Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 61.
CRIME VICTIMS' COMPENSATION
1 TAC §§61.40 - 61.43
The Office of the Attorney General (OAG) proposes new to
1 TAC Chapter 61, Crime Victims' Compensation, §§61.40 - 61.43,
relating to rules for the OAG's administration of reimbursement payments to
a law enforcement agency for the reasonable costs associated with the medical
examinations of a victim of an alleged sexual assault. Texas Code of Criminal
Procedure article 56.06 (House Bill 131, 77th. Leg. Reg. Sess. 2001) permits
a law enforcement agency to seek reimbursement from the OAG for the reasonable
costs of a medical examination of a victim of an alleged sexual assault. If
a law enforcement agency requests that an authorized individual perform a
medical examination of a victim for use in the investigation and prosecution
of an alleged sexual assault, then on application to the OAG, the law enforcement
agency may be reimbursed the reasonable costs of the examination. Additionally,
House Bill 131, codified at Tex. Code Crim. Proc., art. 56.54(k), provides
that the OAG may use the Compensation to Victims of Crime fund to reimbursement
the law enforcement agency of the reasonable costs of the medical examination.
Articles 56.06 and 56.54(k) reflect the legislature's intent that the OAG
use the Compensation to Victims of Crime Fund to reimburse a law enforcement
agency for the reasonable costs of a forensic sexual assault examination.
The proposed rules are authorized by Tex. Code Crim. Proc, art. 56.33 which
requires the OAG to adopt rules governing the administration of the Compensation
to Victims of Crime Fund and by Texas Government Code, chapter 2001, which
authorizes the OAG to adopt rules that interpret statutes, and implement or
prescribe policies and procedures in a manner consistent with the legislation.
The purpose of the regulatory scheme is to establish procedures for application
and reimbursement and for the administration of the Compensation to Victims
of Crime Fund.
Sections 61.40 - 61.43 (Reimbursement to Law Enforcement Agency for Forensic
Sexual Assault Examination of a Victim)
Proposed §61.40 explains how the reimbursement provisions and criteria
will be applied to eligible applicants, addresses general provisions, and
explains exclusions. Proposed §61.41 defines terms and words as they
pertain to the subchapter concerning reimbursement for forensic sexual assault
examination of a victim. Proposed §61.42 delineates the procedures that
the law enforcement agency must follow to be reimbursed the reasonable costs
of the medical examination. Proposed §61.43 provides guidelines that
the OAG will follow to determine reasonableness of costs.
Mr. John Green, Chief of the Crime Victims' Compensation Division of the
OAG, has determined that for the first five year period in which the proposed
rules are in effect, there will be no fiscal implications for state or local
government as a result of enforcing or administering these sections.
Mr. Green has also determined that for the first five-year period in which
the proposed rules are in effect, the proposed new sections will not have
an adverse economic effect on small businesses because the new sections of
these rules impose no additional burden on anyone. There is no anticipated
economic cost to persons who are required to comply with these rules as proposed.
Mr. Green has determined that for the first five-year period in which the
proposed rules are in effect, the anticipated public benefit is better investigation
and prosecution of sexual assault crimes in the state by providing a funding
mechanism to alleviate some of the financial burden of the investigation and
prosecution on local communities without increased costs to the state.
Comments may be submitted, in writing, no later than 30 days from the date
of this publication to John Green, Crime Victims' Compensation Division, Office
of the Attorney General, P.O. Box 12198, Austin, Texas 78711-2198 or by telephone
(512) 936-1237 or by e-mail to www.john.green@oag.state.tx.us.
The new rules are proposed under Texas Code of Criminal Procedure,
article 56.33 which requires the OAG to adopt rules governing the administration
of the Compensation to Victims of Crime Fund consistent with subchapter B
and under Texas Government Code, chapter 2001 which authorizes the OAG to
adopt rules that interpret statutes, or implement or prescribe policies and
procedures.
The new rules affect Texas Code of Criminal Procedure, chapter 56, subchapters
A and B.
§61.40.Applicability, General Provisions, and Exclusions.
(a)
A law enforcement agency is entitled to reimbursement from
the OAG for the reasonable costs associated with a forensic sexual assault
examination of a victim consistent with the provisions and criteria of state
law and of these administrative rules.
