The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 103, Health and Safety, Subchapter BB, Commissioner's Rules Concerning General Provisions for Health and Safety, §103.1101, Automated External Defibrillator (AED) Reimbursement. The adopted new rule implements requirements of the Texas Education Code (TEC), §38.017, added by Senate Bill (SB) 7, and the General Appropriations Act (House Bill 1), 80th Texas Legislature, 2007. No changes were made to the rule or AED reimbursement application form adopted as rule since published as proposed.

STATUTORY AUTHORITY:

General Appropriations Act (House Bill 1), Article IX, Section 19.86, 80th Texas Legislature, 2007.

EFFECTIVE DATE:

May 11, 2008.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:

TEC, §38.017, Availability of Automated External Defibrillator, requires each school district and open-enrollment charter school to make an AED device available on each campus. The General Appropriations Act, Article IX, Section 19.86, 2007, authorizes the commissioner of education to adopt rules as necessary to implement a program to reimburse school districts and open-enrollment charter schools for costs associated with the purchase of AED devices. Accordingly, the commissioner exercises rulemaking authority to address provisions relating to the reimbursement program for AED devices. Adopted new 19 TAC §103.1101 establishes the following procedures relating to AED reimbursements.

Subsection (a) specifies that a campus that demonstrates priority and need will be reimbursed for one AED device. Each campus that did not have an AED device as of June 1, 2007, will be reimbursed for one AED device per campus that was purchased between June 1, 2007, and June 30, 2008. The subsection sets forth the definition of "campus" for the purpose of AED reimbursement and establishes priority and need.

Subsection (b) adopts in rule the reimbursement application form that must be submitted to the Texas Education Agency (TEA) and establishes that applicants for reimbursement must include verification of the AED device purchase.

Subsection (c) specifies that each reimbursement will be for the actual amount paid for the AED device or a maximum of $1,475, whichever is less.

Subsection (d) establishes that the availability of funds after reimbursements are made to school districts and open-enrollment charter schools will determine whether reimbursements will be made to private schools.

Subsection (e) clarifies that any donated AED device or AED device purchased with funds donated for such purchase is ineligible for reimbursement.

No changes were made to the rule or AED reimbursement application form adopted as rule since published as proposed.

FISCAL IMPACT:

The adoption establishes in rule the procedures for reimbursements for the acquisition of AED devices. The General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007, allocated not more than $9 million to the TEA in fiscal year 2008 to reimburse school districts and open-enrollment charter schools for costs associated with the purchase of AED devices, giving funding priority based on greatest need. Any balances available as of August 31, 2008, are appropriated for fiscal year 2009 for the same purposes.

School districts and open-enrollment charter schools can be reimbursed for the expense of the purchase of AED devices for up to a maximum amount of $1,475. Reimbursement will be dependent on the availability of funds, the actual cost of an AED device, and whether the AED device cost exceeds the amount eligible for reimbursement. Local school districts and open-enrollment charter schools may experience a loss of revenue if their AED device costs exceed the amount eligible for reimbursement or if requests for reimbursements exceed the available funds. Donated AED devices and AED devices purchased before June 1, 2007, or after the reimbursement due date will not be eligible for reimbursement.

There is no adverse economic impact to small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT:

The adopted new rule provides each school district and open-enrollment charter school with the opportunity to be reimbursed for the purchase of one AED device on each campus. Students, staff, and the public would have one AED device available at each campus, providing a rapid response to cardiac emergencies.

PROCEDURAL AND REPORTING IMPLICATIONS:

The adopted new rule requires each school district and open-enrollment charter school that is seeking AED reimbursement to submit an application and identifying information about AED devices purchased in response to Senate Bill 7 requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:

School districts and open-enrollment charter schools are required to maintain AED device purchase receipts.

PUBLIC COMMENTS:

The public comment period began on March 7, 2008, and ended April 6, 2008. Following is a summary of public comments received and corresponding agency responses regarding the proposed new 19 TAC Chapter 103, Health and Safety, Subchapter BB, Commissioner's Rules Concerning General Provisions for Health and Safety, §103.1101, Automated External Defibrillator (AED) Reimbursement.

Comment: Concerning the AED purchase date requirement of June 1, 2007-June 30, 2008, the assistant superintendent for personnel and auxiliary services of the Nederland Independent School District (ISD) requested that the program be expanded to include districts that purchased AED devices prior to June 1, 2007.

Agency Response: The agency disagrees and has maintained language as published as proposed. The General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007, allocated not more than $9 million to the TEA in fiscal year 2008 to reimburse school districts and open-enrollment charter schools for costs associated with the purchase of AED devices, giving funding priority based on greatest need. The AED reimbursement program was contingent upon the passage of Senate Bill 7, 80th Texas Legislature, 2007. Senate Bill 7 was passed and took immediate effect in June 2007. The agency cannot reimburse AED expenditures prior to June 2007, when the program was created. The agency determined that it could conclude that AED devices purchased after June 1, 2007, were purchased in response to Senate Bill 7, now codified as TEC, §38.017.

Comment: The executive director of operations at Rockwall ISD commented in support of the proposal.

Agency Response: The agency agrees.

ALTERNATIVES:

None.

OTHER COMMENTS AND RELATED ISSUES:

None.

Staff Members Responsible:

Jeff Kloster, Associate Commissioner, Health and Safety
Julie Harris-Lawrence, Director, Student Support/Discipline
Priscilla G. Flores, Manager, Health and Safety

For additional information, email rules@tea.state.tx.us.

Page last modified on 8/30/2011.