88R5836 AMF-D
By: Hinojosa H.B. No. 2261
A BILL TO BE ENTITLED
AN ACT
relating to the maintenance of anaphylaxis medicine by a public
school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.0151, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) The guidelines described by Subsection (a) may not:
(1) require a school district or open-enrollment
charter school to make any [purchase prescription anaphylaxis
medication, such as epinephrine, or require any other] expenditure
that would result in a negative fiscal impact on the district or
charter school, other than an expenditure necessary to satisfy
Subsection (c-1); or
(2) require the personnel of a district or charter
school to administer treatments approved by the United States Food
and Drug Administration to treat anaphylaxis [anaphylaxis
medication], such as epinephrine, to a student unless the
anaphylaxis medication is prescribed for that student.
(c-1) Each school district and open-enrollment charter
school shall maintain at each campus a supply of anaphylaxis
medication, including an epinephrine auto-injector, that may be
administered to a person experiencing an anaphylactic reaction on
campus or at an off-campus school event, regardless of whether the
medication or auto-injector was prescribed for that person.
SECTION 2. Section 38.208(b), Education Code, is amended to
read as follows:
(b) If a policy is adopted under Subsection (a), the policy:
(1) must require the school district or
open-enrollment charter school to maintain at each campus a supply
of anaphylaxis medicine, including an epinephrine auto-injector,
that may be administered to a person experiencing an anaphylactic
reaction on campus or at an off-campus school event, regardless of
whether the medicine or auto-injector was prescribed for that
person;
(2) must provide that school personnel and school
volunteers who are authorized and trained may administer an
epinephrine auto-injector to a person who is reasonably believed to
be experiencing anaphylaxis on a school campus; and
(3) [(2)] may provide that school personnel and school
volunteers who are authorized and trained may administer an
epinephrine auto-injector to a person who is reasonably believed to
be experiencing anaphylaxis at an off-campus school event or while
in transit to or from a school event.
SECTION 3. Section 38.0151(h), Education Code, is repealed.
SECTION 4. This Act applies beginning with the 2023-2024
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.