(b)
The costs for multiple examinations of the same victim
will not be reimbursed. The cost of only one forensic sexual assault examination
per victim per alleged sexual assault will be considered a reimbursable cost.
(c)
OAG has determined that expenses that comply with the Texas
Workers' Compensation Commission medical fee guidelines, identified as Current
Procedural Terminology (CPT) codes, are considered "reasonable expenses."
If there is no specific CPT code under the medical fee guidelines for the
medical service or procedure provided in the sexual assault examination, the
OAG may accept from a physician or licensed nurse practitioner, a Revenue
code, or the CPT code that most closely reflects that used in the sexual assault
examination. Each cost identified in a descriptive itemized statement submitted
by a sexual assault nurse examiner or sexual assault examiner will be assigned
a CPT code by the OAG. In addition to the cost shown in the Texas Workers'
Compensation Commission medical fee guidelines, the OAG has also determined
that the costs listed in §61.43 (relating to Reasonable Costs) are also
reasonable costs.
(d)
The OAG will reimburse a law enforcement agency for the
reasonable costs associated with a forensic sexual assault examination of
a victim in an amount not to exceed $600.00 in the aggregate. The OAG has
determined the reasonable costs for the services of the professional, the
use of a facility, procedures, and materials. The list of allowable reimbursable
costs is provided in §61.43 of this title.
(e)
In the event there are multiple fees from separate service
providers, the OAG will reimburse the law enforcement agency up to a maximum
aggregate amount of $600.00 to be allocated among the service providers.
(f)
A law enforcement agency is not required to pay any costs
of treatment of diagnosis for the victim's injuries and the OAG will not reimburse
the law enforcement agency for any costs associated with treatment or diagnosis.
(g)
The OAG is not bound by any billing or contractual agreements
made between a law enforcement agency and a service provider.
(h)
All bills are subject to an individual audit and the OAG
may request additional documentation at any time.
§61.41.Definitions.
For purposes of this subchapter, the following terms shall have the
following meanings.
(1)
Law enforcement agency is a governmental organization that
employs commissioned peace officers as defined by Tex. Code Crim. Proc. article
2.12.
(2)
Sexual assault is generally any act of sexual contact or
intimacy performed upon one person by another without mutual consent, or with
an inability of the victim to give consent due to age, or mental or physical
incapacity. Sexual assault is specifically defined in Texas Penal Code, §§21.11,
22.011, 22.021, and 25.02.
(3)
Forensic sexual assault examination is a medical examination
of a victim of an alleged sexual assault for use in the investigation or prosecution
of the offense.
(4)
Sexual assault examiner is a person who uses a service-approved
evidence collection kit and protocol to collect and preserve evidence of a
sexual assault.
(5)
Sexual assault nurse examiner is a registered nurse who
has completed a service-approved examiner training course.
§61.42.Reimbursement Procedures.
The law enforcement agency seeking reimbursement for the reasonable
costs of a forensic sexual assault examination must comply with the following:
(1)
The forensic sexual assault examination must have been
performed at the request of a law enforcement agency for use in the investigation
and prosecution of an alleged sexual assault.
(2)
A physician, a sexual assault examiner, or a sexual assault
nurse examiner must have performed the forensic sexual assault examination.
A sexual assault examiner or a sexual assault nurse examiner performing a
forensic sexual assault examination must have medical directorship oversight.
(3)
Payments will only be for reimbursement, therefore the
law enforcement agency must have received and paid all bills associated with
the forensic sexual assault examination before applying to the OAG for reimbursement.
The law enforcement agency should attach all necessary supporting documentation
to the Application for Reimbursement.
(4)
The law enforcement agency must complete all sections of
the OAG approved Application for Reimbursement. Incomplete applications will
not be processed and will be returned to the law enforcement agency noting
the reason the application is incomplete. The verification section of the
Application for Reimbursement must be signed by an appropriate representative
of the law enforcement agency who has knowledge of the facts stated in the
application.
(5)
All bills associated with the requested forensic sexual
assault examination must be attached to the application, and only those expenses
for the actual forensic sexual assault examination will be considered for
reimbursement. All bills must be submitted at one time. No other bills submitted
to the OAG will be processed after the Application for Reimbursement is received.
§61.43.Reasonable Costs.
