Tex. Civ. Practice & Remedies Code Section 89.003
Exceptions

(a)

This chapter does not apply to a person who donates a device:

(1)

knowing that use of the device would be harmful to the health or well-being of another person;

(2)

with actual conscious indifference to the health or well-being of another person; or

(3)

in violation of state or federal law.

(b)

This 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 (Applicability)(g).

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.