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 appropriated to the credit of the fund.

1-13           Sec. 773.122.  PAYMENTS FROM THE FUND.  (a)  The

1-14     commissioner, with advice and counsel from the chairpersons of the

1-15     regional advisory councils, shall use money in the emergency

1-16     medical services and trauma care system fund established under

1-17     Section 773.121 to fund county and regional emergency medical

1-18     services and trauma care systems in accordance with this section.

1-19           (b)  The commissioner shall maintain a reserve of $250,000 of

1-20     money appropriated from the emergency medical services and trauma

1-21     care system fund for extraordinary emergencies.

1-22           (c)  In any fiscal year the commissioner shall use at least

1-23     70 percent of the appropriated money remaining in the emergency

 2-1     medical services and trauma care system fund, after any amount

 2-2     necessary to maintain the reserve established by Subsection (b) is

 2-3     deducted, to fund, in connection with an effort to provide

 2-4     coordination with the appropriate trauma support area, the cost of

 2-5     supplies, operational expenses, education and training, equipment,

 2-6     vehicles, and communications systems for local emergency medical

 2-7     services.  The money shall be distributed to counties on behalf of

 2-8     eligible recipients.  A county's share of the money shall be based

 2-9     on the relative geographic size and population of the county and on

2-10     the relative number of emergency or trauma care runs performed by

2-11     eligible recipients in the county.  Money that is not disbursed by

2-12     a county to eligible recipients for approved functions by the end

2-13     of the fiscal year in which the funds were disbursed to the county

2-14     shall be returned to the fund to be used in accordance with

2-15     Subsection (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 771.071, Health and Safety Code, is

 5-8     amended by adding Subsection (g), to read as follows:

 5-9           (g)  Notwithstanding any other law, revenue derived from the

5-10     fees imposed under this section may be appropriated to the

5-11     emergency medical services and trauma care system fund established

5-12     by Section 773.121. The comptroller shall transfer funds

5-13     appropriated in accordance with this section to the emergency

5-14     medical services and trauma care system fund to be used only for

5-15     the purposes described by Section 773.121 through 773.124.

5-16           SECTION 3.  Not later than December 1, 2000, the Texas

5-17     Department of Health shall submit to the lieutenant governor and

5-18     the speaker of the house of representatives a report concerning the

5-19     use of money under Section 773.122, Health and Safety Code, as

5-20     added by this Act, and any recommended changes to law to ensure

5-21     appropriate funding and coordination of services.

5-22           SECTION 4.  This Act takes effect September 1, 1997.

5-23           SECTION 5.  The importance of this legislation and the

5-24     crowded condition of the calendars in both houses create an

5-25     emergency and an imperative public necessity that the

 6-1     constitutional rule requiring bills to be read on three several

 6-2     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 102 passed the Senate on

         May 1, 1997, by a viva-voce vote; and that the Senate concurred in

         House amendments on May 28, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 102 passed the House, with

         amendments, on May 25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor