Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS
Chapter 251.
REGIONAL PLANS -- STANDARDS
The Commission on State Emergency Communications (CSEC) proposes the
repeal and replacement to §251.1, regarding regional plans for 9-1-1
service. The new section provides for provisions that allow for local emergency
communications operations to increase call-taking positions at existing Public
Safety Answering Points (PSAPs).
The changes in demographics, an increase in wireless calls to PSAPs, and
overall 9-1-1 call volume have burdened existing operations and placed local
governments in situations that could adversely impact effective emergency
response and attempts to save lives and property. Local governments are ready
to implement, and the Commission approves immediate action so there will be
no delays which could affect the capacity of local governments to receive
and respond to 9-1-1 emergency calls.
Paul Mallett, executive director, 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. Mallett 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 improved effectiveness and efficiency of 9-1-1
call delivery systems in 9-1-1 program 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 Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
1 TAC §251.1
(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repeal will not be published.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 Commission on State Emergency Communications or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Health and Safety Code,
Chapter 771, §§771.051, 771.055, 771.056, 771.057 and 771.075; and
Title 1 Texas Administrative Code, Part XII, Chapter 251, Regional Plan Standards,
which provide the Commission on State Emergency Communications with the authority
to plan, develop, provide provisions and the enhancement of effective and
efficient 9-1-1 service.
No other statutes, articles or codes are affected by the proposed repeal.
§251.1.Regional Strategic Plans For 9-1-1 Service.
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 6, 2002.
TRD-200202786
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: June 16, 2002
For further information, please call: (512) 305-6933
1 TAC §251.1
The new section is proposed under Health and Safety Code,
Chapter 771, §§771.051, 771.055, 771.056, 771.057 and 771.075; and
Title 1 Texas Administrative Code, Part XII, Chapter 251, Regional Plan Standards,
which provide the Commission on State Emergency Communications with the authority
to plan, develop, provide provisions and the enhancement of effective and
efficient 9-1-1 service.
No other statutes, articles or codes are affected by the proposed new section.
§251.1.Regional Strategic Plans For 9-1-1 Service.
(a)
Purpose. The Commission on State Emergency Communications
(CSEC) herein establishes a framework for regional planning commissions (RPCs)
to use in the development of regional strategic plans for provisioning 9-1-1
service. Regional strategic plans should include, but not be limited to, the
elements and subsections of this rule. Other rules provide specific standards
for performance of these requirements.
(b)
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 Call Taking Position -- Equipment acquired with 9-1-1
funds to answer the delivery of an emergency 9-1-1 call. The position is defined
as the equipment necessary to answer the call, not the associated personnel.
A position consists of a device for answering the 9-1-1 calls, a device to
display 9-1-1 call information, and the related telephone circuitry and computer
and/or router equipment necessary to ensure reliable handling of the 9-1-1
call.
(2)
9-1-1 Database -- An organized collection of information,
which is typically stored in computer systems that are comprised of fields,
records (data), and indexes. In 9-1-1, such databases include master street
address guides (MSAG), telephone numbers, emergency service numbers (ESN),
and telephone customer records. This information is used for the delivery
of location information to a designated public safety answering point (PSAP).
Use of the 9-1-1 database must be authorized by the CSEC and RPC. The database
is developed and maintained by the local government agency and/or the RPC
as described within the regional strategic plan in accordance with CSEC §251.9
of this title (relating to Guidelines for Database Maintenance Funds).
(3)
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 wireline or wireless call to
an appropriate PSAP.
(4)
9-1-1 Network -- The dedicated network of equipment, circuits,
and controls assembled to establish communication paths to deliver 9-1-1 emergency
communications.
(5)
9-1-1 Funds -- Funds assessed and disbursed in accordance
with the Texas Health and Safety Code, Chapter 771.
(6)
Automatic Location Identification (ALI) -- A system that
enables the automatic display at the PSAP of the caller's telephone number,
the address/location of the telephone, and supplementary emergency services
information.
(7)
Automatic Number Identification (ANI) -- A system that
enables the automatic display at the PSAP of the ten-digit number associated
with the device from which a 9-1-1 call originates.
(8)
Capital Equipment Asset -- Items and components that comprise
the technology used to deliver and answer 9-1-1 calls whose cost is over $5,000
and which have a useful life of at least one year.
(9)
Contingency Routing Plan -- 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.
(10)
Local Monitoring Plan -- The RPC schedule for monitoring
all interlocal contracts, 9-1-1 funded activities, equipment, PSAPs, and subcontractors.
(11)
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.
(A)
Primary PSAP (P-PSAP) -- A facility equipped and staffed
with the ability to extend, receive, answer, transfer or relay to the appropriate
public safety response agencies 9-1-1 calls. The P-PSAP must be in service
24 hours per day, 7 days per week, 365 days per year and meet the criteria
of subsection (f) of this section.
(B)
Secondary PSAP (S-PSAP) -- A PSAP to which 9-1-1 calls
are transferred or relayed from a P-PSAP, which may operate less than 24 hours
per day, but which has the ability to extend, receive, answer, transfer or
relay 9-1-1 calls and which meets the criteria of subsection (f) of this section.
(C)
Remote PSAP -- 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.
(12)
Redundant Equipment and Services -- Duplication of components
running in parallel to increase reliability.
(13)
Regional Planning Commission (RPC) -- A commission established
under Local Government Code, Chapter 391, also referred to as a regional council
of governments.
(14)
Regional Strategic Plan -- A plan developed by each RPC
for the establishment and operation of 9-1-1 service throughout the region
that the RPC serves. The service and contents must meet the standards established
by the CSEC.
(15)
Selective Router Tandem (SR) -- A switching office placed
in front of a set of PSAPs that allows the routing of 9-1-1 calls to the proper
PSAP.
(16)
TDD/TTY -- A Telecommunication Device for the Deaf (TDD)
or Teletypewriter (TTY) or Text Telephone (TT).
(17)
Wireless Phase I E9-1-1 Service -- The service by which
the wireless service provider (WSP) delivers to the designated PSAP the wireless
end user's call back number, cell site/sector information in accordance with
CSEC §251.10 of this title (relating to Guidelines for Implementing Wireless
E9-1-1 Service).
(c)
Regional Plan Submission. All regional strategic plans
for 9-1-1 service, or amendments to those regional plans, must be submitted
to the CSEC by a RPC as specified by Health and Safety Code, Chapter 771, §771.056,
Submission of Regional Plan to CSEC, and §771.057, Amendment of Plan.
The RPC shall comply with all applicable federal and state laws in carrying
out its approved regional plan.
(d)
Regional Plan Scope. All regional plans for 9-1-1 service
submitted for approval must address the entire geographic area within the
boundaries of a RPC. The regional plan must identify all participating public
safety agencies. 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, §771.001(7) creates a possibility of overlapping jurisdictions,
the city or county government of that area should submit the resolution to
support the regional plan.
(e)
Regional Plan Criteria. The regional plan must include
a description of how the 9-1-1 service is to be administered, a description
of how money is to be allocated within the region, projected financial operating
information for the two state fiscal years following the submission of the
regional plan, strategic planning information for the five state fiscal years
following the submission of the regional plan, and a detailed description
of the equipment, network, and database services as required by Health and
Safety Code, Chapter 771, §771.055, Strategic Planning.
(f)
All regional plans for 9-1-1 service must include the following
equipment and service:
(1)
Automatic Number Identification (ANI) level of service;
(2)
Automatic Location Identification (ALI) level of service;
(3)
Wireless Phase I E9-1-1 level of service;
(4)
One P-PSAP per RPC. If there is more than one PSAP, the
system may be arranged for two or more PSAPs to share the 24-hour duty requirement;
(5)
TDD/TTY or TDD/TTY compatible equipment in compliance with
the Americans with Disabilities Act (ADA) and in compliance with CSEC §251.4
of this title (relating to Guidelines for the Provisioning of Accessibility
Equipment);
(6)
A standby power supply for the 9-1-1 equipment;
(7)
Forced disconnect feature to allow the PSAP to clear incoming
circuits when necessary;
(8)
The following redundant crucial service items at each PSAP:
(A)
Network connections between each telephone central office
or mobile switch and the SR;
(B)
Network connections from the SR to the PSAP;
(C)
Network connections from the ALI database to the PSAP;
(D)
Database routers;
(E)
Telephone sets and/or integrated ANI and ALI display call
taking positions;
(F)
Stand-alone TDD units as applicable; and
(G)
Any other equipment essential to the 9-1-1 call-taking
function;
(9)
A published ten-digit emergency telephone number that can
accept emergency calls;
(10)
A positive response to each 9-1-1 call to include an audible
ringing tone connecting to a PSAP where either the call is answered by personnel
at the PSAP or a recorded announcement provides further information; and
(11)
The following required elements to insure the reliability
of the 9-1-1 equipment and service:
(A)
Contingency Routing Plan;
(B)
Network Testing Plan;
(C)
Local Monitoring Plan;
(D)
Capital Asset Plan;
(E)
Network Diagrams;
(F)
Database Maintenance Plan; and
(G)
Equipment Maintenance Plan.
(g)
Amendments to Regional Plan. A regional plan may be amended
according to procedure established in accordance with CSEC §251.6 of
this title (relating to Guidelines for Strategic Plans, Amendments, and Revenue
Allocation).
(h)
Call Taking Positions. Requests for an increase in the
number of positions within a PSAP should be submitted for approval in the
regional strategic plan along with justification for the increase. If an increase
in the number of positions is required after the regional plan has been approved
and the addition of the position(s) will require no additional funding, the
RPC shall follow the requirements for amendment in accordance with §251.6
of this title. If additional funding is required for the additional position(s),
the request shall be submitted to the CSEC for consideration and approval
in accordance with §251.6 of this title. Each PSAP shall be equipped
with adequate call taking positions to meet anticipated call volume. Factors
that may be considered in determining the proper number of positions include:
(1)
Historical 9-1-1 call volume and growth;
(2)
Call duration information;
(3)
Anticipated area population growth; and
(4)
Peak 9-1-1 call volume patterns.
(i)
Adding a PSAP. Should there be a need to add a new PSAP
within the region, the RPC shall provide the CSEC written justification supporting
the request. Appropriate justification shall include 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 relationship of the proposed PSAP to the balance of the region's network.
(j)
Contracts. 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 in accordance with CSEC §251.12
of this title (relating to Contracts for 9-1-1 Services).
(k)
Procurement. 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 CSEC 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 in
accordance with CSEC §251.8 of this title (relating to Guidelines for
the Procurement of Equipment and Services with 9-1-1 funds).
(l)
Equipment Management. The RPC is responsible for the 9-1-1
equipment in accordance with CSEC §251.5 of this title (relating to Guidelines
for 9-1-1 Equipment Management and Disposition). Any integration of expanded
third-party applications onto a call taking position must be in accordance
with CSEC §251.7 of this title (relating to Guidelines for Implementing
Integrated Services). If changes or extensions of 9-1-1 service occur, the
RPC is to administer and report them in accordance with CSEC §251.2 of
this title (relating to Guidelines for Changing or Extending 9-1-1 Service
Arrangements).
(m)
Testing. The RPC shall test all 9-1-1 Customer Premises
Equipment (including TDD/TTY), 9-1-1 Network, and 9-1-1 Database services.
Testing shall occur when new service or equipment is installed, service or
equipment is modified, and on a regular basis to ensure system reliability
and compliance with ADA. A schedule for ongoing testing shall be developed
by the RPC and shall be available to the CSEC for monitoring.
(n)
Monitoring. The CSEC reserves the right to perform on-site
monitoring of the RPC and/or its performing local governments or PSAPs for
compliance with applicable law in accordance with CSEC §251.11 of this
title (relating to Monitoring Policies and Procedures).
(o)
Performance Reporting. A RPC shall submit financial and
performance reports to the CSEC at least quarterly on a schedule to be established
by the CSEC. The financial report shall identify actual implementation costs
by county, strategic plan priority level, and component. The performance report
shall reflect the progress of implementing the region's strategic plan including,
but not limited to, the status of equipment, services, and program deliverables
in a format to be determined by the CSEC.
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 6, 2002.
TRD-200202787
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: June 16, 2002
For further information, please call: (512) 305-6933
1 TAC §251.9
The Commission on State Emergency Communications (CSEC) proposes
amendment to §251.9, concerning the use and distribution of 9-1-1 funds
for database maintenance by local governments. The amendment is proposed in
response to question as to the definition of "subdivision", and to provide
guidance to local governments and regional planning commissions in their continuing
work with 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 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 database
maintenance needs. The maintenance of maps and records associated with an
addressing 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.
Comments on §251.9 must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
Section 251.9 is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.055, 771.056, and 771.057; and Title 1 Texas
Administrative Code, Part XII, Chapter 251, Regional Plan Standards, which
provides the 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.
No other statutes, articles, or codes are affected by the proposed amendment.
§251.9.Guidelines for Database Maintenance Funds.
The Commission on State Emergency Communications (
CSEC
[
(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.
(D)
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.
(E)
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, D, or E.
(F)
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)
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
councils
[
(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
CSEC
[
(K)
Subdivision - The division of a tract
of land into two or more parts, and including the laying out of roads, streets,
or other public right-of-way, and which is recorded at the County Clerk's
office.
(L)
[
(2)
Policy and Procedures. As authorized by the Texas Health
and Safety Code, Chapter 771, the
CSEC
[
(A)
A
RPC
[
(B)
Interlocal agreements shall be executed between the
RPC
[
(C)
A database maintenance plan shall be submitted by the
RPC
[
(i)
number of new subdivisions or re-plats addressed;
(ii)
total number of new lots created and addressed in these
subdivisions;
(iii)
number of new datapoints added to computer map;
(iv)
number of street signs replaced;
and
(v)
number of MSAG ranges in database.
