Part XII.
Advisory Commission on State Emergency Communications
Chapter 251.
Regional Plans-Standards
1 TAC §251.3
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.3, concerning guidelines for addressing
funds and reporting requirements that call for more timely, structured, and
quantitiative reports from the Councils of Governments to the ACSEC. The amendment
would specifically require the councils of governments to submit 9-1-1 program
and addressing performance reports at least quarterly to ACSEC.
The Advisory Commission on State Emergency Communications is contemporaneously
proposing the rule review of Chapter 251, concerning Regional Plans-Standards,
elsewhere in this issue of the
Texas Register
.
The rule review of Chapter 251 is in accordance with the Appropriations Act,
Article IX, Section 167.
James D. Goerke, 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. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be improved record keeping for accountability of 9-1-1 funds.
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 amendment must be submitted in writing within
30 days after publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission
on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin,
Texas 78701-3942.
The amendment is proposed pursuant to the Texas Health and Safety
Code, Chapter 771, §§771.051, 771.056, 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.
No other statutes articles or codes are affected by the proposed amendment.
§251.3.Guidelines for Addressing Funds.
(a)-(d)
(No change.)
(e)
Reporting. Addressing funds will be allocated to COGs and
emergency communication districts on a reimbursement basis. A performance
and financial report is to be submitted to the Commission
, at least
quarterly,
in accordance with established Commission policy. The performance
report shall include phases of addressing activities for progress
and
shall be submitted along with each financial report requesting addressing
funds.
[
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
March 22, 1999.
TRD-9901693
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: May 2, 1999
For further information, please call: (512) 305-6933
1 TAC §251.5
The Advisory Commission on State Emergency Communications
(ACSEC) proposes an amendment to §251.5, concerning the use of 9-1-1
funds for capital recovery and equipment maintenance by providing uniform
guidelines and expectations.
The Advisory Commission on State Emergency Communications is contemporaneously
proposing the rule review of Chapter 251, concerning Regional Plans-Standards,
elsewhere in this issue of the
Texas Register
.
The rule review of Chapter 251 is in accordance with the Appropriations Act,
Article IX, Section 167.
James D. Goerke, 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, however, it will serve to monitor financial resources ensuring fiscal
accountability related to capital assets.
Mr. Goerke also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be an improved mechanism for assuring equipment is well maintained
or replaced to provide maximum performance and that adequate resources are
available and accounted for. 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 amendment must be submitted in writing within
30 days after publication of the proposal in the
Texas Register
to: James D. Goerke, Executive Director, Advisory Commission
on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin,
Texas 78701-3942.
The amendment is proposed pursuant to the Health and Safety Code,
Chapter 771, §§771.051, 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.
No other statute, article or code is affected by the proposed amendment.
§251.5.Guidelines for [
(a)
As authorized by the Texas
Health and Safety Code, Chapter 771, the Advisory Commission on State Emergency
Communications (ACSEC) 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 §771.055 of the Texas
Health and Safety Code, such service implementation shall be consistent with
regional plans developed by regional planning commissions. Each regional planning
commission shall develop a plan for the establishment and operation of 9-1-1
service throughout the region that the regional planning commission serves.
The service must meet the standards established by the Advisory Commission.
(b)
[
(1)
9-1-1 Funds. Funds assessed and disbursed in accordance
with the Texas Health and Safety Code, Chapter 771.
[
9-1-1 Equipment. Capital
Equipment 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 call to an appropriate
emergency response agency.]
(2)
Addressing Activities.
The work associated with the rural addressing of a county as defined in ACSEC
§251.3 of this title (relating to Guidelines for Addressing Funds).
(3)
Capital Equipment. Items
and components that comprise the technology used to answer and deliver 9-1-1
calls whose cost is over $1,000 and have a useful life of at least one year.
[
Capital Reinvestment
Cost. The non-recurring cost of replacing 9-1-1 equipment amortized over a
selected period of time.]
(4)
Capital Replacement Cost.
The cost of a piece of equipment that was originally identified to be amortized
(i.e. the original cost for equipment.)
(5)
Controlled Equipment.
Items and components that comprise the technology used to answer and deliver
9-1-1 calls whose cost is less than $1,000 and have a useful life of at least
one year. Used at the discretion of the RPC for items that tracking is deemed
necessary.
(6)
[
(7)
Intangible Assets. Includes
items such as labor for PSAP room prep, electrical wiring costs, labor for
the assembly of equipment, or any costs for the delay or transfer of equipment.
