Relating to the availability and use of airway clearance devices at public school campuses and to contracts for medication for respiratory distress and training at public schools, the official text

H.B. No. 549

AN ACT

relating to the availability and use of airway clearance devices at

public school campuses and to contracts for medication for

respiratory distress and training at public schools.

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

SECTION 1. This Act may be cited as the Westyn Bryan

Mandrell Act.

SECTION 2. 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 3. Subchapter E, Chapter 38, Education Code, is

amended by adding Section 38.2115 to read as follows:

Sec. 38.2115. CONTRACTING FOR MEDICATION FOR RESPIRATORY

DISTRESS AND TRAINING. The board of trustees of a school district

or governing body of an open-enrollment charter school or private

school may contract with a vendor to provide:

(1) medication for respiratory distress and related

equipment to the district or school; and

(2) training to school personnel and school volunteers

authorized to administer medication for respiratory distress under

this subchapter.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. 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.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 549 was passed by the House on May 13,

2025, by the following vote: Yeas 136, Nays 5, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 549 on May 30, 2025, by the following vote: Yeas 134, Nays 1, 1

present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 549 was passed by the Senate, with

amendments, on May 29, 2025, by the following vote: Yeas 31, Nays

0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor