This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
78R6975 DLF-F
By: Harris S.B. No. 1131
A BILL TO BE ENTITLED
AN ACT
relating to funding of certain emergency medical services, trauma
facilities, and trauma care systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 773.122(a), (b), (c), (d), and (f),
Health and Safety Code, are amended to read as follows:
(a) The commissioner, with advice and counsel from the
chairpersons of the trauma service area regional advisory councils,
shall use money in the account established under Section 771.072(f)
to fund county and regional emergency medical services, designated
trauma facilities, and trauma care systems in accordance with this
section.
(b) The commissioner shall maintain a reserve of $500,000
[$250,000] of money appropriated from the account for extraordinary
emergencies.
(c) In any fiscal year the commissioner shall use 50 [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. To receive a
distribution under this subsection, [if] the regional advisory
council must be [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 shall be returned to the account to be used in
accordance with Subsection (f).
(d) In any fiscal year, the commissioner may use not more
than 20 [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. To receive a distribution under this subsection,
[if] the regional advisory council must be [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
shall be returned to the account to be used in accordance with
Subsection (f).
(f) In any fiscal year, the commissioner shall use at least
27 [two] percent of the appropriated money remaining in the account
after any amount necessary to maintain the reserve established by
Subsection (b) is deducted and the money in the account not
otherwise distributed under this section 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 [A] regional advisory council
chairperson to [may] petition the department for disbursement of
funds to a designated trauma facility [center] in the chairperson's
trauma service area that has provided [suffered deleterious effects
due to] 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.
SECTION 2. Section 773.123, Health and Safety Code, is
amended to read as follows:
Sec. 773.123. CONTROL OF EXPENDITURES FROM ACCOUNT [THE
FUND]. Money [(a) Except as provided by Subsection (b), money]
distributed from the account established under Section 771.072(f)
shall be used in accordance with Section 773.122 on the
authorization of[:
[(1)] the executive committee of the trauma service
area regional advisory council. [, in those regions where the money
is distributed on behalf of eligible recipients to the regional
advisory council; and
[(2) the chief executive of the county to which the
money is disbursed on vouchers issued by the county's treasurer.
[(b) In a county with a population of 291,000 or more for
which money distributed from the account is not distributed to a
trauma service area regional advisory council, the money shall be
used in accordance with Section 773.122 on the joint authorization
of the chief executive of the county to which the money is disbursed
and the mayor of the principal municipality in that county on
vouchers issued by the county's treasurer.
[(c) For the purposes of this section, "principal
municipality" means the municipality with the largest population in
a county to which this section applies.]
SECTION 3. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0185 to read as
follows:
Art. 102.0185. ADDITIONAL COSTS ATTENDANT TO INTOXICATION
CONVICTIONS: EMERGENCY MEDICAL SERVICES, TRAUMA FACILITIES, AND
TRAUMA CARE SYSTEMS. (a) In addition to the costs on conviction
imposed by Articles 102.016 and 102.018, a person convicted of an
offense under Chapter 49, Penal Code, shall pay $100 on conviction
of the offense.
(b) 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.
(c) Costs imposed under this article are collected in the
same manner as other costs collected under Article 102.075.
(d) The officer collecting the costs under this article
shall keep separate records of the money collected and shall pay the
money to the custodian of the municipal or county treasury.
(e) The custodian of the municipal or county treasury shall:
(1) keep records of the amount of money collected
under this article that is deposited with the treasury under this
article; and
(2) not later than the last day of the first month
following each calendar quarter:
(A) pay the money collected under this article
during the preceding calendar quarter to the comptroller; or
(B) if, in the calendar quarter, the custodian of
the municipal or county treasury did not receive any money
attributable to costs paid under this article, file a report with
the comptroller stating that fact.
(f) The comptroller shall deposit the funds received under
this article to the credit of the account established under Section
771.072(f), Health and Safety Code.
SECTION 4. (a) Article 102.0185, Code of Criminal
Procedure, as added by this Act, applies only to an offense
committed on or after the effective date of this Act. For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect at the time the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2003.