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A BILL TO BE ENTITLED
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AN ACT
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relating to county and municipal regulation of automated external |
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defibrillators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 122, Health and Safety Code, is amended |
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by adding Section 122.009 to read as follows: |
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Sec. 122.009. COUNTY AND MUNICIPAL REGULATION OF AUTOMATED |
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EXTERNAL DEFIBRILLATORS. (a) In this section, "automated external |
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defibrillator" has the meaning assigned by Section 779.001. |
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(b) After public notice and hearing, a county or |
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municipality by order or ordinance may require automated external |
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defibrillators to be installed and maintained in structures subject |
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to county or municipal licensure or other regulation to provide |
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adequate emergency preparedness. The order or ordinance: |
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(1) may specify the structures subject to the |
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requirement and the minimum number and position of required |
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automated external defibrillators; |
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(2) may not apply to a health facility licensed under |
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Title 4 or a premises with an occupancy limit of 30 or fewer |
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persons; and |
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(3) may provide exceptions and a variance process to |
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ensure small businesses are not adversely impacted. |
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(c) The governing body of a municipality or the |
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commissioners court of a county shall consult with the county or |
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municipal fire marshal, the county or municipal fire chief, or |
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other local official with authority over emergency matters to |
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determine whether to require automated external defibrillators |
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under Subsection (b) and the structures subject to the requirement. |
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(d) A county order adopted under Subsection (b) does not |
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apply to structures within a municipality and the municipality's |
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extraterritorial jurisdiction if the municipality has adopted an |
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ordinance under Subsection (b). A municipal ordinance may apply to |
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structures within the municipality's extraterritorial |
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jurisdiction. |
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(e) A county or municipality: |
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(1) may inspect a structure subject to an order or |
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ordinance adopted under Subsection (b) to ensure compliance with |
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the order or ordinance; and |
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(2) may not impose application or inspection fees |
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related to an order or ordinance adopted under Subsection (b). |
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(f) Chapter 779 applies to automated external |
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defibrillators required under an order or ordinance adopted under |
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Subsection (b). |
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(g) A county or municipality and county or municipal elected |
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or appointed officials, employees, and agents are not liable for |
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the regulation of or failure to regulate automated external |
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defibrillators. |
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SECTION 2. This Act takes effect September 1, 2023. |