(8)
[
(9)
[
(10)
Non-Recurring Charge.
The amount of cost usually identified as the entire cost for PSAP equipment
replacement. The charge may be inclusive of an out right purchase of equipment
or the primary cost for the implementation of leased equipment through a major
telephone provider.
(11)
Power Backup. Power provided
by a generator or UPS in the event regular utility services are interrupted.
(12)
Recorders. Devices that
capture and retain sound, including but not limited to the following:
(A)
Voice Loggers. A device that records sound on
a permanent source for later review.
(B)
Instant Recall Recorders. A device that records
and temporarily stores calls for immediate review.
(13)
[
[
Replacement. The timely
replacement of old 9-1-1 equipment for new 9-1-1 equipment in order to insure
the appropriate and acceptable continued operation of 9-1-1 service.]
[
Replacement Plan. A plan
that identified a cost effective program for the replacement of 9-1-1 equipment.
For regional planning commissions, this plan is part of a regional plan as
described by the Texas Health and Safety Code, Chapter 771.]
(14)
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 plan levels of 9-1-1 service
within a defined area of the state. The strategic plan normally covers at
least a three year planning period, and specifically projects 9-1-1 implementation
costs and revenues associated with the above including equalization surcharge
requirements.
(15)
Tangible Assets. Only
those items that are tangible may be considered for capital recovery costs.
Tangible assets items include any "Back room" capital equipment such as the
ANI/ALI Controllers, answering position units, integrated workstations, or
any other technical piece of equipment.
(16)
Uninterrupted Power Source.
Equipment that is designed to provide a constant power source for electronic
systems. Capable of operating independently, for a designated period of time,
should public or emergency power sources fail.
(17)
[
[
Policy and procedures. As
authorized by the Texas Health and Safety Code, Chapter 771, the Advisory
Commission on State Emergency Communications (ACSEC) 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. It is the policy of the ACSEC
that this equipment be well maintained and provide the maximum performance
possible within the environment in which it operates.]
(c)
Maintenance.
(1)
Regional planning commissions funding the purchase and/or
lease of 9-1-1 equipment shall develop and adopt maintenance plans covering
the equipment involved as part of the regional plan.
(2)
Emergency communication districts requesting 9-1-1
funds in accordance with established rules and procedures for the maintenance
of 9-1-1 equipment shall provide a maintenance plan for the equipment involved.
(3)
Maintenance plans shall be provided to the ACSEC in
conjunction with equipment plan amendments or district requests submitted
to the commission following the adoption of this rule in accordance with established
commission policy. For equipment purchased and/or leased prior to the adoption
of this rule, maintenance plans for regional planning commissions shall be
submitted to the ACSEC for consideration no later than the beginning of the
next budget cycle from the date of adoption of this rule.
(4)
Annual budgeted costs associated with the maintenance
of 9-1-1 equipment shall be monitored by the ACSEC staff for consistency with
approved maintenance plans. Such costs that are determined by the ACSEC staff
to not be consistent with approved maintenance plans shall be reviewed and
approved by the commission.
[
Replacement]
[
Regional planning commissions funding the purchase
and/or lease of 9-1-1 equipment shall develop and adopt replacement plans
designed to insure the availability of adequate financial and other resources
required to timely replace equipment that has reached the end of its useful
life.]
[
The initial useful life of 9-1-1 equipment
acquired prior to the adoption of this rule shall be the remaining life of
the equipment involved, calculated from the date of the adoption of this rule.]
[
Emergency communication districts requesting
9-1-1 funds in accordance with established rules and procedures for the replacement
of 9-1-1 equipment shall provide a replacement plan for the equipment involved.]
[
Annual capital reinvestment costs associated
with the replacement of 9-1-1 equipment shall be monitored by the ACSEC staff
for consistency with approved replacement plans. Such costs that are determined
by the ACSEC staff to not be consistent with approved replacement plans, shall
be reviewed and approved by the Commission.]
(d)
Requirements for Capital Recovery
Tracking. A Capital Asset Recovery Schedule that lists 9-1-1 related equipment
by recoverable item shall be included in each regional planning commission's
strategic plan. Strategic plans are required under the Health and Safety Code,
Chapter 771 and §251.6 of this title (relating to Guidelines for Strategic
Plans, Amendments, and Equalization Surcharge Allocation). A Capital Asset
Recovery Schedule shall be maintained by the regional council in a spreadsheet
or database that includes the following information for each item listed.
(1)
Date Acquired
(2)
Description
(3)
Identifying Number (Serial, Asset Tag,
etc.)
(4)
Original Recovery Value
(5)
Life Assigned (In Years)
(6)
Annual Recovery Amount by Year (The total
for all items recovered should be equal to the annual amount that is identified
in the strategic plan for all components for one given year. The total amount
should also correspond to the budget amount identified in the quarterly FSR).
(7)
Responsible Agency (Person in Possession)
(8)
Estimated Replacement Date
(9)
Addressing Program Asset? (Y/N)
(e)
Requirements for Capital Recovery
Fund Contributions. Contributions shall be made to the fund at least once
a quarter until the full fiscal year contribution budget has been reached.
The total deposit to the capital recovery account for a given year shall not
exceed the total amount identified in the strategic plan for that same year
for all levels. Should funding not be available to fully fund capital recovery
in all counties, funds shall be distributed equitably among all counties.
(f)
Requirements for Capital Recovery
Fund Expenditures. Expenditures from the capital recovery schedule shall be
reported on the following Financial Status Report submitted to the ACSEC as
required by §251.6 of this title (relating to Guidelines for Strategic
Plans, Amendments, and Equalization Surcharge Allocation).
(1)
The RPC shall submit with the FSR a "Capital
Recovery Asset Disposal Notice" (as promulgated by the ACSEC) for each item
that is replaced using Capital Recovery Funds as follows:
Figure: 1 TAC §251.5(f)(1)
(2)
Should additional funds be needed, the
balance of funds needed for costs above original equipment costs must be identified
in the strategic plan in the corresponding county narrative and submitted
to ACSEC through an amendment.
(3)
Capital recovery funds set aside for replacement
of an asset and not expended when purchasing a replacement asset shall be
returned to the capital recover fund for future use.
(g)
Addressing Capital Recovery.
Costs for the replacement of addressing equipment purchased with 9-1-1 funds
shall be reflected within the regional planning council strategic plan. Computers,
printers, plotters, distance measuring devices (DMD), global positioning satellite
(GPS) equipment and sign-making machines that meet the definition of Capital
Equipment, shall be included in the schedule.
(h)
Emergency Communication Districts.
Those districts requesting 9-1-1 funds in accordance with established rules
and procedures for the replacement of 9-1-1 equipment shall provide a replacement
plan for the equipment involved.
(i)
Annual Certification. Regional planning
commissions shall submit a "Annual Certification of 9-1-1 Assets" (as promulgated
by the ACSEC) to the ACSEC at least once each fiscal year as follows.
Figure: 1 TAC §251.5(i)
(j)
Other Accounting Issues.
(1)
The management and disposition of equipment
shall follow the Uniform Grant Management Standards (Governor's Office of
Budget and Planning, January 1998; phone number (512) 463-1778). Funds acquired
from the disposal of assets shall be returned to the 9-1-1 capital recovery
fund.
(2)
The Texas State Property Accounting Policies
and Procedures Manual (Comptroller of Public Accounts, May 1997; phone number
(512)305-9954) shall be referenced for guidance when questions arise to particular
questions not covered in this rule.
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
March 22, 1999.
TRD-9901694
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: May 2, 1999
For further information, please call: (512) 305-6933
and reimbursement reporting purposes.
] Where a COG
or an emergency communication district is the primary contractor but a county
is providing services under this program, said reports shall be provided to
the Commission prior to COG or emergency communications district reimbursement
of related county expenses. Counties, emergency communications districts,
and COGs are required to follow local government statutes as they apply to
competitive proposals for purchases of services and equipment.
the Maintenance and Replacement of ] 9-1-1 Equipment Maintenance and Capital Asset Recovery .
(a)
] Definitions. The following
words and terms, when used in this section shall have the following meanings,
unless the context clearly indicates otherwise.
(2)
(3)
(4)
] Emergency Communications
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, or D.
(5)
] Maintenance. The preservation
and upkeep of 9-1-1 equipment in order to insure that it continues to operate
and perform at a level comparable to that exhibited at its initial acquisition.
(6)
] Maintenance Plan. A plan
that identifies a cost effective program for the maintenance of 9-1-1 equipment.
For regional planning commissions this plan is part of a regional plan as
described by the Texas Health and Safety Code, Chapter 771.
(7)
] Regional Planning
Commission. A commission established under Local Government Code, Chapter
391, also referred to as a regional council of governments (COG).
(8)
(9)
(10)
] Useful Life. The period
of time that a piece of capital equipment can consistently and acceptably
fulfill its' service or functional assignment.
(b)
(d)
(1)
(2)
(3)
(4)