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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability and use of airway clearance devices at |
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public school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0171 to read as follows: |
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Sec. 38.0171. AVAILABILITY OF AIRWAY CLEARANCE DEVICE. (a) |
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In this section, "airway clearance device" means a noninvasive |
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device capable of removing or assisting with the removal of a |
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person's foreign-body airway obstruction. |
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(b) Except as provided by Subsection (c), each school |
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district shall make available at each district campus at least one |
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airway clearance device appropriate for use on the majority of |
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students enrolled at the campus. In determining the location at |
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which to store the device, the principal of the campus shall |
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consider the primary location on campus where students consume |
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food. |
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(c) A school district must comply with Subsection (b) with |
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respect to a district campus only if the district may obtain an |
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airway clearance device for the campus through: |
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(1) donation of the device in the original packaging; |
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or |
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(2) purchase or lease of the device using money |
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appropriated or donated to the district for that purpose. |
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(d) Each school district shall ensure the presence at each |
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location at which an airway clearance device required under |
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Subsection (b) is stored of at least one campus or district employee |
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trained in the proper use of the device at any time a substantial |
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number of students are present at the location. |
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(e) A school district shall ensure that each airway |
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clearance device is stored and used in accordance with the |
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manufacturer's specifications and any applicable law. |
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(f) This section does not: |
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(1) waive any immunity from liability of a school |
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district or the district's officers or employees; |
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(2) create any liability for or a cause of action |
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against a school district or the district's officers or employees; |
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or |
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(3) waive any immunity from liability under Section |
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74.151, Civil Practice and Remedies Code. |
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(g) A school district may solicit and accept gifts, grants, |
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or other donations to obtain airway clearance devices required |
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under this section. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 3. 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, 2025. |