81R25566 JSC-D
By: Gallego H.B. No. 808
Substitute the following for H.B. No. 808:
By: Davis of Harris C.S.H.B. No. 808
A BILL TO BE ENTITLED
AN ACT
relating to the availability of automated external defibrillators
at certain athletic clubs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 779.001, Health and Safety Code, is
amended to read as follows:
Sec. 779.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Automated [, "automated] external defibrillator"
means a heart monitor and defibrillator that:
(A) [(1)] has received approval from the United
States Food and Drug Administration of its premarket notification
filed under 21 U.S.C. Section 360(k), as amended;
(B) [(2)] is capable of recognizing the presence
or absence of ventricular fibrillation or rapid ventricular
tachycardia and is capable of determining, without interpretation
of cardiac rhythm by an operator, whether defibrillation should be
performed; and
(C) [(3)] on determining that defibrillation
should be performed, automatically charges and requests delivery of
an electrical impulse to an individual's heart.
(2) "Athletic club" means an entity that:
(A) provides sports or exercise equipment,
facilities, or instruction to its customers or members or to the
guests of its customers or members; and
(B) provides sports or exercise equipment,
facilities, or instruction to or has enrolled at least 125
customers or members.
SECTION 2. Chapter 779, Health and Safety Code, is amended
by adding Section 779.009 to read as follows:
Sec. 779.009. CERTAIN ATHLETIC CLUBS; LIMITATION ON
LIABILITY. (a) An athletic club shall make available at each
facility or location an automated external defibrillator.
(b) An athletic club shall make reasonable efforts to ensure
that at least one athletic club employee trained in the proper use
of an automated external defibrillator is present during staffed
business hours at each facility or location.
(c) An athletic club or other person is not liable for civil
damages arising from the use, attempt to use, or failure to use an
automated external defibrillator on the premises of an athletic
club unless the athletic club or person acts in a manner that is
wilful or wanton or constitutes gross negligence. The limitation
on liability provided by this subsection is not exclusive and a
person may raise any other defense to liability available under
law.
(d) This section does not apply to an athletic club that:
(1) is located on the premises of a hotel and is
available only to hotel guests;
(2) is located on the premises of an apartment
building or complex and is available only to tenants of the
apartment building or complex;
(3) is owned and maintained by a homeowner association
or neighborhood association and is available only to residents in
the neighborhood who pay dues; or
(4) is located in a building owned by a municipality.
SECTION 3. This Act takes effect September 1, 2010.