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