Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS
Chapter 251.
REGIONAL PLANS--STANDARDS
1 TAC §251.3
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.3, concerning the use of revenue in certain counties.
The proposed amendments would shorten the rule, add additional clarity,
and remove requirement that the rule be reviewed biennially.
Paul Mallett, CSEC Executive Director, has determined that for each year
of the first five years that the rule is in effect there will be no fiscal
implications for state or local governments as a result of enforcing or administering
the rule.
Mr. Mallett has also determined that for each year of the first five years
the rule is in effect the public benefit expected as a result of enforcing
the rule will be an improved process for Regional Planning Commission's (RPCs)
to follow in requesting funding under Health and Safety Code §771.0751.
Mr. Mallett has also determined that there are no anticipated economic costs
to persons who are required to comply with the rule and there is no anticipated
local employment or local economy impact. Mr. Mallett has determined that,
although no historical data is available, there appears to be no direct effect
on small or micro-businesses.
Comments on the amendment 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 amendment is proposed under the Texas Health and Safety Code,
Chapter 771, §§771.051, 771.055, 771.075, and 771.0751 which authorizes
CSEC to plan, develop, fund, and provide provisions for the enhancement of
effective and efficient 9-1-1 service, including the use of fees and surcharges
in certain counties. The amendment is proposed in accordance with the process
for rulemaking as prescribed by Texas Government Code, Chapter 2001, Subchapter
B.
No other statutes, articles, or codes are affected by the proposed amendment.
§251.3.Use of Revenue in Certain Counties.
(a)
Purpose. The purpose of this rule is to
implement
[
[
(b)
[
(c)
[
(1)
A PSAP within a county participating in
a regional
strategic plan
[
(2)
A PSAP within
a
[
(d)
[
(e)
[
[
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 July 24, 2006.
TRD-200603866
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: September 3, 2006
For further information, please call: (512) 305-6930
establish the requirements for the submission and approval of
proposals for allocations of revenue under
] Section 771.0751 of the
Texas Health and Safety Code, which
authorizes the Commission to
[
provides for use of
] 9-1-1
fees and surcharges in certain counties,
in addition to other authorized or required uses, for any necessary 9-1-1
related costs
[
funds for services and/or equipment closely related
to the 9-1-1 system, but which have not historically been funded under Chapter
771 of the Texas Health and Safety Code
].
(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 911 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
771.0751 provides for use of revenue in certain counties for costs associated
with the design of a 9-1-1 system and/or the purchase and maintenance of equipment
and personnel necessary to establish and operate answering points and related
operations.
]
(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)
] Eligibility. The eligibility
for approval of funding under this rule is [
established
] as follows:
the Commission 9-1-1 program,
] with a population
of at least 700,000 [
or greater
] as reported by the Texas State
Data Center
;
[
and adopted per Commission Rule 252.6, Wireless
Service Fee Proportional Distribution,
] or
the
] county[
,
] participating in
a regional strategic plan
[
the Commission
9-1-1 program,
] that has the highest population within
the region
[
a RPC
] as reported by the Texas State Data Center [
and adopted per Commission Rule 252.6, Wireless Service Fee Proportional Distribution
].
(e)
] Requests. Requests for funding
under this rule shall be submitted by the RPC as part of the regional strategic
plan or proposed as an amendment to the regional plan, subject to the format
and documentation requirements and review and approval processes as described
in Commission Rule 251.1, Regional Strategic Plans for 9-1-1 Service, Commission
Rule 251.6, Guidelines for Strategic Plans, Amendments, and Revenue Allocation,
and other applicable Commission
rules
[
rule
] and
policies
[
policy
]. Requests should demonstrate that all basic
regional 9-1-1 needs are met and maintained prior to any additional costs
proposed under this rule.
(f)
] Approval. Approval of regional
plans or amendments requesting funds under this rule may only be approved
by vote of the Commission. Once approved, procurement, operation, and maintenance
of enhancements funded under this rule are subject to all applicable Commission
rules and policies.
(g)
Review. This rule shall be reviewed biennially
in order to incorporate any changes made necessary by Legislative appropriation
and/or change in applicable law.
]
Chapter 255.
FINANCE