§ 77.003.Limitation of Liability

The operative provision, in three parts that each remove a different theory.

Subsection (a) removes strict liability. A person who donates, obtains, prepares, transplants, injects, transfuses, or transfers a human body part from a living or dead human to another — or who assists or participates — is not liable as a result of that activity except for negligence, gross negligence, or an intentional tort.

Seven verbs cover the whole chain, from the donor through the bank to the clinician, and the assist-or-participate clause reaches everyone else involved.

Subsection (b) disapplies the DTPA to claims for personal injury or death resulting or alleged to have resulted from negligence in connection with the activity. Without it, a claimant could reach treble damages by pleading a deceptive practice instead of negligence — the same workaround the medical liability chapter forecloses.

Subsection (c) is the most consequential. The implied warranties of merchantability and fitness do not apply to the furnishing of human body parts by blood banks, tissue banks, or similar organizations, and those human body parts are not considered commodities subject to sale or barter.

The "not a commodity" characterisation is the whole answer to warranty liability. Implied warranties attach to goods sold. Declaring that blood and tissue are not goods being sold removes warranty theory at its root, which is why the provision is framed as a characterisation rather than an exemption.