Cook Bill Lets Cities Require Defibrillators At Events And Buildings

The text as introduced · 499 words

89R3712 LRM-D

By: Cook
S.B. No. 2262

A BILL TO BE ENTITLED

AN ACT

relating to regulation by municipalities and certain counties of

and certain prohibited state agency 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. REGULATION OF AUTOMATED EXTERNAL

DEFIBRILLATORS BY MUNICIPALITIES AND CERTAIN COUNTIES; PROHIBITED

STATE AGENCY REGULATION. (a) In this section, "automated external

defibrillator" has the meaning assigned by Section 779.001.

(b) This section applies only to:

(1) a county:

(A) with a population of more than 250,000; or

(B) adjacent to a county with a population of

more than 250,000; and

(2) each municipality.

(c) The purpose of this section is to provide certain

counties and all municipalities express authority to regulate

automated external defibrillators.

(d) The commissioners court of a county and the governing

body of a municipality shall consult with the county or municipal

fire marshal, the county or municipal fire chief, the county or

municipal emergency medical services provider, the county or

municipal health authority, or other local official with authority

over emergency matters to determine:

(1) whether to require automated external

defibrillators under Subsection (e);

(2) the structures or designated public events subject

to the requirement; and

(3) the minimum number and positioning of required

automated external defibrillators by structure type or event.

(e) 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 or at

designated public events subject to county or municipal licensure

or other regulation to provide adequate emergency preparedness.

The order or ordinance:

(1) may specify the structures or events subject to

the requirement and the minimum number and positioning of required

automated external defibrillators;

(2) may provide exceptions and a variance process; and

(3) may not apply to:

(A) a health facility licensed under Title 4;

(B) a state or federal governmental facility; or

(C) a premises with a maximum occupancy of less

than 30 individuals under applicable local laws.

(f) A county order adopted under Subsection (e) does not

apply to structures or events within a municipality that has

adopted an ordinance under Subsection (e).

(g) A county or municipality may inspect a structure or

event subject to an order or ordinance adopted under Subsection (e)

to ensure compliance with the order or ordinance.

(h) Chapter 779 applies to automated external

defibrillators required under an order or ordinance adopted under

Subsection (e).

(i) 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.

(j) Unless authorized by statute, a state agency may not

adopt or enforce a rule that requires the installation of automated

external defibrillators in a structure subject to the agency's

control.

SECTION 2. This Act takes effect September 1, 2025.