S.B. 1131 78(R)    BILL ANALYSIS

S.B. 1131
By: Harris
Public Health
Committee Report (Unamended)

Currently, fees collected from intoxication convictions are not used to
fund certain emergency 
medical services, trauma facilities and trauma care systems. The bill
creates a new fund at 
the Texas Department of Health's Bureau of Emergency Management for those
monies collected 
from intoxication convictions to be used to fund emergency medical


It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or


The bill amends Subchapter A, Chapter 773, Health and Safety Code, by
adding Section 
773.006.   The bill provides that the fund for emergency medical services,
trauma facilities, and trauma care systems is established as an account in
the general revenue fund. Authorizes money in the account to be
appropriated only to the bureau of emergency management for the purposes
specified by Section 773.122. In addition the bill provides that the
account is composed of money deposited to the account under Article
102.0185, Code of Criminal Procedure, and the earnings of the account.
However, sections 403.095 and 404.071 of the Government Code, do not apply
to the account. Furthermore, "designated trauma facilities"  are added to
the list of medical entities to be funded. 

The bill increases the reserve of money appropriated from an account for
emergencies from $250,000 to $500,000. The bill requires that 50, rather
than 70, percent of appropriated money be used to fund certain services.
In addition the bill requires the regional advisory council to be
incorporated as an entity that is exempt from federal income tax, in order
to receive a distribution under this subsection. Deletes current language
relating to the distribution of money to eligible recipients for a county
that is not incorporated. Authorizes money that is not disbursed by a
regional advisory council, rather than a regional advisory council or a
county, to eligible recipients to be retained by the regional advisory
council, rather than requiring it to be returned to the account, to be
used during the fiscal year in accordance with this subsection, rather
than Subsection (f). Requires money that is not disbursed by the regional
advisory council during the following fiscal year to be returned to the

The bill prohibits the commissioner of health from using more than 20,
rather 25, percent of the appropriated money to maintain the reserve for
operation of the 22 trauma service areas and other needs.  The bill
increases the percentage of appropriated money to fund a portion of
uncompensated trauma care from two to 27 percent. Authorizes the
administrator of a designated facility to request a regional advisory
council chairperson to petition the Texas Department of Health (TDH) for
disbursement of funds to a designated trauma facility. The bill requires
money to be used on the authorization of the executive committee of the
service area regional advisory council.

The bill provides that a person convicted of an offense under Chapter 49,
Penal Code (Intoxication and Alcoholic Beverage Offenses), except for
Sections 49.02 and 49.031, in addition to the costs on conviction imposed
by Articles 102.016 and 102.018, to pay $100 on conviction of the offense.
In addition the bill provides that costs imposed under this article are
imposed without regard to whether the defendant is placed on community
supervision after being convicted of the offense or receives  deferred
disposition or deferred adjudication for the offense. 

Provides that costs imposed under this article are collected in the same
manner as other costs collected under Article 102.075. The officer
collecting the costs under this article is required  to keep separate
records of the money collected and shall pay the money to the custodian of
the municipal or county treasury. The comptroller is required to deposit
the funds received under this article to the credit of the account
established under Section 771.072(f), Health and Safety Code.  
This Act takes effect September 1, 2003..

September 1, 2003.