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H.B. No. 2470
AN ACT
relating to the operations of and the funding mechanisms for
emergency medical services and trauma facility care in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 780.001(2) and (3), Health and Safety
Code, are amended to read as follows:
(2) "Commissioner" means the commissioner of state
health services [public health].
(3) "Department" means the [Texas] Department of State
Health Services.
SECTION 2. Sections 780.004(b)-(f), (h), and (i), Health
and Safety Code, are amended to read as follows:
(b) In each fiscal year, the [The] commissioner shall
[maintain a] reserve [of] $500,000 of any money appropriated from
the account for extraordinary emergencies. Money that is not spent
in a fiscal year shall be transferred to the reserve for the
following fiscal year.
(c) In any fiscal year, the commissioner shall use at least
96 percent of the money appropriated from the account, after any
amount the commissioner is required by Subsection (b) [necessary]
to [maintain the] reserve [established by Subsection (b)] is
deducted, to fund a portion of the uncompensated trauma care
provided at facilities designated as state trauma facilities by the
department or an undesignated facility in active pursuit of
designation. 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.
(d) In any fiscal year, the commissioner shall use not more
than two percent of the money appropriated from the account, after
any amount the commissioner is required by Subsection (b)
[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, the regional advisory council must be 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 that code. 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 to eligible recipients for approved
functions by the end of the fiscal year in which the funds were
disbursed may be retained by the regional advisory council for use
in the following fiscal year in accordance with this subsection.
Money that is not disbursed by the regional advisory council in that
following fiscal year shall be returned to the department to be used
in accordance with Subsection (c).
(e) In any fiscal year, the commissioner may use not more
than one percent of the money appropriated from the account, after
any amount the commissioner is required by Subsection (b)
[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, the regional advisory
council must be 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 that code. 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 to eligible recipients for approved functions by the end of
the fiscal year in which the funds were disbursed may be retained by
the regional advisory council for use in the following fiscal year
in accordance with this subsection. Money that is not disbursed by
the regional advisory council in that following fiscal year shall
be returned to the department to be used in accordance with
Subsection (c).
(f) In any fiscal year, the commissioner may use not more
than one percent of money appropriated from the account, after any
amount the commissioner is required by Subsection (b) [necessary]
to [maintain the] reserve [established by Subsection (b) is
deducted], to fund the administrative costs of the bureau of
emergency management of the department associated with
administering the trauma program, the state emergency medical
services program, and the account and to fund the costs of
monitoring and providing technical assistance for those programs
and that account.
(h) For purposes of this section "pursuit of designation"
means:
(1) submission of an application with the state or
appropriate agency for trauma verification and designation [not
later than December 31, 2003];
(2) submission of data to the department trauma
registry[, provided that only data submitted to the trauma registry
on or after September 1, 2003, will qualify for consideration of
reimbursement under this program];
(3) participation in trauma service area regional
advisory council initiatives [on or before December 31, 2003]; and
(4) creation of a hospital trauma performance
committee [not later than December 31, 2003].
(i) This subsection applies only to an undesignated
facility that applies for trauma verification and designation after
September 1, 2005, and is in active pursuit of designation. The
facility must file a statement of intent to seek the designation,
comply with Subsection (h) not later than the 180th day after the
date the statement of intent is filed, and notify the department of
the facility's compliance with that subsection. If trauma
designation is not attained by an undesignated facility in active
pursuit of designation on or before the second anniversary of the
date the facility notified the department of the facility's
compliance with Subsection (h) [December 31, 2005], any funds
received by the undesignated facility for unreimbursed trauma
services must be returned to the state.
SECTION 3. Section 601.233(a), Transportation Code, is
amended to read as follows:
(a) A citation for an offense under Section 601.191 issued
as a result of Section 601.053 must include, in type larger than
other type on the citation, except for the type of the statement
required by Section 708.105, the following statement:
"A second or subsequent conviction of an offense under
the Texas Motor Vehicle Safety Responsibility Act will
result in the suspension of your driver's license and
motor vehicle registration unless you file and
maintain evidence of financial responsibility with the
Department of Public Safety for two years from the date
of conviction. The department may waive the
requirement to file evidence of financial
responsibility if you file satisfactory evidence with
the department showing that at the time this citation
was issued, the vehicle was covered by a motor vehicle
liability insurance policy or that you were otherwise
exempt from the requirements to provide evidence of
financial responsibility."
SECTION 4. Subchapter C, Chapter 708, Transportation Code,
is amended by adding Section 708.105 to read as follows:
Sec. 708.105. NOTICE OF POTENTIAL SURCHARGE. (a) A
citation issued for an offense under a traffic law of this state or
a political subdivision of this state must include, in type larger
than any other type on the citation, the following statement:
"A conviction of an offense under a traffic law of
this state or a political subdivision of this state may
result in the assessment on your driver's license of a
surcharge under the Driver Responsibility Program."
(b) The warning required by Subsection (a) is in addition to
any other warning required by law.
SECTION 5. Section 708.153(b), Transportation Code, is
amended to read as follows:
(b) A rule under this section:
(1) may not permit a person to pay a surcharge[:
[(A) of less than $2,300] over a period of more
than 36 [12] consecutive months; [or
[(B) of $2,300 or more over a period of more than
24 consecutive months;] and
(2) may provide that if the person fails to make a
required installment payment, the department may declare the amount
of the unpaid surcharge immediately due and payable.
SECTION 6. The following are repealed:
(1) Section 780.007, Health and Safety Code; and
(2) Section 542.4031(k), Transportation Code.
SECTION 7. Section 601.233(a), Transportation Code, as
amended by this Act, and Section 708.105, Transportation Code, as
added by this Act, apply only to a citation that is issued to a
person by a peace officer on or after September 1, 2005.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2470 was passed by the House on May
11, 2005, by the following vote: Yeas 134, Nays 3, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2470 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor