By: Deuell  S.B. No. 2476
         (In the Senate - Filed March 30, 2009; March 31, 2009, read
  first time and referred to Committee on Health and Human Services;
  April 22, 2009, reported favorably by the following vote:  Yeas 9,
  Nays 0; April 22, 2009, sent to printer.)
 
 
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.
 
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