(D)
The following information will be incorporated into the
regional report by CSEC as reported by the state-contracted database provider.
(i)
number of MSAG changes/inserts/deletes;
(ii)
percent of total errors compared to valid telephone numbers;
(iii)
number of cleared errors as compared to new errors; and
(iv)
percentage of total errors that have been pending at the
RPC, the telephone company(ies), and the database service provider for more
than 60 days.
(E)
Budgets shall be developed by the local governments each
fiscal year, identifying all projected database maintenance expenditures.
These budgets will be reviewed during the strategic plan review process.
(F)
Database maintenance funds will be allocated based on need
as justified by the local government and approved by the
CSEC
[
(G)
Budgeted costs associated with Database Maintenance shall
be monitored by the
CSEC
[
(3)
Requesting Database Maintenance Funds.
(A)
A request from a
RPC
[
(i)
Certification of a fully executed interlocal agreement
between the
RPC
[
(ii)
A database maintenance plan identifying all activities
and responsible parties involved; and
(iii)
An approved budget outlining database maintenance components
and projected expenditures.
(B)
Funds requested by a
RPC
[
(4)
Budget Components. A
RPC
[
(A)
Personnel. For each staff position, the following must
be provided:
(i)
Position title;
(ii)
Duties related to database 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 maintenance;
and
(vi)
Total salary chargeable to database 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 database maintenance
times the rental rate to be charged during the budget period.
(E)
Maintenance and Repairs. Total maintenance costs for database
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
maintenance functions expected during the budget period.
(J)
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.
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 6, 2002.
TRD-200202788
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: June 16, 2002
For further information, please call: (512) 305-6933
1 TAC §251.13
The Commission on State Emergency Communications (CSEC) proposes
new §251.13, concerning the use of the 9-1-1 database for emergency warning
services for emergency notification services.
The emergency adoption of this section is in response to requests for direction
from regional planning commissions and local governments in their participation
with the Governor's Texas homeland security and disaster preparedness systems.
This emergency action is taken to ensure quick response for emergency notification
services and that effective emergency response and attempts to save lives
and property is not adversely impacted. Local governments are ready to implement,
and the Commission approves immediate action so there will be no delays which
could affect the capacity of local governments and emergency response systems
to notify the citizens of imminent emergencies.
Paul Mallett, executive director, 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. Mallett 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 improved effectiveness and efficiency of 9-1-1
call delivery systems in 9-1-1 program 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 Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
The new section is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.051(a)(7), 771.055, 771.056, 771.057 and 771.075;
and Title 1 Texas Administrative Code, Part XII, Chapter 251, Regional Plan
Standards, which provide the Commission on State Emergency Communications
with the authority to plan, develop, provide provisions and the enhancement
of effective and efficient 9-1-1 service.
No other statutes, articles or codes are affected by the proposed new section.
§251.13.The Use Of The 9-1-1 Database For Emergency Notification Services.
(a)
Purpose. The Commission on State Emergency Communications
(CSEC), pursuant to Texas Health and Safety Code Chapter 771, §771.051(a)(7),
is charged by the Texas Legislature to "assist in planning, supporting, and
facilitating 9-1-1 databases, as needed." As such, the CSEC issues this rule
to assist the regional planning commissions (RPCs) and local governments in
the proper planning, supporting, and/or facilitation of the use of the 9-1-1
database information for emergency notification services.
(b)
Background. State law provides and the Texas Attorney General
has concluded, that the 9-1-1 database information is confidential and is
not available for public inspection. (Texas Health and Safety Code, §771.061(a);
Texas Attorney General Open Records Decision 661, 1999.) Thus, RPCs assisting
local governments or providers that support emergency notification services
in the use of the 9-1-1 database information for emergency notification services
should, unless otherwise ruled to the contrary by the Texas Attorney General
or a court of competent jurisdiction, require the same degree of confidentiality
protections for the 9-1-1 database information when it is used for emergency
notification services as they do when the information is used for 9-1-1 emergency
service purposes. Furthermore, because of the confidential nature of the 9-1-1
database information and because it contains unlisted and unpublished numbers,
RPCs should retain the right to withdraw their assistance if the local government
or the providers that support emergency notification services do not maintain
the confidentiality of the information or misuse the emergency notification
services.
(c)
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 Database -- An organized collection of information,
which is typically stored in computer systems that are comprised of fields,
records (data), and indexes. In 9-1-1, such databases include master street
address guide (MSAG), telephone number, emergency service number (ESN), and
telephone customer records. This information is used for the delivery of location
information to a designated public safety answering point.
