LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  February 19, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  Senate Bill No. 102
          Committee on Finance                              By: Zaffirini
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB102 ( Relating 
to the creation and use of an emergency medical services and 
trauma care system fund.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB102-As Introduced
         
Implementing the provisions of the bill would result in a net 
impact of $0 to General Revenue Related Funds through the biennium 
ending August 31, 1999.
         
The bill would make no appropriation but could provide the legal 
basis for an appropriation of funds to implement the provisions 
of the bill.
         
 
Fiscal Analysis
 
The bill would create the emergency medical services and trauma 
care system fund as a special account in the state treasury. 
The fund would receive revenue from a $6 court fee that would 
be imposed on a person convicted of an offense related to the 
operation and movement of vehicle provisions in Chapter 545, 
Subchapters B, C, D, E, F, H, and I in the Transportation Code. 
 The fund also would receive revenue from a $6 court fee for 
offenses related to the driving or operating a motor vehicle, 
aircraft, or watercraft while intoxicated.  Revenues in the 
fund would be appropriated to the Department of Health and used 
to fund county and regional emergency medical services and trauma 
care systems.

The bill would require the Commissioner of 
Health to maintain $250,000 in reserve of money appropriated 
from the fund for extraordinary emergencies.  At least seventy 
percent of the appropriated money remaining in the fund in any 
given year must be used to fund local emergency medical services. 
 Not more than twenty-five percent of the appropriated funds 
remaining may be used for operation of the 22 trauma support 
areas.  Not more than three percent of the appropriated money 
remaining in the fund may be used for administrative costs at 
the Department of Health.  At least two percent of the remaining 
money appropriated in any given year will be used to fund a 
portion of uncompensated trauma care.
 
Methodolgy
 
The numbers used to estimate the total number of convictions 
that would be subject to the surcharge were based on information 
from the Texas Judicial System: Annual Report for Fiscal Year 
1996.  It is estimated that approximately 70,000 DWI convictions 
and 920,000 traffic-related convictions subject to the provisions 
of this bill would occur annually, for a total revenue of $5,940,000 
per year.

It is assumed that there would be delay in generation 
of revenue during the first year and a delay in distribution 
of the grants during fiscal year 1998.
The probable fiscal implications of implementing the provisions 
of the bill during each of the first  five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable Revenue   Probable           Change in Number   
            Gain/(Loss) to     Savings/(Cost)     of State                                                
            New - Emergency    from New -         Employees from                                          
            Medical Services   Emergency          FY 1997                                                 
            and Trauma Care    Medical Services                                                           
            Fund               and Trauma Care                                                            
                               Fund                                                                       
            NEW-OTH            NEW-OTH                                                                     
       1998        $2,970,000      ($2,970,000)               1.0                                    
       1998         5,940,000       (5,940,000)               2.0                                    
       2000         5,940,000       (5,940,000)               2.0                                    
       2001         5,940,000       (5,940,000)               2.0                                    
       2002         5,940,000       (5,940,000)               2.0                                    
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998                   $0
               1999                    0
               2000                    0
               2001                    0
               2002                    0
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
LOCAL
Counties would realize positive fiscal impacts from the 
provisions of the bill, since 70% of funds appropriated, or 
at least approximately $4.2 million in each fiscal year after 
1998, would be allocated to counties.  The distribution of the 
 appropriated funds would be based on the relative geographic 
size and population of the county and the relative number of 
emergency trauma runs performed by eligible recipients in the 
county.  It is estimated that the 254 counties in the state 
would receive annual grants from the commission ranging from 
$1,000 to each of the smallest counties with low levels of trauma 
runs to $200,000 per fiscal year in the largest and most populous 
counties with highly active trauma service providers.

The 
creation of a new court cost, however, could have adverse effects 
on local courts.  Many municipal court judges and administrators 
contend that after the imposition of additional court costs, 
fines are actually reduced because judges take the new fines 
into consideration when determining the total amount the defendant 
will pay.  According to a recent study by the Texas Municipal 
League, data collected from a survey of 125 cities shows that 
over a four-year period municipal court revenue collection increased 
from $67.9 million to $73.9 million, an increase of 8.9 percent, 
while revenue retained by the municipalities actually decreased 
over the same period, from $56.1 million to $55.8 million, a 
decrease of 0.5%.  Any such losses to counties would be offset 
by the receipt of new trauma care funds as provided by the bill. 
 For municipalities, however, the bill could result in nominal 
negative fiscal implications.
          
   Source:            Agencies:   304   Comptroller of Public Accounts
                                         501   Department of Health
                                         
                      LBB Staff:   JK ,RR ,KF ,TL