TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.6

The Commission on State Emergency Communications (CSEC) adopts the amendment to §251.6, concerning guidelines for submission of requests from councils of governments regarding strategic plans, amendments, and allocation of equalization surcharge funds, without changes to the proposed text as published in the November 2, 2001, issue of the Texas Register (26 TexReg 8620) .

The section is amended, based on the review of the notification amendment process and on recent internal audit findings, to eliminate the notification amendment reporting requirement from 15 working days to a schedule to be set by the CSEC staff of no more than twice a year. The amendments also bring the rule in alignment with Sunset recommendations and legislative mandates enacted during the 76th and 77th Legislative sessions on CSEC's funding authority and revenue allocation.

There were no comments received on the proposal during the comment period.

The amendment is adopted pursuant to the Texas Health and Safety Code, Chapter 771, §§771.051, 771.055, 771.056, 771.057, 771.071, 771.0711, 771.072, 771.075, 771.078, and 771.079 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2002.

TRD-200200267

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: February 7, 2002

Proposal publication date: November 2, 2001

For further information, please call: (512) 305-6933


Chapter 255. FINANCE

1 TAC §255.6

The Commission on State Emergency Communications (CSEC) adopts the repeal of §255.6, concerning the 9-1-1 service fee and surcharge exemption, which prohibits a service provider from billing or collecting the fee from any agency or branch of the Federal Government, without changes to the proposed repeal as published in the November 2, 2001, issue of Texas Register (26 Tex Reg 8624).

The section is being repealed to reflect consistency with the 77th Texas Legislature's passage of HB 2914 which states that the 9-1-1 service fee and surcharge authorized by Health and Safety Code, Chapter 771, Chapter 772, or a home-rule municipality may not be imposed on or collected from the state or the federal government.

There were no comments received on the repeal of this rule.

The repeal is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.071, 771.072, 771.073, 771.075, and 771.076.

The other statute affected by the proposed repeal is Health and Safety Code, Chapter 772.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 18, 2002.

TRD-200200268

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: February 7, 2002

Proposal publication date: November 2, 2001

For further information, please call: (512) 305-6933