(2)
9-1-1 Database Provider -- A service provider who maintains
the 9-1-1 database for RPCs and/or local government entities.
(3)
Emergency Notification Services -- A service or system
that provides local governmental entities the ability to notify citizens of
a warning or alert regarding emergency situations which may jeopardize human
life or property. Emergency notification services can utilize multiple methods
of transmission to include voice technologies via telephone systems; data
technologies via facsimile; e-mail, Internet services and paging systems;
and broadcast technologies via television, radio, or Internet.
(4)
Regional Planning Commission (RPC) -- A commission established
under Local Government Code, Chapter 391, also referred to as a regional council
of governments.
(d)
The information in the 9-1-1 database is collected and
maintained solely for the provision of emergency services. The 9-1-1 database
provider shall not release the 9-1-1 database information without the express
written approval of the CSEC and the RPC.
(e)
The CSEC intends to authorize the release of the 9-1-1
database within the CSEC program areas for the use of emergency notification
services under the condition that this information is to be used for the purpose
of warning or alerting citizens regarding information in an emergency situation
where property or human life is in jeopardy. Further, it is the intention
of CSEC that the current designated 9-1-1 database provider, RPCs, and CSEC
staff cooperate with local government to the fullest extent possible in accordance
with CSEC rules and policy, and state and federal law for the implementation
of emergency notification services.
(f)
Since the CSEC funds the maintenance of the 9-1-1 database
through RPCs, the local government entity, with the CSEC program areas, will
bear the full responsibility for the expenses related to the implementation
of emergency notification services and the transfer of data.
(g)
Procedures. The procedures for authorization of utilizing
the 9-1-1 database for emergency notification services will be:
(1)
The RPC shall submit a written request to the CSEC for
the authorization to release the information. This written request shall contain
an overview of the emergency notification services, the local government entity
requesting the 9-1-1 database and its written request, description of geographic
area utilizing the services, and an interlocal agreement from all parties
that the 9-1-1 database will only be used in emergency situations and will
be kept confidential and not available for public inspection.
(2)
The CSEC staff has the authority to review and approve
the written request and shall provide written authorization once all information
is provided.
(3)
The designated 9-1-1 database provider shall cooperate
and provide access to the information to the RPC, local government entity,
or directly to the vendor of emergency notification services upon receipt
of CSEC's authorization and after receipt of written notification from the
RPC.
(4)
The RPC shall notify the vendor of emergency notification
services regarding the confidentiality of the 9-1-1 database.
(5)
The CSEC staff will maintain an inventory of all requests,
including withdrawals of assistance when the confidentiality of the information
is misused.
(6)
The RPC will notify the CSEC, through its quarterly performance
report, on the implementation and status of any emergency notification services
that utilize the 9-1-1 database within its region and/or when the emergency
notification services is withdrawn, especially when the withdrawal is based
on misuse of the confidential information.
(7)
The RPC will continue its duties in verifying and maintaining
the accuracy of the 9-1-1 database.
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 6, 2002.
TRD-200202790
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: June 16, 2002
For further information, please call: (512) 305-6933
Chapter 355.
MEDICAID REIMBURSEMENT RATES
Subchapter J. PURCHASED HEALTH SERVICES
Commission
]) has adopted a policy regarding database maintenance and
the use of state funds. These guidelines address the use and distribution
of 9-1-1
funds
[
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.
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
CSEC
[
Commission
].
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.
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
CSEC
[
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
CSEC
[
Commission
] to fund
geographic information systems and the development of digital maps to support
such activities. The
CSEC
[
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.
regional planning council
]
or
District
[
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.
regional planning council
] and the county. The agreement
shall identify the responsibilities of all parties and provide for the reporting
of performance measures.
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 to CSEC on the regularly scheduled performance reports
submitted at least quarterly:
Commission
].
Commission
] staff for consistency
with approved strategic plans.
regional planning
council
] or
a District
[
an emergency communication district
] must contain the following:
regional planning council
] and the
county;
regional planning
council
] or
a District
[
an emergency communication district
] shall be reflected as an expenditure on the
CSEC
[
Commission
] Financial Status Report.
regional planning
council
] or
a District
[
an emergency communication district
] must submit
a
[
an
] database maintenance budget
to the
CSEC
[
Commission
] for approval. Database maintenance
budgets are limited to allocated Strategic Plan Addressing Maintenance budget
amounts and may only include the following cost components. Fund distribution
among these components is at the discretion of the
RPC
[
regional
planning council
] to best fit the needs of the region.
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION