S.B. No. 199

	AN ACT
	relating to automated external defibrillators.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 779.003, Health and Safety Code, is
	amended to read as follows:
	Sec. 779.003.  ACQUISITION, MAINTENANCE, AND INSPECTION OF
	AUTOMATED EXTERNAL DEFIBRILLATOR. A person or entity that owns or
	leases an automated external defibrillator shall:
	(1)  maintain and test the automated external
	defibrillator according to the manufacturer's guidelines; and
	(2)  conduct a monthly inspection to verify the
	automated external defibrillator:
	(A)  is placed at its designated location;
	(B)  reasonably appears to be ready for use; and
	(C)  does not reasonably appear to be damaged in a
	manner that could prevent operation.
	SECTION 2.  Section 779.006, Health and Safety Code, is
	amended to read as follows:
	Sec. 779.006.  LIABILITY EXEMPTION.  (a)  Unless the conduct
	is wilfully or wantonly negligent, a [The prescribing] physician
	who prescribes or is otherwise involved in [authorizes] the
	acquisition of an automated external defibrillator and any [in
	accordance with this chapter, a] person or entity that provides
	[approved] training in the use of an automated external
	defibrillator [in accordance with this chapter, and the person or
	entity that acquires the automated external defibrillator and meets
	the requirements of this chapter] are not liable for civil damages
	related to:
	(1)  the [for such] prescription, [training, or]
	acquisition, or training in the use of the automated external
	defibrillator; or
	(2)  any use or attempted use of or the failure to use
	the automated external defibrillator [unless the conduct is
	wilfully or wantonly negligent].
	(b)  Any person or entity that acquires an automated external
	defibrillator and any person or entity that owns, occupies,
	manages, or is otherwise responsible for the designated location
	where the automated external defibrillator is placed are not liable
	for civil damages related to the use or attempted use of or the
	failure to use the automated external defibrillator unless the
	conduct is wilfully or wantonly negligent [and negligently fails to
	comply with the requirements of this chapter is liable for civil
	damages caused by such negligence].
	(c)  The immunity provided by this section is in addition to
	any other immunity or limitations of liability provided by other
	law.
	(d)  The immunity described by this section applies
	regardless of whether the person who uses, attempts to use, or fails
	to use the automated external defibrillator received training in
	the use of an automated external defibrillator.
	SECTION 3.  Section 21.0541, Education Code, is amended to
	read as follows:
	Sec. 21.0541.  CONTINUING EDUCATION CREDIT FOR INSTRUCTION
	RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board
	shall adopt rules allowing an educator to receive credit towards
	the educator's continuing education requirements for completion of
	an instructional course on the use of an automated external
	defibrillator that meets any [the] guidelines for automated
	external defibrillator training approved by the board [under
	Section 779.002, Health and Safety Code].
	SECTION 4.  The following provisions are repealed:
	(1)  Section 22.902(b), Education Code; and
	(2)  Section 779.002, Health and Safety Code.
	SECTION 5.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 199 passed the Senate on
	April 9, 2021, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 27, 2021, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 199 passed the House, with
	amendment, on May 23, 2021, by the following vote: Yeas 131,
	Nays 14, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor