1-1     By:  Zaffirini                                         S.B. No. 102

 1-2           (In the Senate - Filed November 19, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Finance;

 1-4     April 28, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; April 28, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 102                By:  Zaffirini

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the creation and use of an emergency medical services

1-11     and trauma care system fund.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter E, Chapter 773, Health and Safety

1-14     Code, is amended by adding Sections 773.121 through 773.124 to read

1-15     as follows:

1-16           Sec. 773.121.  FUND.  (a)  The emergency medical services and

1-17     trauma care system fund is created as a special account in the

1-18     state treasury.  Money in the fund may be appropriated only to the

1-19     department for the purposes described by Section 773.122.

1-20           (b)  The emergency medical services and trauma care system

1-21     fund is composed of money received under Sections 521.425(b) and

1-22     522.029(e), Transportation Code.

1-23           Sec. 773.122.  PAYMENTS FROM THE FUND.  (a)  The

1-24     commissioner, with advice and counsel from the chairpersons of the

1-25     regional advisory councils, shall use money in the emergency

1-26     medical services and trauma care system fund established under

1-27     Section 773.121 to fund county and regional emergency medical

1-28     services and trauma care systems in accordance with this section.

1-29           (b)  The commissioner shall maintain a reserve of $250,000 of

1-30     money appropriated from the emergency medical services and trauma

1-31     care system fund for extraordinary emergencies.

1-32           (c)  In any fiscal year the commissioner shall use at least

1-33     70 percent of the appropriated money remaining in the emergency

1-34     medical services and trauma care system fund, after any amount

1-35     necessary to maintain the reserve established by Subsection (b) is

1-36     deducted, to fund the cost of supplies, operational expenses,

1-37     education and training, equipment, vehicles, and communications

1-38     systems for local emergency medical services.  The money shall be

1-39     distributed to counties on behalf of eligible recipients.  A

1-40     county's share of the money shall be based on the relative

1-41     geographic size and population of the county and on the relative

1-42     number of emergency or trauma care runs performed by eligible

1-43     recipients in the county.  Money that is not disbursed by a county

1-44     to eligible recipients for approved functions by the end of the

1-45     fiscal year in which the funds were disbursed to the county shall

1-46     be returned to the fund to be used in accordance with Subsection

1-47     (f).

1-48           (d)  In any fiscal year, the commissioner may use not more

1-49     than 25 percent of the appropriated money remaining in the

1-50     emergency medical services and trauma care system fund, after any

1-51     amount necessary to maintain the reserve established by Subsection

1-52     (b) is deducted, for operation of the 22 trauma support areas and

1-53     for equipment, communications, and education and training for the

1-54     areas.  Money distributed under this subsection shall be

1-55     distributed to the county in which the chairperson of an area's

1-56     regional advisory council sits on behalf of eligible recipients.  A

1-57     regional advisory council's share of money distributed under this

1-58     section shall be based on the relative geographic size and

1-59     population of each trauma support area and the relative amount of

1-60     trauma care provided.  Money that is not disbursed by a county to

1-61     eligible recipients for approved functions by the end of the fiscal

1-62     year in which the funds were disbursed to the county shall be

1-63     returned to the fund to be used in accordance with Subsection (f).

1-64           (e)  In any fiscal year, the commissioner may use not more

 2-1     than three percent of the appropriated money remaining in the

 2-2     emergency medical services and trauma care system fund after any

 2-3     amount necessary to maintain the reserve established by Subsection

 2-4     (b) is deducted to fund the administrative costs of the bureau of

 2-5     emergency management of the department associated with

 2-6     administering the state emergency medical services program, the

 2-7     trauma program, and the fund and to fund the costs of monitoring

 2-8     and providing technical assistance for those programs and that

 2-9     fund.

2-10           (f)  In any fiscal year, the commissioner shall use at least

2-11     two percent of the appropriated money remaining in the emergency

2-12     medical services and trauma care system fund after any amount

2-13     necessary to maintain the reserve established by Subsection (b) is

2-14     deducted and the money in the fund not otherwise distributed under

2-15     this section to fund a portion of the uncompensated trauma care

2-16     provided at facilities designated as state trauma facilities by the

2-17     department.  A regional advisory council chairperson may petition

2-18     the department for disbursement of funds to a trauma center in the

2-19     chairperson's trauma support area that has suffered deleterious

2-20     effects due to uncompensated trauma care.  Funds may be disbursed

2-21     under this subsection based on a proportionate share of

2-22     uncompensated trauma care provided in the state and may be used to

2-23     fund innovative projects to enhance the delivery of patient care in

2-24     the overall emergency medical services and trauma care system.

2-25           (g)  The department shall review the percentages for

2-26     disbursement of funds in the emergency medical services and trauma

2-27     care system fund on an annual basis and shall make recommendations

2-28     for proposed changes to ensure that appropriate and fair funding is

2-29     provided under this section.

2-30           Sec. 773.123.  CONTROL OF EXPENDITURES FROM THE FUND.  Money

2-31     distributed from the emergency medical services and trauma care

2-32     system fund shall be used in accordance with Section 773.122 on the

2-33     authorization of the chief executive of the county to which the

2-34     money is disbursed on vouchers issued by the county's treasurer.

2-35           Sec. 773.124.  LOSS OF FUNDING ELIGIBILITY.  For a period of

2-36     not less than one year or more than three years, as determined by

2-37     the department, the department may not disburse money under Section

2-38     773.122 to a county, municipality, or local recipient that the

2-39     department finds used money in violation of that section.

2-40           SECTION 2.  Section 521.421, Transportation Code, is amended

2-41     by adding Subsection (f) to read as follows:

2-42           (f)  In addition to the fee imposed under Subsection (a),

2-43     (b), (c), or (d), each applicant for issuance or renewal of a

2-44     driver's license shall pay an emergency medical services and trauma

2-45     care system fund fee of $2.

2-46           SECTION 3.   Section 521.425, Transportation Code, is amended

2-47     to read as follows:

2-48           Sec. 521.425.  REMITTANCE OF FEES AND CHARGES.  (a)  Each fee

2-49     or charge required by this chapter and collected by an officer or

2-50     agent of the department shall be sent without deduction to the

2-51     department in Austin.

2-52           (b)  The department shall remit the amount of the emergency

2-53     medical services and trauma care system fund fee imposed under

2-54     Section 521.421(f) to the comptroller for deposit to the credit of

2-55     the emergency medical services and trauma care system fund

2-56     established under Section 773.121, Health and Safety Code.

2-57           SECTION 4.  Section 522.029, Transportation Code, is amended

2-58     to read as follows:

2-59           Sec. 522.029.  FEES.  (a)  The fee for a commercial driver's

2-60     license or commercial driver learner's permit issued by the

2-61     department is $40.

2-62           (b)  The fee for a commercial driver's license or commercial

2-63     driver learner's permit shall be reduced by $4 for each remaining

2-64     year of validity of a driver's license, other than a commercial

2-65     driver's license or commercial driver learner's permit issued by

2-66     the department to the applicant.

2-67           (c)  The fee for a duplicate commercial driver's license or

2-68     commercial driver learner's permit is $10.

2-69           (d)  An applicant who is changing a class of license,

 3-1     endorsement, or restriction or who is adding a class of vehicle to

 3-2     the license must pay a fee of $10 for the examination, except for a

 3-3     renewal or original issuance of a commercial driver's license.

 3-4           (e)  In addition to the fee imposed under Subsection (a) or

 3-5     (c), each applicant for issuance or renewal of a commercial

 3-6     driver's license or commercial driver learner's permit shall pay an

 3-7     emergency medical services and trauma care system fund fee of $2.

 3-8           (f)  The fees required by this chapter and collected by an

 3-9     officer or agent of the department shall be remitted without

3-10     deduction to the department.

3-11           (g)  The department shall remit the amount of the emergency

3-12     medical services and trauma care system fund fee imposed under

3-13     Subsection (e) to the comptroller for deposit to the credit of the

3-14     emergency medical services and trauma care system fund established

3-15     under Section 773.121, Health and Safety Code.

3-16           SECTION 5.  The change in law made by Sections 2, 3, and 4 of

3-17     this Act applies only to a fee imposed for issuance or renewal of a

3-18     driver's license or a commercial driver's license or commercial

3-19     driver learner's permit on or after the effective date of this Act.

3-20           SECTION 6.  This Act takes effect September 1, 1997.

3-21           SECTION 7.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended.

3-26                                  * * * * *