C.S.H.B. 1930 78(R) BILL ANALYSIS
C.S.H.B. 1930
By: Capelo
Public Health
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, the fees and administrative penalties generated by the
Emergency Management Services (EMS) program administered by the Texas
Department of Health do not cover the costs needed to the administer the
program. The fees and penalties are set into statute and have not been
updated to cover the administration costs and currently cover less than
36% of the programs costs. Administrative penalties are capped at $1000
and do not provide ample penalty for repeat offenders.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Board of Health in SECTION 11 (Section 773.116,
Health and Safety Code) of this bill. It is the committee's opinion that
rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 10 (Section 773.071, Health and Safety Code) of this bill.
ANALYSIS
The act adjusts the application fees and deposits required for
certification for EMS personnel. The act adjusts the fees for hardship
applications and EMS training programs. The act adjusts the application
and recertification fees for technician paramedics, licensed paramedics,
and emergency medical technicians. The act adjusts the fees for
reexaminations for certification, provisional licenses, and lost or stolen
certifications. The act adjusts the application fees for vehicles and
inspections. The act adjusts the penalty amounts for compliance
violations. The act sets fees for designation of trauma facilities.
EFFECTIVE DATE
September 1, 2003
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute differs from the original in that the substitute sets caps
on the fees collected by the department. The original allowed the
department to recover the costs associated with administering the program
through various fees by rule. The substitute adjusts the caps on the
various fees and fines rather than allowing an uncapped environment.