Not legal advice. This guide explains how Texas AED statutes are structured. Confirm current code text, and consult a Texas-licensed attorney for decisions about your specific organization.
Quick answer
Texas does not require most private businesses to own an AED. Public school campuses and licensed nursing facilities are the main exceptions.
If you do own an AED, Health and Safety Code Chapter 779 requires you to maintain it per the manufacturer, inspect it monthly, and notify your local EMS provider.
Texas AED Law at a Glance
| Topic | What Texas law says | Source |
|---|---|---|
| Private businesses | No general AED mandate | No statute |
| Public school campuses | At least one AED per campus | Educ. Code §38.017 |
| Nursing facilities | One AED on site at all times, plus a trained staff member present | 26 TAC §554.1935 |
| Maintenance | Follow manufacturer guidelines and inspect monthly | HSC §779.003 |
| EMS notification | When you acquire an AED, and after every use | HSC §779.004, §779.005 |
| User training | Not required for liability protection | HSC §779.006(d) |
| Liability standard | Protected unless wilfully or wantonly negligent | HSC §779.006; CPRC §74.151 |
| Prescription | Required unless the AED is cleared for over-the-counter sale | HSC §779.007 |
Are AEDs Required in Texas Businesses?
No. Texas has no general AED mandate for offices, retail stores, gyms, or churches. Texas is also not among the states with a fitness facility AED statute. Its Health Spa Act governs gym registration and membership contracts, not emergency equipment.
Two settings are the exception. Licensed nursing facilities must keep an AED on site at all times, with a CPR and AED trained staff member present and physician oversight of that training. Public schools are covered in their own section below.
No state mandate does not mean no obligation at all. Federal OSHA duties can still come into play for employers, as our national AED compliance guide explains. For device picks, see the best AEDs for offices and our best AED for small business guide.
What Texas AED Owners Must Do
Once your organization owns or leases an AED, Chapter 779 of the Health and Safety Code sets four duties:
- Maintain and test it according to the manufacturer's guidelines.
- Inspect it every month to confirm it is at its designated location, reasonably appears ready for use, and shows no apparent damage.
- Notify your local EMS provider of the AED's existence, location, and type when you acquire it.
- Notify your local EMS provider promptly after anyone uses it on a person in cardiac arrest. Calling 911 during the rescue normally covers this.
A dated Avid Safety AED inspection tag makes the monthly check easy to prove. Keep AED replacement pads and AED replacement batteries on your calendar before they expire.
Do you need a prescription?
Under Section 779.007, anyone other than a licensed practitioner must obtain a prescription-only AED through a licensed practitioner.
Only three AEDs are cleared for over-the-counter sale: the Philips HeartStart OnSite AED, the Philips HeartStart Home, and the HeartSine samaritan PAD 350P.
Every other model needs a prescription. Our AED value packages include one at no charge. Chapter 779 does not require ongoing medical direction for a business program, though some owners add Arch AED medical direction for program tracking.
Texas Good Samaritan Protection for AEDs
Two statutes work together. Civil Practice and Remedies Code Section 74.151 protects anyone who, in good faith, gives emergency care, including with an AED. They are not liable for civil damages unless the act is wilfully or wantonly negligent.
That protection does not cover someone giving care for pay or in expectation of pay, or someone at the scene to solicit business. Health and Safety Code Section 779.006 then extends protection beyond the rescuer.
It covers the physician who prescribed the AED, anyone who trained users, the organization that acquired it, and whoever owns, occupies, or manages the location where it hangs. The same wilful or wanton negligence standard applies.
What changed in 2021. SB 199 repealed the old requirement that AED users receive state-approved training. It added the monthly inspection duty, and it deleted the clause that made an owner liable for negligently failing to comply with Chapter 779.
Protection now applies whether or not the rescuer was trained. Many online guides still describe the pre-2021 training rule, so check the date on any source you rely on.
Immunity is a defense, not a bar to being sued. A documented monthly inspection record is the simplest evidence that your program was not wantonly neglected.
Texas School AED Requirements
Under Education Code Section 38.017, every school district must keep at least one AED at each campus. It must be readily available during University Interscholastic League (UIL) athletic competitions held on campus.
Districts must also make reasonable efforts to have an AED at UIL practices on district campuses. A trained employee must be present wherever an AED is required while a substantial number of students are there.
Since 2021, private schools that receive AEDs or AED funding from the state must also keep one and adopt related policies. Two more Education Code sections set training duties:
- Staff (Section 22.902): school nurses, athletic coaches and sponsors, PE instructors, marching band directors, cheerleading coaches, and student athletic trainers must hold and maintain AED certification from the AHA, Red Cross, or a similar organization.
- Students (Section 28.0023): students in grades 7 through 12 must receive hands-on CPR instruction at least once before graduation. Certification is not required.
For equipment, see our school AED packages and the best AEDs for schools. Classroom instruction works best with dedicated AED trainers rather than live units.
Texas AED Compliance Checklist
- Confirm whether a mandate applies: school campus, nursing facility, or neither.
- Notify your local EMS provider of the AED's location and type.
- Log a monthly inspection and replace pads and batteries before expiration.
- Check your model against current AED safety notices.
Frequently Asked Questions
Are AEDs required in Texas businesses?
No. Texas has no general AED mandate for private businesses. The main exceptions are public school campuses under Education Code 38.017 and licensed nursing facilities under 26 TAC 554.1935.
What is the Texas Good Samaritan law for AEDs?
Civil Practice and Remedies Code 74.151 protects anyone who gives good-faith emergency care, including with an AED, unless the act is wilfully or wantonly negligent. It does not cover care given for pay. You can still be sued, but liability is limited.
If I buy an AED, does Texas law protect my business from a lawsuit?
Yes, within limits. Health and Safety Code 779.006 protects the organization that acquired the AED and whoever owns or manages the location, unless the conduct is wilfully or wantonly negligent. Since 2021, this protection no longer depends on user training.
Do Texas schools have to have AEDs?
Yes. Every public school district must keep at least one AED on each campus, available during UIL athletic competitions. Private schools that receive state-provided AEDs or AED funding must also keep one.
What are the AED maintenance requirements in Texas?
Owners must maintain and test the AED according to the manufacturer's guidelines. They must also inspect it monthly to confirm it is in place, appears ready for use, and shows no apparent damage.
Does Texas law require AEDs in gyms?
No. Texas does not have a fitness facility AED statute. Its Health Spa Act covers gym registration and membership contracts, not emergency equipment.
What are the penalties if my business fails an AED compliance inspection in Texas?
Chapter 779 contains no fine or penalty section, and Texas does not run a state AED inspection program for private businesses. Your exposure is civil liability. Nursing facilities and schools answer to their own regulators.
Do I need a physician's prescription to buy an AED for my Texas office?
Yes, unless you buy one of the three AEDs cleared for over-the-counter sale. Section 779.007 requires a prescription-only AED to come through a licensed practitioner. Total AEDs value packages include the prescription at no charge.
Does Texas require me to register my AED with local EMS?
Yes. Section 779.005 requires you to notify your local EMS provider of the AED's existence, location, and type when you acquire it. Section 779.004 also requires prompt notice after the AED is used.
Are AED training certifications mandatory for my staff under Texas law?
Not for most private employers, since SB 199 repealed the general training requirement in 2021. Certification is still required for specific school staff under Education Code 22.902 and for nursing facility staff under 26 TAC 554.1935.
Related Resources
Sources: Tex. Health & Safety Code Ch. 779; SB 199 bill analysis (87th Leg., 2021); Tex. Educ. Code §22.902, §28.0023, §38.017; Tex. Civ. Prac. & Rem. Code §74.151.
Also: 26 Tex. Admin. Code §554.1935; UIL AED guidance; Tex. Occ. Code Ch. 702 (Health Spa Act).
