§ 89.003.Exceptions
Title 4. Liability in Tort · Chapter 89. Donation of Medical Devices · Last amended 1999 · Last verified August 29, 2026
Full Text of § 89.003
Plain-English Summary
Two exceptions operating on different parties.
Subsection (a) addresses the donor. The chapter does not apply to a person who donates a device: knowing that use of the device would be harmful to the health or well-being of another person; with actual conscious indifference to the health or well-being of another person; or in violation of state or federal law.
The first two are knowledge standards. Actual knowledge of harm, or actual conscious indifference — not what the donor should have known. A donor who did not inspect a device is protected; one who knew it was dangerous is not.
Subsection (b) addresses the recipient, and it is the more consequential. The chapter does not apply to a nonprofit health care organization unless the organization has liability insurance in effect that satisfies the requirements of Section 84.007(g).
That cross-reference is to the charitable immunity chapter's insurance condition — coverage of at least $500,000 per person, $1,000,000 per occurrence for death or bodily injury, and $100,000 per occurrence for property damage.
An uninsured nonprofit gets no protection from this chapter at all. That is the same bargain the charitable immunity, recreational use, and alternative medical liability caps strike: the limitation is available only to a defendant carrying coverage a claimant can collect against.
The pattern has now appeared four times in this code, and it is worth recognising on sight.
Frequently Asked Questions
When does the device donation protection not apply?
To a donor who knew the device would be harmful, acted with actual conscious indifference, or donated in violation of law — and to a nonprofit health care organization without qualifying liability insurance.
What insurance must the organization carry?
Coverage satisfying Section 84.007(g) — at least $500,000 per person, $1 million per occurrence for death or bodily injury, and $100,000 per occurrence for property damage.
Must the donor have inspected the device?
No. The exceptions turn on actual knowledge or actual conscious indifference, not on what the donor should have known.
Amendment History
- Added by Acts 1997, 75th Leg., ch. 662, Sec. 1, eff. Sept. 1, 1997.
- Renumbered from Sec. 88.003 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(5), eff. Sept. 1, 1999.