In order to be considered for reimbursement, the law enforcement agency
should provide copies of bills that comply with the following guidelines.
(1)
Allowable reimbursable costs for services of a physician,
licensed nurse practitioner, sexual assault examiner, or sexual assault nurse
examiner.
(A)
A physician or a licensed nurse practitioner should bill
the law enforcement agency his or her usual and customary charge for the forensic
sexual assault examination on a Health Care Financing Administration form
(HCFA - 1500) or on his or her standard billing form. To be considered for
reimbursement, the bill for service must include the associated CPT code (99201-99137
or 99499) and an itemization of the service provided. The OAG will reimburse
a law enforcement agency up to a maximum amount of $195.00 for the service
of a physician or a licensed nurse practitioner.
(B)
A sexual assault examiner or a sexual assault nurse examiner
should not use CPT or Revenue codes, but should bill the law enforcement agency
his or her usual and customary charge for the forensic sexual assault examination
on his or her standard billing form. To be considered for reimbursement, the
bill for service must include a descriptive itemized statement of the service
provided and must be signed by a physician or a licensed nurse practitioner.
The OAG will determine the appropriate CPT or Revenue codes. The OAG will
reimburse a law enforcement agency up to a maximum amount of $195.00 for the
service of a sexual assault examiner or a sexual assault nurse examiner.
(2)
Allowable reimbursable costs for an accredited and licensed
healthcare facility.
(A)
The OAG will reimburse a law enforcement agency for the
cost associated with a healthcare facility that is certified by Medicare or
accredited by the Joint Commission Accreditation of Health Organizations,
and that is licensed by the Texas Department of Health.
(B)
To be considered for reimbursement, the bill from the healthcare
facility must be on a Uniform Billing form (UB-92) or on the standard form
used by the healthcare facility, and must have a descriptive itemized statement
of the service provided. The licensed, accredited or certified healthcare
facility may use Revenue code R-450 for a medical treatment room; or may use
Revenue code R-760 for an emergency room. The OAG will reimburse a law enforcement
agency for these healthcare facilities up to a maximum amount of $250.00.
(3)
Allowable reimbursable costs for procedures and supplies.
(A)
The bill for a colposcopy procedure must indicate CPT code
57452. The OAG will reimburse a law enforcement agency up to a maximum amount
of $233.00 for this procedure. The bill for an office visit for a colposcopy
procedure must indicate CPT code 99025. The OAG will reimburse a law enforcement
agency up to a maximum amount of $26.00 for the office visit for this procedure.
However, the cost of the colposcopy procedure includes the cost of the examination
services of the professional and the OAG will not reimburse for both this
procedure and the $195.00 fee in paragraph (1)(A) and (B) of this section.
(B)
The bill for an anoscopy procedure must indicate CPT code
46600. The OAG will reimburse a law enforcement agency up to a maximum amount
of $71.00 for this procedure.
(C)
The bill for a venipuncture procedure must indicate CPT
code 36415. The OAG will reimburse a law enforcement agency up to a maximum
amount of $20.00 for this procedure.
(D)
The bill for laboratory procedures must indicate CPT code
8000. The OAG will reimburse a law enforcement agency up to a maximum amount
of $100.00 for laboratory work.
(E)
The bill for the sexual assault examination kit must indicate
CPT code R-270. The OAG will reimburse a law enforcement agency up to a maximum
amount of $50.00 for the kit.
(F)
The bill for supplies and materials must have a Documentation
of Procedures and must indicate CPT code 99070. The OAG will reimburse a law
enforcement agency up to a maximum amount of $100.00 for supplies and materials.
(G)
The bill for the handling and/or conveyance of the specimen
must indicate CPT code 99000. The OAG will reimburse a law enforcement agency
up to a maximum amount of $20.00 for handling and conveyance.
(H)
The maximum aggregate amount for which the OAG will reimburse
a law enforcement agency for all costs associated with a forensic sexual assault
examination of a victim will be $600.00. The OAG will not reimburse for any
type of sexual assault examination of a suspected perpetrator. The OAG will
not reimburse for the laboratory analysis of victim's clothing, or crime scene
materials or objects, including weapons.
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 February 22, 2002.
TRD-200201125
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: April 7, 2002
For information regarding this publication, please contact A.G. Younger,
Agency Liaison, at (512) 463-2110.
Chapter 201.
PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES
1 TAC §201.13
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Information Resources or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Department of Information Resources (department)
proposes to repeal §201.13, concerning information resource standards.
Simultaneous with the publication of the proposed repeal, the department is
proposing new §202.1, concerning information resources security standards
definitions; §202.2, concerning information resources security standards
policy; §202.3, concerning management and staff responsibilities for
information resources security standards; §202.4, concerning managing
security risks; §202.5, concerning personnel and contractor security
practices; §202.6, concerning managing physical security risks; §202.7,
concerning information resources security safeguards; and §202.8, concerning
information resources security standards for data communications systems.
The foregoing new sections are proposed to replace existing §201.13(a),
concerning information security standards, which is being proposed for repeal
herein.
Concomitant with publication of this proposed repeal, the department is
proposing new chapter 208, §208.1, concerning definitions applicable
to communications wiring standards for state facilities, and §208.2,
concerning communications wiring standards for state facilities. New chapter
208 is proposed to replace existing §201.13(c).
Mr. Mel Mireles, director of the Enterprise Operations Division, has determined
that for each year of the first five years after repeal of the rule, there
will be no cost for state government as a result of such repeal. Mr. Mireles
does not anticipate either a loss of, or increase in, revenues to state or
local government as a result of the proposed repeal. There will be no fiscal
implications for local government as a result of repealing §201.13. There
will be no effect on small businesses. There will be no additional anticipated
economic cost to persons as a result of adoption of the repeal.
The public benefit of repeal of the rule is to clarify the department's
rules by having the state information resources security standards and the
state communications wiring standards located in separate chapters, rather
than together in §201.13. It is necessary to repeal §201.13 to relocate
the rules contained therein to new chapters.
Comments on the proposed repeal may be submitted to Renee Mauzy, General
Counsel, Department of Information Resources, via mail to P.O. Box 13564,
Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us no later
than 5:00 p.m. CST within 30 days after publication.
Repeal of §201.13 is proposed under Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities.
Texas Government Code §2054.051 is affected by the proposed repeal.
§201.13. Information Resource Standards.
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 February 25, 2002.
TRD-200201165
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 475-4750
1 TAC §201.16
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Information Resources or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Department of Information Resources (department)
proposes to repeal §201.16, concerning minimum standards for meetings
held by videoconference. Simultaneous with the publication of the proposed
repeal, the department is proposing new §209.1, concerning definitions
applicable to minimum standards for meetings held by videoconference, and
is proposing new §209.2, concerning videoconference standards. Both new
proposed §209.1 and §209.2, which the department proposes to replace
existing §201.16, contain substantive changes from the provisions of §201.16.
The repeal of §201.16 is proposed pursuant to Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities.
Mr. Mel Mireles, director of the Enterprise Operations Division, has determined
that for each year of the first five years after repeal of the rule, there
will be no cost for state government as a result of such repeal. Mr. Mireles
does not anticipate either a loss of, or increase in, revenues to state or
local government as a result of the proposed repeal. There will be no fiscal
implications for local government as a result of repealing §201.16. There
will be no effect on small businesses. There will be no additional anticipated
economic cost to persons as a result of adoption of the repeal. The public
benefit of repeal of the rule is to clarify the department's rules by having
the videoconference rules located in only one chapter, rather than in two
chapters. It is necessary to repeal §201.16 to relocate the videoconference
rules to new chapter 209.
Comments on the proposed repeal may be submitted to Renee Mauzy, General
Counsel, Department of Information Resources, via mail to P.O. Box 13564,
Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us no later
than 5:00 p.m. CST within 30 days after publication.
Repeal of §201.16 is proposed under Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities.
Texas Government Code §551.127(i) is affected by the proposed rule.
§201.16.Minimum Standards for Meetings Held by Videoconference Call.
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 February 25, 2002.
TRD-200201142
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 475-4750
1 TAC §208.1, §208.2
The Department of Information Resources (department) proposes
1 T.A.C. §208.1 and §208.2, concerning definitions applicable to
communications wiring standards for state facilities and communications wiring
standards for state facilities.
