1 | 1 | | H.B. No. 4375 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to instruction in cardiopulmonary resuscitation and the |
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6 | 6 | | use of an automated external defibrillator in public schools. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. The heading to Section 7.026, Education Code, is |
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9 | 9 | | amended to read as follows: |
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10 | 10 | | Sec. 7.026. DONATIONS FOR USE RELATED TO CARDIOPULMONARY |
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11 | 11 | | RESUSCITATION (CPR) AND AUTOMATED EXTERNAL DEFIBRILLATOR (AED) |
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12 | 12 | | INSTRUCTION. |
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13 | 13 | | SECTION 2. Section 7.026(a), Education Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (a) The agency may accept donations, including donations of |
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16 | 16 | | equipment, for use in providing instruction in cardiopulmonary |
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17 | 17 | | resuscitation (CPR) and the use of an automated external |
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18 | 18 | | defibrillator (AED) [instruction] to students. The agency: |
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19 | 19 | | (1) shall distribute the donations to school districts |
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20 | 20 | | for the purpose of providing CPR and AED instruction to students |
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21 | 21 | | under Sections 28.0023 and 29.903; and |
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22 | 22 | | (2) may use a portion of the donations to the extent |
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23 | 23 | | necessary to pay administrative expenses related to the donations. |
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24 | 24 | | SECTION 3. Sections 28.0023(b), (c), (e), and (g), |
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25 | 25 | | Education Code, are amended to read as follows: |
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26 | 26 | | (b) The State Board of Education by rule shall require |
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27 | 27 | | instruction in cardiopulmonary resuscitation and the use of an |
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28 | 28 | | automated external defibrillator, for students in grades 7 through |
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29 | 29 | | 12. |
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30 | 30 | | (c) A school district or open-enrollment charter school |
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31 | 31 | | shall provide instruction to students in grades 7 through 12 in |
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32 | 32 | | cardiopulmonary resuscitation and the use of an automated external |
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33 | 33 | | defibrillator in a manner consistent with the requirements of this |
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34 | 34 | | section and State Board of Education rules adopted under this |
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35 | 35 | | section. The instruction may be provided as a part of any course. A |
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36 | 36 | | student shall receive the instruction at least once before |
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37 | 37 | | graduation. |
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38 | 38 | | (e) Cardiopulmonary resuscitation instruction must include |
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39 | 39 | | training in cardiopulmonary resuscitation techniques and the use of |
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40 | 40 | | an automated external defibrillator that has been developed: |
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41 | 41 | | (1) by the American Heart Association or the American |
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42 | 42 | | Red Cross; or |
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43 | 43 | | (2) using nationally recognized, evidence-based |
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44 | 44 | | guidelines for emergency cardiovascular care and incorporating |
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45 | 45 | | psychomotor skills to support the instruction. |
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46 | 46 | | (g) A school district or open-enrollment charter school may |
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47 | 47 | | use emergency medical technicians, paramedics, police officers, |
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48 | 48 | | firefighters, representatives of the American Heart Association or |
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49 | 49 | | the American Red Cross, teachers, other school employees, or other |
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50 | 50 | | similarly qualified individuals to provide instruction and |
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51 | 51 | | training under this section. Instruction provided under this |
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52 | 52 | | section is not required to result in certification in |
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53 | 53 | | cardiopulmonary resuscitation or the use of an automated external |
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54 | 54 | | defibrillator. If instruction is intended to result in |
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55 | 55 | | certification in cardiopulmonary resuscitation or the use of an |
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56 | 56 | | automated external defibrillator, the course instructor must be |
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57 | 57 | | authorized to provide the instruction by the American Heart |
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58 | 58 | | Association, the American Red Cross, or a similar nationally |
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59 | 59 | | recognized association. |
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60 | 60 | | SECTION 4. The heading to Section 29.903, Education Code, |
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61 | 61 | | is amended to read as follows: |
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62 | 62 | | Sec. 29.903. CARDIOPULMONARY RESUSCITATION (CPR) AND |
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63 | 63 | | AUTOMATED EXTERNAL DEFIBRILLATOR (AED) INSTRUCTION; DONATIONS TO |
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64 | 64 | | SCHOOL DISTRICTS FOR USE IN CPR AND AED INSTRUCTION. |
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65 | 65 | | SECTION 5. Sections 29.903(a) and (c), Education Code, are |
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66 | 66 | | amended to read as follows: |
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67 | 67 | | (a) A school district may accept from the agency donations |
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68 | 68 | | the agency receives under Section 7.026 for use in providing |
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69 | 69 | | instruction to students in the principles and techniques of CPR and |
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70 | 70 | | the use of an AED. A district may accept other donations, |
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71 | 71 | | including donations of equipment, for use in providing the |
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72 | 72 | | instruction. |
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73 | 73 | | (c) A district may use resources other than those made |
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74 | 74 | | available under Section 7.026 or this section to provide |
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75 | 75 | | instruction to students in the principles and techniques of CPR and |
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76 | 76 | | the use of an AED. |
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77 | 77 | | SECTION 6. This Act applies beginning with the 2023-2024 |
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78 | 78 | | school year. |
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79 | 79 | | SECTION 7. This Act takes effect immediately if it receives |
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80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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83 | 83 | | Act takes effect September 1, 2023. |
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84 | 84 | | ______________________________ ______________________________ |
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85 | 85 | | President of the Senate Speaker of the House |
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86 | 86 | | I certify that H.B. No. 4375 was passed by the House on May 2, |
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87 | 87 | | 2023, by the following vote: Yeas 138, Nays 6, 1 present, not |
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88 | 88 | | voting. |
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89 | 89 | | ______________________________ |
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90 | 90 | | Chief Clerk of the House |
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91 | 91 | | I certify that H.B. No. 4375 was passed by the Senate on May |
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92 | 92 | | 21, 2023, by the following vote: Yeas 31, Nays 0. |
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93 | 93 | | ______________________________ |
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94 | 94 | | Secretary of the Senate |
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95 | 95 | | APPROVED: _____________________ |
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96 | 96 | | Date |
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97 | 97 | | _____________________ |
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98 | 98 | | Governor |
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