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.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Texas Education Agency (TEA) • Local School District Boards of Trustees • Governing Bodies of Open-Enrollment Charter Schools
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025
Compliance Deadline: Start of the 2025-2026 School Year (August 2025). Policies and training must be in place before students arrive.
Agency Rulemaking: No state-level rulemaking is mandated; however, Local School Boards must adopt policies immediately to define "substantial number of students" and approve specific appropriations or donation acceptances to trigger the mandate.
Immediate Action Plan
Immediately: Audit campus budgets and donation offers to determine if the "funding trigger" has been met for the 2025-2026 school year.
By July 15: Draft and approve local policy defining "substantial number of students" and designating device storage locations (prioritizing cafeterias).
By August 1: Execute contracts for device acquisition and schedule manufacturer-specific training for designated cafeteria-duty staff.
Vendors: Update sales materials to offer "Turnkey Compliance" packages that include the device and the legally required training module.
Operational Changes Required
Contracts
Procurement Agreements: Schools are now explicitly authorized to contract for respiratory distress medication and training. Vendors should revise Master Services Agreements (MSAs) to bundle hardware (ACDs), pharmaceuticals, and training into single "Respiratory Preparedness" packages.
Donation Agreements: Districts accepting donated devices must utilize agreements that include indemnification clauses protecting the district against device failure, as the district is the end-user complying with state law.
Hiring/Training
Duty Rosters: Principals must adjust duty schedules. If an ACD is stored in a cafeteria, a staff member trained in its use must be physically present whenever a "substantial number" of students are eating.
Specific Training: General CPR training is insufficient. Staff must receive training specific to the brand/model of the Airway Clearance Device installed (e.g., LifeVac, Dechoker).
Reporting & Record-Keeping
Maintenance Logs: Districts must maintain inspection logs proving the device is compliant with manufacturer specifications and has not expired.
Training Rosters: Maintain a distinct log of employees trained specifically on the ACDs to prove compliance with Section 2(d) in the event of a liability claim.
Donation Documentation: Explicitly document that devices were obtained via donation or specific grant to trigger statutory liability protections.
Fees & Costs
Budget Impact: Direct costs are low, as the mandate to stock devices is triggered only by donations or specific appropriations.
Operational Cost: Indirect costs involve staff time for training and potential overtime or scheduling adjustments to ensure coverage during all lunch periods.
Strategic Ambiguities & Considerations
"Substantial Number of Students": The statute requires trained staff presence when a "substantial number" of students are present. This term is undefined. Districts must define this numerically in local policy (e.g., "10 or more students") to establish a defensible standard of care.
"Appropriate for Use": The law requires devices be appropriate for the majority of students. This implies a sizing requirement. Elementary schools may require pediatric units, while high schools require adult units. A "one size fits all" procurement strategy may violate the statute.
Funding Triggers: It is unclear if a general "Health and Safety" budget allocation triggers the mandate. Boards should be specific in their appropriations ("Funds for Airway Clearance Devices") to avoid accidental non-compliance.
Need Help Understanding Implementation?
Our government affairs experts can walk you through this bill's specific impact on your operations.
Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
Choking incidents, although relatively rare, pose a significant risk in school environments where large numbers of students dine daily. Immediate access to airway clearance devices can be crucial in preventing severe injury or death resulting from airway obstructions. However, the bill author has informed the committee that many schools currently rely solely on trained personnel to perform the Heimlich maneuver or other first-aid techniques, which may not always be effective or timely. H.B. 549 seeks to address this issue by providing for the availability of airway clearance devices at public school district campuses by means of donation.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 549 amends the Education Code to require each public school district to make available at least one airway clearance device appropriate for use on the majority of enrolled students at each campus for which the district may obtain such a device through donation of the device in the original packaging or through purchase or lease of the device using money appropriated or donated to the district for that purpose. The bill defines "airway clearance device" as a noninvasive device capable of removing or assisting with the removal of a person's foreign-body airway obstruction. The bill requires the principal of each campus to consider the primary location on campus where students consume food in determining the location at which to store the device. The bill requires each district to ensure the presence at each location at which an airway clearance device 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 and to ensure that each airway clearance device is stored and used in accordance with the manufacturer's specifications and any applicable law. The bill authorizes a district to solicit and accept gifts, grants, or other donations to obtain airway clearance devices.
H.B. 549 expressly does not waive any immunity from liability of a district or the district's officers or employees, create any liability for or a cause of action against a district or the district's officers or employees, or waive any immunity from liability under statutory provisions governing medical liability for administration of emergency care.
H.B. 549 applies beginning with the 2025-2026 school year.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
HB549 creates a conditional mandate for public schools to stock Airway Clearance Devices (ACDs) and requires the physical presence of trained staff in cafeterias during meal times if devices are present. Additionally, the Act explicitly expands procurement authority, allowing public and private schools to enter specific contracts for respiratory distress medication and related training services. Implementation Timeline Effective Date: June 20, 2025 Compliance Deadline: Start of the 2025-2026 School Year (August 2025).
Q
Who authored HB549?
HB549 was authored by Texas Representative Cody Vasut during the Regular Session.
Q
When was HB549 signed into law?
HB549 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB549?
HB549 is enforced by Texas Education Agency (TEA), Local School District Boards of Trustees and Governing Bodies of Open-Enrollment Charter Schools.
Q
How urgent is compliance with HB549?
The compliance urgency for HB549 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB549?
The cost impact of HB549 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB549 address?
HB549 addresses topics including education, education--primary & secondary, education--primary & secondary--general, minors and minors--health & safety.
Legislative data provided by LegiScanLast updated: November 25, 2025
Need Strategic Guidance on This Bill?
Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.
