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§ 89.001.Definitions

Title 4. Liability in Tort · Chapter 89. Donation of Medical Devices · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 89.001 defines device to cover braces, appliances, durable medical equipment, and supplies but not implants, and nonprofit health care organization by exemption or bona fide charitable operation.

Full Text of § 89.001

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In this chapter:
(1)"Device" means braces, artificial appliances, durable medical equipment, and other medical supplies. The term does not include a medical device that is injected, implanted, or otherwise placed in the human body.
(2)"Donate" means to give without requiring anything of monetary value from the recipient.
(3)"Nonprofit health care organization" means:
(A)an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501) by being listed as an exempt organization in Section 501(c)(3) or 501(c)(4) of that code and that is organized and operated for the purpose of providing free or reduced cost health care; or
(B)a bona fide charitable organization that is organized and operated for the purpose of providing free or reduced cost health care, that dedicates its assets to charitable purposes, and that does not provide net earnings to, or operate in a manner that inures to the benefit of, an officer, employee, or shareholder of the organization.
End

Plain-English Summary

Three definitions, and the first has a pointed exclusion.

"Device" means braces, artificial appliances, durable medical equipment, and other medical supplies. The term does not include a medical device that is injected, implanted, or otherwise placed in the human body.

The exclusion is the sensible line. A donated wheelchair, walker, or hospital bed can be inspected and its condition assessed. An implant cannot be re-donated safely at all, and the chapter does not encourage anyone to try.

"Donate" means to give without requiring anything of monetary value from the recipient — the same definition the food donor chapter uses.

"Nonprofit health care organization" has two branches. An organization 501(c)(3) or 501(c)(4) exempt and organized and operated for the purpose of providing free or reduced cost health care; or a bona fide charitable organization organized and operated for that purpose that dedicates its assets to charitable purposes and does not provide net earnings to, or operate in a manner that inures to the benefit of, an officer, employee, or shareholder.

The second branch does not require tax exemption, which follows the charitable immunity chapter's approach — a charitable operation qualifies whether or not it has filed for exempt status.

Frequently Asked Questions

What devices can be donated under this chapter?

Braces, artificial appliances, durable medical equipment, and other medical supplies — but not a device that is injected, implanted, or otherwise placed in the body.

Why are implants excluded?

A donated wheelchair or walker can be inspected and its condition assessed. An implant cannot be safely re-donated.

Must the recipient be tax-exempt?

Not necessarily. A bona fide charitable organization providing free or reduced cost health care qualifies if it dedicates its assets to charitable purposes and does not benefit its officers, employees, or shareholders.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 662, Sec. 1, eff. Sept. 1, 1997.
  • Renumbered from Sec. 88.001 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(5), eff. Sept. 1, 1999.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source