2005 Texas Health & Safety Code CHAPTER 780. TRAUMA FACILITIES AND EMERGENCY MEDICAL SERVICES

HEALTH & SAFETY CODE

CHAPTER 780. TRAUMA FACILITIES AND EMERGENCY MEDICAL SERVICES


	§ 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, § 10.02, eff. Sept. 1, 
2003.  Amended by Acts 2005, 79th Leg., ch. 1123, § 1, eff. Sept. 
1, 2005.


	§ 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, § 10.02, eff. Sept. 1, 
2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 2.05, 
eff. Jan. 11, 2004.


	§ 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, § 10.02, eff. Sept. 1, 
2003.    


	§ 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, § 10.02, eff. Sept. 1, 
2003.  Amended by Acts 2005, 79th Leg., ch. 1123, § 2, eff. Sept. 
1, 2005.


	§ 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, § 10.02, eff. Sept. 1, 
2003.    


	§ 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, § 10.02, eff. Sept. 1, 
2003.