TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.1, concerning regional plans for 9-1-1 service, without changes to the proposed text as published in the May 30, 2003, issue of Texas Register (28 TexReg 4205).

The amendment is necessary to outline the procedures for implementing and managing a mobile Primary Safety Answering Point (PSAP) and to propose changes to existing sections as necessary. The amendment provides a definition for a mobile PSAP and a section outlining the procedures for implementing and managing a mobile PSAP, including the submission of standard operating procedures.

There were no comments received regarding the adoption of the amendment.

The amendment is adopted 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 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, provide provisions for and enhance the effectiveness and efficiency of 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 August 4, 2003.

TRD-200304703

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: August 24, 2003

Proposal publication date: May 30, 2003

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

1 TAC §251.6

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.6, concerning guidelines for submission requests from councils of governments on strategic plans, amendments and allocation of equalization surcharge funds, without changes to the proposed text as published in the May 30, 2003 issue of the Texas Register (28 TexReg 4208).

Current Rule 251.6 provides a description of the formats and processes for regional strategic planning, plan amendments, and funding of plans. Modifications are necessary for the preparation of the regional strategic plans for fiscal years 2004-2005. The proposed changes only impact the sections that define the line-item components of the financial budgeting portion of the plans.

There were no comments received regarding the adoption of the amendment.

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, and 771.075, which authorize the Commission to adopt policies and procedures prescribing the distribution and use of 9-1-1 funds for providing 9-1-1 service.

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 August 4, 2003.

TRD-200304704

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: August 24, 2003

Proposal publication date: May 30, 2003

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

1 TAC §251.12

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.12, concerning contracts for 9-1-1 services, with changes to the proposed text as published in the May 30, 2003, issue of Texas Register (28 TexReg 4209). The changes reflect the balance of recommendations made by the Management Advisory Services (MAS) of the State Auditor's Office and anticipated legislative requirements.

The proposed revisions to the contract are necessary to make the contract more reflective of current and pending legislation specific to monitoring compliance; standard interlocal agreement with local governments; service fee funding; surcharge allocation; strategic planning to include historically underutilized business plan with strategic plan; reporting requirements; and State Auditor's Office on-site monitoring and audits of Regional Planning Commissions.

In addition to the posted revisions, there were additional changes recommended by the CSEC staff. All of the revisions were discussed with the representative of the Texas Association of Regional Councils (TARC) 9-1-1 Coordinator's Subcommittee and the Office of the Attorney General (OAG). The OAG confirms that the additional revisions are not substantive and do not require reposting of the rule. The TARC subcommittee concurs with the additional revisions, which include the following changes to contract language:

Align contract to current Commission policy;

References to Commission policies and procedures, i.e. Program Policy Statements (PPSs), for specific details;

Article 6 - Service Fee Funding - Additional references to statute and appropriation riders, i.e. HUB plan;

Articles 10 & 11 - replace "bullets" with appropriate numbering scheme;

Article 10 - Strategic Planning - addition of 10.6 - "The Commission may withhold disbursement of funds to the RPC until an administratively complete strategic plan is submitted according to Commission policy, procedure and strategic planning guidelines."

Article 14 - Miscellaneous Provisions - addition of minimum reporting requirements by RPCs to CSEC.

The current RPC/CSEC contracts for FY 2002/2003 expire on August 31, 2003. The contracts will need to be revised and executed for the FY 2004/2005 biennium after the RPC strategic plans are approved, and before 9-1-1 funds can be distributed to the RPCs.

There were no comments received regarding the adoption of the amendment.

The amendment is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.071, 771.0711, 771.072, 771.073, 771.075, 771.078, 771.055, 771.056, and Title 1 Texas Administrative Code, Part 12, which authorizes the Commission to adopt policies and procedures prescribing the distribution and use of 9-1-1 funds for providing 9-1-1 service.

§251.12.Contracts for 9-1-1 Services.

(a) Purpose. In accordance with Chapter 771 of the Texas Health and Safety Code, as revised and amended by HB 1983 passed by the 76th Texas Legislature, this rule shall provide the standard provisions for contracts between the Commission on State Emergency Communications (Commission) and Regional Planning Commissions (RPC) for the provisioning of 9-1-1 service.

(b) Policy and Procedure. The Commission shall contract with each RPC for the provision of 9-1-1 services. Each contract shall substantially conform to the standard contract form, set forth by way of example in subsection (d) of this section.

(1) the reporting of financial information regarding administrative expenses by RPCs in accordance with generally accepted accounting principles;

(2) the reporting of information regarding the current performance, efficiency, and degree of implementation of emergency communications services in each RPC's service area;

(3) the collection of efficiency data on the operation of 9-1-1 answering points;

(4) standards for the use of answering points and the creation of new answering points;

(5) quarterly disbursements of money due under the contract, except as provided by paragraph (6) of this subsection;

(6) the Commission to withhold disbursement to a RPC that does not follow a standard imposed by the contract, a Commission rule, or a statute; and

(7) a means for the Commission to give an advance on a quarterly distribution under the contract to a RPC that has a financial emergency.

(d) The contract described in subsection (b) of this section shall substantially conform to the following standard contract form:

Figure: 1 TAC §251.12(d)

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 August 4, 2003.

TRD-200304705

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: August 24, 2003

Proposal publication date: May 30, 2003

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