SRC-CDH S.B. 102 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 102
By: Zaffirini
Finance
1-16-97
As Filed


DIGEST 

Currently, emergency medical services and trauma care systems lack funding
and have been financed primarily through grants, donations, and local
support.  This bill adds $6 to every traffic violation in the state, which
will be deposited into the emergency medical services and trauma care
system fund, to be administered by the Texas Department of Health for the
provision of emergency medical services.   

PURPOSE

As proposed, S.B. 102 creates an emergency medical services and trauma
care system fund to be administered by the Texas Department of Health. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 773E, Health and Safety Code, 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 Article 102.019, Code of Criminal Procedure.  

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 Chapter 102A, Code of Criminal Procedure, by adding
Article 102.019, as follows: 

Art. 102.019.  COURT COSTS; EMERGENCY MEDICAL SERVICES.  Requires a
defendant convicted of an offense under Chapters 545B-F, H, or I,
Transportation Code, or relating to the driving or operating of a motor
vehicle, aircraft, or watercraft under Sections 49.03-49.08, Penal Code,
to pay $6 as a cost of court.  Provides that a person is considered to
have been convicted if a sentence is imposed, the defendant receives
community supervision, or the court defers final disposition of the case.
Sets forth the terms by which an officer collecting costs under Subsection
(a) or (b) is required to keep a separate record of the funds collected
and file the report required under Article 103.005.  Establishes the terms
by which the custodian of the county treasurer is required to  keep a
record of the funds collected under Subsections (a) and (b), deposit the
amount, and remit to the comptroller funds collected. 

SECTION 3. (a)  Makes application of Section 2 of this Act prospective.
  (b)  Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.