| 1 | 1 | | 89R3712 LRM-D |
|---|
| 2 | 2 | | By: Cook S.B. No. 2262 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to regulation by municipalities and certain counties of |
|---|
| 10 | 10 | | and certain prohibited state agency regulation of automated |
|---|
| 11 | 11 | | external defibrillators. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Chapter 122, Health and Safety Code, is amended |
|---|
| 14 | 14 | | by adding Section 122.009 to read as follows: |
|---|
| 15 | 15 | | Sec. 122.009. REGULATION OF AUTOMATED EXTERNAL |
|---|
| 16 | 16 | | DEFIBRILLATORS BY MUNICIPALITIES AND CERTAIN COUNTIES; PROHIBITED |
|---|
| 17 | 17 | | STATE AGENCY REGULATION. (a) In this section, "automated external |
|---|
| 18 | 18 | | defibrillator" has the meaning assigned by Section 779.001. |
|---|
| 19 | 19 | | (b) This section applies only to: |
|---|
| 20 | 20 | | (1) a county: |
|---|
| 21 | 21 | | (A) with a population of more than 250,000; or |
|---|
| 22 | 22 | | (B) adjacent to a county with a population of |
|---|
| 23 | 23 | | more than 250,000; and |
|---|
| 24 | 24 | | (2) each municipality. |
|---|
| 25 | 25 | | (c) The purpose of this section is to provide certain |
|---|
| 26 | 26 | | counties and all municipalities express authority to regulate |
|---|
| 27 | 27 | | automated external defibrillators. |
|---|
| 28 | 28 | | (d) The commissioners court of a county and the governing |
|---|
| 29 | 29 | | body of a municipality shall consult with the county or municipal |
|---|
| 30 | 30 | | fire marshal, the county or municipal fire chief, the county or |
|---|
| 31 | 31 | | municipal emergency medical services provider, the county or |
|---|
| 32 | 32 | | municipal health authority, or other local official with authority |
|---|
| 33 | 33 | | over emergency matters to determine: |
|---|
| 34 | 34 | | (1) whether to require automated external |
|---|
| 35 | 35 | | defibrillators under Subsection (e); |
|---|
| 36 | 36 | | (2) the structures or designated public events subject |
|---|
| 37 | 37 | | to the requirement; and |
|---|
| 38 | 38 | | (3) the minimum number and positioning of required |
|---|
| 39 | 39 | | automated external defibrillators by structure type or event. |
|---|
| 40 | 40 | | (e) After public notice and hearing, a county or |
|---|
| 41 | 41 | | municipality by order or ordinance may require automated external |
|---|
| 42 | 42 | | defibrillators to be installed and maintained in structures or at |
|---|
| 43 | 43 | | designated public events subject to county or municipal licensure |
|---|
| 44 | 44 | | or other regulation to provide adequate emergency preparedness. |
|---|
| 45 | 45 | | The order or ordinance: |
|---|
| 46 | 46 | | (1) may specify the structures or events subject to |
|---|
| 47 | 47 | | the requirement and the minimum number and positioning of required |
|---|
| 48 | 48 | | automated external defibrillators; |
|---|
| 49 | 49 | | (2) may provide exceptions and a variance process; and |
|---|
| 50 | 50 | | (3) may not apply to: |
|---|
| 51 | 51 | | (A) a health facility licensed under Title 4; |
|---|
| 52 | 52 | | (B) a state or federal governmental facility; or |
|---|
| 53 | 53 | | (C) a premises with a maximum occupancy of less |
|---|
| 54 | 54 | | than 30 individuals under applicable local laws. |
|---|
| 55 | 55 | | (f) A county order adopted under Subsection (e) does not |
|---|
| 56 | 56 | | apply to structures or events within a municipality that has |
|---|
| 57 | 57 | | adopted an ordinance under Subsection (e). |
|---|
| 58 | 58 | | (g) A county or municipality may inspect a structure or |
|---|
| 59 | 59 | | event subject to an order or ordinance adopted under Subsection (e) |
|---|
| 60 | 60 | | to ensure compliance with the order or ordinance. |
|---|
| 61 | 61 | | (h) Chapter 779 applies to automated external |
|---|
| 62 | 62 | | defibrillators required under an order or ordinance adopted under |
|---|
| 63 | 63 | | Subsection (e). |
|---|
| 64 | 64 | | (i) A county or municipality and county or municipal elected |
|---|
| 65 | 65 | | or appointed officials, employees, and agents are not liable for |
|---|
| 66 | 66 | | the regulation of or failure to regulate automated external |
|---|
| 67 | 67 | | defibrillators. |
|---|
| 68 | 68 | | (j) Unless authorized by statute, a state agency may not |
|---|
| 69 | 69 | | adopt or enforce a rule that requires the installation of automated |
|---|
| 70 | 70 | | external defibrillators in a structure subject to the agency's |
|---|
| 71 | 71 | | control. |
|---|
| 72 | 72 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|