By: Zerwas, Price, Darby, Kacal, Longoria H.B. No. 3077
A BILL TO BE ENTITLED
AN ACT
relating to funding for trauma facilities, emergency medical
services, and emergency medical air transportation.
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. 773.221. DEFINITIONS. In this subchapter:
(1) "Account" means the emergency medical air
transportation account created under Section 773.222.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Commissioner" means the commissioner of state
health services.
Sec. 773.222. 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 under
Section 542.4031, Transportation Code; and
(2) notwithstanding Section 404.071, Government Code,
interest earned on the investment of money in the account and
depository interest allocable to the account.
(b) Money in the account may be appropriated only to the
department for the purposes described by Subsection (c).
(c) The commissioner may:
(1) use the money appropriated from the account to
provide funding, in addition to funding available from other
sources, for emergency medical air transportation; and
(2) after consulting with the executive commissioner,
transfer the money appropriated from the account to the commission
to:
(A) provide reimbursements under the medical
assistance program under Chapter 32, Human Resources Code, to
providers of emergency medical air transportation services,
including reimbursement enhancements to the statewide dollar
amount rate used to reimburse designated air ambulance services
under the program; and
(B) maximize the receipt of federal funds under
the medical assistance program under Chapter 32, Human Resources
Code, to the extent possible.
SECTION 2. The heading to Section 780.002, Health and
Safety Code, is amended to read as follows:
Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT.
SECTION 3. Section 780.003(b), Health and Safety Code, is
amended to read as follows:
(b) The account is composed of money deposited to the credit
of the account under Sections 542.4031, 542.406, and 707.008,
Transportation Code, and under Section 780.002 of this code[, and
the earnings of the account].
SECTION 4. Section 542.4031(g), Transportation Code, is
amended to read as follows:
(g) Of the money received by the comptroller under this
section, the comptroller shall deposit:
(1) 50 [67] percent to the credit of the undedicated
portion of the general revenue fund; [and]
(2) 33 percent to the credit of the designated trauma
facility and emergency medical services account under Section
780.003, Health and Safety Code; and
(3) 17 percent to the credit of the designated
emergency medical air transportation account under Section
773.222, Health and Safety Code.
SECTION 5. Section 542.406(c), Transportation Code, is
amended to read as follows:
(c) Not later than the 60th day after the end of a local
authority's fiscal year, after deducting amounts the local
authority is authorized by Subsection (d) to retain, the local
authority shall:
(1) send 50 percent of the revenue derived from civil
or administrative penalties collected by the local authority under
this section to the comptroller for deposit to the credit of the
designated [regional] trauma facility and emergency medical
services account established under Section 780.003 [782.002],
Health and Safety Code; and
(2) deposit the remainder of the revenue in a special
account in the local authority's treasury that may be used only to
fund traffic safety programs, including pedestrian safety
programs, public safety programs, intersection improvements, and
traffic enforcement.
SECTION 6. Section 707.008(a), Transportation Code, is
amended to read as follows:
(a) Not later than the 60th day after the end of a local
authority's fiscal year, after deducting amounts the local
authority is authorized by Subsection (b) to retain, the local
authority shall:
(1) send 50 percent of the revenue derived from civil
or administrative penalties collected by the local authority under
this section to the comptroller for deposit to the credit of the
designated [regional] trauma facility and emergency medical
services account established under Section 780.003 [782.002],
Health and Safety Code; and
(2) deposit the remainder of the revenue in a special
account in the local authority's treasury that may be used only to
fund traffic safety programs, including pedestrian safety
programs, public safety programs, intersection improvements, and
traffic enforcement.
SECTION 7. The following laws are repealed:
(1) Section 780.003(c), Health and Safety Code; and
(2) Chapter 782, Health and Safety Code, as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015.
SECTION 8. On the effective date of this Act:
(1) the regional trauma account established under
Chapter 782, Health and Safety Code, is abolished; and
(2) any unexpended and unobligated balance of money in
the regional trauma account is transferred to the designated trauma
facility and emergency medical services account established under
Section 780.003, Health and Safety Code.
SECTION 9. Section 542.4031(g), Transportation Code, as
amended by this Act, applies only to the distribution of revenue
collected on or after the effective date of this Act. The
distribution of revenue collected before the effective date of this
Act is governed by the law in effect at the time the revenue was
collected, and that law is continued in effect for the purpose of
the distribution of that revenue.
SECTION 10. This Act takes effect September 1, 2015.