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89(R) HB 549 - Enrolled version - Bill Text
H.B. No. 549
AN ACT
relating to the availability and use of airway clearance devices at
public school campuses and to contracts for medication for
respiratory distress and training at public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Westyn Bryan
Mandrell Act.
SECTION 2. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0171 to read as follows:
Sec.
38.0171.
AVAILABILITY OF AIRWAY CLEARANCE DEVICE. (a)
In this section, "airway clearance device" means a noninvasive
device capable of removing or assisting with the removal of a
person's foreign-body airway obstruction.
(b)
Except as provided by Subsection (c), each school
district shall make available at each district campus at least one
airway clearance device appropriate for use on the majority of
students enrolled at the campus. In determining the location at
which to store the device, the principal of the campus shall
consider the primary location on campus where students consume
food.
(c)
A school district must comply with Subsection (b) with
respect to a district campus only if the district may obtain an
airway clearance device for the campus through:
(1)
donation of the device in the original packaging;
or
(2)
purchase or lease of the device using money
appropriated or donated to the district for that purpose.
(d)
Each school district shall ensure the presence at each
location at which an airway clearance device required under
Subsection (b) is stored of at least one campus or district employee
trained in the proper use of the device at any time a substantial
number of students are present at the location.
(e)
A school district shall ensure that each airway
clearance device is stored and used in accordance with the
manufacturer's specifications and any applicable law.
(f) This section does not:
(1)
waive any immunity from liability of a school
district or the district's officers or employees;
(2)
create any liability for or a cause of action
against a school district or the district's officers or employees;
or
(3)
waive any immunity from liability under Section
74.151, Civil Practice and Remedies Code.
(g)
A school district may solicit and accept gifts, grants,
or other donations to obtain airway clearance devices required
under this section.
SECTION 3. Subchapter E, Chapter 38, Education Code, is
amended by adding Section 38.2115 to read as follows:
Sec.
38.2115.
CONTRACTING FOR MEDICATION FOR RESPIRATORY
DISTRESS AND TRAINING. The board of trustees of a school district
or governing body of an open-enrollment charter school or private
school may contract with a vendor to provide:
(1)
medication for respiratory distress and related
equipment to the district or school; and
(2)
training to school personnel and school volunteers
authorized to administer medication for respiratory distress under
this subchapter.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 549 was passed by the House on May 13,
2025, by the following vote: Yeas 136, Nays 5, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 549 on May 30, 2025, by the following vote: Yeas 134, Nays 1, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 549 was passed by the Senate, with
amendments, on May 29, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor