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AN ACT
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relating to instruction in cardiopulmonary resuscitation and the |
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use of an automated external defibrillator in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 7.026, Education Code, is |
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amended to read as follows: |
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Sec. 7.026. DONATIONS FOR USE RELATED TO CARDIOPULMONARY |
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RESUSCITATION (CPR) AND AUTOMATED EXTERNAL DEFIBRILLATOR (AED) |
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INSTRUCTION. |
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SECTION 2. Section 7.026(a), Education Code, is amended to |
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read as follows: |
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(a) The agency may accept donations, including donations of |
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equipment, for use in providing instruction in cardiopulmonary |
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resuscitation (CPR) and the use of an automated external |
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defibrillator (AED) [instruction] to students. The agency: |
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(1) shall distribute the donations to school districts |
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for the purpose of providing CPR and AED instruction to students |
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under Sections 28.0023 and 29.903; and |
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(2) may use a portion of the donations to the extent |
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necessary to pay administrative expenses related to the donations. |
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SECTION 3. Sections 28.0023(b), (c), (e), and (g), |
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Education Code, are amended to read as follows: |
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(b) The State Board of Education by rule shall require |
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instruction in cardiopulmonary resuscitation and the use of an |
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automated external defibrillator, for students in grades 7 through |
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12. |
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(c) A school district or open-enrollment charter school |
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shall provide instruction to students in grades 7 through 12 in |
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cardiopulmonary resuscitation and the use of an automated external |
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defibrillator in a manner consistent with the requirements of this |
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section and State Board of Education rules adopted under this |
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section. The instruction may be provided as a part of any course. A |
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student shall receive the instruction at least once before |
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graduation. |
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(e) Cardiopulmonary resuscitation instruction must include |
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training in cardiopulmonary resuscitation techniques and the use of |
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an automated external defibrillator that has been developed: |
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(1) by the American Heart Association or the American |
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Red Cross; or |
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(2) using nationally recognized, evidence-based |
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guidelines for emergency cardiovascular care and incorporating |
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psychomotor skills to support the instruction. |
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(g) A school district or open-enrollment charter school may |
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use emergency medical technicians, paramedics, police officers, |
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firefighters, representatives of the American Heart Association or |
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the American Red Cross, teachers, other school employees, or other |
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similarly qualified individuals to provide instruction and |
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training under this section. Instruction provided under this |
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section is not required to result in certification in |
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cardiopulmonary resuscitation or the use of an automated external |
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defibrillator. If instruction is intended to result in |
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certification in cardiopulmonary resuscitation or the use of an |
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automated external defibrillator, the course instructor must be |
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authorized to provide the instruction by the American Heart |
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Association, the American Red Cross, or a similar nationally |
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recognized association. |
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SECTION 4. The heading to Section 29.903, Education Code, |
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is amended to read as follows: |
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Sec. 29.903. CARDIOPULMONARY RESUSCITATION (CPR) AND |
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AUTOMATED EXTERNAL DEFIBRILLATOR (AED) INSTRUCTION; DONATIONS TO |
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SCHOOL DISTRICTS FOR USE IN CPR AND AED INSTRUCTION. |
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SECTION 5. Sections 29.903(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) A school district may accept from the agency donations |
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the agency receives under Section 7.026 for use in providing |
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instruction to students in the principles and techniques of CPR and |
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the use of an AED. A district may accept other donations, |
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including donations of equipment, for use in providing the |
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instruction. |
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(c) A district may use resources other than those made |
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available under Section 7.026 or this section to provide |
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instruction to students in the principles and techniques of CPR and |
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the use of an AED. |
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SECTION 6. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4375 was passed by the House on May 2, |
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2023, by the following vote: Yeas 138, Nays 6, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4375 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |