TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.3

The Commission on State Emergency Communications (CSEC) adopts the repeal of §251.3, concerning guidelines for addressing funds, without changes to the adopted rule that was published in the October 25, 2002, issue of the Texas Register (27 TexReg 9902).

The rule is being repealed because the rule is no longer applicable. The rule provides guidance for funding of county addressing projects through the completion of the initial phase of addressing. The second phase of addressing is database maintenance, for which a separate rule exists.

No comments were received regarding adoption of the repeal.

The repeal is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.072, 771.073, 777.074, 771.075, 771.078 and Title 1 Texas Administrative Code, Part 12.

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 21, 2003.

TRD-200300321

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: February 10, 2003

Proposal publication date: October 25, 2002

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


1 TAC §251.8

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.8, concerning adopted guidelines for the procurement of equipment services with 9-1-1 funds, without changes to the adopted rule that was published in the October 25, 2002, issue of the Texas Register (27 TexReg 9903).

The adopted amendment clarifies the language regarding competitive procurement requirements by simplifying the language and delete the language regarding the Y2K compliance since it is no longer applicable.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Health and Safety Code, Chapter 771, §§771.051, 771.071, 771.0711, 771.072, 771.075, and Title 1 Texas Administrative Code, Part 12, which authorize the Commission to provide 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 21, 2003.

TRD-200300322

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: February 10, 2003

Proposal publication date: October 25, 2002

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, without changes to the adopted rule that was published in the October 25, 2002, issue of the Texas Register (27 TexReg 9905).

As a Result of a review of CSEC's financial policies and procedures by the Management Advisory Services (MAS) of the State Auditor's office, changes to the various disbursement methods of 9-1-1 funds to the Regional Planning Councils (RPCs) are adopted.

The adopted amendment will follow the MAS' recommendations that quarterly disbursements be made on a reimbursement basis and be substantiated by RPC documentation; that RPC advances be referred to as start up funds; and that RPC advances be distinguished from emergency funding. The adopted changes will be incorporated into the example contract contained within this rule. Additionally, at the recommendation of the MAS, CSEC developed formal Program Policy Statements (PPS), which support these adopted contract revisions and provide more specific guidance to the RPCs.

No comments were received regarding 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.

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 21, 2003.

TRD-200300323

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: February 10, 2003

Proposal publication date: October 25, 2002

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


Chapter 252. ADMINISTRATION

1 TAC §252.2

The Commission on State Emergency Communications (CSEC) adopts new §252.2, concerning the purchase of goods and services by CSEC, without changes to proposed text as published in the October 25, 2002, issue of the Texas Register (27 TexReg 9906).

The guidelines serve to promote inclusion of Historically Underutilized Businesses (HUBs) for procurement purposes.

No comments were received regarding adoption of the new section.

The new section is adopted under Health and Safety Code, Chapter 771, §§771.051, 777.051(a)(7), 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 with the authority to plan, develop, provide provisions for the enhancement of effective and efficient 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 21, 2003.

TRD-200300324

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: February 10, 2003

Proposal publication date: October 25, 2002

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


Chapter 255. FINANCE

1 TAC §255.10

The Commission on State Emergency Communications (CSEC) adopts the repeal of §255.10, concerning notification of untimely remittance of fees, without changes to the proposed rule that was published in the October 25, 2002, issue of the Texas Register (27 TexReg 9907).

The section is being repealed to reflect consistency with the 77th Texas Legislature's passage of HB 2914 which gave the State Comptroller's Office authority for collection of 9-1-1 service fees. The CSEC is no longer responsible for the collection or follow up on remittance variances and notification of delinquent fees.

No comments were received regarding adoption of the repeal.

The repeal is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.072, 771.073, 777.074, 771.075, 771.078 and Title 1 Texas Administrative Code, Part 12.

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 21, 2003.

TRD-200300325

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: February 10, 2003

Proposal publication date: October 25, 2002

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