The proposed rules are currently located in 1 T.A.C. §201.13(c), which
the department is proposing for repeal simultaneous with publication of these
proposed rules. This proposed rulemaking proposes the transfer of §201.13(c)
to new chapter 208, establishes a definitions section in §208.1 and updates
to the current version the wiring standards applicable to wiring of state
facilities in §208.2.
Mr. Mel Mireles, Enterprise Operations Division Director for the department,
has determined that for each year of the first five years the proposed rules
will be in effect, there will be no fiscal implications for state government
as a result of enforcing or administering the proposed rules. There will be
no foreseeable fiscal implications for local government as a result of enforcing
or administering the proposed rules. Mr. Mireles has determined that for each
year of the first five years the rules will be in effect, the public will
benefit by being able to locate more easily the wiring standards applicable
to state facilities and by having those standards updated to the most recent
versions of those standards.
Mr. Mireles believes the proposed rules will have no different effect on
small businesses than they will have on large businesses.
Comments on proposed §208.1 and §208.2 may be submitted to Renee
Mauzy, General Counsel, Department of Information Resources, via mail to P.O.
Box 13564, Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us.
by 5:00 p.m. CST, within 30 days after publication.
The rules are proposed pursuant to §2054.052(a), Government
Code, which authorizes the department to adopt rules necessary to implement
its responsibilities under the Information Resources Management Act.
§208.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
ANSI--The American National Standards Institute.
(2)
EIA--The Electronics Industry Association.
(3)
TIA--The Telecommunications Industry Association.
§208.2. Communications Wiring Standards.
All state agencies will adhere to the following standards when wiring
or re-wiring state-owned or state-leased space:
(1)
ANSI/EIA/TIA-568-2001, Commercial Building Telecommunications
Cabling Standard or its most recent successor document. This applies to the
telecommunications wiring for buildings that are office-oriented and when
ANSI/EIA/TIA-570-1999 is not selected. The term "commercial enterprises" is
used in ANSI/EIA/TIA-568-1991 to differentiate between office buildings and
buildings designed for industrial enterprises. ST-type fiber connectors shall
be used for fiber optic terminations.
(2)
ANSI/EIA/TIA-570-1999, Residential and Light Commercial
Building Telecommunications Wiring Standard or its most recent successor document,
when planning and designing premises-wiring systems intended for connecting
one to four exchange access lines to various types of customer-premises equipment
when ANSI/EIA/TIA-568-2001 is not selected.
(3)
ANSI/EIA/TIA-569-2000, Commercial Building Telecommunications
Pathways and Spaces or its most recent successor document, when planning and
designing state-owned and state-leased space to accommodate telecommunications
system wiring.
(4)
ANSI/EIA/TIA-606-1993, Administration Standard for the
Telecommunications Infrastructure of Commercial Buildings or its most recent
successor document, when documenting and administering telecommunications
infrastructures in state-owned and state-leased space.
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 February 25, 2002.
TRD-200201150
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 475-4750
1 TAC §209.1
The Department of Information Resources (department) proposes
new §209.1, concerning definitions applicable to minimum standards for
meetings held by videoconference. Simultaneous with the publication of the
proposed rule, the department is publishing the proposed repeal of §201.16,
which is the department's existing rule prescribing minimum standards for
meetings held by videoconference, and is proposing new §209.2, concerning
videoconference standards. Both new proposed §209.1 and §209.2,
which the department proposes to replace existing §201.16, contain substantive
changes from the provisions of §201.16. §209.1 defines terms to
be used in chapter 209.
The new rule is proposed pursuant to Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities and Texas Government Code §551.127(i), enacted in HB
35, 77th legislative session, which requires the department to specify, by
rule, minimum standards for audio and video signals at open meetings held
by videoconference.
Mr. Mel Mireles, director of the Enterprise Operations Division, has determined
that for each year of the first five years after adoption of the proposed
rule, there will be no cost for state government as a result of such adoption.
Mr. Mireles does not anticipate either a loss of, or increase in, revenues
to state or local government as a result of the proposed rule. There will
be no fiscal implications for local government as a result of adoption of
proposed §209.1. There will be no effect on small businesses. There will
be no additional anticipated economic cost to persons as a result of adoption
of the proposed rule. The public benefit of adoption of the proposed rule
is that technical and legal terms used in chapter 209 will be defined so the
public can understand what is required of governmental bodies meeting via
videoconference.
