Texas 2025 - 89th Regular

Texas House Bill HB3596 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14420 RDR-D
2	2	By: Rosenthal H.B. No. 3596
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prevention of and safety requirements regarding sudden
10	10	cardiac arrest affecting public school students participating in
11	11	interscholastic athletics.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act may be cited as Cody's Law.
14	14	SECTION 2. Chapter 38, Education Code, is amended by adding
15	15	Subchapter D-1 to read as follows:
16	16	SUBCHAPTER D-1. PREVENTION OF AND SAFETY REQUIREMENTS REGARDING
17	17	SUDDEN CARDIAC ARREST AFFECTING STUDENT ATHLETES
18	18	Sec. 38.181. DEFINITIONS. In this subchapter:
19	19	(1) "Athletic trainer" has the meaning assigned by
20	20	Section 451.001, Occupations Code.
21	21	(2) "Coach" includes an assistant coach.
22	22	(3) "League" means the University Interscholastic
23	23	League.
24	24	(4) "Parent" includes a guardian or other person with
25	25	legal authority to make medical decisions for a student.
26	26	(5) "Physician" means a person who holds a license to
27	27	practice medicine in this state.
28	28	Sec. 38.182. APPLICABILITY. This subchapter applies to an
29	29	interscholastic athletic activity, including practice and
30	30	competition, sponsored or sanctioned by:
31	31	(1) a school district and any school for which a
32	32	charter has been granted under Chapter 12; or
33	33	(2) the league.
34	34	Sec. 38.183. WEBSITE INFORMATION. (a) The agency shall
35	35	develop guidelines and other relevant materials, in accordance with
36	36	this section, to educate students, parents, teachers, nurses, and
37	37	coaches regarding sudden cardiac arrest, including:
38	38	(1) warning signs and symptoms, including:
39	39	(A) fainting or seizures during athletic
40	40	activity;
41	41	(B) difficulty breathing;
42	42	(C) chest pains;
43	43	(D) dizziness;
44	44	(E) abnormal racing heart rate; and
45	45	(F) extreme fatigue; and
46	46	(2) risks associated with continuing athletic
47	47	activity after experiencing a warning sign or symptom of sudden
48	48	cardiac arrest.
49	49	(b) In developing the guidelines and other materials under
50	50	Subsection (a), the agency may use educational videos and other
51	51	resources available at no cost.
52	52	(c) The agency shall post on the agency's Internet website
53	53	the guidelines and other materials developed under Subsection (a).
54	54	Sec. 38.184. REQUIRED ANNUAL FORM ACKNOWLEDGING SUDDEN
55	55	CARDIAC ARREST INFORMATION. (a) In addition to satisfying the
56	56	requirements under Section 38.186, a student may not participate in
57	57	an interscholastic athletic activity for a school year until both
58	58	the student and the student's parent have signed and submitted to
59	59	the school district or charter school in which the student is
60	60	enrolled a form for that school year that acknowledges receiving
61	61	and reading written information that:
62	62	(1) explains:
63	63	(A) sudden cardiac arrest warning signs and
64	64	symptoms; and
65	65	(B) electrocardiogram screening;
66	66	(2) provides notice of the requirement for the student
67	67	to receive an electrocardiogram in addition to a physical
68	68	examination; and
69	69	(3) is consistent with the information in the
70	70	materials developed and posted under Section 38.183.
71	71	(b) The form required under Subsection (a) must be approved
72	72	by the league.
73	73	(c) A school district or charter school shall retain a form
74	74	submitted under Subsection (a) for the school year for which the
75	75	student participates in an interscholastic athletic activity.
76	76	Sec. 38.185. INFORMATIONAL MEETING. Before the start of
77	77	each athletic season, a school district or charter school may hold
78	78	an informational meeting regarding the warning signs and symptoms
79	79	of sudden cardiac arrest for students, parents, coaches, and other
80	80	school employees. The district or school may invite a physician,
81	81	including a pediatric cardiologist, or athletic trainer to present
82	82	information at the meeting.
83	83	Sec. 38.186. REQUIRED ELECTROCARDIOGRAM. (a) Except as
84	84	provided by Subsection (b), a student may not participate in an
85	85	interscholastic athletic activity for a school year unless the
86	86	student receives an electrocardiogram from a health care
87	87	professional, including a health care professional provided
88	88	through the student's patient-centered medical home, as defined by
89	89	Section 540.0712, Government Code, a health care professional
90	90	provided through a school district or charter school program, or
91	91	another health care professional chosen by the parent, provided
92	92	that the health care professional is:
93	93	(1) appropriately licensed in this state; and
94	94	(2) authorized to administer and interpret
95	95	electrocardiograms under the health care professional's scope of
96	96	practice.
97	97	(b) A student is not required to comply with Subsection (a)
98	98	if:
99	99	(1) the student's parent submits a signed form
100	100	indicating that the parent authorizes the student to decline an
101	101	electrocardiogram; or
102	102	(2) the student signs and submits the form described
103	103	by Subdivision (1) on the student's own behalf if the student is 18
104	104	years of age or older or the student's disabilities of minority have
105	105	been removed for general purposes under Chapter 31, Family Code.
