Part 2.
TEXAS ETHICS COMMISSION
Chapter 20.
REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
Subchapter F. REPORTING REQUIREMENT FOR A GENERAL-PURPOSE COMMITTEE
1 TAC §20.433
The Texas Ethics Commission adopts an amendment to §20.433,
requiring general-purpose political committees to specifically identify expenditures
made from corporate or labor organization political contributions for administrative
and solicitation expenses. At its January 14, 2005, meeting the Texas Ethics
Commission amended the proposed rule to add subsection (b) that designates
July 1, 2005, as the effective date of the amendment. The rule is adopted
with changes to the proposed text as published in the October 15, 2004, issue
of the
Texas Register
(29 TexReg 9615) and
will be republished.
The following comment was received regarding the adoption of the amendment
to §20.433. Fred Lewis with Campaigns For People stated that he was in
agreement with the amended rule.
The amendment to §20.433 is adopted under Government Code,
Chapter 571, Section 571.062, which authorizes the Ethics Commission to adopt
rules concerning the laws administered and enforced by the Ethics Commission.
§20.433.Contents of General-Purpose Committee Sworn Report of Contributions and Expenditures.
(a)
Semiannual reports, pre-election reports, and runoff reports
must cover reportable activity during the reporting period and must include
the following information:
(1)
the full name of the general-purpose committee;
(2)
the address of the general-purpose committee;
(3)
the full name of the general-purpose committee's campaign
treasurer;
(4)
the residence or business street address of the general-purpose
committee's campaign treasurer;
(5)
the committee campaign treasurer's telephone number;
(6)
the identity and date of the election for which the report
is filed, if applicable;
(7)
the full name of each identified candidate or measure or
classification by party of candidates supported or opposed by the general-purpose
committee and an indication of whether the general-purpose committee supports
or opposes each listed candidate, measure, or classification by party of candidates;
(8)
the full name of each identified officeholder or classification
by party of officeholders assisted by the general-purpose committee;
(9)
if the general-purpose committee supports or opposes measures
exclusively, for each contribution accepted from a corporation as defined
by § 20.1 of this title (relating to Definitions):
(A)
the date each contribution was accepted;
(B)
the full name of the corporation or labor organization
making the contribution;
(C)
the address of the corporation or labor organization making
the contribution;
(D)
the amount of the contribution; and
(E)
a description of any in-kind contribution;
(10)
for each political expenditure by the general-purpose
committee that was made as a political contribution to a candidate, officeholder,
or another political committee and that was returned to the general-purpose
committee during the reporting period:
(A)
the amount returned;
(B)
the full name of the person to whom the expenditure was
originally made;
(C)
the address of the person to whom the expenditure was originally
made; and
(D)
the date the expenditure was returned to the general-purpose
committee;
(11)
for each person from whom the general-purpose committee
accepted a political contribution other than a pledge or a loan of more than
$50 in value, or political contributions other than pledges or loans that
total more than $50 in value (or more than $10 for a general-purpose committee
reporting monthly):
(A)
the date each contribution was accepted;
(B)
the full name of the person making the contribution;
(C)
the address of the person making the contribution;
(D)
the principal occupation of the person making the contribution;
(E)
the amount of the contribution; and
(F)
a description of any in-kind contribution;
(12)
for each person from whom the general-purpose committee
accepted a pledge or pledges to provide more than $50 in money or to provide
goods or services worth more than $50 (more than $10 for a general-purpose
committee reporting monthly):
(A)
the full name of the person making the pledge;
(B)
the address of the person making the pledge;
(C)
the principal occupation of the person making the pledge;
(D)
the amount of each pledge;
(E)
the date each pledge was accepted; and
(F)
a description of any goods or services pledged;
(13)
the total of all pledges accepted during the period for
$50 and less from a person, except for those reported under paragraph (12)
of this section;
(14)
for each person making a loan or loans to the general-purpose
committee for campaign purposes if the total amount loaned by the person during
the period is more than $50 (more than $10 for a general-purpose committee
reporting monthly):
(A)
the full name of the person or financial institution making
the loan;
(B)
the address of the person or financial institution making
the loan;
(C)
the amount of the loan;
(D)
the date of the loan;
(E)
the interest rate;
(F)
the maturity date;
(G)
the collateral for the loan, if any; and
(H)
if the loan has guarantors:
(i)
the full name of each guarantor;
(ii)
the address of each guarantor;
(iii)
the principal occupation of each guarantor;
(iv)
the name of the employer of each guarantor; and
(v)
the amount guaranteed by each guarantor;
(15)
the total amount of loans accepted during the period for
$50 and less from persons other than financial institutions engaged in the
business of making loans for more than one year, except for those reported
under paragraph (14) of this section;
(16)
for political expenditures made during the reporting period
that total more than $50 (more than $10 for a general-purpose committee reporting
monthly) to a single payee:
(A)
the full name of the person to whom each expenditure was
made;
(B)
the address of the person to whom the expenditure was made;
(C)
the date of the expenditure;
(D)
the purpose of the expenditure, for example, the goods
or services for which the expenditure was made;
(E)
the amount of the expenditure; and
(F)
indication for an expenditure paid in full or in part from
corporations or labor organizations that it was paid from such sources.
(17)
for each non-political expenditure made from political
contributions:
(A)
the date of each payment;
(B)
the full name of the person to whom the payment was made;
(C)
the address of the person to whom the payment was made;
(D)
the nature of the goods or services for which the payment
was made;
(E)
the amount of the payment; and
(F)
indication for an expenditure paid in full or in part from
corporations or labor organizations that it was paid from such sources.
(18)
for each candidate or officeholder who benefits from a
direct campaign expenditure made by the committee:
(A)
the name of the candidate or officeholder; and
(B)
the office sought or held by the candidate or officeholder;
(19)
for each political contribution from an out-of-state political
committee, the information required by §22.7 of this title (relating
to Contribution from Out-of-State Committee);
(20)
the following total amounts:
(A)
the total principal amount of all outstanding loans as
of the last day of the reporting period;
(B)
the total amount or an itemized listing of political contributions
(other than pledges, loans, or guarantees of loans) of $50 and less ($10 and
less for a general-purpose committee reporting monthly);
(C)
the total amount of all political contributions (other
than pledges, loans, or guarantees of loans);
(D)
the total amount or an itemized listing of the political
expenditures of $50 and less ($10 and less for a general-purpose committee
reporting monthly); and
(E)
the total amount of all political expenditures;
(21)
if applicable, a statement that no reportable activity
occurred during the reporting period; and
(22)
an affidavit, executed by the campaign treasurer, stating:
"I swear, or affirm, that the accompanying report is true and correct and
includes all information required to be reported by me under Title 15, Election
Code."
(b)
Subsections (a)(16)(F) and (a)(17)(F) take effect on July
1, 2005.
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, 2005.
TRD-200500278
David A. Reisman
Executive Director
Texas Ethics Commission
Effective date: July 1, 2005
Proposal publication date: October 15, 2004
For further information, please call: (512) 463-5800
Subchapter E. ELECTRONIC FILING
1 TAC §34.91
The Texas Ethics Commission adopts new §34.91, concerning
exemptions from the requirement to file lobby reports electronically. H.B.
1606, 78th Legislature, Regular Session, requires the Texas Ethics Commission
to adopt rules under which a lobbyist may file on paper. At its January 14,
2005, meeting the Texas Ethics Commission amended the proposed rule to add
the heading of Subchapter E, Electronic Filing to Chapter 34, Regulation of
Lobbyists. The rule as published in the December 3, 2004, issue of the
No comments were received regarding adoption of the new rule.
The new section is adopted under Government Code, Chapter 571, §571.062,
which authorizes the commission to adopt rules concerning the laws administered
and enforced by the commission.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 18, 2005.
TRD-200500230
David A. Reisman
Executive Director
Texas Ethics Commission
Effective date: February 7, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 463-5800
1 TAC §50.1
The Texas Ethics Commission adopts an amendment to §50.1,
to set the legislative per diem as required by the Texas Constitution, Article
III, §24a. This section sets the per diem for members of the legislature
and the lieutenant governor at $128 for each day during the regular session
and any special session. The amendment is adopted without changes to the proposed
text as published in the November 26, 2004, issue of the
Texas Register
(29 TexReg 10859).
No comments were received regarding adoption of the amendment.
This amendment is adopted under the Texas Constitution, Article
III, §24a, and the Government Code, Chapter 571, §571.062.
The amended section affects the Texas Constitution, Article III, §24,
Article III, §24a, and Article IV, §17.
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 14, 2005.
TRD-200500214
David A. Reisman
Executive Director
Texas Ethics Commission
Effective date: February 3, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 463-5800
Chapter 251.
REGIONAL PLANS--STANDARDS
1 TAC §251.6
The Commission on State Emergency Communications (CSEC) adopts
amendments to §251.6, concerning guidelines for submission requests from
regional planning commissions on strategic plans, amendments and allocation
of funds with changes to the proposed text as published in the October 1,
2004, issue of the
Texas Register
(29 TexReg
9275).
This section is adopted as part of Rule Review of Chapter 251 pursuant
to Government Code, §2001.039. The rule continues to be essential to
the CSEC's operations and per statutory authority.
The amendment considers the requests for hearing amendments from Regional
Planning Commissions at least four times a year on a schedule to be established
by the Commission, with consideration of scheduling the reviews in each quarter
of the fiscal year.
The CESC received comment from the Texas Association of Regional Councils
(TARC) approving the revision to the rule to provide for Commission review
of regional strategic plan amendments four times annually. TARC also commented
that the Commission should consider revising the limits on allowable costs
established for recording systems established in subsection (i) (2) of the
rule. The CSEC will work with TARC to review current data for cost and size
of recording systems; and notes that the rule currently provides that any
region that has funding needs above the current parameters may submit an amendment
request for Commission approval.
TARC also requested removal of the word "match" from the term "Personnel
Match," shown in subsections (d)(4) and (e)(4) of the rule, under allowable
costs for Use of Revenue in Certain Counties. The CSEC also proposes deletion
of the word.
Comment was also received from CSEC's internal auditor, who proposed a
revised phrasing of the last sentence of subsection (g)(2), regarding the
establishment of four opportunities per year for regional amendments to be
heard by the Commission. This would avoid a potential misinterpretation that
four amendments are required of the regions per year. CSEC staff recommends
the internal auditor's version of the sentence.
The amendment is adopted pursuant to the Texas Health and Safety
Code, Chapter 771, §§771.051, 771.071, 771.0711, 771.072, 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, fund, and provide provisions for the
enhancement of effective and efficient 9-1-1 service.
§251.6.Guidelines for Strategic Plans, Amendments, and Revenue Allocation.
(a)
Purpose. The purpose of this rule is to provide the structure
and guidelines for regional strategic plans, funding of the plans, and amendments
to the plans.
(b)
Background. As authorized by Chapter 771 of the Texas Health
and Safety Code, the Commission on State Emergency Communications (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. In accordance with Section 771.055 of the above chapter, such service
implementation shall be consistent with regional plans developed by regional
planning commissions (RPC). These regional plans must meet standards established
by the Commission and "...include a description of how money allocated to
the region under this chapter is to be allocated in the region." Section 771.057
addresses amendments to regional plans and indicates that such amendments
may be adopted in accordance with procedure established by the Commission.
(c)
Definitions. Unless the context clearly indicates otherwise,
terms contained in this rule are defined as shown in Commission Rule 251.14,
General Provisions and Definitions.
(d)
Strategic Plan Levels. Regional strategic plans developed
in accordance with Chapter 771, along with the commensurate allocation of
the above described funds, shall reflect implementation consistent with the
following four major strategic plan levels (in order of priority) for state
appropriations years 2004-2005.
(1)
Level I: The equipment, network, and database equipment
and/or services that provide the essential elements of 9-1-1 service, including
the maintenance and replacement of equipment.
(A)
Network;
(B)
Wireless Phase I;
(C)
Database;
(D)
Equipment Lease;
(E)
Equipment Purchase;
(F)
Language Line; and
(G)
Equipment Maintenance.
(2)
Level II: The activities, equipment, and/or services that
directly support and enhance 9-1-1 call delivery and data maintenance for
the level of service provided to the region.
(A)
Database Maintenance;
(B)
MIS;
(C)
Mapped ALI;
(D)
PSAP Room Prep;
(E)
PSAP Training;
(F)
Public Education; and
(G)
Wireless Phase II.
(3)
Level III: The activities, equipment, and/or services that
provide auxiliary enhancements to the delivery of 9-1-1 calls and the level
of service provided to the region.
(A)
Network Diversity;
(B)
Training Positions;
(C)
Emergency Power;
(D)
Recorders;
(E)
Pagers;
(F)
Ancillary Maintenance & Repair; and
(G)
Other.
(4)
Level IV: Use of Revenue in Certain Counties. The activities,
equipment, and/or services that provide auxiliary enhancements to the 9-1-1
system of a county subject to Health and Safety Code, Chapter 771, with a
population over 700,000, or the county that has the highest population within
an RPC participating in the Commission program to include, but not limited
to:
(A)
Design of a 9-1-1 System;
(B)
Purchase of Equipment;
(C)
Maintenance of Equipment; and
(D)
Personnel.
(e)
New Strategic Plan Levels. Regional strategic plans developed
in accordance with Chapter 771, along with the commensurate allocation of
the above described funds, shall reflect implementation consistent with the
following four major strategic plan levels (in order of priority) beginning
state appropriations year 2006.
(1)
Level I: The equipment, network, and database equipment
and/or services that provide the essential elements of 9-1-1 service, including
the maintenance and replacement of equipment.
(A)
Network;
(B)
Wireless;
(C)
Database;
(D)
Equipment Lease;
(E)
Language Line; and
(F)
Equipment Maintenance.
(2)
Level II: The activities, equipment, and/or services that
directly support and enhance 9-1-1 call delivery and data maintenance for
the level of service provided to the region.
(A)
Database Maintenance;
(B)
MIS;
(C)
Mapped ALI;
(D)
PSAP Room Prep;
(E)
PSAP Training; and
(F)
Public Education.
(3)
Level III: The activities, equipment, and/or services that
provide auxiliary enhancements to the delivery of 9-1-1 calls and the level
of service provided to the region.
(A)
Network Diversity;
(B)
PSAP Supplies; and
(C)
Ancillary Maintenance & Repair.
(4)
Level IV: Use of Revenue in Certain Counties. The activities,
equipment, and/or services that provide auxiliary enhancements to the 9-1-1
system of a county subject to Health and Safety Code, Chapter 771, with a
population over 700,000, or the county that has the highest population within
an RPC participating in the Commission program to include, but not limited
to:
(A)
Design of a 9-1-1 System;
(B)
Purchase of Equipment;
(C)
Maintenance of Equipment; and
(D)
Personnel.
(f)
Strategic Plans. Regional strategic plans developed in
compliance with Chapter 771 shall include a strategic plan that projects financial
operating information at least two years into the future; and strategic planning
information at least five years into the future.
(1)
The Commission shall establish the format of strategic
plans for the sake of identifying overall statewide requirements in its implementation.
(2)
Strategic plans shall be consistent with the four major
implementation priority levels identified above and with all applicable Commission
policies and rules.
(3)
An RPC shall submit financial reports at least quarterly
on a schedule to be established by the Commission. The financial report shall
identify actual implementation costs by county, strategic plan priority level
and component.
(4)
An RPC shall submit performance reports at least quarterly
on a schedule to be established by the Commission. The performance report
shall reflect the progress of implementing the region's strategic plan, including
the status of equipment, services and program deliverables, in a format to
be determined by the Commission.
(g)
Amendments to Regional Strategic Plans.
(1)
An RPC may make changes to its approved regional strategic
plan to accommodate unanticipated requirements and/or to prevent disruption
of its implementation schedule, contingent upon compliance with all Commission
policies and procedures. Examples of occasions when an amendment must be submitted
to the Commission include, but are not limited to:
(A)
Requests for approval of items under Commission Rule 251.3,
Use of Revenue in Certain Counties;
(B)
Requests to shift budget authority from the Administrative
budget to the Program budget, and vice versa;
(C)
Requests to increase the total percentage of staff time
charged to the 9-1-1 program (FTE), when the increase exceeds the total amount
of time charged for all personnel funded with 9-1-1 funds in the current approved
plan;
(D)
Requests to add a call-taking position at a PSAP when the
total number of call-taking positions for the region would increase;
(E)
Requests for exceptions to Commission policy;
(F)
Requests for additional funds; and
(G)
As required by other Commission rule, or upon a request
from the Commission.
(2)
Requests for amendments to the regional plan shall be submitted
in writing to the Commission. The documentation required for changes will
be an amended budget, narrative, related worksheets and a letter indicating
executive approval of the amendment according to Commission policy. The Commission
shall take action, no fewer than four times annually, on any Regional plan
amendment request submitted for approval.
(3)
Emergency situations requiring amendments to regional plans
that require additional funding may be presented to the Commission for review
and consideration contingent upon the availability of such funds within level
priorities as established by the Commission.
(h)
Allocation of Revenue.
(1)
Service Fee allocation - Consistent with sections 771.056
(d), and 771.078 the Commission shall allocate, by contract, service fee revenue
to RPCs contingent on the availability of appropriated funds.
(2)
Equalization Surcharge Funds
(A)
Within the context of Section 771.056(d), the Commission
shall consider any revenue insufficiencies to represent need for equalization
surcharge funding support.
(B)
Consistent with this rule, the Commission shall allocate,
by agreement, equalization surcharge funds and service fees to RPCs based
upon statewide strategic plan contingent on the availability of appropriated
funds over a two-year period.
(C)
The Commission may allocate equalization surcharge to an
emergency communication district (District) based on District requests and
availability of appropriated funds.
(D)
Equalization surcharge funds shall be allocated first to
eligible recipients requiring such funds for administrative budgetary purposes,
followed by Level I, II, and III activities in that order.
(E)
If sufficient equalization surcharge funds are not available
to fund all RPC strategic plan and District requests, funds shall be allocated
to provide a consistent level of 9-1-1 service throughout the State of Texas
in accordance with the priority levels described. Such allocation methods
may include, but are not limited to, one or more of the following:
(i)
In reverse order of priority, reducing the number of priority
level components supported with equalization surcharge funds;
(ii)
Requesting that regional strategic plans be adjusted to
allow for more implementation time as appropriate; and/or
(iii)
In order of priority, proportionally allocating available
funds among requesting agencies.
(F)
The Commission may elect to hold a balance of equalization
surcharge funds in reserve for emergencies and other contingencies.
(i)
Funding Parameters. The Commission will look favorably
on plan amendments for tandem and/or database service arrangements and ancillary
equipment that will improve the effectiveness and reliability of 9-1-1 call
delivery systems. This will include the following when the equipment is for
9-1-1 call delivery: surge protection devices, uninterrupted power source
(UPS), power backup, voice recorders, paging systems for 9-1-1 call delivery,
security devices, and other back-up communication services. Regions shall
refer to the strategic planning guidelines for instructions as to the appropriate
budget line item to which the costs for purchase and maintenance of these
items should be assigned.
(1)
Paging Systems. Funding for the paging systems may be approved
when such systems are the most effective means of 9-1-1 call delivery and
they do not replace other paging or radio alerting systems. Funding for paging
will be limited to systems, where alternative systems or the systems now in
use cause significant delay in 9-1-1 call delivery and where existing radio
systems can be modified to accommodate paging. Funding for pagers (receivers)
will be limited to three, providing pagers to only necessary core responders
within an organization (e.g., in a 15-member volunteer emergency medical group,
only the on-call ambulance driver and one or two attendants would be furnished
pagers).
(2)
Voice Recording Equipment. Voice loggers may be approved
when the primary use of the equipment is in support of the 9-1-1 call-taking
and call-delivery function. Extra capacity on such systems may be used for
other public safety functions (such as dispatch); however, 9-1-1 funding will
not be authorized for systems whose capacity clearly exceed actual or anticipated
9-1-1 requirements. Shared funding of larger systems to accommodate both a
9-1-1 PSAP and a PSAP operating agency's other needs will be considered on
a case-by-case basis. Other considerations include:
(A)
The Commission will normally fund voice recording capability
in a PSAP to record the conversation on each answering position used to answer
emergency calls on a regular basis. (This means one recording channel per
9-1-1 answering position instead of one channel per incoming line.)
(B)
The Commission will also fund recording capability to record
the transfer of an emergency call from the PSAP first answering the call to
the agency that is responsible for providing the required emergency services.
This recording capability will be limited to the minimum amount required to
record the transfer of the caller and relaying of information to the service
provider.
(C)
The Commission will fund the purchase of voice recorders
as justified, to record 9-1-1 call delivery. Call volumes requiring recording
in excess of 90 minutes per day will normally be required to justify larger
systems.
(D)
The funding of recording devices to transfer information
from another recorder will be approved only upon specific justification of
need.
(E)
Funding for search capability for recorders will be limited
to the ability to locate an event by date and time.
(F)
The Commission will not normally fund the purchase of both
voice logging recorders and instant playback recorders in the same location.
(G)
When the operator of a 9-1-1 PSAP and the providers of
emergency services desire to use the same recording equipment funded by regional
strategic plan, the following guidelines will apply to determine the amount
to be funded by the Commission:
(i)
When the minimum size of recorder that can be purchased
to serve the PSAP provides more channels than are needed by the PSAP to record
the delivery of 9-1-1 calls, the other agency may use the extra channels and
all funding will be provided by the Commission.
(ii)
When the PSAP requires a given size of recording equipment,
and the other agency requires additional channels, the Commission will fund
the size of recording equipment needed to record only the delivery of 9-1-1
calls, and the other agency will fund all additional equipment.
(iii)
When the recording requirements of the other agency requires
additional features or capabilities than would be required by the PSAP alone,
the Commission will fund the equivalent amount of the system needed to serve
the 9-1-1 functions of the PSAP alone. For instance, if the PSAP could use
a recording system to record the delivery of 9-1-1 calls, but another agency
needs to record a radio channel that requires the capacity of a larger recorder,
the Commission will fund the equivalent cost of the smaller system.
(H)
To assist the Commission in reviewing and approving requests
for funding for voice recording devices for 9-1-1 call delivery, requests
for funding should include a worksheet, provided by the Commission, for each
PSAP location.
(I)
In reviewing requests for recording systems, the Commission
will award funding, when justified, for the actual costs of basic recording
systems not to exceed $10,000 on 4-channel or equivalent systems, and not
to exceed $20,000 on up to 10-channel or equivalent recording systems. Requests
for any other recording systems will require separate approval by the Commission.
(J)
The Commission will consider funding of recording capabilities
greater than those suggested by the guidelines when sufficient justification
is provided as part of a regional strategic plan.
(j)
Emergency Power Equipment. Each PSAP location should be
evaluated by the RPC to determine if an emergency power system is required
to insure the ability to answer 9-1-1 calls in the event that the standard
power supply is interrupted. A PSAP that receives a relatively small number
of emergency calls per day may be able to provide acceptable service without
the availability of ANI or ALI for short periods of time. If the same PSAP
is located in a location that is subject to prolonged power outages, it may
need emergency power sources. Other considerations include:
(1)
Where conditions exist that indicate a need for emergency
power systems to support 9-1-1 call delivery, UPS should be considered as
the emergency power system. Emergency generators (power backup) should be
approved only in locations with a documented history of or potential for extended
interruptions of commercial power supplies. Generally, 9-1-1 funding will
not be used to provide both a generator and UPS. At least 75 percent of the
capacity of any UPS system or generator funded should directly support an
existing (or planned) 9-1-1 system.
(2)
Each request for UPS must include a worksheet showing the
calculations used to determine the system size and batteries required. This
worksheet must identify all equipment to be powered and the operating voltage
and current drain of each piece of equipment. The request for UPS must identify
the load capacity of the system requested and the length of time the batteries
will operate the PSAP 9-1-1 equipment. The request should also indicate whether
the 9-1-1 equipment has any built-in UPS capability.
(3)
The length of time that a UPS battery will be required
to provide emergency power is a major factor in determining the cost of the
UPS system. Each request for UPS must provide information justifying the size
of the batteries requested. Information concerning the history of power failures
at the PSAP location and the average time to restore power should be obtained
from the local power company.
(4)
If the history of power failures, or the expected restoration
time, is more than can be economically justified for UPS batteries, an emergency
generator can be considered. Any request for an emergency generator, in addition
to a UPS, shall include a comparison of the cost of a UPS with sufficient
batteries to the cost of the combination of the UPS and an emergency generator.
(5)
There may be circumstances that justify the installation
of an emergency generator (backup power), in addition to an UPS, as the primary
system for a PSAP location. In these cases, the request for the emergency
generator must include an explanation and comparison of the relevant costs.
(6)
When the operator of a 9-1-1 PSAP and the providers of
emergency services desire to share the emergency power system funded by the
Commission, the following guidelines will apply to determine the amount to
be funded by the Commission:
(A)
When the minimum size of emergency power system that can
be purchased to serve the PSAP provides more capacity than is needed by the
PSAP, the other agency may use the extra capacity and all funding will be
provided by the Commission.
(B)
When the PSAP requires a given size of emergency power
system, and the other agency requires additional capacity, the Commission
will fund the size of emergency power equipment needed to supply the PSAP
alone and the other agency will fund all additional capacity.
(7)
Funding may be approved for surge protection devices when
they are used for protection of 9-1-1 specific electronic equipment. Documented
justification must be provided.
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 24, 2005.
TRD-200500287
Paul Mallett
Executive Director
Commission on State Emergency Communications
Effective date: February 13, 2005
Proposal publication date: October 1, 2004
For further information, please call: (512) 305-6933
1 TAC §251.14
The Commission on State Emergency Communications (CSEC) adopts
new §251.14, concerning general provisions and definitions, without changes
to the proposed text as published in the October 1, 2004, issue of the
The new adopted section contains all definitions to words and terms used
in the other rules within Chapter 251. This consolidation of provisions and
definitions helps reduce unnecessary duplication and ensures consistency of
definitions.
No comments were received regarding adoption of the new section.
The new section is adopted under Health and Safety Code, Chapter
771, §§771.051, 771.055, 771.056, 771.057, 771.071, 771.072, 771.075,
and 771.0751, 771.079; 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, fund, and 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 24, 2005.
TRD-200500288
Paul Mallett
Executive Director
Commission on State Emergency Communications
Effective date: February 13, 2005
Proposal publication date: October 1, 2004
For further information, please call: (512) 305-6933
Chapter 34.
REGULATION OF LOBBYISTS
Chapter 50.
LEGISLATIVE SALARIES AND PER DIEM
Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS
Chapter 255.
FINANCE