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 * * * * *