Part XII.
Advisory Commission on State Emergency Communications
Chapter 251.
Regional Plans-Standards
1 TAC §251.3
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.3, concerning Guidelines for Addressing
Funds to ensure the collection of address data.
The amendment requires the reporting to the ACSEC of such addressing data
on a quarterly basis, at a minimum, or on an as-needed basis. The amendment
also addresses the reallocation of pool funds.
This section is amended as part of the agency's rule review of Chapter
251, Pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section
167. The proposed rule review of Chapter 251 was previously published in the
June 4, 1999, issue of the
Texas Register
(24 TexReg 4255)
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 record keeping for accountability of 9-1-1 funds.
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, 771.056, 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 amendment.
§251.3.Guidelines for Addressing Funds.
(a)
(No change.)
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)-(10)
(No change.)
(11)
Regional Plan. Each regional planning commission
shall develop and 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 [
(12)-(16)
(No change.)
(17)
Unaddressed Land Parcel Count. The estimated number
of county land parcels, which have
not been addressed,
[
(18)-(20)
(No change.)
(c)
Policy and Procedures. The Commission authorizes and allocates
addressing funds to include Addressing Pool Funds and 9-1-1 Funds. Addressing
Pool Funds may include funds not actually provided ACSEC but placed under
its control by a third party specifically for the purposes of this program.
(1)
Any unaddressed county
which
[
(2)-(4)
(No change.)
(5)
Addressing Pool Funds may be reallocated
by the Commission, at their discretion, to other participating counties with
the concurrence of the appropriate local 9-1-1 planning entity, until such
time as the Pool Funds have been depleted.
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(d)
Requesting Addressing Pool Funds and 9-1-1 Funds. A regional
plan amendment from a
RPC
[
(1)
A regional plan amendment or request for funds from a COG
must contain the following:
(A)-(B)
(No change.)
(C)
An approved
strategic plan budget
[
(D)
If necessary, a request to amend the
RPC
[
(E)
A county commissioners court order in support of the addressing
request where a
RPC
[
(2)
(No change.)
(3)
Regional plan amendments and requests for funds under
this program should be submitted by the
RPC
[
(e)
Reporting. Addressing funds will be allocated to
RPCs
[
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
June 14, 1999.
TRD-9903524
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 25, 1999
For further information, please call: (512) 305-6933
1 TAC §251.6
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.6, concerning Guidelines for Strategic
Plans, Amendments and Equalization Surcharge Allocation. The amendment provides
language consistent with new legislation; provides for a biennial review of
strategic plans; provides additional minimum standards for reporting; and
updates administrative requirements and processes.
This section is amended as part of the agency's rule review of Chapter
251, Pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section
167. The proposed rule review of Chapter 251 was previously published in the
June 4, 1999, issue of the
Texas Register
(24 TexReg 4255)
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 system for quantitative reporting and monitoring
mechanisms for the 9-1-1 program statewide. 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 pursuant to the Texas 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 amendment.
§251.6.Guidelines for Strategic Plans, Amendments, and Equalization Surcharge Allocation.
(a)
Policy and Procedures. As authorized by the Texas Health
and Safety Code, Chapter 771, the Advisory Commission on State Emergency Communications
(Commission)
[
(b)
Strategic Plan Levels. Regional
strategic
plans
developed in accordance with Chapter 771, along with the commensurate allocation
of the above described funds, shall reflect implementation consistent with
the following three major strategic plan levels (in order of priority).
(1)
Level I: 9-1-1 service generally associated with Automatic
Number Identification (ANI), to include the following components and associated
costs:
(A)-(E)
(No change.)
(F)
Maintenance
/Repair
[
(G)
(No change.)
(2)
Level II: 9-1-1 service generally associated
with ANI, Selective Routing (SR), [
(A)-(E)
(No change.)
(F)
Maintenance
/Repair
(CPE); [
(G)
Capital recovery ([
(H)
Capital Recovery (addressing)
(3)
Level III: Other 9-1-1 equipment, services and
enhancements to same, to include, but not limited to the following components
and associated costs:
(A)-(J)
(No change.)
(K)
Maintenance/Repair (ancillary equipment);
(L)
[
[
(M)
Other.
