Part I.
Office of the Governor
Chapter 3.
Criminal Justice Division
Subchapter E. Crime Stoppers Program Certification
1.
Crime Stoppers Program Certification
1 TAC §§3.9000, 3.9100, 3.9200
The Office of the Governor proposes new Subchapter E, §§3.9000,
3.9100, 3.9200, concerning Crime Stoppers Program Certification. This subchapter
provides guidelines for program certification and decertification requirements.
Tom Jones, Director of Accounting for the Criminal Justice Division, has
determined that in general for the first five year period the rules are in
effect there will be no fiscal impact on the state. The funds remain stable
and the method for allocating funds on a regional basis has not changed.
Mr. Jones also has determined that for the first five year period the proposed
rules are in effect the public benefit will be clarification of funding sources.
There will be no anticipated economic cost to persons or small businesses.
Comments on the proposed subchapter may be submitted to Pamela Brown at
the Criminal Justice Division of the Governor's Office, P.O. Box 12428, Austin,
Texas, 78711.
The new rules are proposed under Texas Government Code, Title
7, §772.006 (a)(11), which provides the Office of the Governor, Criminal
Justice Division the authority to promulgate rules consistent with the Code.
No other statutes, articles or codes are affected by these proposed rules.
§3.9000.Requirements.
(a)
In order to obtain certification, a private, non-profit
crime stoppers organization must:
(1)
be a non-profit organization
(2)
be granted tax exempt status by the IRS
(3)
have at least one member of the organization's Board
of Directors, as well as the Police/Civilian Coordinator of the Crime Stoppers
organization attend a complete training conference provided by the Criminal
Justice Division of the Governor's office and the Texas Crime Stoppers Advisory
Council, or its designee, in the year prior to certification
(4)
complete and sign the conditions of certification
form;
(b)
In order to obtain certification, a public organization
must have at least one employee attend a complete training conference provided
by the Office of the Governor or its designee in the year prior to certification.
§3.9100.Certification.
(a)
In order to obtain certification, a non-profit crime stoppers
organization must submit to the Criminal Justice Division of the Governor's
Office or its designee:
(1)
proof of its non-profit status;
(2)
a letter from the Internal Revenue Service verifying
the organization's tax exempt status;
(3)
a completed and signed conditions of certification
form;
(4)
annual financial statements for each of the two previous
years which include the dollar amount of donations received each year;
(5)
a list of all the reward payments made by the organization;
(6)
a list of the members of the board of directors of
the organization;
(7)
a completed and signed community supervision and corrections
department form.
(b)
The director of the Crime Stoppers Advisory Council may
prescribe forms to be used in the certification process.
(c)
When all of the documentation required under subsection
(a) has been received, the director of the Crime Stoppers Advisory Council
will review the documentation and submit a report to the Texas Crime Stoppers
Advisory Council for approval.
(d)
A certification is valid for a period of two years.
§3.9200.Decertification.
(a)
By signing the conditions of certification form, a crime
stoppers organization agrees to comply with all of the conditions.
(b)
The director of the Crime Stoppers Advisory Council shall
submit a report to the Texas Crime Stoppers Advisory Council for action if
an organization is not in compliance with the law and/or certification requirements
with instruction being made to the staff on the action taken.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 20, 1999.
TRD-9902959
James Hines
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 475-2594
Chapter 91.
Texas Register
The Office of the Secretary of State, Texas Register, proposes amendments
to §91.23 and §91.65, concerning procedures for filing adopted rules.
The proposed amendments to §91.23 and §91.65 will require agencies
to submit the entire text of a adopted rule. By receiving the full text of
an adopted rule the Texas Register anticipates that there will be a reduction
in errors within the agencies submission and in the turn around time for updating
the
Texas Administrative Code.
Dan Procter, director of the Texas Register, has determined that for the
first five-year period the rules are in effect, there will be no fiscal implications
to state or local governments as a result of administration or enforcement
of the amendments.
Mr. Procter also has determined that for each year of the first five years
the rules are in effect, the public benefit anticipated will be that the public
will have current access to the
Texas Administrative
Code
and that there will be fewer errors in the
Texas Register
. There will be no effect on small businesses. There
are no anticipated economic costs to persons who are required to comply with
the rules as proposed.
Comments on the proposal may be submitted in writing to Dan Procter, Director,
Texas Register, Office of the Secretary of State, 1019 Brazos, Room 245, Austin,
Texas 78701 or via e-mail, dprocter@sos.state.tx.us.
Subchapter A. Administrative
1 TAC §91.23
The amendment is proposed under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The proposal affects Government Code, Chapter 2002, Subchapter B, §2002.011.
§91.23.Structure and Terminology.
(a)-(b)
(No change.)
(c)
When
proposing to amend
[
Figure: 1 TAC §91.23(c) (No change.)
(d)
When you
propose to
amend a subdivision within
a rule, follow the "No change" policy outlined in paragraphs (1)-(3) of this
subsection.
(1)-(3)
(No change.)
(e)
When you adopt new and amended rules submit
the entire text. Do not use the "No change" designation. Submit adopted repealed
rules with only the section number and title.
(f)
[
Do not reserve subdivisions
within a rule for future expansion.
(g)
[
Follow any reference to another
section or chapter in the same title with the phrase "of this title (relating
to...)" with the title of the section or chapter inserted in the parenthesis.
Follow a reference to a different subchapter in the same chapter with the
phrase "of this chapter (relating to...)" with the title of the subchapter
inserted in the parenthesis. It is not necessary to reference the same section,
subchapter, or chapter name twice within a rule.
(h)
[
Cite any reference to a rule
in another title with the title and section number(s) in accordance with §91.25(b)
of this title (relating to Form of Citation). For example: 1 TAC §91.21.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 21, 1999.
TRD-9902992
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-5561
1 TAC §91.65
The amendment is proposed under the Government Code, Chapter
2002, Subchapter B, §2002.017, which provides the Secretary of State
with the authority to promulgate rules consistent with the code.
The proposal affects Government Code, Chapter 2002, Subchapter B, §2002.011.
§91.65.Procedures for Filing Rules.
(a)
(No change.)
(b)
Adopted rules. The APA states that a rule takes effect
20 days after the date on which it is filed in the Office of the Secretary
of State unless a later date is required by statute, specified in the rule,
or required by federal mandate. When adopting rules, comply with the following
procedures.
(1)-(4)
(No change.)
(5)
Do not use the "No change" designation
in adopted rule submissions. If you submit the final version of adopted rules
with any level designation as "No change", we will reject the submission.
(6)
[
The proposed and adopted
version of a rule must have the same rule number.
(7)
[
Do not withdraw an adopted
rule.
(c)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 21, 1999.
TRD-9902993
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-5561
Chapter 251.
Regional Plans--Standards
1 TAC §251.1
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.1, concerning Regional Plans for
9-1-1 Service to meet new technology advancements in telecommunications for
the protection and reliability of 9-1-1 systems and to be consistent with
changes in Commission policy.
This section is part of the agency's rule review of Chapter 251 (concerning
Regional Plans-Standards), pursuant to the Appropriations Act of 1997, HB
1, Article IX, Section 167.
The ACSEC is contemporaneously proposing the rule review of Chapter 251
elsewhere in this issue of the
Texas Register
.
The amendment provides updated language and clarifies requirements; adds
language consistent with newer rules, such as wireless; incorporates contractor
reference, such as memorandum of understanding; and sets minimum standards
for performance and reporting.
James D. Goerke, executive director, ACSEC, has determined that for the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be improved effectiveness and reliability of 9-1-1 call delivery
systems in 9-1-1 regions throughout the state. No historical data is available,
however, there appears to be no direct impact on small or large businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. There is no anticipated local employment impact
as a result of enforcing the section.
Comments on the proposed rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.055, 771.056, and 771.059; and the Texas Administrative
Code, Part XII, Chapter 251, Regional Plan Standards, which provide the Advisory
Commission on State Emergency Communications with the authority to plan for
and implement emergency communication systems that meet set standards and
in accordance with approved agency strategic plan.
No other statutes, articles or codes are affected by the proposed amendment.
§251.1.Regional Strategic Plans for 9-1-1 Service.
(a)
Definitions. The following
words and terms, when used in this section, shall have the following meanings,
unless the context clearly indicates otherwise.
(1)
9-1-1 Equipment and Services - Equipment and
services acquired partially or in whole with 9-1-1 funds and designed to support
and/or facilitate the delivery of an emergency 9-1-1 call to an appropriate
Public Safety Answering Point (PSAP).
(2)
9-1-1 Funds - Funds assessed and disbursed
in accordance with the Texas Health and Safety Code, Chapter 771.
(3)
Automatic Location Identification (ALI)
- The automatic display at the PSAP of the caller's telephone number, the
address/location of the telephone and supplementary emergency services information.
(4)
Automatic Number Identification (ANI) -
Telephone number associated with the access line from which a 9-1-1 call originates.
(5)
Public Safety Answering Point (PSAP) -
A 24-hour communications facility established as an answering location for
9-1-1 calls originating within a given service area, as further defined in
applicable law Texas Health and Safety Code, Chapters 771 and 772.
(6)
Regional Planning Commission - A commission
established under Local Government Code, Chapter 391, also referred to as
a regional council of governments.
(7)
TDD - The acronym for Telecommunication
Device for the Deaf. Other interchangeable acronyms accepted are TTY (Teletypewriter)
or TT (Text Telephone).
(b)
[
(c)
[
(d)
[
(e)
[
(f)
[
(1)
Automatic Number Identification (ANI) of all single-party
telephone lines.
(2)
There must be at least one Primary Public Safety Answering
Point (P-PSAP) with the ability to extend, transfer, or relay 9-1-1 calls
to the appropriate public safety
response
agencies. The P-PSAP
must be in service 24 hours per day,
seven days per week, 365 days per
year
[
(3)
In compliance with the ADA, each call taking position
must be equipped with a TDD/TTY or TDD/TTY compatible equipment.
(4)
A P-PSAP should be equipped with a standby power supply
for the telephone equipment, or it must be equipped with circuit transfer
equipment that will connect each incoming circuit to a telephone set that
does not require external power to operate.
(5)
A P-PSAP must have the forced disconnect feature that
will allow the PSAP attendants to clear incoming circuits of calls when necessary.
(6)
A P-PSAP must have redundant
(a minimum of two each) crucial service items, performing comparable functions
independently of one another, such as incoming telephone circuits (two from
each telephone central office or tandem), telephone sets, integrated workstations,
ANI and/or ALI incoming circuits, ANI and/or ALI display units and stand-alone
TDD units (when applicable).
[
A P-PSAP must have a
minimum of two each of all crucial service items such as incoming telephone
circuits (two from each telephone central office or tandem), telephone sets,
ANI incoming circuits, and ANI display units.]
(7)
There must be
redundant network connections
[
(8)
In addition to the 9-1-1 service number, all public
safety agencies must maintain a published seven-digit
emergency
telephone number that can accept emergency calls.