106	106	(c) A school district or charter school shall use a form
107	107	approved by the league for purposes of Subsection (b). The form
108	108	must:
109	109	(1) provide the student or the student's parent, as
110	110	applicable, the opportunity to decline an electrocardiogram, as
111	111	provided by Subsection (b); and
112	112	(2) be made available in English, Spanish, and any
113	113	other language spoken by a majority of the students enrolled in a
114	114	bilingual education or special language program under Subchapter B,
115	115	Chapter 29, in the district or school.
116	116	(d) A school district or charter school shall retain a form
117	117	submitted under Subsection (b) for the school year for which the
118	118	student participates in an interscholastic athletic activity.
119	119	Sec. 38.187. REMOVAL AND PREVENTION FROM PLAY IN PRACTICE
120	120	OR COMPETITION FOLLOWING SUDDEN CARDIAC ARREST WARNING SIGN OR
121	121	SYMPTOM. (a) A student shall be removed from an interscholastic
122	122	athletic practice or competition immediately if any of the
123	123	following persons determines that the student has lost
124	124	consciousness during the practice or competition:
125	125	(1) a coach;
126	126	(2) a physician;
127	127	(3) a licensed health care professional;
128	128	(4) a school nurse; or
129	129	(5) the student's parent.
130	130	(b) A student may be removed from an interscholastic
131	131	athletic practice or competition by a person listed in Subsection
132	132	(a) if the person determines that the student has exhibited a
133	133	warning sign or symptom of sudden cardiac arrest other than the loss
134	134	of consciousness as described by Sections 38.183(a)(1)(B)-(F).
135	135	(c) Subject to Section 38.188, if a person listed in
136	136	Subsection (a) knows that a student has lost consciousness at any
137	137	time during or immediately following an interscholastic athletic
138	138	practice or competition, the student shall be prevented from
139	139	participating in any further practice or competition.
140	140	(d) Subject to Section 38.188, if a person listed in
141	141	Subsection (a) knows that a student has exhibited a warning sign or
142	142	symptom of sudden cardiac arrest other than the loss of
143	143	consciousness at any time during or immediately following an
144	144	interscholastic athletic practice or competition, the student may
145	145	be prevented from participating in any further practice or
146	146	competition.
147	147	Sec. 38.188. RETURN TO PLAY IN PRACTICE OR COMPETITION. A
148	148	student removed from or prevented from participating in an
149	149	interscholastic athletic practice or competition under Section
150	150	38.187 may not be permitted to practice or compete again until:
151	151	(1) the student has been evaluated by:
152	152	(A) a physician;
153	153	(B) a licensed health care professional; or
154	154	(C) a school nurse; and
155	155	(2) the evaluating health care provider has provided a
156	156	written statement indicating that, in the provider's professional
157	157	judgment, it is safe for the student to return to play.
158	158	Sec. 38.189. TRAINING COURSES. (a) The league shall
159	159	approve for coaches of interscholastic athletic activities
160	160	training courses that provide for training in the subject matter of
161	161	sudden cardiac arrest, including prevention, warning signs and
162	162	symptoms, risks, and long-term effects.
163	163	(b) A coach may not coach an interscholastic athletic
164	164	activity for a school year until the coach has completed a training
165	165	course approved under Subsection (a).
166	166	(c) A coach must submit proof of timely completion of an
167	167	approved course in compliance with Subsection (b) to the school
168	168	district superintendent or the superintendent's designee or, in the
169	169	case of a charter school, a person who serves the function of a
170	170	superintendent or that person's designee.
171	171	Sec. 38.190. INFORMATIONAL SHEET. (a) The agency shall
172	172	develop and make available to each school district and charter
173	173	school an informational sheet comprised of information consistent
174	174	with the information in the materials developed and posted under
175	175	Section 38.183.
176	176	(b) A school district or charter school shall provide a copy
177	177	of the informational sheet developed under Subsection (a) to each
178	178	newly hired teacher, school nurse, and coach.
179	179	Sec. 38.191. IMMUNITY. This subchapter does not:
180	180	(1) waive any immunity from liability of a school
181	181	district or charter school or of district or school officers or
182	182	employees;
183	183	(2) create any liability for a cause of action against
184	184	a school district or charter school or against district or charter
185	185	school officers or employees; or
186	186	(3) waive any immunity from liability under Section
187	187	74.151, Civil Practice and Remedies Code.
188	188	Sec. 38.192. RULES. The commissioner and the league may
189	189	adopt rules as necessary to administer this subchapter.
190	190	SECTION 3. Section 33.096, Education Code, is repealed.
191	191	SECTION 4. Subchapter D-1, Chapter 38, Education Code, as
192	192	added by this Act, applies beginning with the 2025-2026 school
193	193	year.
194	194	SECTION 5. Notwithstanding Section 38.189, Education Code,
195	195	as added by this Act, a coach required under that section to take a
196	196	training course in the subject of sudden cardiac arrest must
197	197	initially complete the training course not later than September 1,
198	198	2026.
199	199	SECTION 6. This Act takes effect June 1, 2025, if it
200	200	receives a vote of two-thirds of all the members elected to each
201	201	house, as provided by Section 39, Article III, Texas Constitution.
202	202	If this Act does not receive the vote necessary for effect on that
203	203	date, this Act takes effect September 1, 2025.