Texas 2021 - 87th Regular

Texas Senate Bill SB199 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 199
	1	+	87R21263 EAS-D
	2	+	By: Nelson S.B. No. 199
	3	+	(Price)
	4	+	Substitute the following for S.B. No. 199: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to automated external defibrillators.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	11		SECTION 1. Section 779.003, Health and Safety Code, is
8	12		amended to read as follows:
9	13		Sec. 779.003. ACQUISITION, MAINTENANCE, AND INSPECTION OF
10	14		AUTOMATED EXTERNAL DEFIBRILLATOR. A person or entity that owns or
11	15		leases an automated external defibrillator shall:
12	16		(1) maintain and test the automated external
13	17		defibrillator according to the manufacturer's guidelines; and
14	18		(2) conduct a monthly inspection to verify the
15	19		automated external defibrillator:
16	20		(A) is placed at its designated location;
17	21		(B) reasonably appears to be ready for use; and
18	22		(C) does not reasonably appear to be damaged in a
19	23		manner that could prevent operation.
20	24		SECTION 2. Section 779.006, Health and Safety Code, is
21	25		amended to read as follows:
22	26		Sec. 779.006. LIABILITY EXEMPTION. (a) Unless the conduct
23	27		is wilfully or wantonly negligent, a [The prescribing] physician
24	28		who prescribes or is otherwise involved in [authorizes] the
25	29		acquisition of an automated external defibrillator and any [in
26	30		accordance with this chapter, a] person or entity that provides
27	31		[approved] training in the use of an automated external
28	32		defibrillator [in accordance with this chapter, and the person or
29	33		entity that acquires the automated external defibrillator and meets
30	34		the requirements of this chapter] are not liable for civil damages
31	35		related to:
32	36		(1) the [for such] prescription, [training, or]
33	37		acquisition, or training in the use of the automated external
34	38		defibrillator; or
35	39		(2) any use or attempted use of or the failure to use
36	40		the automated external defibrillator [unless the conduct is
37	41		wilfully or wantonly negligent].
38	42		(b) Any person or entity that acquires an automated external
39	43		defibrillator and any person or entity that owns, occupies,
40	44		manages, or is otherwise responsible for the designated location
41	45		where the automated external defibrillator is placed are not liable
42	46		for civil damages related to the use or attempted use of or the
43	47		failure to use the automated external defibrillator unless the
44	48		conduct is wilfully or wantonly negligent [and negligently fails to
45	49		comply with the requirements of this chapter is liable for civil
46	50		damages caused by such negligence].
47	51		(c) The immunity provided by this section is in addition to
48	52		any other immunity or limitations of liability provided by other
49	53		law.
50	54		(d) The immunity described by this section applies
51	55		regardless of whether the person who uses, attempts to use, or fails
52	56		to use the automated external defibrillator received training in
53	57		the use of an automated external defibrillator.
54	58		SECTION 3. Section 21.0541, Education Code, is amended to
55	59		read as follows:
56	60		Sec. 21.0541. CONTINUING EDUCATION CREDIT FOR INSTRUCTION
57	61		RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board
58	62		shall adopt rules allowing an educator to receive credit towards
59	63		the educator's continuing education requirements for completion of
60	64		an instructional course on the use of an automated external
61	65		defibrillator that meets any [the] guidelines for automated
62	66		external defibrillator training approved by the board [under
63	67		Section 779.002, Health and Safety Code].
64	68		SECTION 4. The following provisions are repealed:
65	69		(1) Section 22.902(b), Education Code; and
66	70		(2) Section 779.002, Health and Safety Code.
67	71		SECTION 5. This Act takes effect September 1, 2021.
68		-	______________________________ ______________________________
69		-	President of the Senate Speaker of the House
70		-	I hereby certify that S.B. No. 199 passed the Senate on
71		-	April 9, 2021, by the following vote: Yeas 31, Nays 0; and that
72		-	the Senate concurred in House amendment on May 27, 2021, by the
73		-	following vote: Yeas 31, Nays 0.
74		-	______________________________
75		-	Secretary of the Senate
76		-	I hereby certify that S.B. No. 199 passed the House, with
77		-	amendment, on May 23, 2021, by the following vote: Yeas 131,
78		-	Nays 14, two present not voting.
79		-	______________________________
80		-	Chief Clerk of the House
81		-	Approved:
82		-	______________________________
83		-	Date
84		-	______________________________
85		-	Governor