(9)
If a telephone switching office is equipped to provide
9-1-1 service, all lines must receive a positive response when 9-1-1 is dialed.
The following is considered a positive response:
(A)
An audible ringing tone when the call is connected to a
circuit to a PSAP.
(B)
In offices using direct trunking to a PSAP, the PSAP attendant
must be able to extend, transfer, or relay emergency calls for all telephone
lines served by that office.
(C)
If selective routing, [
(D)
All calls
delivered directly
[
(10)
All 9-1-1 service systems must accept emergency
calls from wireless telephone systems operating within the 9-1-1 service area
as 9-1-1 calls
over 9-1-1 circuits only
[
(g)
[
(h)
[
(i)
[
(j)
The RPC shall recognize that
the Commission reserves the right to perform on-site monitoring of the RPC
and/or it's performing local governments or PSAPs for compliance with applicable
law.
(k)
The RPC shall execute interlocal
agreements between itself and its local governments responsible for PSAPs
relating to the planning, development, operation and provision of 9-1-1 service,
the use of 9-1-1 funds and adherence to applicable law.
(l)
The RPC shall use competitive
procurement practices and procedures similar to those required by state law
for cities or counties, as well as any additional Commission policies, in
conjunction with the procurement of 9-1-1 Customer Premises Equipment, 9-1-1
Network, and 9-1-1 Database services and any other items to be obtained with
9-1-1 funds.
(m)
The RPC shall adhere to all
Commission requirements for testing related to 9-1-1 Customer Premises Equipment,
9-1-1 Network, and 9-1-1 Database services. Testing shall occur at such time
that new service or equipment is installed, service or equipment is modified
and on a regular basis to ensure system reliability. A schedule for ongoing
testing shall be developed by the RPC and shall be available to the Commission
for monitoring.
(n)
The RPC shall plan and implement
a contingency routing scheme to provide for the provision of uninterrupted
9-1-1 service in the event of an incident that requires the temporary rerouting
of 9-1-1 calls due to man-made or natural disasters.
(o)
Should there be a need to increase
the number of 9-1-1 calltaking positions at an existing PSAP, the RPC shall
provide to the Commission, written justification supporting the request for
the additional position. Such justification shall include statistical information
indicating a minimum of a 20% increase in 9-1-1 call volume for each of the
previous two years and a minimum of ten 9-1-1 calls handled per hour by the
PSAP.
(p)
Should there be a need to add
a new PSAP within the region, the RPC shall provide the Commission written
justification supporting the request. Appropriate justification shall include
any statistical information such as call volume and growth rates, or jurisdictional
changes within the region. All requests for a new PSAP must include specific
costs for equipment and services, as well as a complete written description
and schematic illustrating the proposed PSAP's relationship to the balance
of the region's network. Proposed PSAPs shall be defined as one of the following
types:
(1)
Primary PSAP - a facility equipped and staffed
to receive 9-1-1 calls 24 hours per day which meets all criteria as defined
in subsection (f)(1)-(10) of this section.
(2)
Secondary PSAP - a PSAP to which 9-1-1
calls are transferred or relayed from a Primary PSAP, and which may operate
less than 24 hours per day but, which also meets the criteria as defined in
subsection (f)(1)-(10) of this section.
(3)
Remote - equipment located at an emergency
service responder's facility that is capable of conveying call information
via printer, fax or telephone and used as a means of call delivery.
(q)
Each PSAP shall provide performance
data to the RPC, or other 9-1-1 entity, for purposes of providing information
to the Commission on a quarterly basis. Such information to be reported shall
include, if applicable and available, PSAP call statistics such as monthly
call volume, average call duration, abandoned 9-1-1 calls (wireline and wireless),
non-9-1-1 calls and equipment/database failures.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May
24, 1999.
TRD-9903052
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-6933
1 TAC §251.2
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.2, concerning Guidelines for Changing
or Extending 9-1-1 Service Arrangements. The section provides the guidelines
so that 9-1-1 service in the competitive and fast-changing telecommunications
environment does not degrade the provision of the highest level of service.
The amendment incorporates language consistent with new agency rule on
wireless solution and provides consistency with the changes in Commission
policy.
This section is part of the agency's rule review of Chapter 251 (concerning
Regional Plans-Standards), pursuant to the Appropriations Act of 1997, HB
1, Article IX, Section 167.
The ACSEC is contemporaneously proposing the rule review of Chapter 251
elsewhere in this issue of the
Texas Register
.
James D. Goerke, executive director, ACSEC, has determined that for the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be better and more orderly implementation of changes and
extensions of service arrangements in the telecommunications environment.
No historical data is available, however, there appears to be no direct impact
on small or large businesses. There is no anticipated economic cost to persons
who are required to comply with the section as proposed. There is no anticipated
local employment impact as a result of enforcing the section.
Comments on the proposed rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.055, 771.056, and 771.059; and the Texas Administrative
Code, Part XII, Chapter 251, Regional Plan Standards, which provide the Advisory
Commission on State Emergency Communications with the authority to administer
and implement 9-1-1 emergency communications.
No other statutes, articles or codes are affected by the proposed amendment.
§251.2.Guidelines for Changing or Extending 9-1-1 Service Arrangements.
(a)
Definitions. When used in this rule, the following words
and terms shall have the meanings identified in paragraphs (1)-(5) of this
subsection, unless the context of the word or term clearly indicates otherwise.
(1)
Automatic Number Identification (ANI) - A system which
permits the identification of the caller's telephone number. For purposes
of this rule, the term has the same meaning as in 47 CFR §20.18.
(2)
Emergency Communications District - A public agency
or group of public agencies acting jointly that provided 9-1-1 service before
September 1, 1987, or that had voted or contracted before that date to provide
that service; or a district created under Texas Health and Safety Code, Chapter
772, Subchapters B, C, D, or E.
(3)
Pseudo Automatic Number Identification (Pseudo ANI)
- A system which identifies the location of the base station or cell site
through which a mobile call originates. For purposes of this rule, the term
has the same meaning as in 47 CFR §20.18.
(4)
Regional
Strategic
Plan - A plan for the
establishment and operation of 9-1-1 service throughout the region that regional
planning commission serves. The plan must meet the standards established by
and be amended in accordance with the standards established by the Advisory
Commission on State Emergency Communications.
(5)
Regional Planning Commission (RPC) - A commission
established under Local Government Code, Chapter 391, also referred to as
a regional council of governments (COG).
(b)
Policy and Procedures. As authorized by Health and Safety
Code, Chapter 771, the Advisory Commission on State Emergency Communications
(Commission)
[
(c)
Guidelines.
(1)
Changes or extensions of 9-1-1 service arrangements must
include the following:
(A)
The service provider making the proposal to the regional
planning commission or emergency communications district verifies in writing,
as part of the proposed agreement, that:
(i)
Reasonable notice of the proposal (i.e., at least ten days
before a joint planning meeting) has been provided to the current service
provider (if a change in service providers is involved) and to other potentially
affected service providers.
(ii)
The service provider also verifies that at
least one joint planning meeting occurred with at least ten days notice to
all affected service providers that they may participate in the joint planning
meeting;
(iii)
[
(iv)
[
(v)
[
[
Any and all changes in E9-1-1 or 9-1-1 service
features (i.e., all additional service features or reductions in service features
that may result from the proposal) must be clearly specified. The service
provider must also explain the justifications for any and all changes and
why those changes do not degrade the level of 9-1-1 service and are consistent
with providing the highest level of 9-1-1 service to all customers.
(vi)
The service provider
shall take
[
(vii)
The service provider shall verify/certify
[
(viii)
[
(I)
an implementation schedule;
(II)
diagrams of all proposed changes;
(III)
how testing will [
(IV)
contingency plans and physical
diversity;
(V)
[
(VI)
[
(VII)
[
(VIII)
an outline of all associated
costs; and
(IX)
[
[
The proposal provides for
service providers that are wireless carriers to be able to pass ANI and Pseudo
ANI or that on request any modifications necessary to pass ANI and Pseudo
ANI by the Federal Communications Commission's 18-month deadline in 47 CFR
§20.18(d) will be specified.]
(ix)
The proposal provides for
service providers that are wireless carriers to be able to pass Phase I callback
and Phase II geographic location information. On request, any modifications
necessary to pass callback and location information before the Federal Communications
Commission's eighteen month deadline in 47 CFR §20.18(d) will be specified.
(x)
[
(xi)
[
(xii)
[
(xiii)
[
(xiv)
[
(xv)
[
(B)
The regional planning commission requesting the plan amendment
verifies in writing, as part of the proposed plan amendment, that:
(i)
Competitive procurement procedures were used or an explanation
of the applicability of an exception to competitive procurement requirements;
(ii)
All neighboring or adjacent 9-1-1 entities that could
potentially be affected by the requested plan amendment have been provided
a copy of the plan amendment either before or concurrently with the filing
of the plan amendment with the
Commission
[
(iii)
All appropriate modifications
are made to current interlocal agreements; and
(iv)
All changes are reflected
in the current regional strategic plan including narrative descriptions of
the changes and schematics of affected equipment and network components.
(2)
Emergency communication districts requesting
9-1-1 funds in accordance with established rules and procedures for 9-1-1
service arrangements shall ensure that any changes or extensions of service
arrangements meet or exceed the guidelines for regional planning commissions
in this section.
(3)
Annual budgeted costs associated with 9-1-1 service
arrangements shall be monitored by [
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
24, 1999.
TRD-9903051
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-6933
1 TAC §251.4
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.4, concerning Guidelines for the
Provisioning of Accessibility Equipment. The guidelines are used to evaluate
requests for equipment and services considered to be essential to 9-1-1 system
functions and clarify the provisioning of equipment necessary for 9-1-1 call
delivery.
The proposed amendment includes restructuring the layout of the rule to
provide reference to statutory requirements of the Americans with Disabilities
Act (ADA) at the beginning of this section; clarifies section as a rule and
not a "standard" pertaining to accessibility equipment and requires such to
meet ADA requirements and standards set forth by the National Emergency Number
Association; deletes agency historical information; expands the definition
of "TDD"; adds "TTY" to all references made to "TDD" for clarification; and
delineates funding for one TDD/TTY per position in accordance with federal
mandate The amendment provides consistency with the changes in Commission
policy.
This section is part of the agency's rule review of Chapter 251 (concerning
Regional Plans-Standards), pursuant to the Appropriations Act of 1997, HB
1, Article IX, Section 167.
The ACSEC is contemporaneously proposing the rule review of Chapter 251
elsewhere in this issue of the
Texas Register
.
James D. Goerke, executive director, ACSEC, has determined that for the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be improved effectiveness and reliability of 9-1-1 call delivery
systems in 9-1-1 regions throughout the state. No historical data is available,
however, there appears to be no direct impact on small or large businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. There is no anticipated local employment impact
as a result of enforcing the section.
Comments on the proposed rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed under Health and Safety Code, Chapter
771, §§771.055, 771.056, 771.057, and 771.072; and the Texas Administrative
Code, Part XII, Chapter 251, Regional Plan Standards, which authorize the
Advisory Commission on State Emergency Communications to adopt policies and
procedures prescribing the distribution and use of 9-1-1 funds for providing
9-1-1 service.
No other statutes, articles or codes are affected by the proposed amendment.
§251.4.Guidelines for the Provisioning of Accessibility Equipment.
(a)
The Americans with Disabilities
Act (P.L. 101-336), commonly referred to as the ADA, impacts telephone emergency
services by mandating direct access to TDD and computer modem users. Although
the ADA does not mandate TDD detection equipment, the Department of Justice
addresses the issue of a "silent call" in their Technical Assistance Manual
by stating that "operators must be trained to recognize that silent calls
may be TDD or computer modem calls and to respond appropriately." Installation
of detection equipment will assist the telecommunicator in call-handling efficiency.
(b)
[
[
The Commission will
consider as part
of the regional plan,
[
(c)
Definitions. The following
words and terms, when used in this section, shall have the following meanings,
unless the context clearly indicates otherwise:
(1)
"TDD" - the acronym for Telecommunication Device
for the Deaf. Other interchangeable acronyms accepted are TTY (Teletypewriter)
or TT (Text Telephone).
(2)
TDD Detectors - monitor incoming trunks
for TDD tones. Upon detection, a response sequence begins. A built-in recording
provides a repeating voice announcement, "TDD Call," to the telecommunicator.
A message is sent to the TDD caller (such as "9-1-1 Please Hold"). The telecommunicator
then utilizes a TDD to communicate.
[
The Commission will be guided
by the basic consideration that it is responsible for the provision of 9-1-1
call delivery and not for the provision of emergency services. Therefore,
the Commission will normally approve expenditures related only to call delivery
and will continue to expect local governments to fund all activities related
to the provision of emergency services.]
(d)
[
[
TDD Accessibility Equipment.
(1)
The program provided for a statewide 9-1-1
placement program coupled with related training and public education through
an interagency contract with the Texas Commission for the Deaf and Hearing
Impaired (TCDHI), beginning September 1, 1990. The administration of the TDD
Distribution Program was transferred to the Advisory Commission on State Emergency
Communications
(Commission)
[
(2)
[
[
The Americans with Disabilities
Act (P.L. 101-336), commonly referred to as the ADA, impacts telephone emergency
services by mandating direct access to TDD and computer modem users. Although
the ADA does not mandate TDD detection equipment, the Department of Justice
addresses the issue of a "silent call" in their Technical Assistance Manual
by stating that "operators must be trained to recognize that silent calls
may be TDD or computer modem calls and to respond appropriately." Installation
of detection equipment will assist the telecommunicator in call-handling efficiency.]
[
Definitions. The
following words and terms, when used in this section, shall have the following
meanings, unless the context clearly indicates otherwise:]
[
"TDD" - the acronym for Telecommunication Device
for the Deaf. Other interchangeable acronyms accepted are TTY (Teletypewriter)
or TT (Text Telephone).]
[
TDD Detectors - monitor incoming trunks for
TDD tones. Upon detection, a response sequence begins. A built-in recording
provides a repeating voice announcement, "TDD Call," to the telecommunicator.
A message is sent to the TDD caller (such as "9-1-1 Please Hold"). The telecommunicator
then utilizes a TDD to communicate.]
(3)
Funding.
The following are funding
parameters for accessibility equipment.
(A)
The Commission will fund TDD equipment
in accordance
with The Americans with Disabilities Act (P.L. 101-336), commonly referred
to as the ADA
.
(B)
The Commission will fund TDD Detectors through the plan
amendment process
(§251.6 of this title (relating to Guidelines
for Strategic Plans, Amendments, and Equalization Surcharge Allocation))
with an allocation policy of one TDD Detector per position.
(C)
The Commission will review and consider exceptions to the
above policies on a case-by-case basis.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State on May
24, 1999.
TRD-9903050
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-6933
1 TAC §251.5
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.5, concerning the use of 9-1-1
funds for capital recovery and equipment maintenance by providing uniform
guidelines and expectations.
The amendment proposes to allow for improved methods of equipment management,
disposition, and replacement planning and to meet the recommendations of the
State Auditor's Report Number 98-054 received July 29, 1998.
This section is part of the agency's rule review of Chapter 251 (concerning
Regional Plans-Standards), pursuant to the Appropriations Act of 1997, HB
1, Article IX, Section 167.
The ACSEC is contemporaneously proposing the rule review of Chapter 251
elsewhere in this issue of the
Texas Register
.
Elsewhere in this issue of the
Texas Register
, the ACSEC is contemporaneously withdrawing the amendment of §251.5,
which was previously proposed in the April 2, 1999, issue of the
Texas Register
(24 TexReg 2546)
James D. Goerke, executive director, ACSEC, has determined that for the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule, however, it will serve to monitor financial resources ensuring fiscal
accountability related to capital assets.
Mr. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be improved mechanism for assuring equipment is well maintained
or replaced to provide maximum performance and that adequate resources are
available and accounted for. No historical data is available, however, there
appears to be no direct impact on small or large businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
There is no anticipated local employment impact as a result of enforcing the
section.
Comments on the amendment may be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.071, 771.0711, 771.072, and 771.075, which authorize
the Commission to adopt policies and procedures prescribing the distribution
and use of 9-1-1 funds for providing 9-1-1 service.
No other statutes, articles or codes are effected by the proposed amendment.
§251.5.Guidelines for [
(a)
As authorized by the Texas
Health and Safety Code, Chapter 771, the Advisory Commission on State Emergency
Communications (ACSEC) may impose 9-1-1 emergency service fees and equalization
surcharges to support the planning, development, and provision of 9-1-1 service
throughout the State of Texas. In accordance with Texas Health and Safety
Code, Chapter 771, §771.055, such service implementation shall be consistent
with regional plans developed by regional planning commissions. Each regional
planning commission shall develop a plan for the establishment and operation
of 9-1-1 service throughout the region that the regional planning commission
serves. The service must meet the standards established by the Advisory Commission.
(b)
[
(1)
9-1-1 Equipment - Equipment
acquired partially or in whole with 9-1-1 funds and designed to support and/or
facilitate the delivery of an emergency 9-1-1 call to an appropriate Public
Safety Answering Point (PSAP)s and as defined in §251.6 of this title
(relating to Guidelines for Strategic Plans, Amendments, and Equalization
Surcharge Allocation).
(2)
[
[
9-1-1 equipment--Capital
equipment acquired partially or in whole with 9-1-1 funds and designed to
support and/or facilitate the delivery of an emergency 9-1-1 call to an appropriate
emergency response agency.]
[
Capital reinvestment
cost--The nonrecurring cost of replacing 9-1-1 equipment amortized over a
selected period of time.]
[
Emergency communications
district--A public agency or group of public agencies acting jointly that
provided 9-1-1 service before September 1, 1987, or that had voted or contracted
before that date to provide that service; or a district created under Texas
Health and Safety Code, Chapter 772, Subchapter B, C, or D.]
[
Maintenance--The preservation
and upkeep of 9-1-1 equipment in order to insure that it continues to operate
and perform at a level comparable to that exhibited at its initial acquisition.]
[
Maintenance plan--A plan
that identifies a cost effective program for the maintenance of 9-1-1 equipment.
For regional planning commissions, this plan is part of a regional plan as
described by the Texas Health and Safety Code, Chapter 771. ]
[
Regional planning commission--A
commission established under Local Government Code, Chapter 391, also referred
to as a regional council of governments (COG).]
[
Replacement--The timely
replacement of old 9-1-1 equipment for new 9-1-1 equipment in order to insure
the appropriate and acceptable continued operation of 9-1-1 services.]
[
Replacement plan--A plan
that identifies a cost-effective program for the replacement of 9-1-1 equipment.
For regional planning commissions, this plan is part of a regional plan as
described by the Texas Health and Safety Code, Chapter 771.]
[
Useful life--The period
of time that a piece of capital equipment can consistently and acceptably
fulfill its service or functional assignment.]
(3)
9-1-1 Program Assets -
9-1-1 and Addressing Capital Equipment purchased with 9-1-1 Funds.
(4)
Addressing Equipment -
Equipment acquired partially or in whole with 9-1-1 funds, and/or Addressing
Pool funds, designed to support and/or facilitate the work associated with
addressing completion and/or addressing maintenance activities, as defined
in §251.3 of this title (relating to Guidelines for Addressing Funds).
(5)
Addressing Activities
- The work associated with the addressing of a county as defined in ACSEC
§251.3 of this title.
(6)
Addressing Pool Funds
- Funds directed to statewide addressing use including, but not limited to
federal or state grants, contributions, donations, and telephone rate case
settlement distributions; but, which exclude 9-1-1 Service Fee, either restricted
or unrestricted in use.
(7)
Advisory Commission on
State Emergency Communications. ACSEC.
(8)
Applicable Law - Includes,
but is not limited to, the State Administration of Emergency Communications
Act, Texas Health and Safety Code, Chapter 771; Commission rules implementing
the Act contained in Title 1, Part XII, Texas Administrative Code; the Uniform
Grant management Standards, Title 1, §§5.151 - 5.165, Texas Administrative
Code; the Preservation and Management of Local Government Records Act, Chapter
441, Subchapter J, Texas Government Code; and amendments to the cited statutes
and rules. Also referred to as "applicable law and rules".
(9)
Capital Equipment - Items
and components that comprise the technology used to answer and deliver 9-1-1
calls whose cost is over $1,000 and have a useful life of at least one year.
(10)
Capital Replacement Cost
- The cost of a piece of equipment that was originally identified to be amortized
(i.e. the original cost for equipment.)
(11)
Controlled Equipment
- Items and components that comprise the technology used to answer and deliver
9-1-1 calls whose cost is less than $1,000 and have a useful life of at least
one year. Used at the discretion of the RPC for items that tracking is deemed
necessary.
(12)
Emergency Communications
District - A public agency or group of public agencies acting jointly that
provided 9-1-1 service before September 1, 1987, or that had voted or contracted
before that date to provide that service; or a district created under Texas
Health and Safety Code, Chapter 772, Subchapter B, C, D.
(13)
Intangible Assets - Includes
items such as labor for PSAP room prep, electrical wiring costs, labor for
the assembly of equipment, or any costs for the delay or transfer of equipment.
(14)
Interlocal Agreement
- A contract cooperatively executed between local governments or other political
subdivisions of the state to perform administrative functions or provide services,
relating to 9-1-1 telecommunications.
(15)
Local Government - A
county, municipality, public agency, or any other political subdivision that
provides, participates in the provision of, or has authority to provide fire-fighting,
law enforcement, ambulance, medical, 9-1-1, or other emergency services and/or
addressing functions.
