Texas AED laws: what AED owners need to know

Texas's main AED law is Chapter 779 of the Health and Safety Code. It applies to any person or entity that owns or leases an AED, except hospitals licensed under Chapter 241 (HSC § 779.008).

Is an AED required at my organization?

It depends on what kind of organization you are. We found no Texas statute that requires AEDs in offices, gyms or other businesses in general. Texas law does require them in these places:

• Public schools. "Each school district shall make available at each campus in the district at least one automated external defibrillator". It must be readily available during University Interscholastic League (UIL) competitions on campus, and districts must make reasonable efforts to have one at UIL practices (Educ. Code § 38.017).
• Some private schools. A private school that receives an AED or AED funding from the Texas Education Agency must make at least one AED available (Educ. Code § 38.017(g)).
• Nursing facilities. An institution licensed under Health and Safety Code Chapter 242 "shall have available for use at the institution an automated external defibrillator" (HSC § 242.159).

Inspection and maintenance

Yes. Texas law says a person or entity that owns or leases an AED shall "maintain and test the automated external defibrillator according to the manufacturer's guidelines." It must also "conduct a monthly inspection" to verify that the AED is at its designated location, reasonably appears ready for use, and does not reasonably appear damaged in a way that could stop it working (HSC § 779.003). This wording took effect September 1, 2021. The statute doesn't mention keeping written records. School districts must maintain AEDs to the Chapter 779 standards (Educ. Code § 38.017(e)).

Training

It depends. Texas used to require AED users to be trained (former § 779.002), but that section was repealed by S.B. 199, effective September 1, 2021. The liability section now says immunity applies "regardless of whether the person who uses, attempts to use, or fails to use the automated external defibrillator received training" (HSC § 779.006(d)).

Some settings still have training rules:

• School districts must have at least one employee trained in AED use present wherever an AED is required, whenever a substantial number of students are there (Educ. Code § 38.017(d)). School nurses and assistant nurses, athletic coaches and sponsors, PE teachers, marching band directors, cheerleading coaches, student athletic trainers and any other employees the education commissioner names must hold CPR and AED certification from the American Heart Association, the American Red Cross or a similar group (Educ. Code § 22.902(c)). Each district and private school must also have a cardiac emergency response plan that includes ongoing CPR and AED training and yearly drills (Educ. Code § 38.018, amended effective June 20, 2025). For private schools, the plan is required only if the school got an AED or AED funding from the state.
• Nursing facilities must employ at least one person trained in AED use (HSC § 242.159(e)).

Medical direction

It depends on the device. If an AED has not been approved by the FDA for over-the-counter sale, anyone other than a licensed practitioner who acquires it must make sure it was delivered by a licensed practitioner or "upon a prescription or other order" from one (HSC § 779.007). Chapter 779 doesn't state any ongoing medical oversight duty.

Separately from state law, many AED models are sold on a prescription under FDA labeling; your supplier can tell you.

EMS notification

Yes. "When a person or entity acquires an automated external defibrillator, the person or entity shall notify the local emergency medical services provider of the existence, location, and type of automated external defibrillator" (HSC § 779.005).

After the AED is used

Yes. A person or entity that gives emergency care to someone in cardiac arrest using an AED "shall promptly notify the local emergency medical services provider" (HSC § 779.004). The law doesn't define "promptly." Your city or county EMS office can tell you who your local provider is.

Signs and posted instructions

Not addressed. Chapter 779 refers to the AED's "designated location" but has no rule about signs or posted instructions. For schools, the principal must consider the main place where students do athletics when choosing where to store the campus AED (Educ. Code § 38.017(a)).

Good Samaritan immunity

Texas has two relevant laws:

• Owners and locations. A person or entity that acquires an AED, and anyone who owns, occupies, manages or is otherwise responsible for the place where it is located, is not liable for civil damages related to its use, attempted use or non-use "unless the conduct is wilfully or wantonly negligent." The same protection covers a physician who prescribes or is involved in acquiring the AED and anyone who provides AED training (HSC § 779.006).
• Rescuers. A person who in good faith gives emergency care, including with an AED, is not liable for civil damages unless the act is wilfully or wantonly negligent. This protection doesn't apply to care given "for or in expectation of remuneration", to someone at the scene to solicit business, or (with exceptions) to someone whose negligence caused the emergency (CPRC § 74.151(a), (b), (e)). The law doesn't say whether this covers an employee who uses a workplace AED on the job; ask a lawyer. For nursing facility employees and volunteers who use an AED at the facility, the pay exclusion doesn't apply (HSC § 242.159(d)).

What this means for your AED program

• Notify your local EMS provider of each AED's existence, location and type when you acquire it.
• Inspect each AED every month for location, readiness and damage, and follow the manufacturer's maintenance and testing guidelines.
• Keeping a record of each monthly check is not required by the statute, but it shows the inspection happened.
• After any use, make sure your local EMS provider is promptly notified.
• Check whether your AED model needs a prescription under § 779.007.
• Schools and nursing facilities: confirm you have the trained staff your setting requires.

Sources

All read on 2026-11-13. All are statutes; we did not review Texas agency rules.

• Tex. Health & Safety Code ch. 779 (§§ 779.001, 779.003–779.008; §§ 779.003 and 779.006 amended by S.B. 199, effective September 1, 2021)
• Tex. Civ. Prac. & Rem. Code § 74.151 (last amended effective December 1, 2019)
• Tex. Educ. Code § 38.017 (added effective June 15, 2007)
• Tex. Educ. Code § 38.018 (amended effective June 20, 2025)
• Tex. Educ. Code § 22.902 (amended effective June 20, 2025)
• Tex. Health & Safety Code § 242.159 (amended effective September 28, 2011)
• S.B. 199, 87th Legislature (2021), enrolled

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FAQ

Is an AED required in Texas gyms?

We found no Texas statute that requires gyms or health clubs to have an AED. If a gym has one, Chapter 779's monthly inspection and EMS notification rules apply to it (HSC ch. 779).

How often do you have to inspect an AED in Texas?

Monthly. Texas law requires a monthly inspection to confirm the AED is in its designated location, appears ready for use and doesn't appear damaged in a way that could stop it working, plus maintenance and testing to the manufacturer's guidelines (HSC § 779.003).

Does Texas require AED training for employees?

Not in general. The general training requirement was repealed effective September 1, 2021. Schools and nursing facilities still have their own training rules (Educ. Code § 38.017, HSC § 242.159).

Do I have to register my AED with EMS in Texas?

Texas law requires you to notify the local EMS provider of the AED's existence, location and type when you acquire it. It also requires whoever uses an AED to give emergency care to promptly notify the local EMS provider (HSC §§ 779.004–779.005).