By: Deuell S.B. No. 2476
(In the Senate - Filed March 30, 2009; March 31, 2009, read
first time and referred to Committee on Health and Human Services;
April 22, 2009, reported favorably by the following vote: Yeas 9,
Nays 0; April 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the North Texas Trauma and Burn
Authority in Trauma Service Area E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 4, Health and Safety Code, is
amended by adding Chapter 291 to read as follows:
CHAPTER 291. NORTH TEXAS TRAUMA AND BURN AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 291.001. SHORT TITLE. This chapter may be cited as the
North Texas Trauma and Burn Authority Act.
Sec. 291.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The
purposes of this chapter are:
(1) the development, implementation, management, and
supervision of an integrated and cohesive system for improved Level
I and Level II trauma and burn care in the 19 counties of northern
Texas that comprise Trauma Service Area E;
(2) the creation of regional trauma and burn
authorities to develop and implement plans to design, modify, and
expand infrastructure to support trauma care facilities;
(3) the reduction of burdens and demands on the
limited funds available for trauma care and to increase the
effectiveness and efficiency of expenditures for trauma care; and
(4) to seek funding from the federal government under
the American Recovery and Reinvestment Act of 2009 (Pub. L. No.
111-5) and from other funding sources.
(b) This chapter shall be liberally construed to effect its
purposes.
Sec. 291.003. DEFINITIONS. In this chapter:
(1) "Authority" means the North Texas Trauma and Burn
Authority (NTTBA).
(2) "Board" means the board of the authority.
Sec. 291.004. CREATION OF AUTHORITY. An authority is
created in Trauma Service Area E, as defined by 25 T.A.C. Section
157.122, and includes Collin, Cooke, Dallas, Denton, Ellis, Erath,
Fannin, Grayson, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto,
Parker, Rockwall, Somervell, Tarrant, and Wise Counties.
Sec. 291.005. POLITICAL SUBDIVISION. The authority is a
political subdivision of this state.
[Sections 291.006-291.100 reserved for expansion]
SUBCHAPTER B. AUTHORITY ADMINISTRATION
Sec. 291.101. BOARD; APPOINTMENT. (a) The authority is
governed by a board of nine members appointed as provided by this
section.
(b) The commissioners court of Dallas County shall appoint
three members.
(c) The commissioners court of Tarrant County shall appoint
two members.
(d) The commissioners courts of Cooke, Denton, and Wise
Counties shall collectively appoint one member.
(e) The commissioners courts of Collin, Fannin, and Grayson
Counties shall collectively appoint one member.
(f) The commissioners courts of Ellis, Hunt, Kaufman, and
Rockwall Counties shall collectively appoint one member.
(g) The commissioners courts of Erath, Hood, Johnson, Palo
Pinto, Parker, and Somervell Counties shall collectively appoint
one member.
(h) If the commissioners courts cannot agree on a member to
appoint under Subsection (d), (e), (f), or (g), board members that
have been appointed to the authority shall select a representative
from the group of counties whose commissioners courts could not
agree on an appointment.
Sec. 291.102. TERM. (a) A board member serves a
three-year term. Terms shall be staggered so that one-third of the
board members' terms expire each year.
(b) The initial board members shall draw lots to determine
which members serve a one-year term, which members serve a two-year
term, and which members serve a three-year term.
Sec. 291.103. QUALIFICATIONS OF BOARD MEMBERS. To be
eligible to serve as a member of the board, a person must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of the
term the person is appointed to fill; and
(3) be knowledgeable in the field of health care,
transportation, or local government.
Sec. 291.104. VACANCY. (a) If a vacancy occurs on the
board, the commissioners court or courts that originally appointed
the position vacated shall appoint a qualified person to fill the
vacancy not later than the 30th day after the date the vacancy
occurs.
(b) If the commissioners court or courts fail to appoint a
member to the board to fill a vacancy by the 30th day after the date
the vacancy occurs, the remaining members of the board may, by vote
of the board, appoint a replacement.
Sec. 291.105. OFFICERS. (a) The board shall elect from
among its members:
(1) a chair;
(2) a vice chair to preside in the chair's absence; and
(3) a secretary.
(b) The chair, vice chair, and secretary shall each serve in
that office until the expiration of the person's term as a member of
the board.
Sec. 291.106. COMPENSATION; EXPENSES. A member of the
board serves without compensation but may, on the approval of the
entire board, be reimbursed for actual expenses incurred in the
performance of the member's official duties.
[Sections 291.107-291.200 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 291.201. POWERS AND DUTIES. (a) The authority shall:
(1) be responsible for the development,
implementation, management, and supervision of an integrated and
cohesive system for improved Level I and Level II trauma and burn
care in the counties of northern Texas that comprise Trauma Service
Area E;
(2) develop and prepare to manage a plan to handle mass
casualties resulting from any large-scale medical emergency
including a pandemic outbreak, natural disaster, or homeland
security event;
(3) seek funding from the federal government under the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
and from other funding sources;
(4) coordinate the allocation of resources for trauma
and burn services across its multicounty service area;
(5) assist in the provision of transportation services
needed for trauma victims and in the event of a large-scale
disaster;
(6) manage funds received from all sources to support
the efficient provision of trauma and burn services and direct
those funds to the appropriate trauma facilities;
(7) assist in the recruitment and retention of trauma
service providers;
(8) conduct or support research that improves the
quality and effectiveness of Level I and Level II trauma and burn
patient care in Trauma Service Area E by comparing the clinical
outcomes, effectiveness, and appropriateness of procedures for the
diagnosis and treatment of Level I and Level II trauma and burns;
and
(9) create a regional electronic clinical data network
and information exchange that will collect and share all clinical
data regarding Level I and Level II trauma and burn patient care
services provided in Trauma Service Area E and that will serve as
the primary network and information exchange in the event of a
pandemic outbreak, natural disaster, or medically related homeland
security event.
(b) The authority, acting through its board and without
state approval, may:
(1) adopt rules for the regulation of the authority's
affairs;
(2) adopt an official seal;
(3) acquire, hold, and dispose of property in the
exercise of the authority's powers and the performance of the
authority's duties under this chapter;
(4) enter into contracts or agreements necessary or
incidental to the authority's duties and powers under this chapter;
and
(5) do all things necessary or appropriate to carry
out the powers expressly granted by this chapter.
(c) The authority may sue and be sued in the authority's own
name.
Sec. 291.202. EXECUTIVE DIRECTOR; DUTIES. (a) The board
shall appoint a person qualified by training and experience as the
executive director for the authority.
(b) The executive director serves at the will of the board
and for a term of not more than four years.
(c) The executive director is entitled to compensation as
determined by the board.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *