Texas 2019 - 86th Regular

Texas House Bill HB496 Compare Versions

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Version 2 (New)

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1		-	H.B. No. 496
	1	+	By: Gervin-Hawkins, Bernal, Allison H.B. No. 496
	2	+	(Senate Sponsor - Lucio)
	3	+	(In the Senate - Received from the House May 13, 2019;
	4	+	May 14, 2019, read first time and referred to Committee on
	5	+	Education; May 17, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 2;
	7	+	May 17, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 496 By: Lucio
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to traumatic injury response protocol and the use of
6		-	bleeding control ~~stations~~ in public schools.
	15	+	bleeding control kits in public schools.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Subchapter A, Chapter 38, Education Code, is
9	18		amended by adding Section 38.030 to read as follows:
10		-	Sec. 38.030. TRAUMATIC INJURY RESPONSE PROTOCOL. (a) ~~Each~~
11		-	school district ~~and~~ open-enrollment charter school shall develop
12		-	~~and~~ annually make available a protocol for school employees and
	19	+	Sec. 38.030. TRAUMATIC INJURY RESPONSE PROTOCOL. (a) A
	20	+	school district or open-enrollment charter school shall develop and
	21	+	annually make available a protocol for school employees and
13	22		volunteers to follow in the event of a traumatic injury.
14		-	(b) The protocol required under this section must:
15		-	(1) provide for a school district or open-enrollment
16		-	charter school to maintain and make available to school employees
17		-	and volunteers bleeding control stations, as described by
18		-	Subsection (d), for use in the event of a traumatic injury involving
19		-	blood loss;
20		-	(2) ensure that bleeding control stations are stored
21		-	in easily accessible areas of the campus that are selected by the
22		-	district's school safety and security committee or the charter
23		-	school's governing body;
24		-	(3) require that agency-approved training on the use
25		-	of a bleeding control station in the event of an injury to another
26		-	person be provided to:
27		-	(A) each school district peace officer
28		-	commissioned under Section 37.081 or school security personnel
29		-	employed under that section who provides security services at the
30		-	campus;
31		-	(B) each school resource officer who provides law
32		-	enforcement at the campus; and
33		-	(C) all other district or school personnel who
34		-	may be reasonably expected to use a bleeding control station; and
35		-	(4) require the district or charter school to annually
36		-	offer instruction on the use of a bleeding control station from a
37		-	school resource officer or other appropriate district or school
38		-	personnel who has received the training under Subdivision (3) to
39		-	students enrolled at the campus in grade seven or higher.
40		-	(c) A district's school safety and security committee or the
41		-	charter school's governing body may select, as easily accessible
42		-	areas of the campus at which bleeding control stations may be
43		-	stored, areas of the campus where automated external defibrillators
44		-	are stored.
45		-	(d) A bleeding control station required under this section
46		-	must contain all of the following required supplies in quantities
47		-	determined appropriate by the superintendent of the district or the
48		-	director of the school:
49		-	(1) tourniquets approved for use in battlefield trauma
50		-	care by the armed forces of the United States;
51		-	(2) chest seals;
52		-	(3) compression bandages;
53		-	(4) bleeding control bandages;
54		-	(5) space emergency blankets;
55		-	(6) latex-free gloves;
56		-	(7) markers;
57		-	(8) scissors; and
58		-	(9) instructional documents developed by the American
	23	+	(b) The protocol required under this section must provide
	24	+	for a school district or open-enrollment charter school to maintain
	25	+	and make available to school employees and volunteers a bleeding
	26	+	control kit for use in the event of a traumatic injury involving
	27	+	blood loss.
	28	+	(c) A bleeding control kit required under this section must
	29	+	be a first aid response kit that includes:
	30	+	(1) a tourniquet approved for use in battlefield
	31	+	trauma care by the armed forces of the United States;
	32	+	(2) compression bandages;
	33	+	(3) bleeding control bandages;
	34	+	(4) protective gloves;
	35	+	(5) markers;
	36	+	(6) scissors; and
	37	+	(7) instructional documents developed by the American
59	38		College of Surgeons or the United States Department of Homeland
60	39		Security detailing methods to prevent blood loss following a
61	40		traumatic event.
62		-	(e) In addition to the items listed under Subsection (d), a
	41	+	(d) In addition to the items listed under Subsection (c), a
63	42		school district or open-enrollment charter school may also include
64		-	in a bleeding control station any medical material or equipment
65		-	that:
66		-	(1) may be readily stored in a bleeding control
67		-	station;
	43	+	in a bleeding control kit any medical material or equipment that:
	44	+	(1) may be readily stored in a bleeding control kit;
68	45		(2) may be used to adequately treat an injury
69	46		involving traumatic blood loss; and
70	47		(3) is approved by local law enforcement or emergency
71	48		medical services personnel.
72		-	(f) To satisfy the training requirement of Subsection
73		-	(b)(3), the agency may approve a course of instruction that has been
74		-	developed or endorsed by:
75		-	(1) the American College of Surgeons or a similar
76		-	organization; or
77		-	(2) the emergency medicine department of a
78		-	health-related institution of higher education or a hospital.
79		-	(g) The course of instruction for training described under
80		-	Subsection (f) may not be provided as an online course. The course
81		-	of instruction must use nationally recognized, evidence-based
82		-	guidelines for bleeding control and must incorporate instruction on
