S.B. No. 865         AN ACT   relating to instruction in cardiopulmonary resuscitation and the   use of automated external defibrillators and to a cardiac emergency   response plan for certain school employees and volunteers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Landon Payton Act.          SECTION 2.  Sections 22.902(c) and (e), Education Code, are   amended to read as follows:          (c)  Each school nurse, assistant school nurse, athletic   coach or sponsor, physical education instructor, marching band   director, cheerleading coach, and any other school employee   specified by the commissioner and each student who serves as an   athletic trainer must participate in the instruction in   cardiopulmonary resuscitation and [in] the use of an automated   external defibrillator. A person described by this subsection must   receive and maintain certification in cardiopulmonary   resuscitation and the use of an automated external defibrillator   from the American Heart Association, the American Red Cross, or a   similar nationally recognized association.          (e)  A [This subsection applies only to a] private school   that receives an automated external defibrillator from the agency   or receives funding from the agency to purchase or lease an   automated external defibrillator or an open-enrollment charter   school[.  A private school] shall adopt a policy under which the   school makes available to school employees and volunteer nurses    [volunteers] instruction in the principles and techniques of   cardiopulmonary resuscitation and the use of an automated external   defibrillator. The policy must comply with the requirements   prescribed by this section and commissioner rules adopted under   this section, including the requirements prescribed by Subsection   (c).          SECTION 3.  Section 38.018, Education Code, is amended to   read as follows:          Sec. 38.018.  [PROCEDURES REGARDING RESPONSE TO] CARDIAC   EMERGENCY RESPONSE PLAN [ARREST]. (a) Each school district and   private school shall develop and implement a cardiac emergency   response plan that establishes safety procedures for a district or   school employee or other appropriate personnel [student] to follow   in responding to a medical emergency involving cardiac arrest on   district or school grounds[, including the appropriate response   time in administering cardiopulmonary resuscitation, using an   automated external defibrillator, as defined by Section 779.001,   Health and Safety Code, or calling a local emergency medical   services provider].          (b)  In developing the plan, the district or school shall:                (1)  work directly with local emergency services   providers to integrate the plan with the providers' protocols; and                (2)  incorporate evidence-based practices of a   nationally recognized, guidelines-based organization focused on   emergency cardiovascular care.          (c)  The plan must include at a minimum:                (1)  the establishment of a cardiac emergency response   team;                (2)  procedures for activating the cardiac emergency   response team in response to a medical emergency involving cardiac   arrest;                (3)  the dissemination of the plan throughout each   district or school campus;                (4)  ongoing training in first aid, cardiopulmonary   resuscitation, and the use of automated external defibrillators, as   defined by Section 779.001, Health and Safety Code, using   evidence-based guidelines, for appropriate district or school   employees, including school coaches, school nurses, and athletic   trainers;                (5)  annual practice drills in responding to a medical   emergency involving cardiac arrest; and                (6)  annual review, evaluation, and, if necessary,   modification of the plan.          (d)  A private school is required to develop a cardiac   emergency response plan [safety procedures] under this section only   if the school receives an automated external defibrillator from the   agency or receives funding from the agency to purchase or lease an   automated external defibrillator.          SECTION 4.  This Act applies beginning with the 2025-2026   school year.          SECTION 5.  Not later than the first instructional day of the   2027-2028 school year, each public school and private school to   which Section 38.018, Education Code, as amended by this Act,   applies shall implement a cardiac emergency response plan as   required by that section.          SECTION 6.  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 hereby certify that S.B. No. 865 passed the Senate on   May 7, 2025, by the following vote: Yeas 31, Nays 0; and that the   Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 865 passed the House, with   amendment, on May 28, 2025, by the following vote: Yeas 122,   Nays 17, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor