Understanding Texas’ AED Access Laws

What is the “Landon Payton Act”?

Everything you need to know about Texas’ AED Access Law.

Texas’ SB 865, approved by Governor Abbott on June 20, 2025, adjusted the Education Code to require every school’s medical, athletic, and recreational personnel to participate in training for cardiopulmonary resuscitation (CPR) and use of an automated external defibrillator (AED). They must receive/maintain certification in CPR from a nationally recognized association.

Each district and private school must develop and implement a cardiac emergency response plan (CERP) that establishes safety procedures for a district or school employee or other appropriate personnel to follow when responding to a medical emergency involving cardiac arrest on district or school grounds. The plan must include the establishment of a cardiac emergency response team, procedures for activating that team, annual practice drills,ongoing training in first aid/CPR, and the use of AEDs.

What to Know

TEXAS SENATE BILL 865

An AED, or automated external defibrillator, is a portable device used during cardiac arrest to deliver an electric shock to the heart that can temporarily restart the heart and restore breathing. AEDs are essential for treating cardiac arrest victims in the critical first few minutes while waiting for EMS to arrive.

AEDs are designed to be used by bystanders with little or no medical training, giving audio and/or visual instructions that guide the user through each step. AEDs are safe to use and cannot hurt the victim or rescuer. It will only provide a shock if it detects one is needed.

Expired pads, dead batteries, missing accessories, or unnoticed warning alerts can make AEDs unreliable when a real emergency occurs. It is important to develop a process for routine maintenance in the cardiac emergency response plan. Inspections ensure devices are operational, rescue-ready and reduce liability concerns. 

Sudden cardiac arrest can happen to anyone. It’s not just something that affects the elderly or unhealthy people. Studies have shown that 1 in 300 youth athletes have an undiagnosed heart condition. Being prepared for a cardiac emergency protects not just the students or athletes but also the coaches, faculty, parents, and spectators who might be in the stands. 

Cardiopulmonary resuscitation (CPR) is a life-saving procedure that continues circulation of the blood when someone’s heart stops beating. Regular CPR and AED training gives an individual knowledge and confidence to recognize the symptoms of a sudden cardiac arrest and the confidence to respond quickly and effectively. Performing CPR, locating the closest AED, and using the device correctly in those few short minutes before emergency medical professionals arrive can double or even triple the victim’s chance of survival.

According to the American Heart Association, 9 in 10 cardiac arrest victims who receive a shock from an AED in the first minutes live. But for every minute that passes without defibrillation, survival rates drop 7-10% percent.

Open enrollment charter schools, public, and private schools are required to have a cardiac emergency response plan and CPR/AED certification. The personnel listed in the bill to have certifications are the 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 of education and student who serves as an athletic trainer.

There is no specification, however, any events that occur at charter, public, or private schools are covered under the new law.

The bill doesn’t specify how many AEDs need to be present, however, the schools should have at least one present readily available on each school campus.

The American Heart Association recommends AEDs to be in nearby locations where they can be retrieved and applied to a victim within 3 minutes of collapse.

Texas’ SB 865 doesn’t specify the placement, but it should be kept visible, accessible, and incorporated in the cardiac emergency response plan.

AEDs are typically housed in wall-mounted enclosures designed for rapid access in an emergency. These cabinets keep the device visible, protected, and ready for immediate use. The organizations should account for regular inspection and maintenance of their AEDs in order to ensure they are operable in the event of an emergency.

For outdoor facilities, placement requires additional consideration. Exposure to weather, temperature extremes, moisture, dust, and pollen can damage an AED over time and compromise its reliability when it matters most. In some outdoor areas, theft and tampering can also be concerns.

Solutions exist to address all of these challenges — from weatherproof enclosures with heat/cooling systems to resist the elements, to 911-integrated “secure access” cabinets that are only unlocked with a code issued by emergency dispatchers — which ensure that your devices remain protected, compliant, and ready at a moment’s notice.

For travel sports teams or outdoor adventure organizations mobile kits can be effective alternatives to permanent AED placements. These kits store AEDs in portable, weatherproof cases that can be easily brought everywhere the group goes.

The bill went into effect in the 2025-2026 school year with full implementation mandated by the first instructional day of the 2027-2028 school year.

The cost of an AED device is estimated between $1,400 and $2,500. Total costs range based on size of schools and ongoing maintenance requirements.

Landon Payton’s Story

In August 2024, 14-year old Landon Payton of Houston, Texas, collapsed in his school’s gymnasium during P.E. class. Despite efforts to save him, he passed away after the AED reportedly malfunctioned. It was later discovered that the school nurse lacked training in CPR and that three months before the tragedy, an inspection identified the school’s AED had expired electrode pads that were allegedly not replaced. After further investigation Houston Independent School District was forced to admit that more than 175 AEDs district-wide were not functioning properly. 

Payton’s tragic death was a wake up call across Texas that resulted in legislative action mandating the creation of cardiac emergency response plans, certifications in CPR, and the use of AEDs. Senator Carol Alvarado worked to develop stronger safety measures in the Senate Bill 865 and named it the Landon Payton Act in honor of the late eighth grader. Governor Greg Abbott signed the bill into law on June 20, 2025, marking a crucial step towards preventing tragedies like this in the future.

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