Bill Text: TX HB496 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to traumatic injury response protocol and the use of bleeding control stations in public schools.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2019-06-15 - Effective immediately [HB496 Detail]

Download: Texas-2019-HB496-Comm_Sub.html

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By: Gervin-Hawkins, Bernal, Allison H.B. No. 496
(Senate Sponsor - Lucio)
(In the Senate - Received from the House May 13, 2019;
May 14, 2019, read first time and referred to Committee on
Education; May 17, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 2;
May 17, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 496 By: Lucio

A BILL TO BE ENTITLED
AN ACT
relating to traumatic injury response protocol and the use of
bleeding control kits in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.030 to read as follows:
Sec. 38.030. TRAUMATIC INJURY RESPONSE PROTOCOL. (a) A
school district or open-enrollment charter school shall develop and
annually make available a protocol for school employees and
volunteers to follow in the event of a traumatic injury.
(b) The protocol required under this section must provide
for a school district or open-enrollment charter school to maintain
and make available to school employees and volunteers a bleeding
control kit for use in the event of a traumatic injury involving
blood loss.
(c) A bleeding control kit required under this section must
be a first aid response kit that includes:
(1) a tourniquet approved for use in battlefield
trauma care by the armed forces of the United States;
(2) compression bandages;
(3) bleeding control bandages;
(4) protective gloves;
(5) markers;
(6) scissors; and
(7) instructional documents developed by the American
College of Surgeons or the United States Department of Homeland
Security detailing methods to prevent blood loss following a
traumatic event.
(d) In addition to the items listed under Subsection (c), a
school district or open-enrollment charter school may also include
in a bleeding control kit any medical material or equipment that:
(1) may be readily stored in a bleeding control kit;
(2) may be used to adequately treat an injury
involving traumatic blood loss; and
(3) is approved by local law enforcement or emergency
medical services personnel.
(e) The good faith use of a bleeding control kit by a school
district or open-enrollment charter school employee to control the
bleeding of an injured person is incident to or within the scope of
the duties of the employee's position of employment and involves
the exercise of judgment or discretion on the part of the employee
for purposes of Section 22.0511, and a school district or
open-enrollment charter school and the employees of the district or
school are immune from civil liability, as provided by that
section, from damages or injuries resulting from that good faith
use of a bleeding control kit. A school district or open-enrollment
charter school volunteer is immune from civil liability from
damages or injuries resulting from the good faith use of a bleeding
control kit to the same extent as a professional employee of the
district or school, as provided by Section 22.053.
(f) Nothing in this section limits the immunity from
liability of a school district, open-enrollment charter school, or
district or school employee or volunteer under:
(1) Sections 22.0511 and 22.053;
(2) Section 101.051, Civil Practice and Remedies Code;
or
(3) any other applicable law.
(g) This section does not create a cause of action against a
school district or open-enrollment charter school or the employees
or volunteers of the district or school.
SECTION 2. As soon as practicable after the effective date
of this Act, and not later than January 1, 2020, each school
district and open-enrollment charter school shall develop and
implement the traumatic injury response protocol required by
Section 38.030, Education Code, as added by this Act.
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, 2019.
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