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A BILL TO BE ENTITLED
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AN ACT
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relating to funding for emergency medical air transportation |
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provided to patients enrolled in the state Medicaid program; |
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imposing a surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 773, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. EMERGENCY MEDICAL AIR TRANSPORTATION FUNDING |
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Sec. 773.251. EMERGENCY MEDICAL AIR TRANSPORTATION |
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ACCOUNT. (a) The emergency medical air transportation account is |
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established as a dedicated account in the general revenue fund. The |
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account is composed of: |
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(1) money deposited to the credit of the account |
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derived from court costs imposed under Article 102.021, Code of |
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Criminal Procedure; and |
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(2) interest earned on the investment of money in the |
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account and depository interest allocable to the account. |
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(b) Money in the emergency medical air transportation |
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account may be appropriated only to the Health and Human Services |
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Commission to provide reimbursements under the medical assistance |
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program under Chapter 32, Human Resources Code, to providers of |
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emergency medical air transportation services, regardless of |
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whether federal Medicaid matching funds are available for that |
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medical assistance. |
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(c) The emergency medical air transportation account is |
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exempt from the application of Section 403.095. Interest earned on |
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money in the account shall be credited to the account. |
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Sec. 773.252. RULES. (a) The executive commissioner shall |
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adopt rules to implement this subchapter. |
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(b) In adopting rules under this section, the executive |
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commissioner shall consult and collaborate with emergency medical |
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air transportation providers in this state to determine the |
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appropriate methodology to distribute money in the emergency |
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medical air transportation account to those entities. |
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Sec. 773.253. FEDERAL FUNDING AND WAIVERS. (a) The |
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executive commissioner shall take all necessary actions to receive |
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the greatest amount of federal financial participation for the |
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payments under this subchapter, including using the money in the |
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emergency medical air transportation account paid to emergency |
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medical air transportation service providers through the medical |
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assistance program under Chapter 32, Human Resources Code, to |
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obtain additional federal matching funds. |
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(b) The executive commissioner shall seek any federal |
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approvals or waivers necessary to implement this subchapter, |
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including by submitting any necessary Medicaid state plan |
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amendments, but may not delay implementation of this subchapter |
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because an approval or waiver has not been granted. |
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SECTION 2. Subchapter A, Chapter 102, Code of Criminal |
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Procedure, is amended by adding Article 102.021 to read as follows: |
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Art. 102.021. COSTS ON CONVICTION TO FUND EMERGENCY MEDICAL |
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AIR TRANSPORTATION SERVICES. (a) In this article, "moving |
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violation" means an offense that: |
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(1) involves the operation of a motor vehicle; and |
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(2) is classified as a moving violation by the |
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Department of Public Safety under Section 708.052, Transportation |
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Code. |
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(b) A defendant convicted of a moving violation in a justice |
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court, county court, county court at law, or municipal court shall |
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pay a $5 surcharge as a cost of court. |
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(c) In this article, a person is considered convicted if: |
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(1) a sentence is imposed on the person; |
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(2) the person receives community supervision, |
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including deferred adjudication; or |
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(3) the court defers final disposition of the person's |
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case. |
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(d) The clerks of the respective courts shall collect the |
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costs described by this article. The clerk shall keep separate |
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records of the funds collected as costs under this article and shall |
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deposit the funds in the county or municipal treasury, as |
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appropriate. |
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(e) The custodian of a county or municipal treasury shall: |
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(1) keep records of the amount of funds on deposit |
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collected under this article; and |
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(2) send to the comptroller before the last day of the |
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first month following each calendar quarter the funds collected |
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under this article during the preceding quarter. |
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(f) If no funds due as costs under this article are |
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deposited in a county or municipal treasury in a calendar quarter, |
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the custodian of the treasury shall file the report required for the |
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quarter in the regular manner and must state that no funds were |
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collected. |
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(g) The comptroller shall deposit the funds received under |
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this article to the credit of the emergency medical air |
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transportation account under Section 773.251, Health and Safety |
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Code. |
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SECTION 3. Subchapter D, Chapter 102, Government Code, is |
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amended by adding Section 102.0611 to read as follows: |
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Sec. 102.0611. EMERGENCY MEDICAL AIR TRANSPORTATION |
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ACCOUNT SURCHARGE ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF |
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CRIMINAL PROCEDURE. The clerk of a statutory county court shall |
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collect from a defendant an emergency medical air transportation |
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account surcharge of $5 under Article 102.021, Code of Criminal |
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Procedure, on conviction of a moving violation. |
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SECTION 4. Subchapter E, Chapter 102, Government Code, is |
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amended by adding Section 102.0811 to read as follows: |
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Sec. 102.0811. EMERGENCY MEDICAL AIR TRANSPORTATION |
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ACCOUNT SURCHARGE ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL |
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PROCEDURE. The clerk of a county court shall collect from a |
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defendant an emergency medical air transportation account |
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surcharge of $5 under Article 102.021, Code of Criminal Procedure, |
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on conviction of a moving violation. |
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SECTION 5. Subchapter F, Chapter 102, Government Code, is |
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amended by adding Section 102.1011 to read as follows: |
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Sec. 102.1011. EMERGENCY MEDICAL AIR TRANSPORTATION |
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ACCOUNT SURCHARGE ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL |
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PROCEDURE. The clerk of a justice court shall collect from a |
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defendant an emergency medical air transportation account |
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surcharge of $5 under Article 102.021, Code of Criminal Procedure, |
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on conviction of a moving violation. |
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SECTION 6. Subchapter G, Chapter 102, Government Code, is |
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amended by adding Section 102.1211 to read as follows: |
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Sec. 102.1211. EMERGENCY MEDICAL AIR TRANSPORTATION |
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ACCOUNT SURCHARGE ON CONVICTION IN MUNICIPAL COURT: CODE OF |
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CRIMINAL PROCEDURE. The clerk of a municipal court shall collect |
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from a defendant an emergency medical air transportation account |
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surcharge of $5 under Article 102.021, Code of Criminal Procedure, |
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on conviction of a moving violation. |
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SECTION 7. Not later than January 1, 2014, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the initial rules under Section 773.252, Health and Safety |
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Code, as added by this Act. |
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SECTION 8. The imposition of a cost of court under Article |
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102.021, Code of Criminal Procedure, as added by this Act, applies |
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only to an offense committed on or after the effective date of this |
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 9. This Act takes effect September 1, 2013. |