Comments on proposed new §209.1 may be submitted to Renee Mauzy, General
Counsel, Department of Information Resources, via mail to P.O. Box 13564,
Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us no later
than 5:00 p.m. CST within 30 days after publication.
New §209.1 is proposed under Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities and Texas Government Code §551.127(i), which requires
the department to specify, by rule, minimum standards for audio and video
signals at open meetings held by videoconference.
Texas Government Code §551.127(i) is affected by the proposed rule.
§209.1. Definitions Applicable to Minimum Standards for Meetings held by Videoconference.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Codec (Coder/Decoder)--A device for converting analog signals,
in this case video and/or audiosignals, to a digital signal and compressing
the digital data in the process.
(2)
Compressed video--Video data that has been digitized and
in the process, condensed by the use of one or more of the common video compression
processes (lossy, lossless, interframe compression, etc.). A codec produces
compressed video and uncompresses the video at the remote end.
(3)
Governmental body--Shall have the meaning assigned to that
term in the Texas Open Meetings Act, Texas Government Code, chapter 551.
(4)
ITU-T--International Telecommunication Union-Telecommunications
Standardization Sector.
(5)
NTSC--National Television Standards Committee.
(6)
Open or closed meetings--Shall have the meanings assigned
to those terms in the Texas Open Meetings Act, Texas Government Code, chapter
551.
(7)
Real-Time video--Less than one second latency delay in
transmission.
(8)
Videoconference--Real-time video and audio communications
between or among multiple sites.
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 February 25, 2002.
TRD-200201135
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 475-4750
1 TAC §209.2
The Department of Information Resources (department) proposes
new §209.2, concerning minimum standards for meetings held by videoconference.
Simultaneous with the publication of the proposed rule, the department is
publishing the proposed repeal of §201.16, which is the department's
existing rule prescribing minimum standards for meetings held by videoconference,
and is proposing new §209.1, concerning definitions applicable to minimum
standards for meetings held by videoconference. Both new proposed §209.1
and §209.2, which the department proposes to replace existing §201.16,
contain substantive changes from the provisions of §201.16.
Section 209.2 sets forth minimum videoconference standards. Proposed subsection
209.2(1) requires that videoconference using full motion real-time video transmissions
must meet National Television Standards Committee standards. Subsection 209.2(2)
prescribes minimum technical standards applicable to compressed video equipment.
Subsection 209.2(3) prescribes standards with respect to the perceptibility
of audio and video signals. Subsection 209.2(4) requires state agencies conducting
open or closed meetings by videoconference call to review and consider applicable
recommendations promulgated by the department, including those published at
http://www.dir.state.tx.us/standards.
The new rule is proposed pursuant to Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities and Texas Government Code §551.127(i), enacted in HB
35, 77th legislative session, which requires the department to specify, by
rule, minimum standards for audio and video signals at open meetings held
by videoconference.
Mr. Mel Mireles, director of the Enterprise Operations Division, has determined
that for each year of the first five years after adoption of the proposed
rule, there will be no fiscal implications for state government as a result
of enforcing or administering the proposed rule. Mr. Mireles does not anticipate
either a loss of, or increase in, revenues to state or local government as
a result of the proposed rule. No fiscal implications for local government
are anticipated as a result of adoption of proposed §209.2. There will
be no effect on small businesses. There will be no additional anticipated
economic cost to persons as a result of adoption of the proposed rule. Adoption
of the proposed rule will benefit the public, because when governmental bodies
meet by videoconference, the public will have quality audio and video from
the meeting so that they can adequately hear and observe the meeting.
Comments on proposed new §209.2 may be submitted to Renee Mauzy, General
Counsel, Department of Information Resources, via mail to P.O. Box 13564,
Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us no later
than 5:00 p.m. CST within 30 days after publication.
New §209.2 is proposed under Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities and Texas Government Code §551.127(i), which requires
the department to specify, by rule, minimum standards for audio and video
signals at open meetings held by videoconference.
Texas Government Code §551.127(i) is affected by the proposed rule.
§209.2.Videoconference Standards.
A governmental body holding an open or closed meeting by videoconference
shall adhere to the following standards:
(1)
A videoconference using full motion real-time analog video
transmissions shall meet existing NTSC standards.
