88R5836 AMF-D     By: Hinojosa H.B. No. 2261       A BILL TO BE ENTITLED   AN ACT   relating to the maintenance of anaphylaxis medicine by a public   school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.0151, Education Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  The guidelines described by Subsection (a) may not:                (1)  require a school district or open-enrollment   charter school to make any [purchase prescription anaphylaxis   medication, such as epinephrine, or require any other] expenditure   that would result in a negative fiscal impact on the district or   charter school, other than an expenditure necessary to satisfy   Subsection (c-1); or                (2)  require the personnel of a district or charter   school to administer treatments approved by the United States Food   and Drug Administration to treat anaphylaxis [anaphylaxis   medication], such as epinephrine, to a student unless the   anaphylaxis medication is prescribed for that student.          (c-1)  Each school district and open-enrollment charter   school shall maintain at each campus a supply of anaphylaxis   medication, including an epinephrine auto-injector, that may be   administered to a person experiencing an anaphylactic reaction on   campus or at an off-campus school event, regardless of whether the   medication or auto-injector was prescribed for that person.          SECTION 2.  Section 38.208(b), Education Code, is amended to   read as follows:          (b)  If a policy is adopted under Subsection (a), the policy:                (1)  must require the school district or   open-enrollment charter school to maintain at each campus a supply   of anaphylaxis medicine, including an epinephrine auto-injector,   that may be administered to a person experiencing an anaphylactic   reaction on campus or at an off-campus school event, regardless of   whether the medicine or auto-injector was prescribed for that   person;                (2)  must provide that school personnel and school   volunteers who are authorized and trained may administer an   epinephrine auto-injector to a person who is reasonably believed to   be experiencing anaphylaxis on a school campus; and                (3) [(2)]  may provide that school personnel and school   volunteers who are authorized and trained may administer an   epinephrine auto-injector to a person who is reasonably believed to   be experiencing anaphylaxis at an off-campus school event or while   in transit to or from a school event.          SECTION 3.  Section 38.0151(h), Education Code, is repealed.          SECTION 4.  This Act applies beginning with the 2023-2024   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, 2023.