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


Senate Research CenterC.S.S.B. 102
By: Zaffirini
Finance
4-25-97
Committee Report (Substituted)


DIGEST 

Currently, an average of 30 Texans die every day from injuries, and for
every trauma victim who dies, at least six are seriously injured.  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.  Since 1989, the trauma death
rate has decreased 7.6 percent. Presently, the Texas trauma system lacks
funding and has been financed primarily through grants, donations, and
local support.  This legislation 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.  C.S.S.B. 102 requires the
fund to be administered by the Texas Department of Health to fund county
and regional emergency medical services and trauma care systems.  
 
PURPOSE

As proposed, C.S.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 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, 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, to require the
Department of Public Safety (department) 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, 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.    

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Provides that the fund is composed of money received under Sections
521.425(b) and 522.029(e), Transportation Code, rather than under Article
102.019, Code of Criminal Procedure.   

Deletes former SECTION 2, regarding the addition of $6 to every traffic
violation as a cost of court in the state to be deposited in the emergency
medical services and trauma care system fund.   

SECTION 2.

Amends Section 521.421, Transportation Code, to require each applicant for
issuance or renewal of a driver's license to pay a fund fee of $2. 

SECTION 3.

Amends Section 521.425, Transportation Code, to require the department to
remit the fund fee to the comptroller for deposit to the credit of the
fund. 

SECTION 4.

Amends Section 522.029, Transportation Code, to require each applicant for
issuance or renewal of a commercial driver's license or commercial driver
learner's permit to pay a fund  fee of $2.  Requires the department to
remit the amount of the fund fee to the comptroller for deposit to the
credit of the fund.