83R8344 JSC-D
By: Zaffirini S.B. No. 1607
A BILL TO BE ENTITLED
AN ACT
relating to funding for emergency medical air transportation
provided to patients enrolled in the state Medicaid program;
imposing a surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 773, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. EMERGENCY MEDICAL AIR TRANSPORTATION FUNDING
Sec. 773.251. EMERGENCY MEDICAL AIR TRANSPORTATION
ACCOUNT. (a) The emergency medical air transportation account is
established as a dedicated account in the general revenue fund. The
account is composed of:
(1) money deposited to the credit of the account
derived from court costs imposed under Article 102.021, Code of
Criminal Procedure; and
(2) interest earned on the investment of money in the
account and depository interest allocable to the account.
(b) Money in the emergency medical air transportation
account may be appropriated only to the Health and Human Services
Commission to provide reimbursements under the medical assistance
program under Chapter 32, Human Resources Code, to providers of
emergency medical air transportation services, regardless of
whether federal Medicaid matching funds are available for that
medical assistance.
(c) The emergency medical air transportation account is
exempt from the application of Section 403.095. Interest earned on
money in the account shall be credited to the account.
Sec. 773.252. RULES. (a) The executive commissioner shall
adopt rules to implement this subchapter.
(b) In adopting rules under this section, the executive
commissioner shall consult and collaborate with emergency medical
air transportation providers in this state to determine the
appropriate methodology to distribute money in the emergency
medical air transportation account to those entities.
Sec. 773.253. FEDERAL FUNDING AND WAIVERS. (a) The
executive commissioner shall take all necessary actions to receive
the greatest amount of federal financial participation for the
payments under this subchapter, including using the money in the
emergency medical air transportation account paid to emergency
medical air transportation service providers through the medical
assistance program under Chapter 32, Human Resources Code, to
obtain additional federal matching funds.
(b) The executive commissioner shall seek any federal
approvals or waivers necessary to implement this subchapter,
including by submitting any necessary Medicaid state plan
amendments, but may not delay implementation of this subchapter
because an approval or waiver has not been granted.
SECTION 2. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.021 to read as follows:
Art. 102.021. COSTS ON CONVICTION TO FUND EMERGENCY MEDICAL
AIR TRANSPORTATION SERVICES. (a) In this article, "moving
violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 708.052, Transportation
Code.
(b) A defendant convicted of a moving violation in a justice
court, county court, county court at law, or municipal court shall
pay a $5 surcharge as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(d) The clerks of the respective courts shall collect the
costs described by this article. The clerk shall keep separate
records of the funds collected as costs under this article and shall
deposit the funds in the county or municipal treasury, as
appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(g) The comptroller shall deposit the funds received under
this article to the credit of the emergency medical air
transportation account under Section 773.251, Health and Safety
Code.
SECTION 3. Subchapter D, Chapter 102, Government Code, is
amended by adding Section 102.0611 to read as follows:
Sec. 102.0611. EMERGENCY MEDICAL AIR TRANSPORTATION
ACCOUNT SURCHARGE ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a statutory county court shall
collect from a defendant an emergency medical air transportation
account surcharge of $5 under Article 102.021, Code of Criminal
Procedure, on conviction of a moving violation.
SECTION 4. Subchapter E, Chapter 102, Government Code, is
amended by adding Section 102.0811 to read as follows:
Sec. 102.0811. EMERGENCY MEDICAL AIR TRANSPORTATION
ACCOUNT SURCHARGE ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL
PROCEDURE. The clerk of a county court shall collect from a
defendant an emergency medical air transportation account
surcharge of $5 under Article 102.021, Code of Criminal Procedure,
on conviction of a moving violation.
SECTION 5. Subchapter F, Chapter 102, Government Code, is
amended by adding Section 102.1011 to read as follows:
Sec. 102.1011. EMERGENCY MEDICAL AIR TRANSPORTATION
ACCOUNT SURCHARGE ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL
PROCEDURE. The clerk of a justice court shall collect from a
defendant an emergency medical air transportation account
surcharge of $5 under Article 102.021, Code of Criminal Procedure,
on conviction of a moving violation.
SECTION 6. Subchapter G, Chapter 102, Government Code, is
amended by adding Section 102.1211 to read as follows:
Sec. 102.1211. EMERGENCY MEDICAL AIR TRANSPORTATION
ACCOUNT SURCHARGE ON CONVICTION IN MUNICIPAL COURT: CODE OF
CRIMINAL PROCEDURE. The clerk of a municipal court shall collect
from a defendant an emergency medical air transportation account
surcharge of $5 under Article 102.021, Code of Criminal Procedure,
on conviction of a moving violation.
SECTION 7. Not later than January 1, 2014, the executive
commissioner of the Health and Human Services Commission shall
adopt the initial rules under Section 773.252, Health and Safety
Code, as added by this Act.
SECTION 8. The imposition of a cost of court under Article
102.021, Code of Criminal Procedure, as added by this Act, applies
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 9. This Act takes effect September 1, 2013.