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.