SWB S.B. 102 75(R)BILL ANALYSIS


WAYS & MEANS
S.B. 102
By: Zaffirini (Kamel)
5-15-97
Committee Report (Unamended)



BACKGROUND 

The Texas trauma system consists of 22 regional advisory councils, two
regional trauma systems, and 60 designated facilities which provide
emergency medical services and trauma care. Presently, the Texas trauma
system has been financed primarily through grants, donations, and local
support.  
               
PURPOSE

The bill adds an emergency medical services and trauma care system fund
fee of $2 to each application for issuance or renewal of a driver's
license, including a commercial driver's license or learner's permit, and
requires the fees to be deposited into the emergency medical services and
trauma care system fund.  The bill also requires the fund to be
administered by the Texas Department of Health to fund county and regional
emergency medical services and trauma care systems.      

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Subchapter E, Chapter 773, Health and Safety Code
(Emergency Medical Services and Trauma Care Systems), by adding Sections
773.121-773.124, as follows: 

Sec. 773.121. FUND.  Provides that the emergency medical services and
trauma care system fund (fund) is created as a special account in the
state treasury.  Authorizes money in the fund to be appropriated only to
the Texas Department of Health (department) for the purposes described by
Section 773.122.  Establishes that the fund is composed of money received
under Sections 521.425(b) and 522.029(e), Transportation Code.

Sec. 773.122.  PAYMENTS FROM THE FUND. Requires the commissioner of health
(commissioner), with advice and counsel from the chairpersons of the
regional advisory councils, to use money in the fund to fund county and
regional emergency medical services and trauma care systems.  Establishes
the terms by which the commissioner is required to maintain a reserve of
money for extraordinary emergencies; fund the cost of supplies,
operational expenses, education and training, equipment, vehicles, and
communications systems for local emergency medical services; use
appropriated money for operation of the 22 trauma support areas, including
equipment, communications, and education and training; fund the
administrative costs of the department associated with administering
certain programs; and fund a portion of the uncompensated trauma care
provided at facilities designated as state trauma facilities by the
department.  Requires the department to review the percentages for
disbursement of funds on an annual basis and make recommendations for
proposed changes to ensure appropriate and fair funding. 


 Sec. 773.123.  CONTROL OF EXPENDITURES FROM THE FUND.  Requires the money
distributed from the fund to be used in accordance with Section 773.122 on
the authorization of the chief executive of the county to which the money
is disbursed on vouchers issued by the county's treasurer. 

Sec. 773.124.  LOSS OF FUNDING ELIGIBILITY.  Prohibits the department, for
a period of not less than one year or more than three years, as determined
by the department, from disbursing money under Section 773.122 to a
county, municipality, or local recipient that the department finds used
money in violation of that section.  

SECTION 2. Amends Section 521.421, Transportation Code (License Fees;
Examination Fees), by adding Subsection (f) to require each applicant for
issuance or renewal of a driver's license, in addition to the fee imposed
under Subsections (a)-(d), to pay an emergency medical services and trauma
care system fund fee of $2.  

SECTION 3. Amends Section 521.425, Transportation Code (Remittance of Fees
and Charges), to require the Department of Public Safety to remit the
amount of the emergency medical services and trauma care system fund fee
imposed under Section 521.421(f) to the comptroller for deposit to the
credit of the emergency medical services and trauma care system fund
established under Section 773.121, Health and Safety Code.  

SECTION 4. Amends Section 522.029, Transportation Code (Fees), to require
each applicant for issuance or renewal of a commercial driver's license or
commercial driver learner's permit, in addition to the fee imposed under
Subsection (a) or (c), to pay an emergency medical services and trauma
care system fund fee of $2.  Requires the department to remit the amount
of the emergency medical services and trauma care system fund fee imposed
under Subsection (e) to the comptroller for deposit to the credit of the
emergency medical services and trauma care system fund established under
Section 773.121, Health and Safety Code.  

SECTION 5. Makes application of SECTIONS 2-4 of this Act prospective. 

SECTION 6. Effective date:  September 1, 1997. 

SECTION 7. Emergency clause.