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 * * * * *