Texas AED Statue SB-199
Brief Outline of Texas AED SB-199
By: Nelson
Public Health
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The use of an automated external defibrillator can increase chances of survival in the event of
sudden cardiac arrest. In 1999, the legislature passed legislation that shields from liability
laypersons who use such devices at the scene of an emergency, which has led to widespread use
at gyms, malls, airports, and various businesses and has helped save countless lives. Certain
technological advancements have made these devices easier to use, and in many instances, the
rescuer is not an employee of a business providing access to the device, but rather a customer
or bystander. C.S.S.B. 199 seeks to provide certain liability exemptions regarding the use or
attempted use of, or the failure to use, an automated external defibrillator to a person or entity
that owns, occupies, manages, or is otherwise responsible for the designated location where the
defibrillator is placed and to repeal burdensome training requirements to better align training
with current technology. The bill also seeks to ensure that the defibrillator is regularly inspected
and maintained.
CRIMINAL JUSTICE IMPACT
It is the committee’s opinion that this bill does not expressly create a criminal offense, increase
the punishment for an existing criminal offense or category of offenses, or change the eligibility
of a person for community supervision, parole, or mandatory supervision.
RULE MAKING AUTHORITY
It is the committee’s opinion that this bill does not expressly grant any additional rulemaking
authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.S.B. 199 amends the Health and Safety Code to require a person or entity that owns or leases
an automated external defibrillator to conduct a monthly inspection to verify the defibrillator is
placed at its designated location, reasonably appears to be ready for use, and does not reasonably
appear to be damaged in a manner that could prevent operation.
C.S.S.B. 199 revises provisions exempting a person or entity from liability for civil damages
relating to the prescription, acquisition, or training in the use of an automated external
defibrillator by doing the following:
*exempts the following from liability for civil damages related to such prescription,
acquisition, or training or any use or attempted use of or the failure to use the defibrillator
unless the conduct is wilfully or wantonly negligent:
*a physician who prescribes or is otherwise involved in the acquisition of the
defibrillator; and
*any person or entity that provides training in the use of the defibrillator;
removes language making any person or entity that acquires such a defibrillator and
negligently fails to comply with the applicable requirements regarding the defibrillator
liable for civil damages caused by such negligence;
87R 26169 21.130.1419
Substitute Document Number: 87R 21263
* exempts the following from liability for civil damages related to the use or attempted
use of or the failure to use such a defibrillator unless the conduct is willfully or wantonly
negligent:
*any person or entity that acquires the defibrillator; and
*any person or entity that owns, occupies, manages, or is otherwise responsible
for the designated location where the defibrillator is placed; and
*establishes that immunity from such liability is in addition to any other immunity or
limitations of liability provided by other law and applies regardless of whether the person
who uses, attempts to use, or fails to use the defibrillator received training in the use of
the defibrillator.
C.S.S.B. 199 repeals provisions relating to guidelines for automated external defibrillator
training and amends the Education Code to reflect the repeal by revising the requirement for the
State Board for Educator Certification (SBEC) to adopt rules allowing an educator to receive
credit towards the educator’s continuing education requirements for completion of an
instructional course on the use of such a defibrillator that meets any guidelines approved by the
SBEC.
C.S.S.B. 199 repeals the following provisions:
Section 22.902(b), Education Code; and
Section 779.002, Health and Safety Code.
EFFECTIVE DATE
September 1, 2021.
COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 199 may differ from the engrossed in minor or nonsubstantive ways, the
following summarizes the substantial differences between the engrossed and committee
substitute versions of the bill.
The substitute does not include a requirement that appeared in the engrossed for a person or
entity that owns or leases an automated external defibrillator to ensure a licensed physician is
involved in the acquisition of the defibrillator.