(2)
A videoconference using compressed video shall use equipment
meeting the minimum technical standards listed below, for the type of network
used. Use of equipment meeting these standards does not preclude the use of
proprietary vendor protocols as long as the governmental body has received
certification from the vendor stating that the vendor's equipment and proprietary
software protocol release version meets or exceeds each of the specified standards.
(A)
ITU-T Recommendation H.221-1999, Frame Structure for a
64 to 1920 kbit/s Channel in Audiovisual Teleservices.
(B)
ITU-T Recommendation H.230-1999, Frame synchronous Control
and Indication Signals for Audiovisual Teleservices.
(C)
ITU-T Recommendation H.231-1997, Multipoint Control Units
for Audiovisual Systems Using Digital Channels up to 2 Mbit/s.
(D)
ITU-T Recommendation H.242-1999, System for Establishing
Communications Between Audiovisual Terminals Using Digital Channels up to
2 Mbit/s.
(E)
ITU-T Recommendation H.243-2000, Procedures for Establishing
Communication Between Three or More Audiovisual Terminals Using Digital Channels
up to 2 Mbit/s.
(F)
ITU-T Recommendation H.245-2001, Control protocol for multimedia
communication.
(G)
ITU-T Recommendation H.261-1993, Video Codec for Audiovisual
Services at px64 kbit/s.
(H)
ITU-T Recommendation H.320-1996, Narrow-band Visual Telephone
Systems and Terminal Equipment.
(I)
ITU-T Recommendation H.323-2000, Packet-based multimedia
communications systems.
(J)
ITU-T Recommendation H.450-1998, Generic functional protocol
for the support of supplementary services in H.323.
(3)
A videoconference shall adhere to the following standards
with respect to the perceptibility of audio and video signals:
(A)
Each portion of a meeting held by videoconference that
is required to be open to the public by the Texas Open Meetings Act, Texas
Government Code, chapter 551, shall be visible and audible to the public at
each location specified in Texas Government Code §551.127(e).
(B)
Each location specified in Texas Government Code, §551.127(e),
shall have two-way communication between with each other meeting location
during the entire meeting being held by videoconference.
(C)
Each participant in the videoconference call, while speaking,
shall be clearly visible and audible to each other participant in the videoconference
call. In addition, during the open portions of a meeting required to be open
by Texas Government Code, chapter 551, each participant, while speaking, shall
be clearly visible and audible to members of the public who are in attendance
at a location of the meeting.
(D)
The audience and members of the governmental body shall
have full view of at least one monitor at each meeting location.
(E)
Audio signals perceptible from the remote videoconferencing
sites shall be of similar quality and volume as the local audio at the originating
site.
(F)
The quality of the audio and video signals perceptible
by members of the public at each meeting location shall meet or exceed the
quality of the audio and video signals perceptible by members of the government
body participating in the meeting.
(G)
The quality of the audio and video signals perceptible
by members of the public at each meeting location shall be of sufficient quality
so that members of the public present at each meeting location can observe
the demeanor and hear the voice of each participant in the open portion of
the meeting.
(H)
All video transmissions shall be at least 30 frames per
second (FPS) and use full common intermediate format (CIF) quality transmission.
(I)
Videoconference calls held between or among sites utilizing
different vendor equipment shall adhere to the ITU-T standards listed in this
subsection.
(J)
Videoconferences involving more than two sites shall be
controlled such that the received video at all sites will switch to the speaking
participant's site within two seconds of the participant's commencement of
speaking.
(K)
All videoconferences shall be in color and monitors for
the viewing public and for members of the governmental body shall present
color video.
(4)
State agencies conducting open or closed meetings by videoconference
call shall review and consider any applicable recommendations promulgated
by the department. Such recommendations may be obtained directly from the
department or may be accessed via the Web at the following location: http://www.dir.state.tx.us/standards.
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 February 25, 2002.
TRD-200201136
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 475-4750
Part 10.
DEPARTMENT OF INFORMATION RESOURCES
Chapter 208.
COMMUNICATIONS WIRING STANDARDS
Chapter 209.
MINIMUM STANDARDS FOR MEETINGS HELD BY VIDEOCONFERENCE
Chapter 210.
TEXASONLINE