76R11567 DLF-F
By Gallego H.B. No. 1920
Substitute the following for H.B. No. 1920:
By Coleman C.S.H.B. No. 1920
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to distribution of money from the emergency medical
1-3 services and trauma care system fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 773.122(a), (c), (d), and (f), Health
1-6 and Safety Code, are amended to read as follows:
1-7 (a) The commissioner, with advice and counsel from the
1-8 chairpersons of the trauma service area regional advisory councils,
1-9 shall use money in the emergency medical services and trauma care
1-10 system fund established under Section 773.121 to fund [county and]
1-11 regional emergency medical services and trauma care systems in
1-12 accordance with this section.
1-13 (c) In any fiscal year the commissioner shall use at least
1-14 70 percent of the appropriated money remaining in the emergency
1-15 medical services and trauma care system fund, after any amount
1-16 necessary to maintain the reserve established by Subsection (b) is
1-17 deducted, to fund, in connection with an effort to provide
1-18 coordination with the appropriate trauma service [support] area,
1-19 the cost of supplies, operational expenses, education and
1-20 training, equipment, vehicles, and communications systems for local
1-21 emergency medical services. The money shall be distributed on
1-22 behalf of eligible recipients in each county to the trauma service
1-23 area regional advisory council for that county, if the regional
1-24 advisory council is incorporated as an entity that is exempt from
2-1 federal income tax under Section 501(a), Internal Revenue Code of
2-2 1986, and its subsequent amendments, by being listed as an exempt
2-3 organization under Section 501(c)(3) of the code. For a county for
2-4 which the regional advisory council is not incorporated as such an
2-5 entity, the money shall be distributed to the county [to counties]
2-6 on behalf of eligible recipients. The [A county's] share of the
2-7 money allocated to the eligible recipients in a county's geographic
2-8 area shall be based on the relative geographic size and population
2-9 of the county and on the relative trauma death rates in the county
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
2-12 regional advisory council or a county to eligible recipients for
2-13 approved functions by the end of the fiscal year in which the funds
2-14 were disbursed [to the county] shall be returned to the fund to be
2-15 used in accordance with Subsection (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 service [support]
2-21 areas and for equipment, communications, and education and training
2-22 for the areas. Money distributed under this subsection shall be
2-23 distributed on behalf of eligible recipients in each county to the
2-24 trauma service area regional advisory council for that county, if
2-25 the regional advisory council is incorporated as an entity that is
2-26 exempt from federal income tax under Section 501(a), Internal
2-27 Revenue Code of 1986, and its subsequent amendments, by being
3-1 listed as an exempt organization under Section 501(c)(3) of the
3-2 code. For a county for which the regional advisory council is not
3-3 incorporated as such an entity, the money shall be distributed to
3-4 the county in which the chairperson of an area's regional advisory
3-5 council sits on behalf of eligible recipients. A regional advisory
3-6 council's share of money distributed under this section shall be
3-7 based on the relative geographic size and population of each trauma
3-8 service [support] area and on the relative trauma death rates in
3-9 the county [amount of trauma care provided]. Money that is not
3-10 disbursed by a regional advisory council or county to eligible
3-11 recipients for approved functions by the end of the fiscal year in
3-12 which the funds were disbursed [to the county] shall be returned
3-13 to the fund to be used in accordance with Subsection (f).
3-14 (f) In any fiscal year, the commissioner shall use at least
3-15 two percent of the appropriated money remaining in the emergency
3-16 medical services and trauma care system fund after any amount
3-17 necessary to maintain the reserve established by Subsection (b) is
3-18 deducted and the money in the fund not otherwise distributed under
3-19 this section to fund a portion of the uncompensated trauma care
3-20 provided at facilities designated as state trauma facilities by the
3-21 department. A regional advisory council chairperson may petition
3-22 the department for disbursement of funds to a trauma center in the
3-23 chairperson's trauma service [support] area that has suffered
3-24 deleterious effects due to uncompensated trauma care. Funds may be
3-25 disbursed under this subsection based on a proportionate share of
3-26 uncompensated trauma care provided in the state and may be used to
3-27 fund innovative projects to enhance the delivery of patient care in
4-1 the overall emergency medical services and trauma care system.
4-2 SECTION 2. Sections 773.123(a) and (b), Health and Safety
4-3 Code, are amended to read as follows:
4-4 (a) Except as provided by Subsection (b), money distributed
4-5 from the emergency medical services and trauma care system fund
4-6 shall be used in accordance with Section 773.122 on the
4-7 authorization of:
4-8 (1) the executive committee of the trauma service area
4-9 regional advisory council, in those regions where the money is
4-10 distributed on behalf of eligible recipients to the regional
4-11 advisory council; and
4-12 (2) the chief executive of the county to which the
4-13 money is disbursed on vouchers issued by the county's treasurer.
4-14 (b) In a county with a population of 291,000 or more for
4-15 which[,] money distributed from the emergency medical services and
4-16 trauma care system fund is not distributed to a trauma service area
4-17 regional advisory council, the money shall be used in accordance
4-18 with Section 773.122 on the joint authorization of the chief
4-19 executive of the county to which the money is disbursed and the
4-20 mayor of the principal municipality in that county on vouchers
4-21 issued by the county's treasurer.
4-22 SECTION 3. Section 773.124, Health and Safety Code, is
4-23 amended to read as follows:
4-24 Sec. 773.124. LOSS OF FUNDING ELIGIBILITY. For a period of
4-25 not less than one year or more than three years, as determined by
4-26 the department, the department may not disburse money under Section
4-27 773.122 to a trauma service area regional advisory council, county,
5-1 municipality, or local recipient that the department finds used
5-2 money in violation of that section.
5-3 SECTION 4. This Act takes effect September 1, 1999, and
5-4 applies only to distributions made from the emergency medical
5-5 services and trauma care system fund established under Section
5-6 773.121, Health and Safety Code, that are made on or after that
5-7 date. Distributions from the fund that are made before the
5-8 effective date of this Act are governed by the law as it existed
5-9 immediately before that date, and that law is continued in effect
5-10 for that purpose.
5-11 SECTION 5. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.