By Maxey H.B. No. 163
77R7 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability associated with the provision of human milk
1-3 by certain persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 77, Civil Practice and Remedies Code, is
1-6 amended by adding Subchapter B to read as follows:
1-7 SUBCHAPTER B. PROVISION OF HUMAN MILK
1-8 Sec. 77.051. DEFINITION. In this subchapter, "nonprofit milk
1-9 bank" means an entity that:
1-10 (1) procures, processes, distributes, or uses human
1-11 milk for human consumption; and
1-12 (2) is an organization exempt from federal income tax
1-13 under Section 501(a) of the Internal Revenue Code of 1986 by being
1-14 listed as an exempt organization in Section 501(c)(3) or 501(c)(4)
1-15 of the code.
1-16 Sec. 77.052. LIMITATION OF LIABILITY. (a) A nonprofit milk
1-17 bank is not liable for damages that arise from the procuring,
1-18 processing, distribution, or use of human milk for human
1-19 consumption unless the damages result from:
1-20 (1) the failure to comply with minimum standards
1-21 adopted under Section 77.054; or
1-22 (2) negligence, gross negligence, or an intentional
1-23 tort.
1-24 (b) Any officer, employee, volunteer, or other agent of a
2-1 nonprofit milk bank is not liable for damages that arise from the
2-2 procuring, processing, distribution, or use of human milk for human
2-3 consumption unless the damages result from:
2-4 (1) the failure of that person to comply with minimum
2-5 standards adopted under Section 77.054; or
2-6 (2) negligence, gross negligence, or an intentional
2-7 tort of that person.
2-8 (c) Subchapter E, Chapter 17, Business & Commerce Code, does
2-9 not apply with respect to claims for damages for personal injury or
2-10 death resulting or alleged to have resulted from negligence on the
2-11 part of a nonprofit milk bank or a person described by Subsection
2-12 (b) in connection with an activity described by Subsection (a) or
2-13 (b).
2-14 (d) The implied warranties of merchantability and fitness do
2-15 not apply to the furnishing of human milk by nonprofit milk banks.
2-16 For purposes of this subchapter, human milk is not a commodity
2-17 subject to sale or barter.
2-18 Sec. 77.053. EXCEPTION: SALE OF HUMAN MILK FOR PROFIT.
2-19 Section 77.052 does not apply to damages that arise from the
2-20 procuring, processing, distribution, or use of human milk if the
2-21 milk bank receives compensation for that milk that exceeds an
2-22 amount reasonably calculated to recover all the milk bank's costs
2-23 associated with procuring, processing, distributing, or using
2-24 human milk for human consumption, including any administrative
2-25 costs.
2-26 Sec. 77.054. MINIMUM STANDARDS. The Texas Board of Health
2-27 shall adopt minimum standards for the procuring, processing,
3-1 distribution, or use of human milk by nonprofit milk banks.
3-2 Sec. 77.055. EFFECT ON OTHER LAW. This chapter is in
3-3 addition to any other protection from liability granted to a
3-4 nonprofit milk bank or an officer, employee, volunteer, or other
3-5 agent of a nonprofit milk bank under law, including Chapter 84.
3-6 SECTION 2. The chapter heading of Chapter 77, Civil Practice
3-7 and Remedies Code, is amended to read as follows:
3-8 CHAPTER 77. LIABILITY FOR DISTRIBUTION OF CERTAIN PRODUCTS OF
3-9 THE BODY [TRANSPLANTS AND TRANSFUSIONS]
3-10 SECTION 3. Sections 77.001-77.004, Civil Practice and
3-11 Remedies Code, are redesignated as Subchapter A, Chapter 77, Civil
3-12 Practice and Remedies Code, and a new subchapter heading is added
3-13 to read as follows:
3-14 SUBCHAPTER A. TRANSPLANTS AND TRANSFUSIONS
3-15 SECTION 4. The Texas Board of Health shall adopt the minimum
3-16 standards required by Subchapter B, Chapter 77, Civil Practice and
3-17 Remedies Code, as added by this Act, not later than December 1,
3-18 2001.
3-19 SECTION 5. This Act takes effect September 1, 2001, and
3-20 applies only to a cause of action that accrues on or after January
3-21 1, 2002. A cause of action that accrues before January 1, 2002, is
3-22 governed by the law as it existed immediately before the effective
3-23 date of this Act, and that law is continued in effect for this
3-24 purpose.