88R12545 AMF-D
 
  By: VanDeaver H.B. No. 4375
 
 
 
A BILL TO BE ENTITLED
 
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.  Section 28.0023, Education Code, is amended by
  amending Subsections (b), (c), (e), and (g) and adding Subsection
  (h) 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.
         (h)  From funds appropriated or otherwise available for the
  purpose, the commissioner shall develop and award grants to school
  districts and open-enrollment charter schools to assist the
  district or school in providing the instruction required by this
  section.
         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.