HBA-CCH, CMT H.B. 80 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 80
By: Gallego
Public Health
2/16/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person who acts 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 cannot be held liable for civil damages or subject to
criminal prosecution, unless the person is 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.