(c)
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 at least
two
[
(1)
The Commission
[
(2)
Strategic plans shall be reviewed and amended, as
appropriate, on
a
[
(3)
Each
biennial
[
(4)
Strategic plans shall be consistent with the three
major implementation priority levels identified above
, in subsection
(b)(1), (2) and (3) of this section
, and all applicable
Commission
[
(5)
A regional planning commission shall submit financial
and performance reports at least quarterly on a schedule to be established
by
the Commission
[
(d)
Amendments to Regional
Strategic
Plans.
(1)
A regional planning commission may make changes to its
approved regional
strategic
plan to accommodate unanticipated requirements
and/or to prevent disruption of its implementation schedule, contingent upon
compliance with all
Commission
[
(A)
The changes do not require additional equalization surcharge
funds; and
(B)
The changes are consistent with all
Commission
[
(2)
Changes made to the regional plan must be reported
in writing to the
Commission
[
(3)
Emergency situations requiring amendments to regional
plans that require additional funding may be presented to the
Commission
[
(e)
Allocation of Equalization Surcharge Funds.
(1)
Consistent with this rule, the
Commission
[
(2)
Equalization surcharge funds 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.
(3)
If sufficient equalization surcharge funds are not
available to fund all regional planning commission strategic plan and district
requests, funds shall be allocated to provide a consistent level of 9-1-1
service throughout the State of Texas in accordance with the priority levels
described. Such allocation
methods
may include, but are not limited
to, one or more of the following:
(A)
In reverse order of priority, reducing the number of priority
level components supported with equalization surcharge funds;
(B)
Requesting that
regional
[
(C)
In order of priority, proportionally allocating available
funds among requesting agencies.
(4)
The
Commission
[
(f)
Funding Parameters. The Commission will look favorably
on plan amendments for tandem and/or database service arrangements and ancillary
equipment that will improve the effectiveness and reliability of 9-1-1 call
delivery systems. This will 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 other back-up communication services.
(1)
Paging Systems. Funding for the paging systems may be approved
when such systems are the most effective means of 9-1-1 call delivery and
they do not replace other paging or radio alerting systems. Funding for paging
will be limited to systems, where alternative systems or the systems now in
use cause significant delay in 9-1-1 call delivery and where existing radio
systems can be modified to accommodate paging. Funding for pagers (receivers)
will be limited to
three, providing pagers to
only [
(2)
Voice Recording Equipment. Voice loggers may be approved
when the primary use of the equipment is in support of the 9-1-1 call-taking
and call-delivery function. Extra capacity on such systems may be used for
other public safety functions (such as dispatch); however, 9-1-1 funding will
not be authorized for systems whose capacity clearly exceed actual or anticipated
9-1-1 requirements. Shared funding of larger systems to accommodate both a
9-1-1 PSAP and a PSAP operating agency's other needs will be considered
on a case-by-case basis
. Other considerations include:
(A)
The Commission will normally fund voice recording capability
in a PSAP to record the conversation on each answering position used to answer
emergency calls on a regular basis. (This means one recording channel per
9-1-1
answering position instead of one channel per incoming line.)
(B)-(F)
(No change.)
(G)
When the operator of a 9-1-1 PSAP and the providers of
emergency services desire to use the same recording equipment funded by Regional
Strategic
Plan, the following guidelines will apply to determine the
amount to be funded by the Commission:
(i)
(No change.)
(ii)
When the PSAP requires a given size of recording equipment,
and the other agency requires additional channels, the Commission will fund
the size of recording equipment needed to record
only
the delivery
of 9-1-1 calls, and the other agency will fund all additional equipment.
(iii)
When the recording requirements of the other agency requires
additional features or capabilities than would be required by the PSAP alone,
the Commission will fund the equivalent amount of the system needed to serve
the
9-1-1 functions of the
PSAP alone. For instance, if the PSAP
could use a recording system to record the delivery of 9-1-1 calls, but another
agency needs to record a radio channel that requires the capacity of a larger
recorder, the Commission will fund the equivalent cost of the smaller system.
(H)-(I)
(No change.)
(J)
The Commission will consider funding of recording capabilities
greater than those suggested by the guidelines when sufficient justification
is provided as part of a Regional
Strategic
Plan.
