Monitoring the Session

HB 549

Vasut Airway Clearance Bill Requires Devices Only If Someone Pays

Became law

Verdict: Smells

SmellsNeeds review
Rep. Cody VasutRHouse 25
Why it's charged
The hole

THE TEXT

…“respect to a district campus only if the district may obtain an”…

Bill text, introduced version (I)

The requirement binds a district only if the device is donated or bought with money appropriated or donated for that purpose. A district that receives no such gift or dedicated funding has no duty at all, so the advertised device at every campus is optional in that case.

The hole

Needs review · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the availability and use of airway clearance devices at public school campuses.

Caption from analyzed text · version I.

Summary

No donation or dedicated money, no duty. Districts and staff face no new liability either.

The bill requires each Texas public school district to keep at least one anti-choking airway clearance device at every campus, ideally near where students eat, with a trained staff member present when many students are around. The duty applies only when the district can get the device through a donation or through money appropriated or donated for that purpose. It also says the requirement creates no new liability or lawsuits against districts or staff, and it starts with the 2025-2026 school year.

Labels

Labels: BUZZER BEATER. Final vote May 30, 2025: the House concurred in the Senate amendments. 3 days before the session ended Jun 2, 2025.INSTANT LAW. Took effect immediately, on Jun 20, 2025. 833 of the 1,185 graded 89R laws took effect Sep 1, 2025 (derived from the bill histories, snapshot Oct 19, 2026).CROSS-PARTY HANDOFF. Lead author Cody Vasut (R) in the House. Lead sponsor Nathan Johnson (D) in the Senate. Party as the Legislative Reference Library lists it for the 89th Legislature.

Receipt

The receipt

89R-HB549 · 2024-11-12

SOLD BY

Rep. Cody VasutRHouse 25

+ 3 coauthors

ITEM

relating to the availability and use of airway clearance devices at public school campuses.

WHAT IT DOES

No donation or dedicated money, no duty. Districts and staff face no new liability either.

The bill requires each Texas public school district to keep at least one anti-choking airway clearance device at every campus, ideally near where students eat, with a trained staff member present when many students are around. The duty applies only when the district can get the device through a donation or through money appropriated or donated for that purpose. It also says the requirement creates no new liability or lawsuits against districts or staff, and it starts with the 2025-2026 school year.

CHARGES

[x] THE HOLEanalysis confidence 60%

THE TEXT

…“respect to a district campus only if the district may obtain an”…

Bill text, introduced version (I)

The requirement binds a district only if the device is donated or bought with money appropriated or donated for that purpose. A district that receives no such gift or dedicated funding has no duty at all, so the advertised device at every campus is optional in that case.

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 29, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Education
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
  14. Placed on General State Calendar
  15. Read 2nd time
  16. Passed to engrossment
  17. Record vote RV#2231
  18. Read 3rd time
  19. Amended 1-Vasut
  20. Passed as amended
  21. Record vote RV#2297
  22. Statement(s) of vote recorded in Journal
  23. Reported engrossed
  24. Received from the House
  25. Read first time
  26. Referred to Education K-16
  27. Co-sponsor authorized
  28. Scheduled for public hearing on . . .
  29. Considered in public hearing
  30. Vote taken in committee
  31. Reported favorably w/o amendments
  32. Recommended for local & uncontested calendar
  33. Committee report printed and distributed
  34. Placed on intent calendar
  35. Rules suspended-Intent Calendar
  36. Rules suspended-Regular order of business
  37. Read 2nd time
  38. Amendment(s) offered FA1 Johnson
  39. Amended
  40. Vote recorded in Journal
  41. Passed to 3rd reading as amended
  42. Vote recorded in Journal
  43. Three day rule suspended
  44. Record vote
  45. Read 3rd time
  46. Passed
  47. Record vote
  48. Senate passage as amended reported
  49. Senate Amendments distributed
  50. Senate Amendments Analysis distributed
  51. House concurs in Senate amendment(s)
  52. Record vote RV#4086
  53. Statement(s) of vote recorded in Journal
  54. Text of Senate Amendment(s)
  55. House concurs in Senate amendment(s)-reported
  56. Reported enrolled
  57. Signed in the House
  58. Signed in the Senate
  59. Sent to the Governor
  60. Signed by the Governor
  61. Effective immediately
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 136 yea · 5 nay

Senate · 31 yea · 0 nay

Sources

House: Final passage · May 13, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 29, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Cody Vasut

Donors

Texans for Lawsuit Reform PAC$40KTexas REALTORS Political Action Committee$13KTexas Food & Fuel Assn. - PAC$11K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 29, 2024 to Oct 19, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$40,000.00

Texans for Lawsuit Reform PAC

$40,000.00

Cash
$40,000.00
Paid by others
$0.00
Total
$40,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005740, 101033392, 101072869.

Texas REALTORS Political Action Committee$12,750.00

Texas REALTORS Political Action Committee

$12,750.00

Cash
$12,500.00
Paid by others
$250.00
Total
$12,750.00
advertising $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101005740, 101062767, 101072869.

Texas Food & Fuel Assn. - PAC$11,000.00

Texas Food & Fuel Assn. - PAC

$11,000.00

Cash
$11,000.00
Paid by others
$0.00
Total
$11,000.00

Also funds 65 other sitting lawmakers.

Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Jun 2, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101033392, 101062767.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$40,000.00

Cash
$40,000.00
Paid by others
$0.00
Total
$40,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005740, 101033392, 101072869.

×

Texas REALTORS Political Action Committee

$12,750.00

Cash
$12,500.00
Paid by others
$250.00
Total
$12,750.00
advertising $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101005740, 101062767, 101072869.

×

Texas Food & Fuel Assn. - PAC

$11,000.00

Cash
$11,000.00
Paid by others
$0.00
Total
$11,000.00

Also funds 65 other sitting lawmakers.

Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Jun 2, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101033392, 101062767.

Votes6

House May 30, 2025

Yea
134
Nay
1
Present, not voting
1
Absent
8
Excused
6
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 4086

Representative Vasut moved to concur in the senate amendments to HB 549. The motion to concur in the senate amendments to HB 549 prevailed by (Record 4086): 134 Yeas, 1 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 134 (published)
  • Nay: 1 (published)
  • Present, not voting: 1 (published)
  • Absent: 8 (derived from named list)
  • Excused: 6 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate May 29, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Johnson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 549 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0. The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 29, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Johnson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 549 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 29, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

HB 549 as amended was passed to third reading by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 13, 2025

Yea
136
Nay
5
Present, not voting
2
Absent
1
Excused
6
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2297

HB 549, as amended, was passed by (Record 2297): 136 Yeas, 5 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 136 (published)
  • Nay: 5 (published)
  • Present, not voting: 2 (published)
  • Absent: 1 (derived from named list)
  • Excused: 6 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 12, 2025

Yea
137
Nay
7
Present, not voting
1
Absent
0
Excused
5
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2231

HB 549 was passed to engrossment by (Record 2231): 137 Yeas, 7 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 137 (published)
  • Nay: 7 (published)
  • Present, not voting: 1 (published)
  • Absent: 0 (derived from named list)
  • Excused: 5 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses6
For
2
Against
1
On
3
Names

For

  • Self1 registration
  • Self; Westyn Mandrell Foundation1 registration

Against

  • Self; Texas School Nurses Organization1 registration

On

  • TEA1 registration
  • Texas Pediatric Society1 registration
  • Tx Education Agency1 registration
Sources

6 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 29, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Nov 12, 2024

06/20/2025 E Effective immediately

Texas Legislature Online · Introduced · House Committee Report · Engrossed · Senate Committee Report · Enrolled

Data snapshot Nov 1, 2026 at 3:08 PM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors
Richard HayesRHouse 57 Joanne ShofnerRHouse 11 Valoree SwansonRHouse 150
Sponsors
Nathan JohnsonDSenate 16
Cosponsors
Donna CampbellRSenate 25

House committee · Public Education · Committee vote 14 aye, 1 nay · Out of committee

Senate committee · Education K-16 · Committee vote 11 aye, 0 nay · Out of committee

Subjects

Civil Remedies & Liabilities

Education--Primary & Secondary--General

Education--Primary & Secondary--Other School Personnel

Education--School Districts

Minors--Health & Safety

MEDICINE & PRESCRIPTION DRUGS

STAFF DEVELOPMENT & TRAINING

Text

The text as introduced · 423 words

89R2296 RDR-F

By: Vasut
H.B. No. 549

A BILL TO BE ENTITLED

AN ACT

relating to the availability and use of airway clearance devices at

public school campuses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. 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.