| 1 | 1 | | 84R3806 MEW-D |
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| 2 | 2 | | By: Aycock H.B. No. 1676 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authority of public and open-enrollment charter school |
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| 8 | 8 | | campuses to maintain a supply of and administer anaphylaxis |
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| 9 | 9 | | medicine. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 38.0151, Education Code, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK |
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| 14 | 14 | | FOR ANAPHYLAXIS; MAINTENANCE AND ADMINISTRATION OF ANAPHYLAXIS |
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| 15 | 15 | | MEDICINE SUPPLY. |
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| 16 | 16 | | SECTION 2. Section 38.0151, Education Code, is amended by |
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| 17 | 17 | | adding Subsections (b-1), (d-1), and (d-2) and amending Subsection |
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| 18 | 18 | | (d) to read as follows: |
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| 19 | 19 | | (b-1) Each school district and open-enrollment charter |
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| 20 | 20 | | school may maintain at each campus a supply of anaphylaxis |
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| 21 | 21 | | medicine, including an epinephrine auto-injector, that may be |
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| 22 | 22 | | administered to a person on campus or at an off-campus school event |
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| 23 | 23 | | experiencing an anaphylactic reaction, regardless of whether the |
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| 24 | 24 | | medicine or auto-injector was prescribed for that person. For |
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| 25 | 25 | | anaphylaxis medicine to satisfy this subsection, the medicine may |
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| 26 | 26 | | not have an expiration date that has passed. |
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| 27 | 27 | | (d) Except in a case of reckless conduct or intentional, |
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| 28 | 28 | | wilful, or wanton misconduct, a person is immune from civil or |
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| 29 | 29 | | criminal liability or disciplinary action for any conduct permitted |
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| 30 | 30 | | or required under this section, including: |
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| 31 | 31 | | (1) issuing an order for epinephrine auto-injectors; |
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| 32 | 32 | | (2) supervising or delegating the administration of an |
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| 33 | 33 | | epinephrine auto-injector; |
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| 34 | 34 | | (3) possessing an epinephrine auto-injector; |
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| 35 | 35 | | (4) prescribing an epinephrine auto-injector; |
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| 36 | 36 | | (5) dispensing an epinephrine auto-injector; |
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| 37 | 37 | | (6) administering, or assisting in administering, an |
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| 38 | 38 | | epinephrine auto-injector; |
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| 39 | 39 | | (7) providing, or assisting in providing, training, |
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| 40 | 40 | | consultation, or advice in the development, adoption, or |
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| 41 | 41 | | implementation of policies or guidelines; or |
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| 42 | 42 | | (8) undertaking any other act permitted or required |
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| 43 | 43 | | under this section. [This section does not: |
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| 44 | 44 | | [(1) waive any liability or immunity of a governmental |
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| 45 | 45 | | entity or its officers or employees; or |
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| 46 | 46 | | [(2) create any liability for or a cause of action |
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| 47 | 47 | | against a governmental entity or its officers or employees.] |
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| 48 | 48 | | (d-1) The immunity provided by Subsection (d) is in addition |
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| 49 | 49 | | to other immunity or limitations of liability provided by law. |
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| 50 | 50 | | (d-2) Notwithstanding any other law, this section does not |
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| 51 | 51 | | create a cause of action or liability against a school district or |
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| 52 | 52 | | open-enrollment charter school or a district or school employee for |
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| 53 | 53 | | the use of an epinephrine auto-injector permitted under this |
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| 54 | 54 | | section. |
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| 55 | 55 | | SECTION 3. This Act applies beginning with the 2015-2016 |
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| 56 | 56 | | school year. |
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| 57 | 57 | | SECTION 4. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2015. |
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