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89(R) SB 865 - Enrolled version - Bill Text
S.B. No. 865
AN ACT
relating to instruction in cardiopulmonary resuscitation and the
use of automated external defibrillators and to a cardiac emergency
response plan for certain school employees and volunteers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Landon Payton Act.
SECTION 2. Sections 22.902(c) and (e), Education Code, are
amended to read as follows:
(c) Each school nurse, assistant school nurse, athletic
coach or sponsor, physical education instructor, marching band
director, cheerleading coach, and any other school employee
specified by the commissioner and each student who serves as an
athletic trainer must participate in the instruction
in
cardiopulmonary resuscitation and
[
in
] the use of an automated
external defibrillator. A person described by this subsection must
receive and maintain certification in
cardiopulmonary
resuscitation and
the use of an automated external defibrillator
from the American Heart Association, the American Red Cross, or a
similar nationally recognized association.
(e)
A
[
This subsection applies only to a
] private school
that receives an automated external defibrillator from the agency
or receives funding from the agency to purchase or lease an
automated external defibrillator
or an open-enrollment charter
school
[
. A private school
] shall adopt a policy under which the
school makes available to school employees and
volunteer nurses
[
volunteers
] instruction in the principles and techniques of
cardiopulmonary resuscitation and the use of an automated external
defibrillator. The policy must comply with the requirements
prescribed by this section and commissioner rules adopted under
this section, including the requirements prescribed by Subsection
(c).
SECTION 3. Section 38.018, Education Code, is amended to
read as follows:
Sec. 38.018. [
PROCEDURES REGARDING RESPONSE TO
] CARDIAC
EMERGENCY RESPONSE PLAN
[
ARREST
]. (a) Each school district and
private school shall develop
and implement a cardiac emergency
response plan that establishes
safety procedures for a district or
school employee or
other appropriate personnel
[
student
] to follow
in responding to a medical emergency involving cardiac arrest
on
district or school grounds
[
, including the appropriate response
time in administering cardiopulmonary resuscitation, using an
automated external defibrillator, as defined by Section 779.001,
Health and Safety Code, or calling a local emergency medical
services provider
].
(b)
In developing the plan, the district or school shall:
(1)
work directly with local emergency services
providers to integrate the plan with the providers' protocols; and
(2)
incorporate evidence-based practices of a
nationally recognized, guidelines-based organization focused on
emergency cardiovascular care.
(c) The plan must include at a minimum:
(1)
the establishment of a cardiac emergency response
team;
(2)
procedures for activating the cardiac emergency
response team in response to a medical emergency involving cardiac
arrest;
(3)
the dissemination of the plan throughout each
district or school campus;
(4)
ongoing training in first aid, cardiopulmonary
resuscitation, and the use of automated external defibrillators, as
defined by Section 779.001, Health and Safety Code, using
evidence-based guidelines, for appropriate district or school
employees, including school coaches, school nurses, and athletic
trainers;
(5)
annual practice drills in responding to a medical
emergency involving cardiac arrest; and
(6)
annual review, evaluation, and, if necessary,
modification of the plan.
(d)
A private school is required to develop
a cardiac
emergency response plan
[
safety procedures
] under this section only
if the school receives an automated external defibrillator from the
agency or receives funding from the agency to purchase or lease an
automated external defibrillator.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. Not later than the first instructional day of the
2027-2028 school year, each public school and private school to
which Section 38.018, Education Code, as amended by this Act,
applies shall implement a cardiac emergency response plan as
required by that section.
SECTION 6. 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 hereby certify that S.B. No. 865 passed the Senate on
May 7, 2025, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 30, 2025, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 865 passed the House, with
amendment, on May 28, 2025, by the following vote: Yeas 122,
Nays 17, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor