Amend CSHB 2085 as follows:
(1) On page 132, between lines 11 and 12, insert the
following sections, to be numbered appropriately:
SECTION ____. Sections 773.122(a), (c), (d), and (f), Health
and Safety Code, are amended to read as follows:
(a) The commissioner, with advice and counsel from the
chairpersons of the trauma service area regional advisory councils,
shall use money in the emergency medical services and trauma care
system fund established under Section 773.121 to fund <county and>
regional emergency medical services and trauma care systems in
accordance with this section.
(c) In any fiscal year the commissioner shall use at least
70 percent of the appropriated money remaining in the emergency
medical services and trauma care system fund, after any amount
necessary to maintain the reserve established by Subsection (b) is
deducted, to fund, in connection with an effort to provide
coordination with the appropriate trauma service <support> area,
the cost of supplies, operational expenses, education and
training, equipment, vehicles, and communications systems for local
emergency medical services. The money shall be distributed on
behalf of eligible recipients in each county to the trauma service
area regional advisory council for that county, if the regional
advisory council is incorporated as an entity that is exempt from
federal income tax under Section 501(a), Internal Revenue Code of
1986, and its subsequent amendments, by being listed as an exempt
organization under Section 501(c)(3) of the code. For a county for
which the regional advisory council is not incorporated as such an
entity, the money shall be distributed to the county <to counties>
on behalf of eligible recipients. The <A county's> share of the
money allocated to the eligible recipients in a county's geographic
area shall be based on the relative geographic size and population
of the county and on the relative trauma death rates in the county
<number of emergency or trauma care runs performed by eligible
recipients in the county>. Money that is not disbursed by a
regional advisory council or a county to eligible recipients for
approved functions by the end of the fiscal year in which the funds
were disbursed <to the county> shall be returned to the fund to be
used in accordance with Subsection (f).
(d) In any fiscal year, the commissioner may use not more
than 25 percent of the appropriated money remaining in the
emergency medical services and trauma care system fund, after any
amount necessary to maintain the reserve established by Subsection
(b) is deducted, for operation of the 22 trauma service <support>
areas and for equipment, communications, and education and training
for the areas. Money distributed under this subsection shall be
distributed on behalf of eligible recipients in each county to the
trauma service area regional advisory council for that county, if
the regional advisory council is incorporated as an entity that is
exempt from federal income tax under Section 501(a), Internal
Revenue Code of 1986, and its subsequent amendments, by being
listed as an exempt organization under Section 501(c)(3) of the
code. For a county for which the regional advisory council is not
incorporated as such an entity, the money shall be distributed to
the county in which the chairperson of an area's regional advisory
council sits on behalf of eligible recipients. A regional advisory
council's share of money distributed under this section shall be
based on the relative geographic size and population of each trauma
service <support> area and on the relative trauma death rates in
the county <amount of trauma care provided>. Money that is not
disbursed by a regional advisory council or county to eligible
recipients for approved functions by the end of the fiscal year in
which the funds were disbursed <to the county> shall be returned
to the fund to be used in accordance with Subsection (f).
(f) In any fiscal year, the commissioner shall use at least
two percent of the appropriated money remaining in the emergency
medical services and trauma care system fund after any amount
necessary to maintain the reserve established by Subsection (b) is
deducted and the money in the fund not otherwise distributed under
this section to fund a portion of the uncompensated trauma care
provided at facilities designated as state trauma facilities by the
department. A regional advisory council chairperson may petition
the department for disbursement of funds to a trauma center in the
chairperson's trauma service <support> area that has suffered
deleterious effects due to uncompensated trauma care. Funds may be
disbursed under this subsection based on a proportionate share of
uncompensated trauma care provided in the state and may be used to
fund innovative projects to enhance the delivery of patient care in
the overall emergency medical services and trauma care system.
SECTION ____. Sections 773.123(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Except as provided by Subsection (b), money distributed
from the emergency medical services and trauma care system fund
shall be used in accordance with Section 773.122 on the
authorization of:
(1) the executive committee of the trauma service area
regional advisory council, in those regions where the money is
distributed on behalf of eligible recipients to the regional
advisory council; and
(2) the chief executive of the county to which the
money is disbursed on vouchers issued by the county's treasurer.
(b) In a county with a population of 291,000 or more for
which<,> money distributed from the emergency medical services and
trauma care system fund is not distributed to a trauma service area
regional advisory council, the money shall be used in accordance
with Section 773.122 on the joint authorization of the chief
executive of the county to which the money is disbursed and the
mayor of the principal municipality in that county on vouchers
issued by the county's treasurer.
SECTION ____. Section 773.124, Health and Safety Code, is
amended to read as follows:
Sec. 773.124. LOSS OF FUNDING ELIGIBILITY. For a period of
not less than one year or more than three years, as determined by
the department, the department may not disburse money under Section
773.122 to a trauma service area regional advisory council, county,
municipality, or local recipient that the department finds used
money in violation of that section.
(2) On page 132, between lines 15 and 16, insert the
following section, to be numbered appropriately:
SECTION ____. The change in law made by this Act to Sections
773.122, 773.123, and 773.124, Health and Safety Code, applies only
to distributions made from the emergency medical services and
trauma care system fund established under Section 773.121, Health
and Safety Code, that are made on or after that date.
Distributions from the fund that are made before the effective date
of this Act are governed by the law as it existed immediately
before that date, and that law is continued in effect for that
purpose.
(3) Renumber sections of Article 19 of the bill
appropriately.