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AN ACT
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relating to instruction in cardiopulmonary resuscitation, the |
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availability and use of automated external defibrillators at |
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certain school campuses and athletic events, and the creation of a |
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cardiovascular screening pilot program. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 5.001, Education Code, is amended by |
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adding Subdivision (6-a) to read as follows: |
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�������������(6-a)��"Private school" means a school that: |
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�������������������(A)��offers a course of instruction for students |
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in one or more grades from prekindergarten through grade 12; and |
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�������������������(B)��is not operated by a governmental entity. |
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�������SECTION�2.��Subsection (a), Section 7.026, Education Code, |
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is amended to read as follows: |
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�������(a)��The agency may accept donations, including donations of |
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equipment, for use in providing cardiopulmonary resuscitation |
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(CPR) instruction to students. The agency: |
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�������������(1)��shall distribute the donations to school districts |
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for the purpose of providing [that provide] CPR instruction to |
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students under Sections 28.0023 and [Section] 29.903; and |
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�������������(2)��may use a portion of the donations to the extent |
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necessary to pay administrative expenses related to the donations. |
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�������SECTION�3.��Subchapter Z, Chapter 22, Education Code, is |
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amended by adding Section 22.902 to read as follows: |
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�������Sec.�22.902.��INSTRUCTION RELATED TO CARDIOPULMONARY |
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RESUSCITATION AND USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. (a)��A |
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school district shall annually make available to district employees |
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and volunteers instruction in the principles and techniques of |
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cardiopulmonary resuscitation and the use of an automated external |
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defibrillator, as defined by Section 779.001, Health and Safety |
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Code. |
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�������(b)��The instruction provided in the use of an automated |
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external defibrillator must meet guidelines for automated external |
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defibrillator training approved under Section 779.002, Health and |
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Safety Code. |
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�������(c)��Each school nurse, assistant school nurse, athletic |
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coach or sponsor, physical education instructor, marching band |
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director, cheerleading coach, and any other school employee |
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specified by the commissioner and each student who serves as an |
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athletic trainer must participate in the instruction in the use of |
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an automated external defibrillator. A person described by this |
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subsection must receive and maintain certification in the use of an |
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automated external defibrillator from the American Heart |
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Association, the American Red Cross, or a similar nationally |
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recognized association. |
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�������(d)��The commissioner shall adopt rules as necessary to |
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implement this section. |
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�������(e)��This subsection applies only to a private school that |
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receives an automated external defibrillator from the agency or |
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receives funding from the agency to purchase or lease an automated |
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external defibrillator. �A private school shall adopt a policy |
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under which the school makes available to school employees and |
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volunteers instruction in the principles and techniques of |
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cardiopulmonary resuscitation and the use of an automated external |
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defibrillator. The policy must comply with the requirements |
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prescribed by this section and commissioner rules adopted under |
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this section, including the requirements prescribed by Subsection |
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(c). |
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�������SECTION�4.��Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.0023 to read as follows: |
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�������Sec.�28.0023.��CARDIOPULMONARY RESUSCITATION AND AUTOMATED |
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EXTERNAL DEFIBRILLATOR INSTRUCTION. (a)��In this section, |
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"automated external defibrillator"�has the meaning assigned by |
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Section 779.001, Health and Safety Code. |
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�������(b)��The State Board of Education by rule shall include |
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elements relating to instruction in cardiopulmonary resuscitation |
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and the use of an automated external defibrillator as part of the |
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essential knowledge and skills of the health curriculum under |
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Section 28.002(a)(2)(B). |
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�������(c)��This subsection applies only to a private school that |
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receives an automated external defibrillator from the agency or |
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receives funding from the agency to purchase or lease an automated |
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external defibrillator. �A private school shall provide instruction |
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to students in cardiopulmonary resuscitation and the use of an |
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automated external defibrillator in a manner consistent with the |
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requirements of this section and State Board of Education rules |
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adopted under this section. |
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�������SECTION�5.��Subsection (a), Section 29.903, Education Code, |
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is amended to read as follows: |
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�������(a)��A school district [that provides instruction to
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students in the principles and techniques of cardiopulmonary
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resuscitation (CPR)] may accept from the agency donations the |
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agency receives under Section 7.026 for[. The district must] use |
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[those donations] in providing instruction to students in the |
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principles and techniques of CPR. �A district may accept other |
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donations, including donations of equipment, for use in providing |
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the instruction. |
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�������SECTION�6.��Subchapter A, Chapter 38, Education Code, is |
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amended by adding Sections 38.017, 38.018, and 38.019 to read as |
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follows: |
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�������Sec.�38.017.��AVAILABILITY OF AUTOMATED EXTERNAL |
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DEFIBRILLATOR. (a)��Each school district shall make available at |
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each campus in the district at least one automated external |
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defibrillator, as defined by Section 779.001, Health and Safety |
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Code. �A campus defibrillator must be readily available during any |
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University Interscholastic League athletic competition held on the |
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campus. �In determining the location at which to store a campus |
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defibrillator, the principal of the campus shall consider the |
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primary location on campus where students engage in athletic |
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activities. |
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�������(b)��To the extent practicable, each school district, in |
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cooperation with the University Interscholastic League, shall make |
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reasonable efforts to ensure that an automated external |
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defibrillator is available at each University Interscholastic |
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League athletic practice held at a district campus. If a school |
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district is not able to make an automated external defibrillator |
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available in the manner provided by this subsection, the district |
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shall determine the extent to which an automated external |
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defibrillator must be available at each University Interscholastic |
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League athletic practice held at a district campus. The |
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determination must be based, in addition to any other appropriate |
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considerations, on relevant medical information. |
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�������(c)��Each school district, in cooperation with the |
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University Interscholastic League, shall determine the extent to |
