Bill Text: TX HB549 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: 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.
Sponsorship: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2025-06-20 - Effective immediately [HB549 Detail]
Download: Texas-2025-HB549-Enrolled.html
| H.B. No. 549 | ||
|
|
||
| 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 | ||
