HB549 - 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.

      H.B. No. 549         AN ACT   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