78(R) HB 3203 - House Committee Report version


                                                                                
78R9658 JD-F


By:  Delisi, Capelo, Driver, Heflin,                              H.B. No. 3203
 
    Cook of Colorado, et al.                                                 

Substitute the following for H.B. No. 3203:                                   

By:  Garza                                                    C.S.H.B. No. 3203



A BILL TO BE ENTITLED

AN ACT

relating to the creation of the driver responsibility program to 
fund certain emergency medical services, trauma facilities, and 
trauma care systems in this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle I, Title 7, Transportation Code, is 
amended by adding Chapter 707 to read as follows:

CHAPTER 707.  DRIVER RESPONSIBILITY PROGRAM

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 707.001.  DEFINITIONS.  In this chapter, "department" 
and "license" have the meanings assigned by Section 521.001.
	Sec. 707.002.  RULES.  The department shall adopt and 
enforce rules to implement and enforce this chapter.
	Sec. 707.003.  FINAL CONVICTIONS.  For purposes of this 
chapter, a conviction for an offense to which this chapter applies 
is a final conviction, regardless of whether the sentence is
probated.

[Sections 707.004-707.050 reserved for expansion]

SUBCHAPTER B.  DRIVER'S LICENSE POINTS SURCHARGE
	Sec. 707.051.  NONAPPLICABILITY.  This subchapter does not 
apply to:  
		(1)  a conviction that became final before September 1, 
2003; or     
		(2)  an offense covered by Subchapter C.                               
	Sec. 707.052.  ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS.  
(a)  The driver's license of a person accumulates a point under this 
subchapter as of the date the department records:
		(1)  the related conviction under Section 521.042 or 
other applicable law; or
		(2)  the related license suspension under Chapter 601 
or 724.        
	(b)  For each conviction arising out of a separate 
transaction, the department shall assign points to a person's 
license as follows:
		(1)  one point for an offense under Section 545.413 or 
an analogous law of another state;
		(2)  two points for a moving violation of the traffic 
law of this state or another state that is not described by 
Subdivision (1) or (3); and
		(3)  three points for a moving violation of the traffic 
law of this state, another state, or a political subdivision of this 
or another state that resulted in an accident.
	(c)  The department by rule shall designate the offenses that 
constitute a moving violation of the traffic law under this 
section.
	Sec. 707.053.  ANNUAL SURCHARGE FOR POINTS.  Each year, the 
department shall assess a surcharge on the license of a person who 
has accumulated six or more points under this subchapter during the 
preceding 36-month period.
	Sec. 707.054.  AMOUNT OF POINTS SURCHARGE.  The amount of a 
surcharge under this chapter is $100 for the first six points and 
$25 for each additional point.
	Sec. 707.055.  NOTICE OF ASSIGNMENT OF FIFTH POINT.  The 
department shall notify the holder of a driver's license of the 
assignment of a fifth point on that license by first class mail sent 
to the person's most recent address as shown on the records of the 
department.

[Sections 707.056-707.100 reserved for expansion]

