HBA-CMT H.B. 80 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 80 By: Gallego Public Health 7/19/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, a person who acted in good faith in accordance with a hospital's protocol for identifying potential organ and tissue donors and the provisions for asking an authorized person to consent to donation on behalf of a decedent could not be held liable for civil damages or subject to criminal prosecution, unless the person was negligent. House Bill 80 specifies the standard for liability as an act or omission that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 80 amends the Health and Safety Code by adding that a person who acts in good faith in accordance with proper hospital protocol and procedures listed under the Texas Anatomical Gift Act pertaining to identifying potential organ and tissue donors and the provisions for asking an authorized person to consent to donation on behalf of a decedent cannot be held liable, except in the case of an act or omission of the person that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard. EFFECTIVE DATE June 16, 2001.