BILL ANALYSIS
By: Gallego
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Sudden Cardiac Arrest (SCA) can happen to anyone at any time-without warning, and athletic club members are not immune. The need to recognize and react to sudden cardiac arrest is critical. The likelihood of successful resuscitation decreases by about 10% with every minute that passes. Automated External Defibrillators (AEDS) treat cardiac arrests before they become deadly, therefore it is essential that every athletic club in Texas carry one.
With the number of people who workout increasing, and the average age of athletic club visitors also increasing, the threat of cardiac arrest is greater now more than ever. CSHB 2026 will not only require each facility to have one, but also require an employee or volunteer trained on how to use an (AED) to be present during staffed business hours. By having access to defibrillators athletic club visitors will have a chance to be resuscitated in a timely manner.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
CSHB 2026 defines both an "automated
external defibrillator" and anan
“athletic club.," Itand
requires an athletic club to make an AED available at each facility or
location, and to make reasonable efforts that during staffed
business hours there is to have at
least one athletic club employee trained in the proper use of an AED during staffed
business hours. The bill establishes that an athletic club or
other person is not liable for civil damages arising from the use, attempted to
use, or failure to use an AED on the premises of an athletic club unless the
act is wilfulwilful,
or wanton, or constitutes gross negligence, and
this limitation on liability is not exclusive and a person may raise any other
defense to liability available under law.
EFFECTIVE DATE
September 1, 2008.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute amends the introduced by changing the
definition of an athletic club from enrolling at least 75 members to at least
125 members. In the introduced version, an athletic club is required to have
an employee trained in the use of an AED at each facility at all times, where in
the substitute, it is required to make reasonable efforts that during staffed
business hours there is at least one athletic club employee trained in the
proper use of an AED. Also, the substitute deletes language relating to civil
penalties, and instead exempts an athletic club or other persons from civil
liability under certain circumstances. The
limitation on liability provided by the section is
not exclusive, and a person may raise any
other defense to liability under the law. It further provides that
the added section of the bill related to
liability, applies only to a cause of
action that accrues on or after September 1, 2008, whereas a cause of
action accruing before that date is governed in effect at the
time of the act, and that law continues in effect for that purpose. .
The substitute changes the effective date from January 1, 2008 to September 1,
2008.