| 1 | 1 | | 88R5836 AMF-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 2261 |
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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 the maintenance of anaphylaxis medicine by a public |
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| 8 | 8 | | school. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 38.0151, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (c) The guidelines described by Subsection (a) may not: |
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| 14 | 14 | | (1) require a school district or open-enrollment |
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| 15 | 15 | | charter school to make any [purchase prescription anaphylaxis |
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| 16 | 16 | | medication, such as epinephrine, or require any other] expenditure |
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| 17 | 17 | | that would result in a negative fiscal impact on the district or |
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| 18 | 18 | | charter school, other than an expenditure necessary to satisfy |
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| 19 | 19 | | Subsection (c-1); or |
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| 20 | 20 | | (2) require the personnel of a district or charter |
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| 21 | 21 | | school to administer treatments approved by the United States Food |
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| 22 | 22 | | and Drug Administration to treat anaphylaxis [anaphylaxis |
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| 23 | 23 | | medication], such as epinephrine, to a student unless the |
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| 24 | 24 | | anaphylaxis medication is prescribed for that student. |
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| 25 | 25 | | (c-1) Each school district and open-enrollment charter |
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| 26 | 26 | | school shall maintain at each campus a supply of anaphylaxis |
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| 27 | 27 | | medication, including an epinephrine auto-injector, that may be |
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| 28 | 28 | | administered to a person experiencing an anaphylactic reaction on |
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| 29 | 29 | | campus or at an off-campus school event, regardless of whether the |
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| 30 | 30 | | medication or auto-injector was prescribed for that person. |
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| 31 | 31 | | SECTION 2. Section 38.208(b), Education Code, is amended to |
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| 32 | 32 | | read as follows: |
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| 33 | 33 | | (b) If a policy is adopted under Subsection (a), the policy: |
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| 34 | 34 | | (1) must require the school district or |
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| 35 | 35 | | open-enrollment charter school to maintain at each campus a supply |
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| 36 | 36 | | of anaphylaxis medicine, including an epinephrine auto-injector, |
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| 37 | 37 | | that may be administered to a person experiencing an anaphylactic |
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| 38 | 38 | | reaction on campus or at an off-campus school event, regardless of |
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| 39 | 39 | | whether the medicine or auto-injector was prescribed for that |
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| 40 | 40 | | person; |
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| 41 | 41 | | (2) must provide that school personnel and school |
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| 42 | 42 | | volunteers who are authorized and trained may administer an |
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| 43 | 43 | | epinephrine auto-injector to a person who is reasonably believed to |
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| 44 | 44 | | be experiencing anaphylaxis on a school campus; and |
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| 45 | 45 | | (3) [(2)] may provide that school personnel and school |
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| 46 | 46 | | volunteers who are authorized and trained may administer an |
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| 47 | 47 | | epinephrine auto-injector to a person who is reasonably believed to |
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| 48 | 48 | | be experiencing anaphylaxis at an off-campus school event or while |
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| 49 | 49 | | in transit to or from a school event. |
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| 50 | 50 | | SECTION 3. Section 38.0151(h), Education Code, is repealed. |
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| 51 | 51 | | SECTION 4. This Act applies beginning with the 2023-2024 |
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| 52 | 52 | | school year. |
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| 53 | 53 | | SECTION 5. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2023. |
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