By: Zaffirini, et al. S.B. No. 102
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation and use of an emergency medical services
1-2 and trauma care system fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter E, Chapter 773, Health and Safety
1-5 Code, is amended by adding Sections 773.121 through 773.124 to read
1-6 as follows:
1-7 Sec. 773.121. FUND. (a) The emergency medical services and
1-8 trauma care system fund is created as a special account in the
1-9 state treasury. Money in the fund may be appropriated only to the
1-10 department for the purposes described by Section 773.122.
1-11 (b) The emergency medical services and trauma care system
1-12 fund is composed of money received under Sections 521.425(b) and
1-13 522.029(e), Transportation Code.
1-14 Sec. 773.122. PAYMENTS FROM THE FUND. (a) The
1-15 commissioner, with advice and counsel from the chairpersons of the
1-16 regional advisory councils, shall use money in the emergency
1-17 medical services and trauma care system fund established under
1-18 Section 773.121 to fund county and regional emergency medical
1-19 services and trauma care systems in accordance with this section.
1-20 (b) The commissioner shall maintain a reserve of $250,000 of
1-21 money appropriated from the emergency medical services and trauma
1-22 care system fund for extraordinary emergencies.
1-23 (c) In any fiscal year the commissioner shall use at least
2-1 70 percent of the appropriated money remaining in the emergency
2-2 medical services and trauma care system fund, after any amount
2-3 necessary to maintain the reserve established by Subsection (b) is
2-4 deducted, to fund the cost of supplies, operational expenses,
2-5 education and training, equipment, vehicles, and communications
2-6 systems for local emergency medical services. The money shall be
2-7 distributed to counties on behalf of eligible recipients. A
2-8 county's share of the money shall be based on the relative
2-9 geographic size and population of the county and on the relative
2-10 number of emergency or trauma care runs performed by eligible
2-11 recipients in the county. Money that is not disbursed by a county
2-12 to eligible recipients for approved functions by the end of the
2-13 fiscal year in which the funds were disbursed to the county shall
2-14 be returned to the fund to be used in accordance with Subsection
2-15 (f).
2-16 (d) In any fiscal year, the commissioner may use not more
2-17 than 25 percent of the appropriated money remaining in the
2-18 emergency medical services and trauma care system fund, after any
2-19 amount necessary to maintain the reserve established by Subsection
2-20 (b) is deducted, for operation of the 22 trauma support areas and
2-21 for equipment, communications, and education and training for the
2-22 areas. Money distributed under this subsection shall be
2-23 distributed to the county in which the chairperson of an area's
2-24 regional advisory council sits on behalf of eligible recipients. A
2-25 regional advisory council's share of money distributed under this
3-1 section shall be based on the relative geographic size and
3-2 population of each trauma support area and the relative amount of
3-3 trauma care provided. Money that is not disbursed by a county to
3-4 eligible recipients for approved functions by the end of the fiscal
3-5 year in which the funds were disbursed to the county shall be
3-6 returned to the fund to be used in accordance with Subsection (f).
3-7 (e) In any fiscal year, the commissioner may use not more
3-8 than three percent of the appropriated money remaining in the
3-9 emergency medical services and trauma care system fund after any
3-10 amount necessary to maintain the reserve established by Subsection
3-11 (b) is deducted to fund the administrative costs of the bureau of
3-12 emergency management of the department associated with
3-13 administering the state emergency medical services program, the
3-14 trauma program, and the fund and to fund the costs of monitoring
3-15 and providing technical assistance for those programs and that
3-16 fund.
3-17 (f) In any fiscal year, the commissioner shall use at least
3-18 two percent of the appropriated money remaining in the emergency
3-19 medical services and trauma care system fund after any amount
3-20 necessary to maintain the reserve established by Subsection (b) is
3-21 deducted and the money in the fund not otherwise distributed under
3-22 this section to fund a portion of the uncompensated trauma care
3-23 provided at facilities designated as state trauma facilities by the
3-24 department. A regional advisory council chairperson may petition
3-25 the department for disbursement of funds to a trauma center in the
4-1 chairperson's trauma support area that has suffered deleterious
4-2 effects due to uncompensated trauma care. Funds may be disbursed
4-3 under this subsection based on a proportionate share of
4-4 uncompensated trauma care provided in the state and may be used to
4-5 fund innovative projects to enhance the delivery of patient care in
4-6 the overall emergency medical services and trauma care system.
