By Gallego H.B. No. 80
77R1358 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to immunity applicable to certain persons acting under the
1-3 Texas Anatomical Gift Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 692.016(b), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (b) A person who acts in good faith in accordance with
1-8 Sections 692.013 and 692.014 is not liable as a result of the
1-9 action except in the case of an act or omission of the person that
1-10 is intentional, wilfully or wantonly negligent, or done with
1-11 conscious indifference or reckless disregard [the person's own
1-12 negligence]. For purposes of this subsection, "good faith" in
1-13 determining the appropriate person authorized to make a donation
1-14 under Section 692.004 means making a reasonable effort to locate
1-15 and contact the member or members of the highest priority class who
1-16 are available at or near the time of death.
1-17 SECTION 2. This Act applies only to a cause of action that
1-18 accrues on or after the effective date of this Act. A cause of
1-19 action that accrues before the effective date of this Act is
1-20 governed by the law as it existed immediately before the effective
1-21 date of this Act, and that law is continued in effect for this
1-22 purpose.
1-23 SECTION 3. This Act takes effect immediately if it receives
1-24 a vote of two-thirds of all the members elected to each house, as
2-1 provided by Section 39, Article III, Texas Constitution. If this
2-2 Act does not receive the vote necessary for immediate effect, this
2-3 Act takes effect September 1, 2001.