HBA-NMO C.S.H.B. 1920 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1920
By: Gallego
Public Health
4/11/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted legislation creating an emergency
medical services and trauma care system fund by adding a fee to each
driver's license application.  Fees are deposited into the fund and the
Texas Department of Health (TDH) distributes the funds to county and
regional emergency medical services and trauma care systems.  However, TDH
has encountered problems ensuring that those systems receive funding.
County governments, in some instances, have not submitted contracts to TDH,
and thus, have not received funding.  C.S.H.B. 1920 requires the
commissioner of health (commissioner) to use money in the emergency medical
services and trauma care system fund to fund regional, rather than county
and regional, emergency medical services and trauma care systems.  This
bill also requires the commissioner to distribute money from the fund to
the trauma service regional advisory council of a county, if the council is
an eligible tax exempt entity,  before distributing the money to the
respective county.       

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 773.122(a), (c), (d), and (f), Health and
Safety Code, as follows: 

(a) Requires the commissioner of health, with the advice and counsel from
the chairpersons of the trauma service area regional advisory councils
(councils) to use money in the emergency medical services and trauma care
system fund established under Section 773.121 (Fund) to fund regional,
rather than county and regional, emergency medical services and trauma care
systems in accordance with this section (Payments From the Fund).

(c) Requires that a certain percentage of the emergency medical services
and trauma care system fund (money) be distributed on behalf of eligible
recipients in each county to the council for that county, if the council is
incorporated as an entity that is listed as an exempt from federal income
tax under Sections 501(a) and (c)(3), Internal Revenue Code of 1986.
Requires that the money, for a county for which the council is not
incorporated as such an entity, be distributed to the county on behalf of
eligible recipients. Requires that the share of the money allocated to the
eligible recipients in a county's geographic area be based on the relative
trauma death rates in the county, rather than the number of emergency or
trauma care runs performed by eligible recipients in the county. Makes
conforming changes.   

(d) Makes conforming changes.

(f) Makes conforming changes.

SECTION 2.  Amends Sections 773.123(a) and (b), Health and Safety Code, to
require money distributed from the emergency medical services and trauma
care system fund be used in accordance with Section 773.122, on
authorization of the executive committee of the council, in those regions
where the money is distributed on behalf of eligible recipients to the
regional advisory council, in addition to the authorization of the chief
executive of the county to which the money is disbursed on vouchers issued
by the county's treasurer.  Makes conforming changes. 

SECTION 3.  Amends Section 773.124, Health and Safety Code, to make a
conforming change. 

SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1, in the amendment of
Section 773.122, Health and Safety Code, by requiring that the share of the
money allocated to the eligible recipients in a county's geographic area be
based on the relative trauma death rates in the county, rather than the
number of emergency or trauma care runs performed by eligible recipients in
the county.  Makes conforming changes.