78R5093 YDB-D

By:  Madla                                                        S.B. No. 528



A BILL TO BE ENTITLED

AN ACT

relating to certain money received by a regional advisory council 
for trauma care.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 773.122(c) and (d), Health and Safety 
Code, are amended to read as follows:
	(c)  In any fiscal year the commissioner shall use at least 
70 percent of the appropriated money remaining in 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, 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 on behalf of 
eligible recipients.  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 or a county to eligible recipients for 
approved functions by the end of the fiscal year in which the funds 
were disbursed may be retained by the council or county [shall be 
returned to the account] to be used during the following fiscal year 
in accordance with this subsection [Subsection (f)].  Money that is 
not disbursed by the council or county during the following fiscal 
year shall be returned to the account.
	(d)  In any fiscal year, the commissioner may use not more 
than 25 percent of the appropriated money remaining in 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, 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 area and on the relative 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 may be retained by the 
council or county [shall be returned to the account] to be used 
during the following fiscal year in accordance with this subsection
[Subsection (f)].  Money that is not disbursed by the council or 
county during the following fiscal year shall be returned to the 
account.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to funds disbursed under Section 773.122, Health and 
Safety Code, on or after that date.  Funds disbursed under Section 
773.122, Health and Safety Code, before September 1, 2003, are 
governed by the law as it existed immediately before that date, and 
that law is continued in effect for that purpose.