CHAPTER 780. TRAUMA FACILITIES AND EMERGENCY MEDICAL SERVICES
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE B. EMERGENCIES
CHAPTER 780. TRAUMA FACILITIES AND EMERGENCY MEDICAL SERVICES
Sec. 780.001. DEFINITIONS. In this chapter:
(1) "Account" means the designated trauma facility and emergency
medical services account established under Section 780.003.
(2) "Commissioner" means the commissioner of state health
services.
(3) "Department" means the Department of State Health Services.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1123, Sec. 1, eff. September 1, 2005.
Sec. 780.002. DEPOSITS TO ACCOUNT. (a) On the first Monday of
each month, the Department of Public Safety shall remit the
surcharges collected during the previous month under the driver
responsibility program operated by that department under Chapter
708, Transportation Code, to the comptroller.
(b) The comptroller shall deposit 49.5 percent of the money
received under Subsection (a) to the credit of the account
established under this chapter and 49.5 percent of the money to
the general revenue fund. The remaining one percent of the amount
of the surcharges shall be deposited to the general revenue fund
and may be appropriated only to the Department of Public Safety
for administration of the driver responsibility program operated
by that department under Chapter 708, Transportation Code.
(c) Notwithstanding Subsection (b), in any state fiscal year the
comptroller shall deposit 49.5 percent of the surcharges
collected under Chapter 708, Transportation Code, to the credit
of the general revenue fund only until the total amount of the
surcharges deposited to the credit of the general revenue fund
under Subsection (b), and the state traffic fines deposited to
the credit of that fund under Section 542.4031(g)(1),
Transportation Code, equals $250 million for that year. If in any
state fiscal year the amount received by the comptroller under
those laws for deposit to the credit of the general revenue fund
exceeds $250 million, the comptroller shall deposit the
additional amount to the credit of the Texas mobility fund.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept.
1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.
2.05, eff. Jan. 11, 2004.
Sec. 780.003. ACCOUNT. (a) The designated trauma facility and
emergency medical services account is created as a dedicated
account in the general revenue fund of the state treasury. Money
in the account may be appropriated only to the department for the
purposes described by Section 780.004.
(b) The account is composed of money deposited to the credit of
the account under Section 780.002, and the earnings of the
account.
(c) Sections 403.095 and 404.071, Government Code, do not apply
to the account.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept.
1, 2003.
Sec. 780.004. PAYMENTS FROM THE ACCOUNT. (a) The commissioner,
with advice and counsel from the chairpersons of the trauma
service area regional advisory councils, shall use money
appropriated from the account established under this chapter to
fund designated trauma facilities, county and regional emergency
medical services, and trauma care systems in accordance with this
section.
(b) In each fiscal year, the commissioner shall reserve $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) to reserve
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) to reserve
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) to reserve
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) to reserve,
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.
(g) In a trauma service area that includes a county with a
population of 3.3 million or more, a trauma service area regional
advisory council may enter into an agreement with a regional
council of governments to execute its responsibilities and
functions under this chapter.
(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;
(2) submission of data to the department trauma registry;
(3) participation in trauma service area regional advisory
council initiatives; and
(4) creation of a hospital trauma performance committee.
(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), any funds received by the
undesignated facility for unreimbursed trauma services must be
returned to the state.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1123, Sec. 2, eff. September 1, 2005.
Sec. 780.005. CONTROL OF EXPENDITURES FROM THE ACCOUNT. Money
distributed under Section 780.004 shall be used in compliance
with Section 780.004 on the authorization of the executive
committee of the trauma service area regional advisory council.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept.
1, 2003.
Sec. 780.006. LOSS OF FUNDING ELIGIBILITY. For a period of not
less than one year or more than three years, as determined by the
commissioner, the department may not disburse money under Section
780.004 to a county, municipality, or local recipient that the
commissioner finds used money in violation of that section.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 10.02, eff. Sept.
1, 2003.