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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of automated external defibrillators |
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at certain athletic clubs; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 779.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 779.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Automated [, "automated] external defibrillator" |
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means a heart monitor and defibrillator that: |
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(A) [(1)] has received approval from the United |
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States Food and Drug Administration of its premarket notification |
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filed under 21 U.S.C. Section 360(k), as amended; |
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(B) [(2)] is capable of recognizing the presence |
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or absence of ventricular fibrillation or rapid ventricular |
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tachycardia and is capable of determining, without interpretation |
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of cardiac rhythm by an operator, whether defibrillation should be |
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performed; and |
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(C) [(3)] on determining that defibrillation |
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should be performed, automatically charges and requests delivery of |
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an electrical impulse to an individual's heart. |
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(2) "Athletic club" means an entity that: |
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(A) provides sports or exercise equipment, |
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facilities, or instruction to its customers or members or to the |
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guests of its customers or members; and |
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(B) provides sports or exercise equipment, |
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facilities, or instruction to or has enrolled at least 125 |
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customers or members. |
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SECTION 2. Chapter 779, Health and Safety Code, is amended |
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by adding Section 779.009 to read as follows: |
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Sec. 779.009. ATHLETIC CLUBS; LIMITATION ON LIABILITY; |
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CIVIL PENALTY. (a) An athletic club shall make available at each |
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facility or location an automated external defibrillator. |
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(b) An athletic club shall make reasonable efforts to ensure |
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that at least one athletic club employee trained in the proper use |
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of an automated external defibrillator is present during staffed |
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business hours at each facility or location. |
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(c) An athletic club or other person is not liable for civil |
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damages arising from the use, attempt to use, or failure to use an |
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automated external defibrillator on the premises of an athletic |
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club unless the athletic club or person acts in a manner that is |
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wilful or wanton or constitutes gross negligence. The limitation |
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on liability provided by this subsection is not exclusive and a |
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person may raise any other defense to liability available under |
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law. |
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(d) An athletic club that violates Subsection (a) is subject |
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to a civil penalty that may not exceed $200 for the first violation. |
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An athletic club's failure to correct a violation under Subsection |
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(a) not later than 45 days after receiving notice of the first |
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violation constitutes a subsequent violation. |
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(e) Each subsequent violation of Subsection (a) is subject |
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to a civil penalty that may not exceed $500. Each day of a |
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subsequent violation constitutes a separate violation for purposes |
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of the penalty assessment. |
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(f) The attorney general or a district, county, or city |
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attorney may institute an action in district court to collect a |
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civil penalty from an athletic club that violates this section. The |
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party bringing the suit may recover reasonable expenses incurred in |
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obtaining the penalty, including investigation costs, reasonable |
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attorney's fees, witness fees, and deposition expenses. |
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(g) The court shall consider the following in determining |
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the amount of the penalty: |
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(1) the athletic club's history of any previous |
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violations under this section; |
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(2) the seriousness of the violation; |
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(3) any hazard posed to the public health and safety by |
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the violation; and |
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(4) demonstrations of good faith by the athletic club. |
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(h) Venue for a suit brought under this section is in the |
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municipality or county in which the violation occurred or in Travis |
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County. |
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(i) A civil penalty recovered in a suit instituted by a |
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local government under this section shall be paid to that local |
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government. |
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SECTION 3. Section 779.009(c), Health and Safety Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after September 1, 2010. A cause of action that accrued before |
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September 1, 2010, is governed by the law in effect at the time the |
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cause of action accrued, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2010. |