CIVIL PRACTICE & REMEDIES CODE

CHAPTER 77. TRANSPLANTS AND TRANSFUSIONS


	§ 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, § 1, eff. Sept. 1, 1985.                    


	§ 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, § 1, eff. Sept. 1, 1985.                    


	§ 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, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 1093, § 6, eff. Aug. 31, 1987.


	§ 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, § 1, eff. Sept. 1, 1985.