CHAPTER 77. TRANSPLANTS AND TRANSFUSIONS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 77. TRANSPLANTS AND TRANSFUSIONS
Sec. 77.001. DEFINITION. In this chapter, "human body part"
means any tissue, organ, blood, or components thereof from a
human.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 77.002. POLICY. It is important to the health and welfare
of the people of this state that scientific knowledge, skills,
and materials be available for the procedures of transplantation,
injection, transfusion, or other transfer of human body parts.
The imposition of strict liability on persons and organizations
engaged in these scientific procedures inhibits the exercise of
sound medical judgment and restricts the availability of the
knowledge, skills, and materials. It is therefore the public
policy of this state to promote the health and welfare of the
people by limiting the legal liability arising from those
scientific procedures to instances of negligence.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 77.003. LIMITATION OF LIABILITY. (a) A person who
donates, obtains, prepares, transplants, injects, transfuses, or
transfers a human body part from a living or dead human to
another human or a person who assists or participates in that
activity is not liable as a result of that activity except for
negligence, gross negligence, or an intentional tort.
(b) The Deceptive Trade Practices-Consumer Protection Act
(Subchapter E, Chapter 17, Business & Commerce Code) does not
apply with respect to claims for damages for personal injury or
death resulting or alleged to have resulted from negligence on
the part of the person described in Subsection (a) of this
section in connection with an activity designated in said
subsection.
(c) The implied warranties of merchantability and fitness do not
apply to the furnishing of human body parts by blood banks,
tissue banks, or other similar organizations. For purposes of
this chapter, those human body parts are not considered
commodities subject to sale or barter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 1093, Sec. 6, eff. Aug. 31,
1987.
Sec. 77.004. BLOOD BANK: COMPENSATION OF SELLER. (a) This
section applies only to a blood bank licensed either by the
Division of Biological Standards of the National Institute of
Health or by the American Association of Blood Banks.
(b) A blood bank may not pay cash for blood. A blood bank may
not pay a blood seller by check unless the check is sent by
United States mail to the seller after the 15th day following the
day the blood is taken from the seller.
(c) If a blood bank violates Subsection (b) and the blood
contains harmful substances, the blood bank is not entitled to
the immunity established by this chapter. The blood bank has the
burden of establishing that the blood was not purchased in
violation of Subsection (b).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.