4-7 (g) The department shall review the percentages for
4-8 disbursement of funds in the emergency medical services and trauma
4-9 care system fund on an annual basis and shall make recommendations
4-10 for proposed changes to ensure that appropriate and fair funding is
4-11 provided under this section.
4-12 Sec. 773.123. CONTROL OF EXPENDITURES FROM THE FUND.
4-13 (a) Except as provided by Subsection (b), money distributed from
4-14 the emergency medical services and trauma care system fund shall be
4-15 used in accordance with Section 773.122 on the authorization of the
4-16 chief executive of the county to which the money is disbursed on
4-17 vouchers issued by the county's treasurer.
4-18 (b) In a county with a population of 291,000 or more, money
4-19 distributed from the emergency medical services and trauma care
4-20 system fund shall be used in accordance with Section 773.122 on the
4-21 joint authorization of the chief executive of the county to which
4-22 the money is disbursed and the mayor of the principal municipality
4-23 in that county on vouchers issued by the county's treasurer.
4-24 (c) For the purposes of this section, "principal
4-25 municipality" means the municipality with the largest population in
5-1 a county to which this section applies.
5-2 Sec. 773.124. LOSS OF FUNDING ELIGIBILITY. For a period of
5-3 not less than one year or more than three years, as determined by
5-4 the department, the department may not disburse money under Section
5-5 773.122 to a county, municipality, or local recipient that the
5-6 department finds used money in violation of that section.
5-7 SECTION 2. Section 521.421, Transportation Code, is amended
5-8 by adding Subsection (f) to read as follows:
5-9 (f) In addition to the fee imposed under Subsection (a),
5-10 (b), (c), or (d), each applicant for issuance or renewal of a
5-11 driver's license shall pay an emergency medical services and trauma
5-12 care system fund fee of $2.
5-13 SECTION 3. Section 521.425, Transportation Code, is amended
5-14 to read as follows:
5-15 Sec. 521.425. REMITTANCE OF FEES AND CHARGES. (a) Each fee
5-16 or charge required by this chapter and collected by an officer or
5-17 agent of the department shall be sent without deduction to the
5-18 department in Austin.
5-19 (b) The department shall remit the amount of the emergency
5-20 medical services and trauma care system fund fee imposed under
5-21 Section 521.421(f) to the comptroller for deposit to the credit of
5-22 the emergency medical services and trauma care system fund
5-23 established under Section 773.121, Health and Safety Code.
5-24 SECTION 4. Section 522.029, Transportation Code, is amended
5-25 to read as follows:
6-1 Sec. 522.029. FEES. (a) The fee for a commercial driver's
6-2 license or commercial driver learner's permit issued by the
6-3 department is $40.
6-4 (b) The fee for a commercial driver's license or commercial
6-5 driver learner's permit shall be reduced by $4 for each remaining
6-6 year of validity of a driver's license, other than a commercial
6-7 driver's license or commercial driver learner's permit issued by
6-8 the department to the applicant.
6-9 (c) The fee for a duplicate commercial driver's license or
6-10 commercial driver learner's permit is $10.
6-11 (d) An applicant who is changing a class of license,
6-12 endorsement, or restriction or who is adding a class of vehicle to
6-13 the license must pay a fee of $10 for the examination, except for a
6-14 renewal or original issuance of a commercial driver's license.
6-15 (e) In addition to the fee imposed under Subsection (a) or
6-16 (c), each applicant for issuance or renewal of a commercial
6-17 driver's license or commercial driver learner's permit shall pay an
6-18 emergency medical services and trauma care system fund fee of $2.
6-19 (f) The fees required by this chapter and collected by an
6-20 officer or agent of the department shall be remitted without
6-21 deduction to the department.
6-22 (g) The department shall remit the amount of the emergency
6-23 medical services and trauma care system fund fee imposed under
6-24 Subsection (e) to the comptroller for deposit to the credit of the
6-25 emergency medical services and trauma care system fund established
7-1 under Section 773.121, Health and Safety Code.
7-2 SECTION 5. The change in law made by Sections 2, 3, and 4 of
7-3 this Act applies only to a fee imposed for issuance or renewal of a
7-4 driver's license or a commercial driver's license or commercial
7-5 driver learner's permit on or after the effective date of this Act.
7-6 SECTION 6. This Act takes effect September 1, 1997.
7-7 SECTION 7. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended.