H.B. No. 4375
AN ACT
relating to instruction in cardiopulmonary resuscitation and the
use of an automated external defibrillator in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 7.026, Education Code, is
amended to read as follows:
Sec. 7.026. DONATIONS FOR USE RELATED TO CARDIOPULMONARY
RESUSCITATION (CPR) AND AUTOMATED EXTERNAL DEFIBRILLATOR (AED)
INSTRUCTION.
SECTION 2. Section 7.026(a), Education Code, is amended to
read as follows:
(a) The agency may accept donations, including donations of
equipment, for use in providing instruction in cardiopulmonary
resuscitation (CPR) and the use of an automated external
defibrillator (AED) [instruction] to students. The agency:
(1) shall distribute the donations to school districts
for the purpose of providing CPR and AED instruction to students
under Sections 28.0023 and 29.903; and
(2) may use a portion of the donations to the extent
necessary to pay administrative expenses related to the donations.
SECTION 3. Sections 28.0023(b), (c), (e), and (g),
Education Code, are amended to read as follows:
(b) The State Board of Education by rule shall require
instruction in cardiopulmonary resuscitation and the use of an
automated external defibrillator, for students in grades 7 through
12.
(c) A school district or open-enrollment charter school
shall provide instruction to students in grades 7 through 12 in
cardiopulmonary resuscitation and the use of an automated external
defibrillator in a manner consistent with the requirements of this
section and State Board of Education rules adopted under this
section. The instruction may be provided as a part of any course. A
student shall receive the instruction at least once before
graduation.
(e) Cardiopulmonary resuscitation instruction must include
training in cardiopulmonary resuscitation techniques and the use of
an automated external defibrillator that has been developed:
(1) by the American Heart Association or the American
Red Cross; or
(2) using nationally recognized, evidence-based
guidelines for emergency cardiovascular care and incorporating
psychomotor skills to support the instruction.
(g) A school district or open-enrollment charter school may
use emergency medical technicians, paramedics, police officers,
firefighters, representatives of the American Heart Association or
the American Red Cross, teachers, other school employees, or other
similarly qualified individuals to provide instruction and
training under this section. Instruction provided under this
section is not required to result in certification in
cardiopulmonary resuscitation or the use of an automated external
defibrillator. If instruction is intended to result in
certification in cardiopulmonary resuscitation or the use of an
automated external defibrillator, the course instructor must be
authorized to provide the instruction by the American Heart
Association, the American Red Cross, or a similar nationally
recognized association.
SECTION 4. The heading to Section 29.903, Education Code,
is amended to read as follows:
Sec. 29.903. CARDIOPULMONARY RESUSCITATION (CPR) AND
AUTOMATED EXTERNAL DEFIBRILLATOR (AED) INSTRUCTION; DONATIONS TO
SCHOOL DISTRICTS FOR USE IN CPR AND AED INSTRUCTION.
SECTION 5. Sections 29.903(a) and (c), Education Code, are
amended to read as follows:
(a) A school district may accept from the agency donations
the agency receives under Section 7.026 for use in providing
instruction to students in the principles and techniques of CPR and
the use of an AED. A district may accept other donations,
including donations of equipment, for use in providing the
instruction.
(c) A district may use resources other than those made
available under Section 7.026 or this section to provide
instruction to students in the principles and techniques of CPR and
the use of an AED.
SECTION 6. This Act applies beginning with the 2023-2024
school year.
SECTION 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4375 was passed by the House on May 2,
2023, by the following vote: Yeas 138, Nays 6, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4375 was passed by the Senate on May
21, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor