§ 76.001.Definitions

Five definitions, and two of them shape who the chapter protects.

"Donate" means to give without requiring anything of monetary value from the recipient. That excludes a discounted sale — the transaction must be a gift.

"Gleaner" means a person who harvests for free distribution to the needy an agricultural crop that has been donated by the owner.

Gleaning is the practice of gathering what a commercial harvest left behind — produce that is misshapen, undersized, or not worth the cost of picking. A grower who lets volunteers into a field after harvest is donating food that would otherwise rot, and the chapter protects both the grower and the volunteers.

"Intentional misconduct" is defined narrowly: conduct that the actor knows is harmful to the health or well-being of another person. Actual knowledge of harm, not recklessness.

"Nonprofit organization" means an incorporated or unincorporated organization established and operating for religious, charitable, or educational purposes that does not distribute any of its income to its members, directors, or officers. No tax-exemption requirement — the test is purpose and non-distribution.

"Person" is broad enough to include a governmental entity, so a public institution donating surplus food is covered.