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The House Homeland Security & Public Safety Committee met on March 29 to consider issues related to emergency preparedness, the trauma system and Driver Responsibility Program, the new one-sticker inspections and registration process for motor vehicles, and the Compassionate Use Act.
 
Emergency Preparedness
 
Nim Kidd, Division of Emergency Management, Department of Public Safety

  • Divided into sections that do planning, training, exercises, response and operations
  • Texas has an all hazards plan that includes more planning than just for natural disasters
  • Texas has more disasters than any other state in the nation
  • Texas has a $35.4 million threshold for a federal natural disaster declaration; a double digit lead over any other state in the nation
  • About 131 counties are under a natural disaster declaration right now
  • The recovery work is some of the most important work and costs hundreds of millions of dollars including federal funds
  • The division coordinates with local partners to find best practices and implement them in local areas
  • Here to support mayors and county judges in their emergency management efforts
  • Chairman Larry Phillips asked if any help is needed from the legislature
    • The biggest thing is to support the fact that all disasters are local; local entities are still there when the state leaves; local groups are on the front line and the state’s job is to support them
  • Phillips asked what happens if disasters occur at the same time across the state; what are capabilities
    • Divided into 24 COG regions; because of the way it is organized, disaster response can happen very quickly and efficiently

 
Stephen Carlton, County Judge, Orange County

  • Discussed the flooding in East Texas; the state came in and never tried to take over the response; they gave support and guidance and that was very much appreciated
  • Now working with FEMA and the small business associations to help people get the loans they need to help rebuild their lives
  • Help from the Southeast Texas Regional Planning Association was crucial in the effort

 
Ryan Peabody, Emergency Management Coordinator, Orange County Emergency Management

  • During the recent flood event coordination between state and local entities helped to create a seamless response
  • The key to an effective local response is obtaining resources quickly such as sand bags, volunteers, water, etc.; having trained and qualified personnel is equally important
  • Emergency response starts with the local entities and is supported by the state; supporting local emergency response teams is of utmost importance

 
Eric Epley, Executive Director, Southwest Texas Regional Advisory Council

  • RACs were created in 1989; more than just trauma; includes, trauma, cardiac, stroke, and perinatal issues
  • DSHS has brought together RACs and the providers in each region to best serve the citizens of Texas
  • Having a well-coordinated system day to day means the system will work well when a disaster occurs
  • One of the critical efforts required in an integrated system is not overloading any single hospital system in an area
  • Working with DSHS to strengthen the Emergency Medical Task Force to ensure there are plentiful local resources available in disaster situations
    • EMTF has built an infrastructure of resources and communication to ensure this can happen
  • EMTF regions are each based on multiple RAC regions

 
David Kelly, Mayor, City of Colleyville
Chair, Emergency Preparedness Planning Council, North Texas COG

  • COGs do a lot of work to bring local entities together to ensure resources and equipment are available and useful in the event they become necessary
  • Discussed efforts undertaken through the Garland tornado situation
  • These successes would not have been possible without the partnership with the Department of Public Safety and Division of Emergency Management
  • Working together creates a response and recovery effort that could not be undertaken individually
  • Phillips asked who DSHS funds in these efforts
    • Epley noted the tobacco funds initially funded the RACs as well as some 911 funds; now DSHS funds RACs that can provide funding and reimbursement to hospitals and providers when they are used

 
Driver Responsibility Program & Trauma Funding
 

  • Phillips noted when the DRP legislation was passed people were concerned that the program would make criminals out of poor people; not everyone agreed; it wasn’t the goal to only find a funding mechanism; since then, some of those prophesies have come true; need to find a way to deal with this program effectively
  • This interim the committee will make recommendations and put a package together to deal with the problems in this program; it can still be a good tool for public safety and that is the main purpose of the program

 
Jennifer Quereau, Legislative Budget Board

  • DRP was enacted in 2003 and was amended later that year in the 3rd called session
  • The program assesses monetary surcharges based on offenses a driver may be convicted of and accrual of points in the program
  • Revenue is split between GR and Trauma Fund 5111; if revenue going to GR and Trauma Fund combine to exceed $251 million the overage will go to the mobility fund
  • DRP surcharges are only one source of revenue to account 5111; the account receives penalties from state traffic fines and red light camera penalties
  • Prior to this biennium DRP revenue was about 70% of account 5111 revenues; going forward it is expected to make up about 63%
  • An amnesty program was implemented in 2011 which likely reduced revenues in that time period
  • Account 5111 has primarily been appropriated to DSHS for uncompensated trauma care around the state; appropriations have also gone to THECB for trauma fellowships and have been transferred to HHSC for additional payments to trauma hospitals
  • All three GEER report reviews of the program have made recommendations to increase collections and compliance
    • Recommendations included creating additional ways to pay surcharges and creating additional payment programs to help indigent and low income populations
    • Not all recommendations are adopted by the legislature
  • Phillips asked about Comptroller estimates of revenues from the program
    • The Comptroller bases estimates on prior collection experience and takes into account indigency program
  • Rep. Tony Dale asked about the people who receive surcharge points and penalties for driving without a license; curious how many people didn’t have the license because of not paying previous penalties and surcharges

 
Joe Peters, Assistant Director, Driver’s License Division, Department of Public Safety

  • Have been asked by several legislators to develop an amnesty program for the DRP; there are concepts:
    • A future amnesty program that would mirror the 2011 amnesty program
      • Resulted in only 15% of eligible driver participation
    • Low balance option
      • Would waive the surcharge for people with a low, partially-paid balance
    • One surcharge paid and one waived
      • For every surcharge that has been paid, another would be waived entirely
    • Waiving all installments
      • All outstanding surcharges in an installment plan would be waived
    • Waiver of one installment account
      • Remaining balance on one surcharge account would be waived; all others would have to be paid
  • Currently active relief programs include the indigency program and an upfront payment method so surcharges for the three future years are paid in full
  • There is also a court waiver program where a court could use their own scale to determine what constitutes indigency
  • Phillips asked if there is any push to change the contracts for the program
    • There is a move to change collection from Municipal Service Bureau (current contractor) to the same contractor for Texas.gov website
    • There aren’t any significant problems with the current vendor
  • Concepts for redesign of the system
    • Points only system
      • System could decrease the weight of each point and increase the number of charges that could have points assessed; could reduce the penalty for driving while license invalid, driving without insurance and other offenses that affect indigent populations more
      • May want to remove the DWI/DUI offenses so those penalties are not reduced
      • Lower point surcharges would be less onerous and would likely result in higher collection rates
    • One time surcharge assessment instead of pay over three years
  • Phillips noted it might be smart to put surcharge/point information on new tickets drivers receive to keep them informed of their account and what further penalties may do to their record
  • Phillips noted it may not be the best idea to only consider revenue; there needs to be a focus on keeping people safe

 
Ronald Stewart, Trauma Surgeon; Texas EMS and Trauma Acute Care Foundation

  • In 2011 trauma centers across the state were under duress and some were failing; mostly due to uncompensated care
  • The goal of the program was never to change driver behavior; the goal was to look for the behaviors that lead to serious injury and make the responsibility of those taking part in that behavior funding the trauma care
  • Trauma is the leading cause of death for people under the age of 45
  • People expect that if they are in a car crash that an ambulance will come and take them to a facility where they can be cared for
  • A trauma system includes EMS, communication systems, trauma centers in hospitals, surgeons, nurses, and more; it is a system that is constantly evolving
  • The trauma system in Texas is the infrastructure for all emergency health care
  • The system is regionalized in a way to make it manageable; set up along natural referral lines (where people are generally sent based on their level of care needed and their location)
  • The cost to society is far less to provide trauma and emergency care than to treat a person in a skilled nursing facility for the rest of their life
  • At the time the DRP was being put together there was a projected $10 billion budget deficit in the state; legislators were trying to develop a system that would come up with funding for the trauma system and keep trauma hospitals alive and thriving
  • Funding for the trauma system is critical; it is logical that people who practice the behaviors that lead to the need for trauma care should be responsible for funding the system
  • This is a good program and the problems likely lie within he operations of the program
  • Phillips noted he agrees that people who have those behaviors should be held responsible and the problem probably is with the way the program is implemented

 
Elizabeth Henneke, Texas Criminal Justice Coalition

  • Absolutely agree about the importance of trauma centers
  • Discussed the story of a client who received a DWI, lost her job, lost her home and became $24,000 in debt; DRP caused her to lose her license which compounded the problem and increased her costs
  • For low income people the DRP is more of an obstacle

 
Greg Glod, Policy Analyst, Texas Public Policy Foundation

  • 1% of DRP revenues go toward administration of the program and the other 99% is split between the trauma fund and GR
  • Funding also feeds into the trauma fund from red light camera tickets and state traffic fines
    • Only about 42% of these fines and fees go to the trauma fund; if the additional 58% were put into the trauma fund it would make up a lot of the amount that comes in from the DRP
  • Phillips noted if that money were differed into the trauma fund it would create a hole in GR; would like help developing recommendations to improve the program in case it is not abolished

 
Jean Spradling Hughes, Judge, Harris County Criminal Court at Law

  • The DRP program has not done anything to improve safety since its inception
  • Recommendations:
    • Doubling the cost of a driver’s license from $25 to $50 would raise $160 million
    • Adding $1 to the cost of an auto insurance policy or adding $2 dollars to vehicle registration fees would also raise a significant amount of money
  • DRP causes people to lose their licenses which creates significant burden on court dockets
  • Phillips noted it would be hard to increase fees to dedicate them to the trauma fund with the current issues in transportation finance

 
Emily Gerrick, Texas Fair Defense Project

  • 1.3 million people in Texas do not have licenses right now because of surcharges
  • There is also a program that prevents people from being able to register their vehicles which makes them a target for law enforcement
  • These people continue to drive because they have to go to work
  • Phillips noted there is the issue of personal responsibilities; hard to broadly say that for everyone but there must be a lot of these people who aren’t taking care of their problem and continue to make bad choices
  • A majority of the people who have problems with the DRP are being pulled over and re-ticketed for driving with a suspended license
  • Hughes noted that people charged with DWI are usually the ones paying their surcharges
  • Most of the people who can pay do pay under the current system; for the others who can’t pay it just isn’t feasible for them to get their licenses reinstated
  • The problem could be that the program is just too complicated; may just need some simplification; the indigency waiver is also very hard to complete

 
James Dawson, Interim CFO, Department of State Health Services

  • DRP does not send the full 1% to administration of the program; it is “up to 1%” and only what is spent on administration; not the full $1.5 million; the rest is sent back into the program

 
Greta Rymal, Health and Human Services Commission

  • Over time many trauma hospitals have come to HHSC to try and find a way to be reimbursed for uncompensated trauma care
  • Currently there is about $150 million from the trauma fund annually that is matched by $190 million in federal funds under Medicaid that is distributed to trauma hospitals around the state for uncompensated care

 
Two-Step One Sticker Program
 
Jeremiah Kuntz, Department of Motor Vehicles

  • The Texas single sticker program was established in the 83rd session and combines the registration sticker and inspection sticker
  • Currently in the second phase and all vehicles coming in for registration are required to be inspected within 90 days of the date they wish to register
  • The shift has been relatively smooth and motorists are complying with the program
  • There is an electronic system that tracks inspections and still allows for online registration
  • When inspection can’t be verified the customer relies on the inspection certificate they are given upon successful inspection
  • There has been a challenge in determining what fee to include on the renewal notice
  • Have also had some issues with trailers; inspectors aren’t sure how to inspect them and people don’t realize they need to be inspected
  • Have seen a decrease in the number of motorcycles being registered; could be seasonal
  • Exempt vehicles have always had a requirement to be inspected but do not get a registration sticker; because of the new program they do not get inspections stickers either; the department has been issuing stickers so they do not get stopped and have to show the inspection certificate

 
RenEarl Bowie, Department of Public Safety

  • Main goal is to inform enforcement officers of what is going on with the program to keep them up to date
  • Have noticed some people coming in with fraudulent inspection certificates; it is fairly easy to determine fakes by calling the inspection stations; those are turned over to law enforcement

 
Compassionate Use Act
 
RenEarl Bowie, Department of Public Safety

  • As soon as the bill went into effect the Department began to work to publish rules; there was a very tight deadline to have the rules published
  • Utilized the language in the bill to develop the framework of the rules; now poised for phase 2 of the rules process
  • Phillips noted when he saw the rules he was shocked at how vague they are and that it seemed the Department was not concerned with the safety of the public as it relates to the processing of the CBD oil; believe the DPS needs to meet with the state fire marshal to talk about some of the safety aspects of the rules
  • Phillips discussed stories around the country where similar processing plants have blown up or were unsafe; Texas is going to need more strict regulations as they relate to actual safety of these facilities, their employees and their neighbors; need more robust rules; there are no requirements for ventilation systems, no requirements for potable water to be used, no requirements for releasing odors, etc.
    • Many of those types of regulations including other clarifications will be part of phase 2 of the rules
  • Getting prepared to put out the RFP for management of the registry that is required by law as well
  • Working to develop the background check process as well
  • Rep. Joe Moody noted the statute is very broad regarding how DPS can develop safety protocols
  • Phillips noted he isn’t trying to advocate for rules that make it too hard to open up one of these facilities he just wants the safety aspects addressed