(16)
Maintenance - The preservation
and upkeep of 9-1-1 equipment in order to insure that it continues to operate
and perform at a level comparable to that exhibited at its initial acquisition.
(17)
Maintenance Plan - A
plan that identifies a cost effective program for the maintenance of 9-1-1
equipment. For regional planning commissions this plan is part of a regional
plan as described by the Texas Health and Safety Code, Chapter 771.
(18)
Memorandum of Understanding
(MOU) - A contract executed between the Regional Planning Commission (RPC)
and the ACSEC that establishes the responsibilities of each of the parties
regarding the use of all 9-1-1 fees, equipment and data.
(19)
Non-Recurring Charge
- The amount of cost identified as the entire lump sum, or one time, cost
for 9-1-1 equipment replacement. The charge may be inclusive of an out right
purchase of equipment or the primary cost for the implementation of leased
equipment through a major telephone provider.
(20)
Public Safety Answering
Point - A 24-hour communications facility established as an answering location
for 9-1-1 calls originating within a given service area, as further defined
in applicable law, Texas Health and Safety Code, Chapter 771.
(21)
Recorders - Devices that
capture and retain sound, including but not limited to the following:
(A)
Voice Loggers - A device that records sound
on a permanent source for later review.
(B)
Instant Recall Recorders - A device that records
and temporarily stores calls for immediate review.
(22)
Regional Planning
Commission - A commission established under Local Government Code, Chapter
391, also referred to as a regional council of governments.
(23)
Strategic Plan - As part
of a regional plan, a document identifying 9-1-1 equipment and related activity,
by strategic plan component, required to support plan levels of 9-1-1 service
within a defined area of the state. The strategic plan normally covers at
least a three year planning period, and specifically projects 9-1-1 implementation
costs and revenues associated with the above including equalization surcharge
requirements.
(24)
Tangible Assets - Only
those items that are tangible may be considered for capital recovery costs.
Tangible assets items include, but is not limited to any capital equipment
such as the ANI/ALI Controllers, answering position units, integrated workstations,
addressing computers, GIS workstations, plotters, or any other technical piece
of equipment.
(25)
Uniform Grant Management
Standards (UGMS) - As developed by the Governor's Office of Budget and Planning,
January 1998, under the authority of the Texas Government Code, Chapter 783.
(26)
Useful Life - The period
of time that a piece of capital equipment can consistently and acceptably
fulfill its' service or functional assignment.
[
Policy and procedures. As
authorized by the Texas Health and Safety Code, Chapter 771, the Advisory
Commission on State Emergency Communications (ACSEC) may impose 9-1-1 emergency
service fees and equalization surcharges to support the planning, development,
and provision of 9-1-1 service throughout the state of Texas. The implementation
of such service involves the procurement, installation, and operation of equipment
designed to either support or facilitate the delivery of an emergency call
to an appropriate emergency response agency. It is the policy of the ACSEC
that this equipment be well maintained and provide the maximum performance
possible within the environment in which it operates. ]
(c)
Management and Disposition
of Equipment. Each RPC is responsible and accountable for all 9-1-1 and Addressing
Equipment in its region, as approved in its strategic plan, and will contract
with each of its participating Local Governments to ensure, at a minimum,
that: all issues of equipment ownership, transfer of ownership, control and/or
disposition of equipment acquired with 9-1-1 funds shall be identified within
interlocal agreements; and, all contract provisions for equipment shall be
consistent with Uniform Grant Management Standards (UGMS) as published by
the Governor's Office of Budget and Planning, January 1998.
(1)
Ownership of equipment acquired with 9-1-1 funds
will vest in the RPC upon acquisition, or in the Local Government as agreed
to within the applicable interlocal agreement.
(2)
Transfer of ownership of equipment acquired
with 9-1-1 funds shall be designated and approved in writing by the RPC, and
agreed upon within the interlocal agreement.
(A)
Before any such transfer of ownership, the RPC
should evaluate the adequacy of controls of the prospective receiver to ensure
that sufficient controls and security exist by which to protect and safeguard
the equipment purchased with 9-1-1 funds;
(B)
Transfer of Ownership documents shall be prepared
by the RPC and signed by both parties upon transference in accordance with
UGMS and the State Comptroller of Public Accounts;
(C)
Upon transference of ownership, the receiving
party shall assume responsibility for the proper use, maintenance, management,
control and safeguarding of the equipment.
(3)
Control of equipment shall be the
responsibility of the party to whom ownership is assigned.
(A)
The owner of the equipment shall have a capital
asset management system to ensure adequate safeguards to prevent loss, damage,
or theft of the equipment.
(B)
Any loss, damage, or theft of equipment shall
be investigated. Cases of theft will be pursued to the fullest extent of the
law.
(C)
Local Government and/or other responsible party
shall provide reimbursement to RPC, or owner, for damage to 9-1-1 and Addressing
equipment caused by intentional abuse, misuse or negligence by PSAP employees,
County/Addressing personnel, or other persons to whom custodial responsibility
is assigned. This provision shall not include ordinary wear and tear or ordinary
day to day use of equipment.
(4)
Disposition of equipment shall take
place when original or replacement equipment acquired with 9-1-1 funds is
obsolete, failing repeatedly, or scheduled for replacement; or, when the equipment
is no longer needed for the original project or program. Methods used to determine
per-unit fair market value must be documented, kept on file and made available
to the RPC and ACSEC upon request, and as outlined in the remainder of this
rule.
(A)
Equipment with a current fair-market value of
less than $1,000 may be retained, sold or otherwise disposed of with no further
obligation to the awarding agency. If sold, the resulting revenue shall be
returned to the capital recovery fund. If transferred to another program funded
by federal or state funds, the transfer of ownership shall be documented.
(B)
Equipment with a current fair-market value of
more that $1,000 may be retained or sold. If sold, the resulting revenue shall
be returned to the capital recovery fund. Proper sales procedures must be
established to ensure the highest possible return.
(C)
Equipment may be used for trade-in value to
offset the cost of replacement.
(d)
[
(1)
Regional planning commissions funding the purchase and/or
lease of 9-1-1 equipment shall develop and adopt maintenance plans covering
the equipment involved as part of the regional plan
within 30 days of
purchase.
(2)
Emergency communication districts requesting 9-1-1
funds in accordance with established rules and procedures for the maintenance
of 9-1-1 equipment shall provide a maintenance plan for the equipment involved
within 30 days of purchase.
(3)
Maintenance plans shall be provided to the ACSEC in
conjunction with equipment plan amendments or district requests submitted
to the Commission. For equipment purchased and/or leased prior to the adoption
of this rule, maintenance plans for regional planning commissions shall be
submitted to the ACSEC for consideration no later than the beginning of the
next budget cycle from the date of adoption of this rule.
(4)
Annual budgeted costs associated with the maintenance
of 9-1-1 equipment shall be monitored by the ACSEC staff for consistency with
approved maintenance plans. Such costs that are determined by the ACSEC staff
to not be consistent with approved maintenance plans shall be reviewed and
approved by the Commission.
[
Replacement.]
[
Regional planning commissions funding the purchase
and/or lease of 9-1-1 equipment shall develop and adopt replacement plans
designed to insure the availability of adequate financial and other resources
required to timely replace equipment that has reached the end of its useful
life.]
[
The initial useful life of 9-1-1 equipment
acquired prior to the adoption of this rule shall be the remaining life of
the equipment involved, calculated from the date of the adoption of this rule.]
[
Emergency communication districts requesting
9-1-1 funds in accordance with established rules and procedures for the replacement
of 9-1-1 equipment shall provide a replacement plan for the equipment involved.]
[
Annual capital reinvestment costs associated
with the replacement of 9-1-1 equipment shall be monitored by the ACSEC staff
for consistency with approved replacement plans. Such costs that are determined
by the ACSEC staff to not be consistent with approved replacement plans shall
be reviewed and approved by the commission.]
(e)
Requirements for Capital Recovery
Tracking. A Capital Asset Recovery Schedule that lists 9-1-1 related equipment
by recoverable item shall be included in each regional planning commission's
strategic plan. Strategic plans are required under the Health and Safety Code,
Chapter 771 and §251.6 of this title (relating to Guidelines for Strategic
Plans, Amendments, and Equalization Surcharge Allocation). A Capital Asset
Recovery Schedule shall be maintained by the regional council in a spreadsheet
or database that includes the following information for each item listed.
(1)
Date Acquired
(2)
Description
(3)
Location of the Equipment
(4)
Identifying Number (Serial, Asset Tag,
etc.)
(5)
Percent of State Participation (Cost Sharing)
(6)
Original Recovery Value
(7)
Life Assigned (In Years)
(8)
Annual Recovery Amount by Year (The total
for all items recovered should be equal to the annual amount that is identified
in the strategic plan for all components for one given year. The total amount
should also correspond to the budget amount identified in the quarterly Financial
Status Report)
(9)
Responsible Agency (Person in Possession)
(10)
Estimated Replacement Date
(11)
Addressing Program Asset? (Y/N)
(f)
Requirements for Capital Recovery
Fund Contributions. Contributions shall be made to the fund at least once
a quarter until the full fiscal year contribution budget has been reached.
The total deposit to the capital recovery account for a given year shall not
exceed the total amount identified in the strategic plan for that same year
for all levels. Should funding not be available to fully fund capital recovery
in all counties, the RPC shall balance regional priorities with the need to
maintain a consistent level of service in all counties.
(g)
Requirements for Capital Recovery
Fund Expenditures. Expenditures from the capital recovery schedule shall be
reported on the following Financial Status Report submitted to the ACSEC as
required by §251.6 of this title (relating to Guidelines for Strategic
Plans, Amendments, and Equalization Surcharge Allocation).
(1)
The RPC shall submit with the FSR a "Capital
Recovery Asset Disposal Notice" (as promulgated by the ACSEC) for each item
that is replaced using Capital Recovery Funds as follows.
Figure: 1 TAC 251.5(g)(1)
(2)
Should additional funds be needed, the
balance of funds needed for costs above original equipment costs must be identified
in the strategic plan in the corresponding county narrative and submitted
to ACSEC through an amendment.
(3)
Capital recovery funds set aside for replacement
of an asset and not expended when purchasing a replacement asset shall be
returned to the capital recover fund for future use.
(h)
Addressing Capital Recovery.
Costs for the replacement of addressing equipment purchased with 9-1-1 funds
shall be reflected within the regional planning council strategic plan. Computers,
printers, plotters, distance measuring devices (DMD), global positioning satellite
(GPS) equipment and sign-making machines that meet the definition of Capital
Equipment, shall be included in the schedule.
(i)
Emergency Communication Districts.
Those districts requesting 9-1-1 funds in accordance with established rules
and procedures for the replacement of 9-1-1 equipment shall provide a replacement
plan for the equipment involved.
(j)
Annual Certification. Regional
planning commissions shall submit an "Annual Certification of 9-1-1 Assets"
(as promulgated by the ACSEC) to the ACSEC at least once each fiscal year.
In accordance with UGMS, a physical inventory of the property must be taken
and the results reconciled with the property records at least once every year.
The RPC shall document and maintain all such inventory records, and will submit
copies to the ACSEC upon request.
Figure: 1 TAC §251.5(j)
(k)
Monitoring - The Commission
reserves the right to perform on-site monitoring of the RPC and/or its performing
Local Governments or PSAPs for compliance with this rule as well as all applicable
law, policies and procedures. All monitoring activities will be conducted
in accordance with ACSEC §251.11 of this title (relating to Monitoring
Policies and Procedures).
(l)
Other Issues.
(1)
The management and disposition of equipment
shall follow UGMS. Funds acquired from the disposal of assets shall be returned
to the 9-1-1 capital recovery fund.
(2)
The Texas
State
Property Accounting Policies and Procedures Manual
shall be referenced
for guidance (Comptroller of Public Accounts, May 1997; Phone number (512)
305-9954) when questions arise to particular questions not covered in this
rule.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
24, 1999.
TRD-9903053
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-6933
1 TAC §251.7
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.7, concerning Guidelines and Provisions
for Implementing Integrated Services.
The amendment provides clarification on the process prior to integrating
and deploying expanded third-party applications and provides consistency with
the changes in Commission policy.
This section is part of the agency's rule review of Chapter 251 (concerning
Regional Plans-Standards), pursuant to the Appropriations Act of 1997, HB
1, Article IX, Section 167.
The ACSEC is contemporaneously proposing the rule review of Chapter 251
elsewhere in this issue of the
Texas Register
.
James D. Goerke, executive director, ACSEC, has determined that for the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule, however, local governments may incur costs dependent upon the applications
they choose to incorporate into the 9-1-1 workstation.
Mr. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be improved effectiveness and reliability of 9-1-1 call delivery
systems in 9-1-1 regions throughout the state. No historical data is available,
however, there appears to be no direct impact on small or large businesses.
There is no anticipated economic costs to individuals, as no individuals have
a duty to comply with the rules as proposed. There is no anticipated local
employment impact as a result of enforcing the section.
Comments on the proposed rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.056, and 771.059; and the Texas Administrative
Code, Part XII, Chapter 251, Regional Plan Standards, which provide the Advisory
Commission on State Emergency Communications with the authority to administer
the implementation of statewide 9-1-1 service, to develop minimum performance
standards for 9-1-1 service to be followed in developing regional plans, and
to allocate money for the operation of 9-1-1 service.
No other statutes, articles or codes are affected by the proposed amendment.
§251.7.Guidelines for Implementing Integrated Services.
(a)
Definitions. When used in this rule, the following words
and terms shall have the meanings identified in paragraphs (1)-(13) of this
subsection, unless the context and use of the word or terms clearly indicates
otherwise:
(1)
9-1-1 Database Record. A physical record, which includes
the telephone subscriber information to include the caller's telephone number,
related locational information, and class of service, and conforms to NENA
adopted database standards.
(2)
9-1-1 Funds. Funds assessed and disbursed in accordance
with the Texas Health and Safety Code, Chapter 771.
(3)
9-1-1 Equipment. Capital equipment acquired partially
or in whole with 9-1-1 funds and designed to support and/or facilitate the
delivery of an emergency 9-1-1 call to an appropriate emergency response agency.
(4)
Address Completion. A county addressing project, based
upon the inventory, has corrected address errors, notified all affected residents
of address changes by the county addressing authority, provided all new or
changed addresses to telephone companies and the post office, and established
a maintenance method.
(5)
Address Maintenance Plan. A plan that identifies a
cost effective program for the maintenance of addressing in a county. For
regional planning commissions, [
(6)
Digital Map. A computer generated and stored data
set based on a coordinate system which, includes geographical and attribute
information pertaining to a defined location. A digital map includes street
name and locational information, data sets related to emergency service provider
boundaries, as well as other associated data.
(7)
Emergency Communications District (District). A public
agency or group of public agencies acting jointly that provided 9-1-1 service
before September 1, 1987, or that had voted or contracted before that date
to provide that service; or a district created under Texas Health and Safety
Code, Chapter 772, Subchapter B, C, or D.
(8)
Integrated Services. A level of service which, in
an integrated fashion, combines features normally associated with 9-1-1 call
delivery, including but not limited to automatic number identification (ANI),
automatic location identification (ALI), selective routing capabilities (SR),
and utilizes integrated enhancements to facilitate call delivery including,
but not limited to digital mapping capabilities. Integrated services for this
application is defined as incorporating multiple data signals into a single
workstation.
(9)
Graphical Display of Location Information. The ability
to display a map on a telecommunicator's terminal in response to a 9-1-1 call,
or inquiry, that relates to the caller's location. Features may include the
display of an address or geographic based coordinate locations, and the ability
to zoom, pan and show other related geographical information or features.
(10)
Geographic Information System (GIS). A system necessary
to map emergency service number (ESN) boundaries and reflect annexations and
other feature changes; to list emergency service provider translations for
ESNs; to provide and maintain master street guide (MSAG) format; validate
and resolve database discrepancies; to project new addresses and block ranges
as an initial assignment or correction for ongoing issuance of new addresses;
and for locator maps for emergency services providers.
(11)
Regional Planning Commission (RPC). A commission
established under Local Government Code, Chapter 391, also referred to as
a council of governments (COG).
(12)
Strategic Plans. Regional
strategic
plans
developed in compliance with Chapter 771 shall include a strategic plan that
projects regional 9-1-1 service costs, and service fee and other non-equalization
surcharge revenues
two
[
(13)
Wireless 9-1-1 Call. A call into a 9-1-1 system from
an end user of two-way local wireless voice service available to the public
from a commercial mobile radio service. The term includes any wireless two-way
communication device provided by a mobile service or the functional equivalent
of a mobile service.
(b)
Policy and Procedures. As authorized by the Texas Health
and Safety Code, Chapter 771, the
Advisory Commission on State Emergency
Communications (Commission)
[
(1)
Integrated Services
(A)
Personal Computer (PC) based Integrated Workstation (IWS)
9-1-1 call-taking equipment has the capability of expanding the traditional
9-1-1 Automatic Number Identification (ANI) and Automatic Location Identification
(ALI) feature functionality to allow for additional third-party public safety
software applications. The
Commission
[
(i)-(x)
(No change.)
(B)
Integrated services other than the applications listed
in clauses (i)-(x) of subparagraph (A) must have a demonstrated applicability
to the direct provisions of delivering 9-1-1 and emergency call-taking services.
Services not directly related to 9-1-1 call delivery, such as administration,
information management, and entertainment will not be authorized for integration
into the IWS 9-1-1 call-taking equipment.
(C)
Prior to integrating and deploying the expanded third-party
applications onto a IWS 9-1-1 call-taking environment,
the RPC must notify
the Commission of such intentions, in the form of a regional strategic plan
amendment. The
[
(i)
Documented [
(ii)
Baseline memory usage of the operating system should maintain
the "80/20" performance rule, thereby demonstrating that 80% of the total
memory is available to the operating system applications, while 20% of the
total memory remains unused.
The installation and use of third-party
software should not, in any way, lead to the degradation of equipment or services
subsequent to the installation of the ancillary software
[
(iii)
Documented [
(D)
Operating procedures should be established by the COG and/or
District and security measures taken and demonstrated to ensure that non-
Commission
[
(E)
Documentation of all testing shall be provided to the
Commission
[
(2)
Graphical Display.
(A)
Prior to the implementation of graphical display
of location information for a county system, a
RPC
[
(i)
[
(ii)
[
(iii)
[
(B)
[
(C)
[
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State on May
24, 1999.
TRD-9903054
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-6933
1 TAC §251.8
The Advisory Commission on State Emergency Communications
(ACSEC) proposes new §251.8, concerning Guidelines for the Procurement
of Equipment Services with 9-1-1 funds. The proposed rule provides guidelines
to assist local governments in the procurement of equipment and services with
9-1-1 funds and to ensure that all minimum competitive procurement requirements
are met. Additional amendments provide clarification for end-to-end lease
arrangements.
The ACSEC is contemporaneously proposing the rule review of Chapter 251
elsewhere in this issue of the
Texas Register
.
Elsewhere in this issue of the
Texas Register
, the ACSEC is contemporaneously withdrawing new §251.8, which
was previously proposed in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1699).
James D. Goerke, Executive Director, ACSEC, has determined that for the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule, although cost savings are possible as a result of established competitive
bidding for expenditures of all 9-1-1 funds.
Mr. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be an improved mechanism for procurement of equipment and
services with 9-1-1 funds and to ensure competitive procurement requirements
are met. No historical data is available, however, there appears to be no
direct impact on small or large businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed. There
is no anticipated local employment impact as a result of enforcing the section.
Comments on the proposed rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas,
78701-3942.
The new rule is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.071, 771.0711, 771.072, and 771.075, which authorize
the Commission to adopt policies and procedures prescribing the distribution
and use of 9-1-1 funds for providing 9-1-1 service.
No other statutes, articles or codes are affected by the proposed new rule.
§251.8.Guidelines for the Procurement of Equipment and Services with 9-1-1 Funds.
(a)
Policy and Procedures. As authorized by Chapter 771 of
the Texas Health and Safety Code, the Advisory Commission on State Emergency
Communications (Commission) may impose 9-1-1 emergency service fees and equalization
surcharges to support the planning, development, and provision of 9-1-1 service
throughout the State of Texas. The implementation of such service involves
the procurement, installation, and operation of equipment designed to either
support or facilitate the delivery of an emergency call to an appropriate
emergency response agency. This rule establishes procurement guidelines and
minimum competitive procurement requirements.
(1)
This rule applies to any procurement by a 9-1-1 administrative
entity, which exceeds $2,000, to be paid with funds from 9-1-1 emergency service
fees and 9-1-1 equalization surcharges from the State program.
(2)
This rule is not intended to prohibit a 9-1-1 administrative
entity's use of more stringent competitive procurement requirements or practices.
(b)
Definitions. The following words and terms, when used in
this rule, shall have the following meanings, unless the context clearly indicates
otherwise.
(1)
9-1-1 Administrative Entity--A municipality, a county,
an emergency communication district, a regional planning commission or any
other political subdivision that provides 9-1-1 administrative services.
(2)
9-1-1 Equipment and Services--Equipment and services
acquired partially or in whole with 9-1-1 funds and designed to support and/or
facilitate the delivery of an emergency 9-1-1 call to an appropriate Public
Safety Answering Point (PSAP).
(3)
9-1-1 Funds--Funds assessed and disbursed in accordance
with the Texas Health and Safety Code, Chapter 771.