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which an automated external defibrillator must be available at each |
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University Interscholastic League athletic competition held at a |
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location other than a district campus. The determination must be |
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based, in addition to any other appropriate considerations, on |
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relevant medical information and whether emergency services |
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personnel are present at the athletic competition under a contract |
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with the school district. |
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�������(d)��Each school district shall ensure the presence at each |
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location at which an automated external defibrillator is required |
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under Subsection (a), (b), or (c) of at least one campus or district |
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employee trained in the proper use of the defibrillator at any time |
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a substantial number of district students are present at the |
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location. |
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�������(e)��A school district shall ensure that an automated |
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external defibrillator is used and maintained in accordance with |
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standards established under Chapter 779, Health and Safety Code. |
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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 its 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 its officers or employees; 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)��This subsection applies only to a private school that |
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receives an automated external defibrillator from the agency or |
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receives funding from the agency to purchase or lease an automated |
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external defibrillator. �A private school shall: |
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�������������(1)��make available at the school at least one |
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automated external defibrillator; and |
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�������������(2)��in coordination with the Texas Association of |
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Private and Parochial Schools, adopt a policy concerning the |
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availability of an automated external defibrillator at athletic |
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competitions and practices in a manner consistent with the |
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requirements prescribed by this section, including the training and |
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maintenance requirements prescribed by this section. |
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�������(h)��A school district may seek and accept gifts, grants, or |
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other donations to pay the district's cost of purchasing automated |
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external defibrillators required under this section. |
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�������Sec.�38.018.��PROCEDURES REGARDING RESPONSE TO CARDIAC |
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ARREST. (a)��Each school district and private school shall develop |
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safety procedures for a district or school employee or student to |
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follow in responding to a medical emergency involving cardiac |
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arrest, including the appropriate response time in administering |
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cardiopulmonary resuscitation, using an automated external |
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defibrillator, as defined by Section 779.001, Health and Safety |
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Code, or calling a local emergency medical services provider. |
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�������(b)��A private school is required to develop safety |
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procedures under this section only if the school receives an |
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automated external defibrillator from the agency or receives |
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funding from the agency to purchase or lease an automated external |
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defibrillator. |
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�������Sec.�38.019.��CARDIOVASCULAR SCREENING PILOT PROGRAM. |
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(a)��In this section, "pilot program" means the cardiovascular |
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screening pilot program. |
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�������(b)��The commissioner shall establish a pilot program under |
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which sixth grade students at participating campuses are |
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administered a cardiovascular screening, including an |
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electrocardiogram and an echocardiogram. |
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�������(c)��The commissioner shall select campuses to participate |
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in the pilot program. In selecting campuses, the commissioner |
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shall ensure that the cardiovascular screening is administered to |
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an ethnically diverse range of students. |
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�������(d)��The commissioner may accept grants and donations for use |
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in administering the pilot program. |
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�������(e)��The commissioner shall require a participating campus |
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to provide the results of a student's cardiovascular screening to |
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the student's parent or guardian. |
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�������(f)��Each campus selected to participate in the pilot program |
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shall provide a summary of the results of the cardiovascular |
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screenings to the commissioner in a manner that does not identify |
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specific students. Not later than January 1, 2009, the |
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commissioner shall prepare and deliver to each member of the |
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legislature a report summarizing the results of the cardiovascular |
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screenings. This subsection expires June 1, 2009. |
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�������(g)��The commissioner may adopt rules necessary to |
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administer this section. |
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�������SECTION�7.��Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.047 to read as follows: |
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�������Sec.�44.047.��PURCHASE OR LEASE OF AUTOMATED EXTERNAL |
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DEFIBRILLATOR. (a)��A school district or private school that |
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purchases or leases an automated external defibrillator, as defined |
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by Section 779.001, Health and Safety Code, shall ensure that the |
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automated external defibrillator meets standards established by |
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the federal Food and Drug Administration. |
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�������(b)��A private school that purchases or leases an automated |
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external defibrillator is required to comply with the requirements |
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of this section only if the school receives funding from the agency |
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to purchase or lease the automated external defibrillator. |
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�������SECTION�8.��Subsection (b), Section 29.903, Education Code, |
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is repealed. |
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�������SECTION�9.��(a)��Except as otherwise provided by this Act, |
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this Act applies beginning with the 2007-2008 school year. |
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�������(b)��The State Board of Education shall adopt rules relating |
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to instruction in cardiopulmonary resuscitation and the use of an |
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automated external defibrillator in accordance with Section |
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28.0023, Education Code, as added by this Act, not later than March |
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1, 2008. �The rules shall require each school district and |
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open-enrollment charter school to provide instruction in |
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cardiopulmonary resuscitation and the use of an automated external |
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defibrillator beginning with the 2008-2009 school year. |
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�������(c)��Each private school to which Subsection (c), Section |
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28.0023, Education Code, as added by this Act, applies shall |
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provide instruction in cardiopulmonary resuscitation and the use of |
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an automated external defibrillator as required by that section |
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beginning with the 2008-2009 school year. |
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�������(d)��The State Board of Education is not required to review |
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and adopt textbooks for the health curriculum to comply with the |
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requirements of Section 28.0023, Education Code, as added by this |
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Act, until those textbooks are otherwise scheduled for review and |
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adoption under the cycle adopted under Section 31.022, Education |
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Code. |
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�������SECTION�10.��This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�7 passed the Senate on |
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March�19,�2007, by the following vote: Yeas�29, Nays�0; and that |
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the Senate concurred in House amendments on May�24,�2007, by the |
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following vote: Yeas�30, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�7 passed the House, with |
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amendments, on May�22,�2007, by the following vote: Yeas�148, |
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Nays�0, one present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |