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.