(4)
Emergency Communication District--A public agency
or group of public agencies acting jointly that provided 9-1-1 service before
September 1, 1987, or that had voted or contracted before that date to provide
that service, or a district created under Subchapter B1, C2, or D3, the Texas
Health and Safety Code, Chapter 772.
(5)
NENA--The National Emergency Number Association, a
not-for-profit corporation founded to further the national goal of "One Nation,
One Number".
(6)
Regional Planning Commission (RPC)--A commission established
under Chapter 391, Local Government Code.
(c)
Competitive Procurement Required. Except as otherwise specifically
provided in this rule, all procurements in excess of $2,000 by a 9-1-1 administrative
entity, to be paid with 9-1-1 funds, shall be conducted in accordance with
the provisions of Article III, Source Selection and Contract Formation, of
the Texas Association of Regional Councils Model Procurement Policy, which
are hereby incorporated by reference in this rule and copies of which may
be obtained from the Texas Association of Regional Councils, 1305 San Antonio
Street, Austin, Texas 78701, or other limits established by locally adopted
procurement policy, whichever is more restrictive. In addition, all definitions
applicable to Article III which are set forth in the Model Procurement Policy
shall apply and are incorporated herein by reference along with any other
provision of the Model Procurement Policy cited in Article III.
(1)
For purposes of Section 3-202 of the Model Procurement
Policy, only subdivisions 1.a., d., e., and f. are incorporated herein.
(2)
The provisions of Section 3-204 b. of the Model Procurement
Policy, Competitive Telephone or Facsimile Bids (informal competitive bids)
shall apply for purchases in excess of $2,000 but less than $10,000 in the
aggregate.
(3)
The provisions of Section 3-204 c. of the Model Procurement
Policy, Competitive Written Bids or Quotations shall apply for purchases in
excess of $10,000 but less than $25,000 in the aggregate.
(4)
For purposes of Section 3-205 of the Model Procurement
Policy, Sole Source Procurement, prior written concurrence from the Commission
is required for any sole source procurement expected to exceed $25,000.
(5)
Compliance with those provisions in the Model Procurement
Policy which apply to specific funding sources or programs, such as JTPA,
is not required under this rule.
(d)
Record Retention. All procurement-related records must
be maintained by a 9-1-1 administrative entity in accordance with the provisions
of Article II, Part B: Record Retention, of the Texas Association of Regional
Councils Model Procurement Policy, which are hereby incorporated by reference
in this rule, except to the extent such provisions apply to specific funding
sources or programs.
(e)
Procurement of Statewide Services. 9-1-1 administrative
entities may procure certain 9-1-1 equipment, database services and network
services through contract with the Texas General Services Commission (GSC)
or the Commission.
(1)
The Commission reserves the right to procure certain 9-1-1
equipment, database services and network services for the State program based
on best value and upon determination of which goods or services are in the
State program's best interest. In instances of statewide procurement, the
Commission will work with the regional planning commissions and local governments
to ensure that such purchases of goods or services are consistent with local
9-1-1 systems' infrastructure and best meet the needs of the local governments.
(2)
Funds allocated for the procurement of certain 9-1-1
equipment, database services and network services will be subject to Commission
funding priorities and policies.
(f)
End-to-End Lease Arrangements. 9-1-1 administrative entities
shall have the option of procuring 9-1-1 customer premises equipment (CPE),
database and network services through end-to-end lease arrangements, only
when proper procurement procedures and guidelines are utilized and documented.
The RPC must demonstrate, through proper procurement procedures and documentation,
that the tariffed services are economically advantageous to the 9-1-1 administrative
entity.
(1)
All such CPE lease arrangements shall identify features
and equipment subject to the terms and conditions set forth in the RPC's Local
Exchange Carrier's (LEC) Texas Public Utility Commission (PUC) Approved Tariff.
Tariffed services are provided solely for the use and benefit of the 9-1-1
administrative entity.
(2)
Additions, modifications or the removal of features
from the leased CPE, with a total value below the $2,000 threshold set forth
in this rule, may be made by the LEC at the 9-1-1 administrative entity's
request.
(3)
Subsequent to the initial contract period, the tariffed
services may be automatically renewed annually for an additional 12 month
period unless:
(A)
either party notifies the other of its intent to terminate
the lease arrangement at least 90 days prior to the contract anniversary date;
(B)
CPE, valued in excess of $2,000, is to be completely removed
and replaced by new equipment; or
(C)
the necessity for additions and/or modifications to the
CPE becomes excessive, for any 12 month contract period.
(g)
NENA Standards. All procurement of 9-1-1 equipment, database
services and network services must adhere to the National Emergency Number
Association (NENA) Recommended Standards for network, data and PSAP/Customer
Premises Equipment (CPE), as developed by the NENA Technical Committee and
as approved by the NENA Executive Board.
(h)
Year 2000 Compliance. Year 2000 performance warranties
shall be included for products to be delivered and/or installed to accurately
process valid date data when used in accordance with the product documentation
provided by the vendor and require no extraordinary actions on the part of
the 9-1-1 administrative entity. Products will possess general integrity,
date integrity, explicit century capabilities and implicit century capabilities.
(i)
Code of Ethics. Employees of 9-1-1 administrative entities
or employees of entities receiving 9-1-1 emergency service fees and 9-1-1
equalization surcharges shall adhere to the following ethical standards, listed
in paragraphs (1)-(4) of this subsection. An administrative entity employee
may not:
(1)
Participate in work on a contract by taking action as an
employee through decision, approval, disapproval, recommendation, giving advice,
investigation or similar action knowing that the employee, or member of their
immediate family has an actual or potential financial interest in the contract,
including prospective employment;
(2)
Solicit or accept anything of value from an actual
potential vendor;
(3)
Be employed by, or agree to work for, a vendor or
potential vendor; or
(4)
Knowingly disclose confidential information for personal
gain. Regional planning commissions shall establish policies to ensure that
the above Code of Ethics is addressed in the procurement of all 9-1-1 equipment
and services. The administrative entity may have future 9-1-1 funds withheld
and/or be required to reimburse the Commission the amount of the misappropriated
funds.
(j)
Compliance. If a 9-1-1 administrative entity fails to comply
with the provisions of this rule, the Commission may consider the 9-1-1 administrative
entity's lack of compliance in fixing the rate of the 9-1-1 emergency service
fees, in determining the allocation of 9-1-1 equalization surcharges, or in
taking any other action that is consistent with Section ___.43 (relating to
Enforcement) of the Texas Uniform Grant Management Standards, as adopted by
reference in §5.144 of this title (relating to Adoption by Reference)
.
(k)
Applicability of State Procurement Statutes. To the extent
of any conflict between this rule and applicable state statutes prescribing
procurement methods, such statutes shall be followed.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9903056
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-6933
1 TAC §251.9
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.9, concerning the use and distribution
of 9-1-1 funds and other related funds for street addressing, which provide
for the proper maintenance of maps and records associated with an addressing
system for the proper operation of an E9-1-1 system and the delivery of a
caller's location.
The amendment changes the strategic planning period from three to two years
and proposes to provide consistency with the changes in Commission policy.
This section is part of the agency's rule review of Chapter 251 (concerning
Regional Plans-Standards), pursuant to the Appropriations Act of 1997, House
Bill 1, Article IX, §167.
The ACSEC is contemporaneously proposing the rule review of Chapter 251
elsewhere in this issue of the
Texas Register
.
James D. Goerke, Executive Director, ACSEC, has determined that for the
first five-year period the section is in effect there may be limited fiscal
implications for state or local government as a result of enforcing or administering
the section.
Mr. Goerke also has determined that for each year of the first five years
the section is to be in effect, the public benefit anticipated as a result
of enforcing the section will be the proper maintenance of maps and records
associated with an addressing system for the proper operation of an E9-1-1
system and the delivery of a caller's location. There will be no effect on
small businesses. There are no anticipated economic cost to persons who are
required to comply with the section as proposed. There is no anticipated local
employment impact as a result of enforcing the section.
Comments on the proposed amendment may be submitted in writing within 30
days after publication of the proposal in the
Texas
Register
to: James D. Goerke, Executive Director, Advisory Commission
on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin,
Texas, 78701-3942.
The amendment is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.056, and 771.057; and the Texas Administrative
Code, Part XII, Chapter 251, Regional Plan Standards, which provides the Advisory
Commission on State Emergency Communications with the authority to develop
and amend a regional plan that meets standards set for the operation of prompt
and efficient 9-1-1 service throughout a region. The maintenance of street
addresses is essential to E9-1-1 systems utilizing the Automatic Location
Identification feature which displays the locations of 9-1-1 callers.
No other statutes, articles or codes are affected by the proposed amendment.
§251.9.Guidelines for Addressing Maintenance Funds.
The Advisory Commission on State Emergency Communications
(Commission)
[
(1)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(A)
9-1-1 Database Record--A physical record, which includes
the telephone subscriber information to include the caller's telephone number,
related locational information, and class of service, and also conforms to
NENA adopted database standards.
(B)
9-1-1 Funds--Funds assessed and disbursed in accordance
with the Texas Health and Safety Code, Chapter 771.
(C)
Addressing Completion--A county addressing project, based
upon the inventory, has corrected address errors, assigned street address,
provided all new or changed addresses to telephone companies, and established
a maintenance method.
(D)
Capital Replacement Cost--The non-recurring cost of replacing
equipment purchased with 9-1-1 funds amortized over a selected period of time.
(E)
Digital Map--A computer generated and stored data set based
on a coordinate system, which includes geographical and attribute information
pertaining to a defined location. A digital map includes street name and locational
information; data sets related emergency service provider boundaries, as well
as other associated data.
(F)
Emergency Communications District--A public agency or group
of public agencies acting jointly that provided 9-1-1 service before September
1, 1987, or that had voted or contracted before that date to provide that
service; or a district created under Texas Health and Safety Code, Chapter
772, Subchapter B, C, D, or E.
(G)
Graphical Display of Location Information--The ability
to display a map on a telecommunicator's terminal in response to a 9-1-1 call
or inquiry that relates to the caller's location. Features may include the
display of an address or geographic based coordinate locations and the ability
to zoom, pan, and show other related geographical information or features.
(H)
Geographic Information System (GIS)--A system necessary
to map emergency service number (ESN) boundaries and reflect annexations and
other feature changes; to list emergency service provider translations for
ESNs; to provide and maintain master street address guide (MSAG) format; to
validate and resolve database discrepancies; to project new addresses and
block ranges as an initial assignment or correction; for ongoing issuance
of new addresses; and for locator maps for emergency services providers.
(I)
Regional Planning Council
(RPC)
--A commission
established under Local Government Code, Chapter 391, also referred to as
a regional council of governments (COG).
(J)
Strategic Plan--As part of a regional plan, a document
identifying 9-1-1 equipment and related activity, by strategic plan component,
required to support planned levels of 9-1-1 service within a defined area
of the state. The strategic plan
shall
[
(i)
Strategic Plan Component. Within a 9-1-1 implementation
priority level, a category of 9-1-1 activity and/or equipment generally associated
with 9-1-1 implementation cost.
(ii)
Strategic Plan Level.
A
[
(K)
Unaddressed County. A county in Texas which has not completely
assigned new addresses and provided all new or changed addresses to telephone
companies under a county addressing process.
(2)
Policy and Procedures. As authorized by the Texas
Health and Safety Code, Chapter 771, the
Commission
[
(A)
A regional planning council or emergency communication
district applying on behalf of a county which is operating 9-1-1 service and
has completed a county addressing project is considered eligible.
(B)
[
(C)
An addressing maintenance plan shall be submitted by the
regional planning council in conjunction with the approved strategic plan.
The maintenance plan shall provide an overview of all projected activities,
identify all parties involved and their associated responsibilities.
(D)
Budgets shall be developed by the local governments each
fiscal year, identifying all projected addressing maintenance expenditures.
These budgets will be reviewed [
(E)
Addressing maintenance funds will be allocated based on
need as justified by the local government and approved by the Commission.
If equalization surcharge funds are required for addressing maintenance, they
shall be allocated first to eligible recipients requiring such funds for administrative
budgetary purposes, followed by Level I, II and III activities, in that order.
(F)
[
(3)
Requesting addressing maintenance funds. A strategic
plan amendment from a regional planning council or a request from an emergency
communication district is required as a means of requesting funds under this
program.
(A)
A strategic plan amendment from a regional planning council
or a request from an emergency communication district must contain the following:
(i)
A fully executed interlocal agreement between the regional
planning council and the county;
(ii)
An addressing maintenance plan identifying all activities
and responsible parties involved; and
(iii)
An approved budget outlining addressing maintenance components
and projected expenditures.
(B)
Funds requested by a regional planning council or an emergency
communication district shall be reflected as an expenditure on the
Commission
[
(4)
Budget components. A regional planning council
or an emergency communication district must submit an addressing maintenance
budget to the
Commission
[
(A)
Personnel--Unless otherwise justified, 0.5 FTE will be
the maximum allowable for each county. For each staff position, the following
must be provided:
(i)
position title;
(ii)
duties related to addressing maintenance;
(iii)
total salary for the budget period;
(iv)
chargeable salary (total salary less release time);
(v)
percentage of time to be charged to addressing maintenance;
and
(vi)
total salary chargeable to addressing maintenance.
(B)
Travel--Total local travel estimated for the budget period
multiplied by the current reimbursement rate for use of personally owned vehicles
as defined by the State of Texas. List the cost rate for county owned vehicles.
(C)
Supplies--Total costs associated with consumable office
supplies to be purchased during the budget period. Also, total costs associated
with the reproduction of maps for use by local emergency service agencies
may be reflected as part of this item.
(D)
Rent--Total square feet of space devoted to addressing
maintenance times the rental rate to be charged during the budget period.
(E)
Maintenance and repairs--Total maintenance costs for addressing
maintenance equipment during the budget period. Computers, printers, plotters,
distance measuring devices (DMD), global positioning satellite (GPS) equipment
and sign-making machines may be included.
(F)
Communications--Total costs for communications including
telephone, fax, courier, etc., during the budget period.
(G)
Postage and Mailing--Total costs for postage and mailing
services expected during the budget period.
(H)
Utilities--Total costs for utilities such as electricity,
gas, water, etc., expected during the budget period.
(I)
Training--Total costs for training associated with addressing
maintenance functions expected during the budget period.
(J)
Other--Total costs for other items not identified in Subparagraphs
(A)-(I) of this paragraph.
(K)
Street Sign Replacement--Cost share of the replacement
of existing street signs located in the unincorporated areas of the county.
This item shall not include the purchase of new signs in the county subsequent
to the completion of rural addressing.
(5)
Capital replacement. Costs for the replacement
of equipment purchased with 9-1-1 funds shall be reflected within the regional
planning council strategic plan Capital Recovery (Addressing) component. Computers,
printers, plotters, distance measuring devices (DMD), global positioning satellite
(GPS) equipment and sign-making machines may be included. A capital replacement
schedule will be submitted to the
Commission
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9903057
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 305-6933
Part IV.
Office of the Secretary of State
amending
]
an existing rule, you must account for all existing language. Within the rule
structure, put new language before obsolete language. Use the codes as described
in §91.61(c)(5), (6), and (9) of this title (relating to Electronic Procedures
for Filing Rules and Miscellaneous Documents).
(e)
]
(f)
]
(g)
]
Subchapter B. Filing Procedures
(5)
]
(6)
]
Part XII.
Advisory Commission on State Emergency Communications
(a)
] All
regional strategic
plans (regional plans), or amendments to those regional plans, for
9-1-1
Service [
plans
] must be submitted to the Advisory Commission on
State Emergency Communications ([
the
] Commission) by a Regional
Planning Commission
[
Council of Government (RCOG)
]
(RPC)
as specified by Health and Safety Code, Chapter 771.056.
The RPC shall comply with all applicable federal and state laws (applicable
law) in carrying out its approved regional plan.
(b)
] All
regional plans for
9-1-1 service [
plans
] submitted for approval must address
the entire geographic area within the boundaries of
a RPC
[
an RCOG
]. The
regional
plan must identify all public safety
agencies as participating or nonparticipating. All counties with a population
greater than 120,000, according to the latest federal census, must have 9-1-1
service by September 1, 1995. In counties with less than 120,000 in population,
resolutions supporting the
regional
plan must be included for all
participating cities and counties. Because the definition of Public Agency
in Health and Safety Code, Chapter 771.001(6) creates a possibility of overlapping
jurisdictions, the city or county government of that area should submit the
resolution to support the
regional
plan.
(c)
] A regional plan may be amended
according to procedure established by the [
Advisory
] Commission
[
on State Emergency Communications
].
(d)
] All
regional
plans
submitted for approval must
describe how the 9-1-1 service is to be administered,
include a
description of how money allocated to the region is
to be allocated in the region, include projected financial operating information
for the two state fiscal years following the submission of the regional plan
and include strategic planning information for the five state fiscal years
following the submission of the regional plan.
[
complete description
of the proposed system and its operation.
]
(e)
] All
regional
plans
for 9-1-1 service must include at least the following.
every day
]. If there is more than one Public Safety
Answering Point (PSAP), the system may be arranged for two or more PSAPs to
share the 24-hour duty requirement.
(6)
at least two trunks
] between each telephone central office and
the 9-1-1 tandem office if a tandem is used.
class marking,
] or an
equivalent method of routing of calls is used, calls from telephone lines
used by customers in an area not using 9-1-1 as an emergency number must be
routed to a recorded announcement that directs the customer to call their
local public safety agency.
directed
] to a PSAP by selective routing must be extended, transferred, or relayed
to the proper public safety agencies.
(e.g., no seven or
ten digit screening numbers)
].
Upon direction by the Commission,
all
[
All
] 9-1-1 service systems must immediately request
from service providers in the
9-1-1 entity's
geographic area that
Phase I wireless service (
a wireless caller's ANI and the location of
the base station or cell site receiving a 9-1-1 call
)
be provided
to the appropriate PSAP.
[
through the use of Pseudo ANI and ANI
by no later than the eighteen month deadline specified by the Federal Communications
Commission in 47 CFR §20.18(d). The terms ANI and Pseudo ANI have the
same meanings as in 47 CFR §20.18. All 9-1-1 service systems must be
capable of receiving the data elements associated with this service by no
later than the 18-month deadline specified in 47 CFR §20.18(d).
]
Implementation timelines and associated cost recovery plans shall be provided
to the Commission prior to service activation. All wireless service shall
be implemented in accordance with Commission Rule §251.10 of this title
(relating to Guidelines for Implementing Wireless E9-1-1 Service).
(f)
] The
regional
plan
must include a description of how the service is to be administered as required
by Health and Safety Code, Chapter 771.055(b).
(g)
] The
regional
plan
must include a description of how money
is to be
allocated to the
region
[
RCOG
]
as required by
[
under the
]
Health and Safety Code, Chapter 771
.055(c)
[
is to be allocated
within the region as required by the Health and Safety Code, Chapter 771.055(c)
].
(h)
] The
regional
plan
must include detailed descriptions of the cost of equipment
,
[
and
] the operating expenses for the proposed 9-1-1 Service
and
any other associated costs
that are to be funded by fees or surcharges
collected in accordance with the Health and Safety Code, Chapter
771.055(c).
[
771, Subchapter D.
]
(ACSEC)
] may impose 9-1-1 emergency service
fees and equalization surcharges to support the planning, development, and
provision of 9-1-1 service throughout the State of Texas.
The Commission
[
ACSEC
] is responsible for administering the implementation
of statewide 9-1-1 service.
The Commission
[
ACSEC
] is
also responsible for minimum performance standards for the operation of 9-1-1
service to be followed in developing regional plans. One of the most fundamental
components of any 9-1-1 service operation and any regional
strategic
plan is how the 9-1-1 service will be provided by the
telecommunications
service provider(s) directly connecting to the Public Safety Answering
Point (PSAP). Changing the tandem and/or database service arrangements for
direct connection to the PSAP, adding additional tandem,
wireless, private
switch
and/or database service providers, or extending current service
arrangements for a fixed period may potentially adversely
affect
[
effect
] the level, quality, and costs of 9-1-1 service
and
[
Changing the tandem and/or database service arrangements for
direct connection to the PSAP, adding additional tandem and/or database service
providers, or extending current service arrangements for a fixed period
]
may also potentially adversely effect other service providers that rely on
another service provider for interconnection to the PSAP (e.g., other service
providers need to know which provider to send Automatic Number Identification
(ANI) information and Automatic Location Information (ALI) records, the format
for ALI records, the procedures for modifying 9-1-1 database information,
and how 9-1-1 service will be provided to their end-user customers). It is
the policy of
the Commission
[
ACSEC
] that the highest
level of 9-1-1 emergency service continues to be provided notwithstanding
the new competitive telecommunications environment. Therefore, any agreement
by a regional planning commission with a service provider to change or to
extend 9-1-1 service arrangements for a fixed period must be made contingent
upon final approval of a regional
strategic
plan amendment. For
emergency communication districts requesting 9-1-1 funds in accordance with
established rules and procedures for 9-1-1 service arrangements, the extent
to which the guidelines below are satisfied may be considered in allocating
equalization surcharges.
(ii)
] As a result of the joint
planning meeting either each technical issue or objection by other service
providers has fully been resolved or an impartial statement of each unresolved
issue or objection has been provided. (A joint planning meeting is open to
evaluate all alternatives and is not limited to a discussion of one service
provider's proposal.)
(iii)
] An inventory of each affected
exchange, central office, [
and
] tandem,
private switch, PBX,
or Mobile Telephone Switching Office (MTSO)
has been provided to all
affected service providers and
the RPC/District that is
involved.