(g)
Emergency Power Equipment. Each PSAP location should be
evaluated
by the RPC
to determine if an emergency power system
is required to insure the ability to answer 9-1-1 calls
in the event
that the standard power supply is interrupted
. A PSAP that receives
a relatively small number of emergency calls per day may be able to provide
acceptable service without the availability of ANI or ALI for short periods
of time. If the same PSAP is located in a location that is subject to prolonged
power outages, it may need emergency power sources. Other considerations include:
(1)
Where conditions exist that indicate a need for emergency
power systems to support 9-1-1 call delivery, UPS should be considered as
the emergency power system. Emergency generators (power backup) should be
approved only in locations with a
documented
history
of
or potential for extended interruptions of commercial power supplies. Generally,
9-1-1 funding will not be used to provide both
a generator
[
(2)
Each request for UPS must include a worksheet showing
the calculations used to determine the system size and batteries required.
This worksheet must identify all equipment to be powered and the operating
voltage and current drain of each piece of equipment. The request for UPS
must identify the load capacity of the system requested and the length of
time the batteries will operate the PSAP 9-1-1 equipment.
The request
should also indicate whether the 9-1-1 equipment has any built-in UPS capability.
(3)
The length of time that
a
[
(4)
If the history of power failures, or the expected
restoration
[
(5)
There may be circumstances that justify the installation
of an emergency generator (backup power), in addition to an UPS, as the primary
system for a PSAP location. In these cases, the request for
the
emergency
generator
[
(6)
(No change.)
(7)
Funding may be approved for surge protection devices
when they are used for protection of 9-1-1 specific electronic equipment.
Documented justification must be provided
.
(h)
Definitions. The following words and terms when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)-(6)
(No change.)
(7)
Regional
Strategic
Plan. Each regional
planning commission shall develop and 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
Commission
[
(8)-(9)
(No change.)
(10)
Strategic Plan. As part of a regional strategic 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 cover
[
(A)
(No change.)
(B)
Strategic Plan Level.
A
[
(11)-(12)
(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
June 14, 1999.
TRD-9903523
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: July 25, 1999
For further information, please call: (512) 305-6933
Chapter 355.
Medicaid Reimbursement Rates
Subchapter A. Cost Determination Process
Advisory
] Commission.
no
address
] as calculated by counties [
to be addressed
].
who
]
is implementing or operating 9-1-1 service, or a
RPC
[
COG
] or emergency communication district applying on behalf of such a county
are considered eligible.
(5)
] For the purposes of this
rule, the Addressing Pool Funds and 9-1-1 Funds may be used only for costs
associated with eligible addressing activities.
(6)
] A county must provide
$1.00 of local funds for every $3.00 (25% match) allocated or authorized under
this fund. However, if the project can be completed in accordance with subsection
(b)(2) of this section, Definitions of Addressing Completion, and total costs
of the project do not exceed 75% of the eligible costs, then no local funds
for match are required.
(7)
] Under no circumstances
will funds be allocated or approved under this program that exceed total net
funds needed as calculated by the cost-estimate worksheet.
(8)
] In accordance with this
policy, eligible counties or emergency communications districts which have
already started addressing activities and incurred costs may request reimbursement
of those documented addressing expenditures, if costs were incurred since
January 1, 1991.
(9)
] Funds under this program
must be requested by a deadline to be established by the Commission. Funds
may be awarded by the Commission following this established date on a case-by-case
basis.
(10)
] Where 9-1-1 funds are
applied to the cost of addressing, addressing component costs may be capped
by the Commission through the cost-estimate worksheet.
COG
] or a request from an
emergency communications district is required as a means of requesting funds
under this program.
projected
COG financial cash flow
] if 9-1-1 funds are requested;
COG
] administrative budget for additional staff,
equipment or services
whether through hiring or through personnel contract services; and
COG
] is performing addressing on
behalf of the county.
COG
] or
the emergency communication district to the Commission five weeks prior to
the scheduled Commission meeting at which the amendment or request will be
considered.
