1-1     By:  Gallego (Senate Sponsor - Sibley)                  H.B. No. 80
 1-2           (In the Senate - Received from the House March 28, 2001;
 1-3     March 29, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to immunity applicable to certain persons acting under the
 1-9     Texas Anatomical Gift Act.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 692.016(b), Health and Safety Code, is
1-12     amended to read as follows:
1-13           (b)  A person who acts in good faith in accordance with
1-14     Sections 692.013 and 692.014 is not liable as a result of the
1-15     action except in the case of an act or omission of the person that
1-16     is intentional, wilfully or wantonly negligent, or done with
1-17     conscious indifference or reckless disregard [the person's own
1-18     negligence].  For purposes of this subsection, "good faith" in
1-19     determining the appropriate person authorized to make a donation
1-20     under Section 692.004 means making a reasonable effort to locate
1-21     and contact the member or members of the highest priority class who
1-22     are available at or near the time of death.
1-23           SECTION 2.  This Act applies only to a cause of action that
1-24     accrues on or after the effective date of this Act.  A cause of
1-25     action that accrues before the effective date of this Act is
1-26     governed by the law as it existed immediately before the effective
1-27     date of this Act, and that law is continued in effect for this
1-28     purpose.
1-29           SECTION 3.  This Act takes effect immediately if it receives
1-30     a vote of two-thirds of all the members elected to each house, as
1-31     provided by Section 39, Article III, Texas Constitution.  If this
1-32     Act does not receive the vote necessary for immediate effect, this
1-33     Act takes effect September 1, 2001.
1-34                                  * * * * *