By Zaffirini S.B. No. 102
75R2108 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and use of an emergency medical services
1-3 and trauma care system fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 773, Health and Safety
1-6 Code, is amended by adding Sections 773.121-773.124 to read as
1-7 follows:
1-8 Sec. 773.121. FUND. (a) The emergency medical services and
1-9 trauma care system fund is created as a special account in the
1-10 state treasury. Money in the fund may be appropriated only to the
1-11 department for the purposes described by Section 773.122.
1-12 (b) The emergency medical services and trauma care system
1-13 fund is composed of money received under Article 102.019, Code of
1-14 Criminal Procedure.
1-15 Sec. 773.122. PAYMENTS FROM THE FUND. (a) The
1-16 commissioner, with advice and counsel from the chairpersons of the
1-17 regional advisory councils, shall use money in the emergency
1-18 medical services and trauma care system fund established under
1-19 Section 773.121 to fund county and regional emergency medical
1-20 services and trauma care systems in accordance with this section.
1-21 (b) The commissioner shall maintain a reserve of $250,000 of
1-22 money appropriated from the emergency medical services and trauma
1-23 care system fund for extraordinary emergencies.
1-24 (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 in 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
2-26 section shall be based on the relative geographic size and
2-27 population of each trauma support area and the relative amount of
3-1 trauma care provided. Money that is not disbursed by a county to
3-2 eligible recipients for approved functions by the end of the fiscal
3-3 year in which the funds were disbursed to the county shall be
3-4 returned to the fund to be used in accordance with Subsection (f).
3-5 (e) In any fiscal year, the commissioner may use not more
3-6 than three percent of the appropriated money remaining in the
3-7 emergency medical services and trauma care system fund after any
3-8 amount necessary to maintain the reserve established by Subsection
3-9 (b) is deducted to fund the administrative costs of the Bureau of
3-10 Emergency Management of the department associated with
3-11 administering the state emergency medical services program, the
3-12 trauma program, and the fund and to fund the costs of monitoring
3-13 and providing technical assistance for those programs and that
3-14 fund.
3-15 (f) In any fiscal year, the commissioner shall use at least
3-16 two percent of the appropriated money remaining in the emergency
3-17 medical services and trauma care system fund after any amount
3-18 necessary to maintain the reserve established by Subsection (b) is
3-19 deducted and the money in the fund not otherwise distributed under
3-20 this section to fund a portion of the uncompensated trauma care
3-21 provided at facilities designated as state trauma facilities by the
3-22 department. A regional advisory council chairperson may petition
3-23 the department for disbursement of funds to a trauma center in the
3-24 chairperson's trauma support area that has suffered deleterious
3-25 effects due to uncompensated trauma care. Funds may be disbursed
3-26 under this subsection based on a proportionate share of
3-27 uncompensated trauma care provided in the state and may be used to
4-1 fund innovative projects to enhance the delivery of patient care in
4-2 the overall emergency medical services and trauma care system.
4-3 (g) The department shall review the percentages for
4-4 disbursement of funds in the emergency medical services and trauma
4-5 care system fund on an annual basis and shall make recommendations
4-6 for proposed changes to ensure that appropriate and fair funding is
4-7 provided under this section.
4-8 Sec. 773.123. CONTROL OF EXPENDITURES FROM THE FUND. Money
4-9 distributed from the emergency medical services and trauma care
4-10 system fund shall be used in accordance with Section 773.122 on the
4-11 authorization of the chief executive of the county to which the
4-12 money is disbursed on vouchers issued by the county's treasurer.
4-13 Sec. 773.124. LOSS OF FUNDING ELIGIBILITY. For a period of
4-14 not less than one year or more than three years, as determined by
4-15 the department, the department may not disburse money under Section
4-16 773.122 to a county, municipality, or local recipient that the
4-17 department finds used money in violation of that section.
4-18 SECTION 2. Subchapter A, Chapter 102, Code of Criminal
4-19 Procedure, is amended by adding Article 102.019 to read as follows:
4-20 Art. 102.019. COURT COSTS; EMERGENCY MEDICAL SERVICES. (a)
4-21 A defendant convicted of an offense under Subchapter B, C, D, E, F,
4-22 H, or I, Chapter 545, Transportation Code, shall pay as a cost of
4-23 court $6.
4-24 (b) A defendant convicted of an offense relating to the
4-25 driving or operating of a motor vehicle, aircraft, or watercraft
4-26 under Sections 49.03-49.08, Penal Code, shall pay as a cost of
4-27 court $6.
5-1 (c) In this article, a person is considered to have been
5-2 convicted in a case if:
5-3 (1) a sentence is imposed;
5-4 (2) the defendant receives community supervision; or
5-5 (3) the court defers final disposition of the case.
5-6 (d) An officer collecting costs under Subsection (a) or (b)
5-7 shall keep a separate record of the funds collected as costs under
5-8 this article.
5-9 (e) An officer collecting costs under Subsection (a) or (b)
5-10 shall file the report required under Article 103.005. If no funds
5-11 due as costs under Subsection (a) or (b) are collected in a
5-12 calendar quarter, the report required for the quarter shall be
5-13 filed in the regular manner and must state that no funds due under
5-14 Subsection (a) or (b) were collected.
5-15 (f) The custodian of the county treasury shall keep a record
5-16 of the amount of funds collected under Subsections (a) and (b) and,
5-17 on or before the last day of the month following each calendar
5-18 quarter, deposit the amount to the credit of a segregated account
5-19 in the general fund of the county.
5-20 (g) The custodian of the county treasury shall, on or before
5-21 the last day of the month following each calendar quarter, remit to
5-22 the comptroller funds collected under this article during the
5-23 preceding quarter.
5-24 SECTION 3. (a) The change in law made by Section 2 of this
5-25 Act applies only to the costs of court for an offense committed on
5-26 or after the effective date of this Act. For purposes of this
5-27 section, an offense is committed before the effective date of this
6-1 Act if any element of the offense occurs before the effective date.
6-2 (b) Costs of court for an offense committed before the
6-3 effective date of this Act are covered by the law in effect when
6-4 the offense was committed, and the former law is continued in
6-5 effect for that purpose.
6-6 SECTION 4. This Act takes effect September 1, 1997.
6-7 SECTION 5. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.