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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation by municipalities and certain counties of |
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and certain prohibited state agency regulation of automated |
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external 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. REGULATION OF AUTOMATED EXTERNAL |
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DEFIBRILLATORS BY MUNICIPALITIES AND CERTAIN COUNTIES; PROHIBITED |
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STATE AGENCY REGULATION. (a) In this section, "automated external |
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defibrillator" has the meaning assigned by Section 779.001. |
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(b) This section applies only to: |
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(1) a county: |
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(A) with a population of more than 250,000; or |
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(B) adjacent to a county with a population of |
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more than 250,000; and |
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(2) each municipality. |
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(c) The purpose of this section is to provide certain |
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counties and all municipalities express authority to regulate |
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automated external defibrillators. |
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(d) The commissioners court of a county and the governing |
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body of a municipality shall consult with the county or municipal |
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fire marshal, the county or municipal fire chief, the county or |
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municipal emergency medical services provider, the county or |
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municipal health authority, or other local official with authority |
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over emergency matters to determine: |
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(1) whether to require automated external |
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defibrillators under Subsection (e); |
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(2) the structures or designated public events subject |
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to the requirement; and |
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(3) the minimum number and positioning of required |
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automated external defibrillators by structure type or event. |
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(e) 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 or at |
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designated public events subject to county or municipal licensure |
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or other regulation to provide adequate emergency preparedness. |
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The order or ordinance: |
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(1) may specify the structures or events subject to |
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the requirement and the minimum number and positioning of required |
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automated external defibrillators; |
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(2) may provide exceptions and a variance process; and |
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(3) may not apply to: |
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(A) a health facility licensed under Title 4; |
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(B) a state or federal governmental facility; or |
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(C) a premises with a maximum occupancy of less |
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than 30 individuals under applicable local laws. |
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(f) A county order adopted under Subsection (e) does not |
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apply to structures or events within a municipality that has |
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adopted an ordinance under Subsection (e). |
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(g) A county or municipality may inspect a structure or |
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event subject to an order or ordinance adopted under Subsection (e) |
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to ensure compliance with the order or ordinance. |
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(h) Chapter 779 applies to automated external |
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defibrillators required under an order or ordinance adopted under |
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Subsection (e). |
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(i) 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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(j) Unless authorized by statute, a state agency may not |
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adopt or enforce a rule that requires the installation of automated |
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external defibrillators in a structure subject to the agency's |
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control. |
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SECTION 2. This Act takes effect September 1, 2025. |