89th Legislature

HB 4685

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 4685 aims to enhance fire safety protocols in both public and private schools, including open-enrollment charter schools. The bill specifically focuses on integrating the inspection of Automated External Defibrillators (AEDs) into the routine fire safety inspections conducted at educational facilities.

The bill mandates that during any required fire safety inspection, each AED on a school campus must be examined to ensure it is operational. This includes verifying that the pads and batteries are not expired and that the device's status indicator confirms it is ready for use. A school representative is required to present the AEDs for inspection. The inspection findings must be documented in a written report, which is to be provided to the principal and superintendent in the case of public schools, or to the director in the case of private schools. The report must also include details on how, when, and to whom it was delivered, and a copy must be maintained at the campus, filed according to the year of inspection.

Additionally, the bill amends Section 419.029 of the Government Code to require that training curricula for fire protection personnel include instruction on how to conduct AED inspections in accordance with the new standards. This ensures that inspectors are properly trained to verify the operational readiness of life-saving equipment in school settings.

Overall, the bill enhances school emergency preparedness and public safety infrastructure without adding significant regulatory burden, aiming for a seamless integration of AED checks into existing fire safety procedures.

The Committee Substitute version of HB 4685 reflects several substantive changes from the originally filed version, primarily aimed at narrowing the bill’s scope and clarifying its implementation procedures. One of the most notable changes is the removal of a provision requiring inspections of vaccines and over-the-counter medications for expiration. The original bill mandated that fire safety inspections at public and private schools include a review of these medical supplies. However, the Committee Substitute eliminates this language entirely, limiting the inspection requirements solely to automated external defibrillators (AEDs). This change likely reflects a desire to keep the bill aligned with traditional fire safety protocols and avoid overlap with health agency responsibilities.

In addition to narrowing the scope, the substitute bill also strengthens the procedural framework for AED inspections. While the originally filed version required inspectors to notify school administrators of the inspection results, it did not specify which officials should receive the report or how the report should be maintained. The substitute version adds specificity by requiring written reports to be delivered to the principal and superintendent (for public schools) or the director (for private schools). It also mandates that the reports include the time, date, and method of delivery and be kept on file at the campus, organized by year.

Another key refinement in the substitute bill is the requirement that school representatives present each AED for inspection. This provision, absent from the original bill, ensures that inspectors can easily access and evaluate the devices without ambiguity. Additionally, the Committee Substitute adds more detailed guidance on what constitutes a "fully functional" AED, including the status of its pads, battery, and indicator light, providing clearer standards for compliance.

In sum, the Committee Substitute version of HB 4685 narrows the bill’s focus to fire-related safety equipment, enhances accountability through clearer reporting procedures, and ensures practical implementation through defined responsibilities. These changes reflect legislative intent to create a more focused, manageable, and enforceable statute.

Author
Jeff Leach
Christina Morales
Co-Author
Terri Leo-Wilson
Penny Morales Shaw
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4685 is not expected to have a significant fiscal impact on the State of Texas. The bill requires the Texas Commission on Fire Protection to update its training curriculum to include specific procedures for inspecting automated external defibrillators (AEDs) during school fire safety inspections. While the Commission may need to consult or contract with a medical professional during the rule development process, these activities are expected to be carried out within the agency’s existing budget and staffing resources.

For local governments, including school districts that would be subject to the updated AED inspection requirements, the fiscal note also anticipates no significant cost implications. Schools are already required to undergo fire safety inspections under various state and local regulations, and this bill simply adds specific AED functionality checks to the scope of those inspections. The minor administrative burden of presenting AEDs for inspection and filing reports is not expected to require new personnel or additional funding.

Overall, HB 4685 is designed to enhance student and campus safety through more thorough inspections without creating unfunded mandates or requiring new appropriations at the state or local level. The Legislative Budget Board’s analysis suggests that the bill is fiscally neutral and manageable within current operational frameworks.

Vote Recommendation Notes

HB 4685 reflects a focused and practical response to the need for increased medical readiness in Texas schools by incorporating automated external defibrillator (AED) functionality checks into routine fire safety inspections. The bill responds to concerns that traditional inspections have prioritized fire hazards while overlooking critical emergency medical equipment like AEDs, which are essential for responding to sudden cardiac arrest, a leading cause of death in youth athletics and school settings.

The bill is well-calibrated to address this gap without overextending state authority or introducing unnecessary regulatory burdens. The legislation amends the Government Code to require fire inspectors to verify that AEDs on school campuses are fully operational and that pads and batteries are not expired. It also mandates comprehensive documentation and communication of inspection results, ensuring transparency and accountability. These procedural requirements are straightforward and leverage existing inspection frameworks, avoiding the need for new agencies or regulatory schemes.

From a fiscal perspective, the Legislative Budget Board determined there would be no significant fiscal impact on the state or local governments. While the Texas Commission on Fire Protection may incur minor costs in updating training curriculum, potentially requiring consultation with medical professionals, these costs are expected to be absorbed using existing resources. Moreover, the bill does not create any criminal offenses or penalties, nor does it expand rulemaking authority, further supporting its narrow and targeted design.

In summary, this bill demonstrates a responsible and thoughtful legislative approach. It improves student safety, promotes interagency coordination, and supports life-saving emergency preparedness without expanding the scope of government or imposing significant financial burdens. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 4685.

  • Individual Liberty: The bill enhances individual liberty by improving campus safety through the mandated inspection of life-saving medical devices, automated external defibrillators (AEDs). By ensuring these devices are functional and readily available, the legislation helps protect the lives of students, staff, and visitors, especially in the event of sudden cardiac emergencies. The right to life and safety is foundational to liberty, and this bill takes a preventative step to protect it without infringing on personal freedoms.
  • Personal Responsibility: The bill reinforces personal responsibility by requiring school officials to take an active role in presenting AEDs during inspections and retaining reports for campus records. This provision encourages a culture of accountability within school systems, emphasizing the importance of being prepared for emergencies. It also ensures that school administrators remain directly involved in safeguarding student health, rather than deferring all responsibility to outside inspectors.
  • Free Enterprise: The bill has a neutral impact on free enterprise. It does not introduce new costs, regulations, or barriers to private businesses or private schools beyond what is already required under existing fire safety mandates. While it could lead to slightly increased demand for AED maintenance services, it does not distort the market or interfere with the operation of private businesses.
  • Private Property Rights: The bill respects private property rights. Although it applies to private schools, the requirement to inspect AEDs falls within the bounds of legitimate public safety oversight, similar to fire code compliance. It does not involve seizure, regulation of land use, or imposition on how property is developed or managed beyond ensuring the readiness of medical equipment on premises where children are under care.
  • Limited Government: The bill reflects the principle of limited government by working within existing fire inspection frameworks rather than creating new bureaucracies or mandates. It utilizes current personnel and procedures to add a narrowly defined safety check. Furthermore, the fiscal note confirms that no new state funding is required and that the Texas Commission on Fire Protection can absorb the implementation within existing resources.
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