{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-77.003","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 77.003","heading":"LIMITATION OF LIABILITY.","body":"(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.\n(b) The Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business \u0026 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.\n(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.\nActs 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.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 4. LIABILITY IN TORT","CHAPTER 77. TRANSPLANTS AND TRANSFUSIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.77.htm#77.003","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"4470684aacefb74868ef43f95e9ca3ab2ac815fedea7afeb22f6da239f25ec1d","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-77.002","next":"us-tx/tex.-civil-practice-and-remedies-code-77.004"},"notice":"GroundRules: Original legal text. Not legal advice."}