(iv)
]
Cost verification
[
An itemization
] of all costs under the proposal and an itemized
comparison with all costs under current rates (e.g., itemized list and comparison
of all charges for each level of service, for all database service, etc.)
(v)
]
takes
] full responsibility to professionally and timely coordinate all 9-1-1
service changes and modifications with all
wireline
, [
service
providers
],
wireless, database
and private switch
service
providers involved in the geographic area
.
and
] that any necessary new or modified interconnection
agreements relating to 9-1-1 service will be approved by the Public Utility
Commission of Texas before the effective date of the proposed agreement and
as necessary thereafter.
(vii)
] The proposal includes
a statement of work to be performed that includes:
occur and
] be
conducted
and documented
[
coordinated
];
(IV)
] how interfaces with other
service providers will be accomplished and coordinated;
(V)
]
a comprehensive list
of all components and processes
[
an explanation of everything
]
necessary for implementation;
(VI)
] a
comprehensive list
of all components and processes
[
schedule of everything
]
necessary for database service implementation, including Emergency Service
Number (ESNs) assignments, [
and
] Master Street Address Guide (MSAG)
revisions,
selective routing tables, Emergency Service Routing Digit
(ESRD), wireless cell site locations
and distribution to other service
providers; [
and
]
(VII)
] an explanation of any potential
Customer Premises Equipment (CPE) impacts
, or necessary modifications
.
(viii)
(ix)
] The proposal provides for
and enables long-term number portability or that any modifications necessary
for long-term number portability will be specified.
(x)
] The proposal specifies any
additional costs to any PSAP or 9-1-1 entity for any modifications necessary
during the period of the agreement because of Number Plan Area (NPA) splits
and/or existing tandem or other network limitations.
(xi)
] The proposal provides that
there will be no additional costs to any PSAP or 9-1-1 entity to maintain
the current level of E9-1-1 service, except as specifically set forth in an
itemized list that is part of the proposed agreement.
(xii)
] No further agreement
by the regional planning commission is necessary to implement the proposal
(e.g., the service provider and not the regional planning commission is responsible
for any and all coordination with other parties or service providers that
may be necessary to implement the proposal).
(xiii)
] A most favored nation
provision (i.e., a provision that requires the best price provided to any
other similarly situated entity in Texas for comparable service) is included
in the agreement and the service provider will automatically reduce the rates
and charges in the agreement if comparable service is offered in Texas at
a lower rate or charge by that service provider to any similarly situated
other PSAP or 9-1-1 entity.
(xiv)
] The service provider will
comply with all
applicable law, Commission
[
ACSEC
] and
Public Utility Commission of Texas rules or regulations relating to 9-1-1
service.
ACSEC
];
the
]
Commission
[
ACSEC
] staff for consistency with this section. Such costs that
are determined by [
the
]
Commission
[
ACSEC
]
staff to not be consistent with this section shall be reviewed by the Commission.
(a)
]The Commission
has
established
rules and policies
[
standards
] that must
be
implemented
[
met
] in a 9-1-1 Regional
Strategic
Plan
(Chapter 251 of this title (relating to Regional Plans-Standards)
.
(b)
]
look favorably on
] accessibility equipment
that will improve the effectiveness and reliability of 9-1-1 call delivery
systems.
This may include the following when the equipment is for 9-1-1
call delivery: surge protection devices, uninterrupted power source (UPS),
power backup, voice recorders, paging systems for 9-1-1 call delivery, security
devices, and back-up communication services.
(c)
The following guidelines will be used in evaluating
accessibility equipment.
]
(1)
]
(ACSEC)
] effective April
1, 1991.
(A)
] The program is utilized
by Texas regional [
councils
]
planning commissions,
as
well as 9-1-1 emergency Communications Districts. After the program was moved
to the
Commission
[
(ACSEC)
], the TCDHI's TDD program
closed and those units loaned from their agency were recalled. An agreement
was arranged for the
Commission
[
(ACSEC)
] to purchase
those units already placed in emergency response centers.
(B)
(2)
(A)
(B)
the Maintenance and Replacement of ] 9-1-1 Equipment Management, Disposition and Capital Recovery .
(a)
] Definitions. The following
words and terms, when used in this section shall have the following meanings,
unless the context clearly indicates otherwise.
(1)
] 9-1-1 Funds - Funds assessed
and disbursed in accordance with the Texas Health and Safety Code, Chapter
771.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(b)
(c)
] Maintenance
- Maintenance
procedures shall be in place to keep the property in good condition.
(d)
(1)
(2)
(3)
(4)
also referred to as a council of governments
(COG),
] this plan is part of a regional plan as described by the Texas
Health and Safety Code, Chapter 771.
at least three
] years into the
future, beginning September 1, 1994. Within the context of §771.056(d),
the Advisory Commission on State Emergency Communications (ACSEC) shall consider
any revenue insufficiencies to represent need for equalization surcharge funding
support.
ACSEC
] may impose 9-1-1 emergency
service fees and equalization surcharges to support the planning, development,
and provision of 9-1-1 service throughout the state of Texas. The implementation
of such service involves the procurement, installation and operation of equipment
designed to either support or facilitate the delivery of an emergency call
to an appropriate emergency response agency. In addition, the
Commission
[
ACSEC
] has funded addressing projects throughout the state
to allow for the implementation of Automatic Location Identification (ALI)
level of service
and the implementation of a wireless 9-1-1 solution
. In the funding of such projects, it has been the policy of the
Commission
[
ACSEC
] to fund geographic information systems
and the development of digital maps to support such activities. The
Commission
[
ACSEC
] recognizes the rapidly changing telecommunications
environment in wireline and wireless services and its impact on 9-1-1 emergency
services. Integration of new technology and 9-1-1 functionality are enhancing
and facilitating the delivery of an emergency call. It is the policy of the
Commission
[
ACSEC
] that all 9-1-1 emergency calls for service
be handled at the highest level of service available. In accordance with this
policy, the following policies and procedures shall apply to the procurement,
installation, and implementation of integrated services funded in part or
in whole by the 9-1-1 funds referenced in subsection (1)(2) of this section.
Prior to money being considered for allocation for implementation of integrated
services for a county system, a COG and/or District receiving equalization
surcharge funds from the
Commission
[
ACSEC
] shall meet
the following requirements listed in paragraphs (1)-
(2)
[
(4)
] of this subsection:
ACSEC
] is supportive
of such advancement in emergency services call-taking capabilities; however,
to ensure
that
the integrity of 9-1-1 is maintained, only the following
features listed in clauses (i)-(x) of this subparagraph are eligible integrated
services:
the
] following listed in clauses (i)-(iii)
of this subparagraph must be demonstrated to the Commission to ensure the
stability and reliability of the 9-1-1 system:
"Lab"
] testing shall be completed
by the IWS Vendor and
RPC
[
councils of governments
]
demonstrating the successful integration of the authorized third-party applications.
Test scenarios should include documentation of the operating system requirements,
detailed functionality results as each application is integrated and evaluated
independently, and load testing results of all systems operating together
on the IWS workstation.
A minimum
testing period of one week prior to the cut over of the newly integrated system
is required
].
"Live"
] testing in a PSAP shall
also be completed by the IWS Vendor with cooperation and coordination by the
COG or District, demonstrating the successful integration of the authorized
third-party applications. Test scenarios should include documentation of the
operating system requirements, detailed functionality results as each application
is integrated and evaluated independently, and load testing results of all
systems operating on the IWS workstation, as well as a standardized set of
basic call-taking functions.
A minimum testing period of one week prior
to the cut over of the newly integrated system is required
[
The
installation and use of third-party software should not, lead to the degradation
of equipment or services subsequent to the installation of the ancillary software
].
ACSEC
]-approved third-party software applications
cannot be integrated into the IWS platform.
ACSEC
] prior to
approval or
funding
of any integrated services.
COG
]
and/or District shall meet the following requirements listed in
clauses
(i)-(iii) of this subparagraph
[
subparagraphs (A)-(C) of this paragraph
] :
(A)
] Complete the county addressing
project.
(B)
] Develop a digital map.
(C)
] Establish and adopt a maintenance
plan of the county digital map, county addressing project, and the associated
county 9-1-1 database records.
(3)
] The maintenance plan shall
be provided to
the Commission
[
ACSEC
] in conjunction
with strategic plan annual review or district requests submitted to the Commission
following the adoption of this rule in accordance with established Commission
policy.
(4)
] Annual budgeted costs associated
with authorized integrated services, as outlined in this rule, shall be monitored
by the
Commission
[
ACSEC
] staff for consistency with
approved maintenance plans and systems costs. Such costs that are determined
by
Commission
[
ACSEC
] staff to not be consistent with
the approved strategic plan, shall be presented for review and approval by
the Commission.
(ACSEC)
] has adopted a policy regarding rural addressing
maintenance and the use of state funds. These guidelines address the use and
distribution of 9-1-1 Funds and other related funds. The maintenance of street
addresses is essential to E9-1-1 systems utilizing the Automatic Location
Identification (ALI) feature, which displays the locations of 9-1-1 callers.
normally
]
cover
[
covers at least
] a
two
[
three
]
year planning period and specifically projects 9-1-1 costs and revenues associated
with this section including equalization surcharge requirements.
An
]
Commission
[
ACSEC
] established statewide implementation priority
generally associated with a level of 9-1-1 service--e.g., Automatic Number
Identification (ANI).
ACSEC
] may impose 9-1-1 emergency service fees and equalization surcharges
to support the planning, development, and provision of 9-1-1 service throughout
the State of Texas. The implementation of such service involves the procurement,
installation, and operation of equipment designed to either support or facilitate
the delivery of an emergency call to an appropriate emergency response agency.
In addition, the
Commission
[
ACSEC
] has funded addressing
projects throughout the state to allow for the implementation of Automatic
Location Identification (ALI) level of service. In the funding of such projects,
it has been the policy of the
Commission
[
ACSEC
] to
fund geographic information systems and the development of digital maps to
support such activities. The
Commission
[
ACSEC
] recognizes
that the maintenance of addressing systems is essential to the proper operation
of an E9-1-1 system and the delivery of a caller's location. If not properly
maintained, the maps and records associated with an addressing system will
soon become unreliable and problematic.
In accordance with state law, interlocal
]
Interlocal
agreements shall be executed between the regional planning
council and the county. The agreement shall identify the responsibilities
of all parties and provide for the reporting of performance measures.
annually
] during the strategic
plan review process. Activities performed by the regional planning council
shall be identified within its administrative budget.
Annual budgeted
]
Budgeted
costs
associated with addressing maintenance shall be monitored by the
Commission
[
ACSEC
] staff for consistency with approved strategic plans.
ACSEC
] Financial Status Report.
ACSEC
] for approval. Addressing
maintenance budgets may include the following cost components listed in subparagraphs
(A)-(K) of this paragraph:
ACSEC
]
by the regional planning council.