COGs
] and emergency communication districts on a reimbursement
basis. A performance and financial report is to be submitted to the Commission,
at least quarterly, in accordance with established Commission policy. The
performance report shall include phases of addressing activities for progress
and shall be submitted along with each financial report requesting addressing
funds. Where a
RPC
[
COG
] or an emergency communication
district is the primary contractor but a county is providing services under
this program, said reports shall be provided to the Commission prior to
RPC
[
COG
] or emergency communications district reimbursement
of related county expenses. Counties, emergency communications districts,
and
RPCs
[
COGs
] are required to follow local government
statutes as they apply to competitive proposals for purchases of services
and equipment.
(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
§771.055, such service implementation shall be consistent with regional
plans developed by regional planning commissions. These regional plans must
meet standards established by the
Commission
[
(ACSEC)
]
and "...include a description of how money allocated to the region under this
chapter is to be allocated in the region." Section 771.057 addresses amendments
to regional plans and indicates that such amendments may be adopted in accordance
with procedure established by the
Commission
[
(ACSEC)
].
and repair
] (ANI/TDD);
and
and
] Automatic Location Identification
(ALI)
and any other network and/or database system enhancement
,
to include the following components and associated costs:
and}
addressing and
] telephone
equipment);
and
(K)
] Capital Recovery (
ancillary
equipment
[
emergency power, recorders, training positions
]);
and
(L)
Maintenance (recorders, ancillary equipment)
]
three
] years into the future;
and program goals and strategies at least five years into the future.
Within the context of §771.056(d), the
Commission
[
(ACSEC)
] shall consider any revenue insufficiencies to represent need for equalization
surcharge funding support.
(ACSEC)
] may establish
the format of strategic plans for the sake of identifying overall statewide
requirements in its implementation.
an
]
biennial
[
annual
] basis.
annual
] review
and update of strategic plans shall reflect a reconciliation of all actual
implementation costs by component incurred for the year involved against projected
strategic plan costs and revenues.
(ACSEC)
] policies and rules.
(ACSEC)
]. The financial report shall
identify actual implementation costs by county, strategic plan priority level
and component. The performance report shall be submitted along with each financial
report requesting 9-1-1 funds and shall reflect the progress of implementing
the region's strategic plan, including the status of equipment, services and
program deliverables
, in a format to be determined by the Commission
.
(ACSEC)
] policies and
procedures.
(ACSEC)
] policies and procedures.
(ACSEC)
] within 15 working
days of making the change. The documentation required for changes will be
an amended budget, narrative, [
and
] related worksheets
and
a letter indicating executive approval of the amendment.
(ACSEC)
] for review and consideration contingent upon the
availability of such funds
within level priorities as established by
the Commission
.
(ACSEC)
] shall allocate, by agreement, equalization surcharge funds
to regional planning commissions and emergency communication districts based
upon statewide strategic plan and district needs coupled with the projected
availability of such funds over a
two
[
three
] year period.
appropriate
]
strategic plans [
to
] be adjusted to allow for more implementation
time
as appropriate
; and/or
(ACSEC)
]
may elect to hold a balance of equalization surcharge funds in reserve for
emergencies and other contingencies.
those
] necessary [
to alert the
] core responders within an organization
(e.g., in a 15-member volunteer emergency medical group, only the on-call
ambulance driver and one or two attendants would be furnished pagers).
emergency power
] and UPS. At least 75% of the capacity of any UPS system
or generator
funded should directly support an existing (or planned)
9-1-1 system.
an
]
UPS battery will be required to provide emergency power is a major factor
in determining the cost of the UPS system. Each request for UPS must provide
information justifying the size of the batteries requested. Information concerning
the history of power failures at the PSAP location and the average time to
restore power should be obtained from the local power company.
restoral
] time, is more than can be economically
justified for UPS batteries,
an emergency generator
[
backup
power
] can be considered. Any request for an emergency generator, in
addition to an UPS, shall include a comparison of the cost of an UPS [
system
] with sufficient batteries to the cost of the combination of
the
UPS and
an emergency generator
[
backup power
].
power
] must include an explanation
and comparison of the relevant costs.
(ACSEC)
].
normally covers at least
] a
two
[
three
] year
financial
planning period
and a five year plan outlining regional
goals and strategies
, and specifically projects 9-1-1 implementation
costs and revenues associated with the above 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.
Part XV.
Texas Health and Human Services Commission