Sec. 692A.018. IMMUNITY. (a) A person who acts in good faith in accordance with this chapter is not liable for civil damages or subject to criminal prosecution for the person's action if the prerequisites for an anatomical gift are met under the laws applicable at the time and place the gift is made.
(b) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(c) A person who acts in good faith in accordance with this chapter is not liable as a result of the action 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. For purposes of this subsection, "good faith" in determining the appropriate person authorized to make a donation under Section 692A.009 means making a reasonable effort to locate and contact the member or members of the highest priority class who are reasonably available at or near the time of death.
(d) Neither a person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(e) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely on representations of an individual listed in Section 692A.009(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle B - Disposition of the Body
Chapter 692A - Revised Uniform Anatomical Gift Act
Section 692A.003. Applicability
Section 692A.004. Persons Authorized to Make Anatomical Gift Before Donor's Death
Section 692A.005. Manner of Making Anatomical Gift Before Donor's Death
Section 692A.006. Amending or Revoking Anatomical Gift Before Donor's Death
Section 692A.007. Refusal to Make Anatomical Gift; Effect of Refusal
Section 692A.008. Preclusive Effect of Anatomical Gift, Amendment, or Revocation
Section 692A.009. Who May Make Anatomical Gift of Decedent's Body or Part
Section 692A.010. Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part
Section 692A.011. Persons That May Receive Anatomical Gift; Purpose of Anatomical Gift
Section 692A.012. Search and Notification
Section 692A.013. Delivery of Document of Gift Not Required; Right to Examine
Section 692A.014. Rights and Duties of Procurement Organization and Others
Section 692A.015. Coordination of Procurement and Use; Hospital Procedures
Section 692A.016. Sale or Purchase of Parts Prohibited
Section 692A.017. Other Prohibited Acts
Section 692A.020. Glenda Dawson Donate Life-Texas Registry; Education Program
Section 692A.021. Effect of Anatomical Gift on Advance Directive
Section 692A.022. Uniformity of Application and Construction
Section 692A.023. Relation to Electronic Signatures in Global and National Commerce Act