Tex. Health & Safety Code § 162.010 · Chapter 162. BLOOD BANKS AND DONATION OF BLOOD
GENERAL POWERS AND DUTIES OF COURT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) After notice and hearing, a court of competent jurisdiction may require a blood bank to provide a recipient of blood from the blood bank with the results of tests of the blood of each donor of blood transfused into the recipient. The court may also require the test results to be given to an heir, parent, or guardian of the recipient, or a personal representative of the recipient's estate. The test results must be given in accordance with Section 162.007.
(b) If a blood bank fails to or cannot provide the test results as required under Subsection (a), the court may require the blood bank to use every reasonable effort, including any effort directed by the court, to locate any donor of the blood in question. The court may require the blood bank to obtain from that donor a blood sample for testing and may direct the blood bank to provide blood test results, samples of the blood, or both, to an independent laboratory designated by the court for testing. The results of the independent laboratory test must be made available to the recipient, an heir, parent, or guardian of the recipient, or the personal representative of the recipient's estate.
(c) Section 162.002 applies if a blood bank requires a donor to provide a blood sample for testing under Subsection (b).
(d) If a blood test result is positive or if the blood bank fails to or cannot provide a blood test result or blood sample as required under Subsection (b), the court may require the blood bank to provide any information that the court determines is necessary to satisfy the court that the blood bank has complied in all respects with this section and the court's order or has demonstrated every reasonable effort to comply. The blood bank must provide the information to the judge of the court in camera and under seal.
(e) The court may not disclose to any other person the name of a donor or any other information that could result in the disclosure of a donor's identity, including an address, social security number, designated recipient, or replacement donation information. However, on the motion of any party, the court shall order the taking of the donor's deposition at a specified time and in a manner that maintains the donor's anonymity.
(f) The court may not deny a party's attorney the right to orally cross-examine the donor.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.162.htm
- Text hash
- sha256 4584bd06804d2eae8d88c0251f3d640f2a9c23fbb068460db75f3ae471b11c33
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 162.010. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 162.011DISCOVERY POWERS OF COURT.Printed as Section 162.010 | Section 162.010(e)
- Tex. Health & Safety Code § 162.012LIMITATION ON LIABILITY.Printed as Section 162.010 | Sections 162.010(b)
- Tex. Health & Safety Code § 162.013CIVIL PENALTY.Printed as Section 162.006, 162.007, 162.010, or 162.011
- Tex. Health & Safety Code § 162.014CRIMINAL PENALTY.Printed as Section 162.006, 162.007, 162.010, or 162.011
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.