By: Deuell S.B. No. 2476

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the North Texas Trauma and Burn Authority in Trauma Service Area E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle D, Title 4, Health and Safety Code, is amended by adding Chapter 291 to read as follows:

CHAPTER 291. NORTH TEXAS TRAUMA AND BURN AUTHORITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 291.001. SHORT TITLE. This chapter may be cited as the North Texas Trauma and Burn Authority Act.

Sec. 291.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The purposes of this chapter are:

(1) the development, implementation, management, and supervision of an integrated and cohesive system for improved Level I and Level II trauma and burn care in the 19 counties of northern Texas that comprise Trauma Service Area E;

(2) the creation of regional trauma and burn authorities to develop and implement plans to design, modify, and expand infrastructure to support trauma care facilities;

(3) the reduction of burdens and demands on the limited funds available for trauma care and to increase the effectiveness and efficiency of expenditures for trauma care; and

(4) to seek funding from the federal government under the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and from other funding sources.

(b) This chapter shall be liberally construed to effect its purposes.

Sec. 291.003. DEFINITIONS. In this chapter:

(1) "Authority" means the North Texas Trauma and Burn Authority (NTTBA).

(2) "Board" means the board of the authority.

Sec. 291.004. CREATION OF AUTHORITY. An authority is created in Trauma Service Area E, as defined by 25 T.A.C. Section 157.122, and includes Collin, Cooke, Dallas, Denton, Ellis, Erath, Fannin, Grayson, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise Counties.

Sec. 291.005. POLITICAL SUBDIVISION. The authority is a political subdivision of this state.

[Sections 291.006-291.100 reserved for expansion]

SUBCHAPTER B. AUTHORITY ADMINISTRATION

Sec. 291.101. BOARD; APPOINTMENT. (a) The authority is governed by a board of nine members appointed as provided by this section.

(b) The commissioners court of Dallas County shall appoint three members.

(c) The commissioners court of Tarrant County shall appoint two members.

(d) The commissioners courts of Cooke, Denton, and Wise Counties shall collectively appoint one member.

(e) The commissioners courts of Collin, Fannin, and Grayson Counties shall collectively appoint one member.

(f) The commissioners courts of Ellis, Hunt, Kaufman, and Rockwall Counties shall collectively appoint one member.

(g) The commissioners courts of Erath, Hood, Johnson, Palo Pinto, Parker, and Somervell Counties shall collectively appoint one member.

(h) If the commissioners courts cannot agree on a member to appoint under Subsection (d), (e), (f), or (g), board members that have been appointed to the authority shall select a representative from the group of counties whose commissioners courts could not agree on an appointment.

Sec. 291.102. TERM. (a) A board member serves a three-year term. Terms shall be staggered so that one-third of the board members' terms expire each year.

(b) The initial board members shall draw lots to determine which members serve a one-year term, which members serve a two-year term, and which members serve a three-year term.

Sec. 291.103. QUALIFICATIONS OF BOARD MEMBERS. To be eligible to serve as a member of the board, a person must:

(1) be a United States citizen;

(2) be 18 years of age or older on the first day of the term the person is appointed to fill; and

(3) be knowledgeable in the field of health care, transportation, or local government.

Sec. 291.104. VACANCY. (a) If a vacancy occurs on the board, the commissioners court or courts that originally appointed the position vacated shall appoint a qualified person to fill the vacancy not later than the 30th day after the date the vacancy occurs.

(b) If the commissioners court or courts fail to appoint a member to the board to fill a vacancy by the 30th day after the date the vacancy occurs, the remaining members of the board may, by vote of the board, appoint a replacement.

Sec. 291.105. OFFICERS. (a) The board shall elect from among its members:

(1) a chair;

(2) a vice chair to preside in the chair's absence; and

(3) a secretary.

(b) The chair, vice chair, and secretary shall each serve in that office until the expiration of the person's term as a member of the board.

Sec. 291.106. COMPENSATION; EXPENSES. A member of the board serves without compensation but may, on the approval of the entire board, be reimbursed for actual expenses incurred in the performance of the member's official duties.

[Sections 291.107-291.200 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 291.201. POWERS AND DUTIES. (a) The authority shall:

(1) be responsible for the development, implementation, management, and supervision of an integrated and cohesive system for improved Level I and Level II trauma and burn care in the counties of northern Texas that comprise Trauma Service Area E;

(2) develop and prepare to manage a plan to handle mass casualties resulting from any large-scale medical emergency including a pandemic outbreak, natural disaster, or homeland security event;

(3) seek funding from the federal government under the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and from other funding sources;

(4) coordinate the allocation of resources for trauma and burn services across its multicounty service area;

(5) assist in the provision of transportation services needed for trauma victims and in the event of a large-scale disaster;

(6) manage funds received from all sources to support the efficient provision of trauma and burn services and direct those funds to the appropriate trauma facilities;

(7) assist in the recruitment and retention of trauma service providers;

(8) conduct or support research that improves the quality and effectiveness of Level I and Level II trauma and burn patient care in Trauma Service Area E by comparing the clinical outcomes, effectiveness, and appropriateness of procedures for the diagnosis and treatment of Level I and Level II trauma and burns; and

(9) create a regional electronic clinical data network and information exchange that will collect and share all clinical data regarding Level I and Level II trauma and burn patient care services provided in Trauma Service Area E and that will serve as the primary network and information exchange in the event of a pandemic outbreak, natural disaster, or medically related homeland security event.

(b) The authority, acting through its board and without state approval, may:

(1) adopt rules for the regulation of the authority's affairs;

(2) adopt an official seal;

(3) acquire, hold, and dispose of property in the exercise of the authority's powers and the performance of the authority's duties under this chapter;

(4) enter into contracts or agreements necessary or incidental to the authority's duties and powers under this chapter; and

(5) do all things necessary or appropriate to carry out the powers expressly granted by this chapter.

(c) The authority may sue and be sued in the authority's own name.

Sec. 291.202. EXECUTIVE DIRECTOR; DUTIES. (a) The board shall appoint a person qualified by training and experience as the executive director for the authority.

(b) The executive director serves at the will of the board and for a term of not more than four years.

(c) The executive director is entitled to compensation as determined by the board.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.