SUBCHAPTER C.  SURCHARGES FOR CERTAIN CONVICTIONS AND

LICENSE SUSPENSIONS
	Sec. 707.101.  NONAPPLICABILITY.  This subchapter does not 
apply to a conviction or a license suspension that became final 
before September 1, 2003.
	Sec. 707.102.  SURCHARGE FOR CONVICTION OF CERTAIN 
INTOXICATED DRIVER OFFENSES.  (a)  In this section, "offense 
relating to the operating of a motor vehicle while intoxicated" has 
the meaning assigned by Section 49.09, Penal Code.
	(b)  Each year the department shall assess a surcharge on the 
license of each person who during the preceding 36-month period has 
been finally convicted of an offense relating to the operating of a 
motor vehicle while intoxicated.
	(c)  The amount of a surcharge under this section is $1,000 
per year, except that for a third or subsequent conviction within a 
36-month period, the amount of the surcharge is $1,500 per year.
	(d)  A surcharge under this section for the same conviction 
may not be assessed in more than three years.
	Sec. 707.103.  SURCHARGE FOR LICENSE SUSPENSION FOR REFUSAL 
TO CONSENT TO BLOOD OR BREATH TEST.  (a)  Each year the department 
shall assess a surcharge on the license of each person who during 
the preceding 36-month period has had the person's license 
suspended under Chapter 724 for a refusal to consent to the taking 
of a specimen of the person's blood or breath to test for 
intoxication.
	(b)  The amount of a surcharge under this section is $1,000 
per year, except that for a third or subsequent license suspension  
within a 36-month period, the amount of the surcharge is $1,500 per 
year.
	(c)  A surcharge under this section for the same license 
suspension may not be assessed in more than three years.
	(d)  If the conviction of the person for an offense relating 
to the operating of a motor vehicle while intoxicated and the 
suspension of license of the person arose from the same 
transaction, the department may assess points to the person's 
license for the conviction under Section 707.101 or the license 
suspension under this section, but not both.
	Sec. 707.104.  SURCHARGE FOR CONVICTION OF DRIVING WHILE 
LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY.  (a)  Each 
year the department shall assess a surcharge on the license of each 
person who during the preceding 36-month period has been convicted 
of an offense under Section 521.457, 601.191, or 601.371.
	(b)  The amount of a surcharge under this section is $250 per 
year.   
	Sec. 707.105.  SURCHARGE FOR CONVICTION OF DRIVING WITHOUT 
VALID LICENSE.  (a)  Each year the department shall assess a 
surcharge on the license of a person who during the preceding 
36-month period has been convicted of an offense under Section 
521.021.
	(b)  The amount of a surcharge under this section is $100 per 
year.   
	(c)  A surcharge under this section for the same conviction  
may not be assessed in more than three years.

[Sections 707.106-707.150 reserved for expansion]

SUBCHAPTER D.  COLLECTION OF SURCHARGES
	Sec. 707.151.  NOTICE OF SURCHARGE.  The department shall 
notify the holder of a driver's license of the assessment of a 
surcharge on that license by first class mail sent to the person's 
most recent address as shown on the records of the department.  The 
notice must specify the date by which the surcharge must be paid and 
state the consequences of a failure to pay the surcharge.
	Sec. 707.152.  FAILURE TO PAY SURCHARGE.   (a)  If before the 
30th day after the date the department sends a notice under Section 
707.151 the person fails to pay the amount of a surcharge on the 
person's license or fails to enter into an  installment payment 
agreement with the department, the license of the person is 
automatically suspended.
	(b)  A license suspended under this section remains 
suspended until the person pays:
		(1)  the amount of the surcharge and any related costs; 
and          
		(2)  the reinstatement fee imposed by Section 521.313.                 
	Sec. 707.153.  INSTALLMENT PAYMENT OF SURCHARGE.  (a)  The 
department by rule shall provide for the payment of a surcharge in 
installments.
	(b)  A rule under this section:                                         
		(1)  may not permit a person to pay a surcharge:                       
			(A)  of less than $2,300 over a period of more than 
12 consecutive months; or
			(B)  of $2,300 or more over a period of more than 
24 consecutive months; and
		(2)  may provide that if the person fails to make a 
required installment payment, the department may declare the amount 
of the unpaid surcharge immediately due and payable.
	Sec. 707.154.  CREDIT CARD PAYMENT OF SURCHARGE.  (a)  The 
department by rule may authorize the payment of a surcharge by use 
of a credit card.  The rules shall require the person to pay all 
costs incurred by the department in connection with the acceptance 
of the credit card.
	(b)  If a surcharge or a related cost is paid by credit card 
and the amount is subsequently reversed by the issuer of the credit 
card, the license of the person is automatically suspended.
	(c)  A license suspended under this section remains 
suspended until the person pays:
		(1)  the amount of the surcharge and any related costs; 
and          
		(2)  the reinstatement fee imposed by Section 521.313.                 
	Sec. 707.155.  CONTRACTS FOR COLLECTION OF SURCHARGES.  The 
department may enter into a contract with a private attorney or a 
public or private vendor for the provision of services for the 
collection of surcharges receivable under this chapter.
	Sec. 707.156.  REMITTANCE OF SURCHARGES COLLECTED TO 
COMPTROLLER.  Each surcharge collected by the department under this 
chapter shall be remitted to the comptroller as required by Section 
780.002, Health and Safety Code.
	SECTION 2.  Subtitle B, Title 9, Health and Safety Code, is 
amended by adding Chapter 780 to read as follows:

