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.