83		-	the psychomotor skills necessary to use a bleeding control station
84		-	in the event of an injury to another person, including instruction
85		-	on proper chest seal placement.
86		-	(h) The course of instruction described under Subsection
87		-	(f) may be provided by emergency medical technicians, paramedics,
88		-	law enforcement officers, firefighters, representatives of the
89		-	organization or institution that developed or endorsed the
90		-	training, educators, other public school employees, or other
91		-	similarly qualified individuals. A course of instruction described
92		-	under Subsection (f) is not required to provide for certification
93		-	in bleeding control. If the course of instruction does provide for
94		-	certification in bleeding control, the instructor must be
95		-	authorized to provide the instruction for the purpose of
96		-	certification by the organization or institution that developed or
97		-	endorsed the course of instruction.
98		-	(i) The good faith use of a bleeding control station by a
99		-	school district or open-enrollment charter school employee to
100		-	control the bleeding of an injured person is incident to or within
101		-	the scope of the duties of the employee's position of employment and
102		-	involves the exercise of judgment or discretion on the part of the
103		-	employee for purposes of Section 22.0511, and a school district or
	49	+	(e) The good faith use of a bleeding control kit by a school
	50	+	district or open-enrollment charter school employee to control the
	51	+	bleeding of an injured person is incident to or within the scope of
	52	+	the duties of the employee's position of employment and involves
	53	+	the exercise of judgment or discretion on the part of the employee
	54	+	for purposes of Section 22.0511, and a school district or
104	55		open-enrollment charter school and the employees of the district or
105	56		school are immune from civil liability, as provided by that
106	57		section, from damages or injuries resulting from that good faith
107		-	use of a bleeding control station. A school district or
108		-	open-enrollment charter school volunteer is immune from civil
109		-	liability from damages or injuries resulting from the good faith
110		-	use of a bleeding control station to the same extent as a
111		-	professional employee of the district or school, as provided by
112		-	Section 22.053.
113		-	(j) Nothing in this section limits the immunity from
	58	+	use of a bleeding control kit. A school district or open-enrollment
	59	+	charter school volunteer is immune from civil liability from
	60	+	damages or injuries resulting from the good faith use of a bleeding
	61	+	control kit to the same extent as a professional employee of the
	62	+	district or school, as provided by Section 22.053.
	63	+	(f) Nothing in this section limits the immunity from
114	64		liability of a school district, open-enrollment charter school, or
115	65		district or school employee or volunteer under:
116	66		(1) Sections 22.0511 and 22.053;
117	67		(2) Section 101.051, Civil Practice and Remedies Code;
118	68		or
119	69		(3) any other applicable law.
120		-	(k) This section does not create a cause of action against a
	70	+	(g) This section does not create a cause of action against a
121	71		school district or open-enrollment charter school or the employees
122	72		or volunteers of the district or school.
123		-	SECTION 2. (a) Not later than October 1, 2019, the Texas
124		-	Education Agency shall approve a course of instruction on the use of
125		-	a bleeding control station that is appropriate to satisfy the
126		-	requirement under Section 38.030, Education Code, as added by this
127		-	Act.
128		-	(b) As soon as practicable after the effective date of this
129		-	Act, and not later than January 1, 2020, each school district and
130		-	open-enrollment charter school shall develop and implement the
131		-	traumatic injury response protocol required by Section 38.030,
132		-	Education Code, as added by this Act.
	73	+	SECTION 2. As soon as practicable after the effective date
	74	+	of this Act, and not later than January 1, 2020, each school
	75	+	district and open-enrollment charter school shall develop and
	76	+	implement the traumatic injury response protocol required by
	77	+	Section 38.030, Education Code, as added by this Act.
133	78		SECTION 3. This Act takes effect immediately if it receives
134	79		a vote of two-thirds of all the members elected to each house, as
135	80		provided by Section 39, Article III, Texas Constitution. If this
136	81		Act does not receive the vote necessary for immediate effect, this
137	82		Act takes effect September 1, 2019.
138		-	______________________________ ______________________________
139		-	President of the Senate Speaker of the House
140		-	I certify that H.B. No. 496 was passed by the House on May 10,
141		-	2019, by the following vote: Yeas 91, Nays 34, 2 present, not
142		-	voting; that the House refused to concur in Senate amendments to
143		-	H.B. No. 496 on May 23, 2019, and requested the appointment of a
144		-	conference committee to consider the differences between the two
145		-	houses; and that the House adopted the conference committee report
146		-	on H.B. No. 496 on May 26, 2019, by the following vote: Yeas 124,
147		-	Nays 21, 1 present, not voting.
148		-	______________________________
149		-	Chief Clerk of the House
150		-	I certify that H.B. No. 496 was passed by the Senate, with
151		-	amendments, on May 21, 2019, by the following vote: Yeas 23, Nays
152		-	8; at the request of the House, the Senate appointed a conference
153		-	committee to consider the differences between the two houses; and
154		-	that the Senate adopted the conference committee report on H.B. No.
155		-	496 on May 26, 2019, by the following vote: Yeas 25, Nays 6.
156		-	______________________________
157		-	Secretary of the Senate
158		-	APPROVED: __________________
159		-	Date
160		-	__________________
161		-	Governor
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