CHAPTER 780.  TRAUMA FACILITIES AND EMERGENCY MEDICAL SERVICES
	Sec. 780.001.  DEFINITIONS. In this chapter:                            
		(1)  "Account" means the designated trauma facility and 
emergency medical services account established under Section 
780.003.
		(2)  "Commissioner" means the commissioner of public 
health.         
		(3)  "Department" means the Texas Department of Health.                
	Sec. 780.002.  DEPOSITS TO ACCOUNT.  (a)  On the first Monday 
of each month, the Department of Public Safety shall remit the 
surcharges collected during the previous month under the driver 
responsibility program operated by that department under Chapter 
707, Transportation Code, to the comptroller.
	(b)  The comptroller shall deposit 99 percent of the amount 
of the surcharges collected to the account established under this 
chapter.  The remaining one percent of the amount of the surcharges 
shall be deposited to the general revenue fund and may be 
appropriated only to the Department of Public Safety for 
administration of the driver responsibility program operated by 
that department under Chapter 707, Transportation Code.
	Sec. 780.003.  ACCOUNT.  (a)  The designated trauma facility 
and emergency medical services account is created as an account in 
the state treasury.  Money in the account may be appropriated only 
to the department for the purposes described by Section 780.004.
	(b)  The account is composed of money deposited to the credit 
of the account under Section 780.002, and the earnings of the 
account.
	(c)  Sections 403.095 and 404.071, Government Code, do not 
apply to the account.
	Sec. 780.004.  PAYMENTS FROM THE ACCOUNT.  (a)  The 
commissioner, with advice and counsel from the chairpersons of the 
trauma service area regional advisory councils, shall use money 
appropriated from the account established under this chapter to 
fund designated trauma facilities, county and regional emergency 
medical services, and trauma care systems in accordance with this 
section.
	(b)  The commissioner shall maintain a reserve of $500,000 of 
money appropriated from the account for extraordinary emergencies.
	(c)  In any fiscal year, the commissioner shall use at least 
96 percent of the money appropriated from the account, after any 
amount necessary to maintain the reserve established by Subsection 
(b) is deducted, to fund a portion of the uncompensated trauma care 
provided at facilities designated as state trauma facilities by the 
department.  The administrator of a designated facility may request 
a regional advisory council chairperson to petition the department 
for disbursement of funds to a designated trauma facility in the 
chairperson's trauma service area that has provided 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.
	(d)  In any fiscal year, the commissioner shall use not more 
than two percent of the money appropriated from the account, 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 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.  To receive a 
distribution under this subsection, the regional advisory council 
must be 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.  The 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 number of emergency or trauma care runs 
performed by eligible recipients in the county. Money that is not 
disbursed by a regional advisory council to eligible recipients for 
approved functions by the end of the fiscal year in which the funds 
were disbursed shall be returned to the department to be used in 
accordance with Subsection (c).
	(e)  In any fiscal year, the commissioner may use not more 
than one percent of the money appropriated from the account, after 
any amount necessary to maintain the reserve established by 
Subsection (b) is deducted, for operation of the 22 trauma service 
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.  To 
receive a distribution under this subsection, the regional advisory 
council must be 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.  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 area and on the relative amount of trauma care 
provided.  Money that is not disbursed by a regional advisory 
council to eligible recipients for approved functions by the end of 
the fiscal year in which the funds were disbursed shall be returned 
to the department to be used in accordance with Subsection (c).
	(f)  In any fiscal year, the commissioner may use not more 
than one percent of money appropriated from the account, after any 
amount necessary to maintain the reserve established by Subsection 
(b) is deducted, to fund the administrative costs of the bureau of 
emergency management of the department associated with 
administering the trauma program, the state emergency medical 
services program, and the account and to fund the costs of 
monitoring and providing technical assistance for those programs 
and that account.
	Sec. 780.005.  CONTROL OF EXPENDITURES FROM THE ACCOUNT.  
Money distributed under Section 780.004 shall be used in accordance 
with Section 780.004 on the authorization of the executive 
committee of the trauma service area regional advisory council.
	Sec. 780.006.  LOSS OF FUNDING ELIGIBILITY.  For a period of 
not less than one year or more than three years, as determined by 
the commissioner, the department may not disburse money under 
Section 780.004 to a county, municipality, or local recipient that 
the commissioner finds used money in violation of that section.
	SECTION 3.  This Act takes effect September 1, 2003.                           
	SECTION 4.  Not later than December 1, 2004, the Texas 
Department of Health shall submit to the lieutenant governor and 
the speaker of the house of representatives a report concerning the 
use of money under Chapter 780, Health and Safety Code, as added by 
this Act, and any recommended changes to law to ensure appropriate 
funding and coordination of services.