88R10948 LRM-D
By: Campos, Kacal H.B. No. 4171
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal regulation of automated external
defibrillators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 122, Health and Safety Code, is amended
by adding Section 122.009 to read as follows:
Sec. 122.009. COUNTY AND MUNICIPAL REGULATION OF AUTOMATED
EXTERNAL DEFIBRILLATORS. (a) In this section, "automated external
defibrillator" has the meaning assigned by Section 779.001.
(b) After public notice and hearing, a county or
municipality by order or ordinance may require automated external
defibrillators to be installed and maintained in structures subject
to county or municipal licensure or other regulation to provide
adequate emergency preparedness. The order or ordinance:
(1) may specify the structures subject to the
requirement and the minimum number and position of required
automated external defibrillators;
(2) may not apply to a health facility licensed under
Title 4 or a premises with an occupancy limit of 30 or fewer
persons; and
(3) may provide exceptions and a variance process to
ensure small businesses are not adversely impacted.
(c) The governing body of a municipality or the
commissioners court of a county shall consult with the county or
municipal fire marshal, the county or municipal fire chief, or
other local official with authority over emergency matters to
determine whether to require automated external defibrillators
under Subsection (b) and the structures subject to the requirement.
(d) A county order adopted under Subsection (b) does not
apply to structures within a municipality and the municipality's
extraterritorial jurisdiction if the municipality has adopted an
ordinance under Subsection (b). A municipal ordinance may apply to
structures within the municipality's extraterritorial
jurisdiction.
(e) A county or municipality:
(1) may inspect a structure subject to an order or
ordinance adopted under Subsection (b) to ensure compliance with
the order or ordinance; and
(2) may not impose application or inspection fees
related to an order or ordinance adopted under Subsection (b).
(f) Chapter 779 applies to automated external
defibrillators required under an order or ordinance adopted under
Subsection (b).
(g) A county or municipality and county or municipal elected
or appointed officials, employees, and agents are not liable for
the regulation of or failure to regulate automated external
defibrillators.
SECTION 2. This Act takes effect September 1, 2023.