2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
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.