HB 549

relating to the availability and use of airway clearance devices at
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
(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;
(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.
(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;
(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
SECTION 2.  This Act applies beginning with the 2025-2026
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.