Bill Text: TX SB1304 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to county and municipal regulation of automated external defibrillators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Local Government [SB1304 Detail]
Download: Texas-2023-SB1304-Introduced.html
| 88R10948 LRM-D | ||
| By: LaMantia | S.B. No. 1304 | |
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| relating to county and municipal regulation of automated external | ||
| defibrillators. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 122, Health and Safety Code, is amended | ||
| by adding Section 122.009 to read as follows: | ||
| Sec. 122.009. COUNTY AND MUNICIPAL REGULATION OF AUTOMATED | ||
| EXTERNAL DEFIBRILLATORS. (a) In this section, "automated external | ||
| defibrillator" has the meaning assigned by Section 779.001. | ||
| (b) After public notice and hearing, a county or | ||
| municipality by order or ordinance may require automated external | ||
| defibrillators to be installed and maintained in structures subject | ||
| to county or municipal licensure or other regulation to provide | ||
| adequate emergency preparedness. The order or ordinance: | ||
| (1) may specify the structures subject to the | ||
| requirement and the minimum number and position of required | ||
| automated external defibrillators; | ||
| (2) may not apply to a health facility licensed under | ||
| Title 4 or a premises with an occupancy limit of 30 or fewer | ||
| persons; and | ||
| (3) may provide exceptions and a variance process to | ||
| ensure small businesses are not adversely impacted. | ||
| (c) The governing body of a municipality or the | ||
| commissioners court of a county shall consult with the county or | ||
| municipal fire marshal, the county or municipal fire chief, or | ||
| other local official with authority over emergency matters to | ||
| determine whether to require automated external defibrillators | ||
| under Subsection (b) and the structures subject to the requirement. | ||
| (d) A county order adopted under Subsection (b) does not | ||
| apply to structures within a municipality and the municipality's | ||
| extraterritorial jurisdiction if the municipality has adopted an | ||
| ordinance under Subsection (b). A municipal ordinance may apply to | ||
| structures within the municipality's extraterritorial | ||
| jurisdiction. | ||
| (e) A county or municipality: | ||
| (1) may inspect a structure subject to an order or | ||
| ordinance adopted under Subsection (b) to ensure compliance with | ||
| the order or ordinance; and | ||
| (2) may not impose application or inspection fees | ||
| related to an order or ordinance adopted under Subsection (b). | ||
| (f) Chapter 779 applies to automated external | ||
| defibrillators required under an order or ordinance adopted under | ||
| Subsection (b). | ||
| (g) A county or municipality and county or municipal elected | ||
| or appointed officials, employees, and agents are not liable for | ||
| the regulation of or failure to regulate automated external | ||
| defibrillators. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
