1 TAC §251.9
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.9, concerning the use and distribution of 9-1-1
funds for database maintenance by local governments. The amendments are proposed
in order to more efficiently accommodate a broad range of local needs and
requests for maintaining the database location information, recognizing that
it forms the foundation of enhanced 9-1-1 databases which are crucial to delivering
effective and efficient responses to emergency calls.
Section 251.9, Guidelines for Database Maintenance Funds, defines the 9-1-1
database maintenance project and delineates funding parameters in support
of the local governmental entities that perform this important function. This
rule was designed to provide for continued maintenance of the initial 9-1-1
data developed in the rural addressing program as defined in §251.3,
Guidelines for Addressing Funds. As the program has progressed and a statewide
database has been implemented, the CSEC recognizes that modifications may
be needed in order to transition this rule into the next phase of 9-1-1 database
maintenance. In taking this step, CSEC staff has worked with the Texas Association
of Regional Councils (TARC) Regional 9-1-1 Coordinators subcommittee to attempt
to modify the language and specific funding parameters of the rule.
CSEC proposes that all references to "addressing maintenance" be changed
to database maintenance" to reflect a move in a new direction to a more comprehensive
approach to maintaining the location information that is so crucial to providing
and enhanced level of 9-1-1 service. The amendment also changes the title
of the rule to "Guidelines for Database Maintenance".
Paul Mallett, executive director, 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. Mallett 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 better utilization of funds for local addressing
maintenance needs. The maintenance of maps and records associated with a database
system enable efficient 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.
Initial comments on the proposed rule may be submitted in writing within
30 days after publication of the proposal in the
Texas Register
and reply comments may be submitted within 45 days of
that publication date to Paul Mallett, Executive Director, Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed pursuant to the Health and Safety Code,
Chapter 771, §§771.051, 771.055, 771.057, 771.071, 771.0711, 771.072,
771.075, and 771.078 which authorize the Commission, among other things, to
adopt policies, procedures, and minimum performance standards for providing
9-1-1 service and prescribing the use of the 9-1-1 funds for providing 9-1-1
service.
No other statute, code, or article is affected by this proposal.
§251.9.Guidelines for Database [ Addressing ] Maintenance Funds.
The [
Advisory
] Commission on State Emergency Communications
(Commission) has adopted a policy regarding
database
[
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.
(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
has developed a comprehensive MSAG, assigned street addresses and notified
the residents of their 9-1-1 address, provided the MSAG and new or changed
address information associated with the particular telephone numbers to the
applicable telephone companies, submitted corrected address errors to the
telco, and established a maintenance methodology
[
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.]
(D)
[
(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.
(E)
[
(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.
(F)
[
(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.
(G)
[
(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.
(H)
Master Street Addressing Guide
(MSAG)--A database maintained by the local government agencies or regional
planning commissions which lists all street segments and their associated
address information for the purpose of validating and updating telephone number
records. An MSAG record consists of: street directional (when applicable);
street name; house number low and high ranges; whether the range is odd ranges
(O) even (E) or contains both odd and even ranges (B); the associated community
name; state; Emergency Service Number (ESN); and telephone exchange. MSAG
records will meet NENA standards or a statewide standard as determined by
the Commission.
(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 cover a two year planning period and
specifically projects 9-1-1 costs and revenues associated with this section
including equalization surcharge requirements.
(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 Commission established statewide
implementation priority generally associated with a level of 9-1-1 service
- e.g., Automatic Number Identification (ANI).
(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 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 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 to fund geographic
information systems and the development of digital maps to support such activities.
The Commission 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.
(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)
Interlocalagreements 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.
(C)
A database
[
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.
As a standard minimum, the RPC will report, by county,
the following database maintenance activity listed in clauses (i)-(ix) of
this subparagraph to CSEC on the regularly scheduled performance reports submitted
at least quarterly:
(i)
number of new subdivisions
addressed;
(ii)
total number of lots in these
subdivisions;
(iii)
number of new streets verified
against, and added to, the MSAG and/or map;
(iv)
number of MSAG changes/inserts/deletes;
(v)
number of address requests
from citizens;
(vi)
number of new addresses assigned
and/or datapoints added to computer map;
(vii)
number of errors submitted
for correction;
(viii)
number of street signs replaced;
(ix)
number of map updates distributed.
(D)
Budgets shall be developed by the local governments each
fiscal year, identifying all projected
database
[
addressing
] maintenance expenditures. These budgets will be reviewed during the
strategic plan review process. [
Activities performed by the regional
planning council shall be identified within its administrative budget.
]
(E)
Database
[
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)
Budgeted costs associated with
Database
[
Addressing
] Maintenance shall be monitored by the Commission staff for
consistency with approved strategic plans.
(3)
Requesting
Database
[
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
a regional planning council or
an emergency communication district must contain the following:
(i)
Certification of a
[
A
] fully executed
interlocal agreement between the regional planning council and the county;
(ii)
A database
[
An addressing
] maintenance
plan identifying all activities and responsible parties involved; and
(iii)
an
[
An
] approved budget outlining
database
[
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
Financial Status Report.
(4)
Budget Components. A regional planning council or an emergency
communication district must submit an
database
[
addressing
] maintenance budget to the Commission for approval.
Database
[
Addressing
] maintenance budgets
are limited to allocated
Strategic Plan Addressing Maintenance budget amounts and
may
only
include the following cost components listed in subparagraphs (A)-(K)
of this paragraph.
Fund distribution among these components is at the
discretion of the regional planning council to best fit the needs of the region.
(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
database
[
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
database
[
addressing
] maintenance; and
(vi)
Total salary chargeable to
database
[
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.
Out-of-State travel for training and conferences for county personnel is not
allowable.
(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
database
[
addressing
] maintenance times the rental rate to be charged
during the budget period.
(E)
Maintenance and Repairs--Total maintenance costs for
database
[
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
database
[
addressing
] maintenance functions expected during
the budget period.
[
(J)
Other--Total costs for other
items not identified in subparagraphs (A)-(I) of this paragraph.]
(J)
[
(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
by the regional planning council.]
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 January 18, 2002.
TRD-200200266
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: March 3, 2002
For further information, please call: (512) 305-6933