Texas 2009 - 81st Regular

Texas House Bill HB808 Compare Versions

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Old	New	Differences
1	1	81R25566 JSC-D
2	2	By: Gallego H.B. No. 808
3	3	Substitute the following for H.B. No. 808:
4	4	By: Davis of Harris C.S.H.B. No. 808
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the availability of automated external defibrillators
10	10	at certain athletic clubs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 779.001, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 779.001. DEFINITIONS [DEFINITION]. In this chapter:
15	15	(1) "Automated [, "automated] external defibrillator"
16	16	means a heart monitor and defibrillator that:
17	17	(A) [(1)] has received approval from the United
18	18	States Food and Drug Administration of its premarket notification
19	19	filed under 21 U.S.C. Section 360(k), as amended;
20	20	(B) [(2)] is capable of recognizing the presence
21	21	or absence of ventricular fibrillation or rapid ventricular
22	22	tachycardia and is capable of determining, without interpretation
23	23	of cardiac rhythm by an operator, whether defibrillation should be
24	24	performed; and
25	25	(C) [(3)] on determining that defibrillation
26	26	should be performed, automatically charges and requests delivery of
27	27	an electrical impulse to an individual's heart.
28	28	(2) "Athletic club" means an entity that:
29	29	(A) provides sports or exercise equipment,
30	30	facilities, or instruction to its customers or members or to the
31	31	guests of its customers or members; and
32	32	(B) provides sports or exercise equipment,
33	33	facilities, or instruction to or has enrolled at least 125
34	34	customers or members.
35	35	SECTION 2. Chapter 779, Health and Safety Code, is amended
36	36	by adding Section 779.009 to read as follows:
37	37	Sec. 779.009. CERTAIN ATHLETIC CLUBS; LIMITATION ON
38	38	LIABILITY. (a) An athletic club shall make available at each
39	39	facility or location an automated external defibrillator.
40	40	(b) An athletic club shall make reasonable efforts to ensure
41	41	that at least one athletic club employee trained in the proper use
42	42	of an automated external defibrillator is present during staffed
43	43	business hours at each facility or location.
44	44	(c) An athletic club or other person is not liable for civil
45	45	damages arising from the use, attempt to use, or failure to use an
46	46	automated external defibrillator on the premises of an athletic
47	47	club unless the athletic club or person acts in a manner that is
48	48	wilful or wanton or constitutes gross negligence. The limitation
49	49	on liability provided by this subsection is not exclusive and a
50	50	person may raise any other defense to liability available under
51	51	law.
52	52	(d) This section does not apply to an athletic club that:
53	53	(1) is located on the premises of a hotel and is
54	54	available only to hotel guests;
55	55	(2) is located on the premises of an apartment
56	56	building or complex and is available only to tenants of the
57	57	apartment building or complex;
58	58	(3) is owned and maintained by a homeowner association
59	59	or neighborhood association and is available only to residents in
60	60	the neighborhood who pay dues; or
61	61	(4) is located in a building owned by a municipality.
62	62	SECTION 3. This Act takes effect September 1, 2010.