1 TAC §251.9
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.9, concerning the use and distribution of 9-1-1
funds for addressing maintenance by local governments. The amendments are
proposed in order to more efficiently accommodate a broad range of local needs
and requests for maintaining the addressing location information, recognizing
that it forms the foundation of enhanced 9-1-1 databases which are crucial
to delivering effective and efficient responses to emergency calls.
Section 251.9, Guidelines for Addressing Maintenance Funds, defines the
9-1-1 addressing data maintenance project and delineates funding parameters
in support of the local governmental entities that perform this important
function. This rule was designed to provide for continued maintenance of the
initial 9-1-1 data developed in the rural addressing program as defined in §251.3,
Guidelines for Addressing Funds. As the program has progressed and a statewide
database has been implemented, the CSEC recognizes that modifications may
be needed in order to transition this rule into the next phase of 9-1-1 data
maintenance. In taking this step, CSEC staff has worked with the Texas Association
of Regional Councils (TARC) Regional 9-1-1 Coordinators subcommittee to attempt
to modify the language and specific funding parameters of the rule.
The rule was previously posted for comment in October, 2000, with CSEC
staff and TARC 9-1-1 coordinators working together to identify language and
funding parameters that would accommodate a broad range of local needs. CSEC
staff made recommendations to the TARC group that would have provided for
broader funding parameters while redistributing maintenance funding based
upon county population and growth, as opposed to requests. The TARC Regional
9-1-1 Coordinators subcommittee reviewed and considered the staff recommendation,
but were unable to come to a consensus on acceptance or an alternative set
of funding parameters. At the December, 2000 Commission meeting, the Commission
voted to table the proposed rule as posted to provide additional time for
TARC to consider the rule.
Since the December Commission meeting, staff has had discussions with TARC
representatives and has determined that a new approach to §251.9 may
be in order. CSEC proposes that all references to "addressing maintenance"
be changed to "9-1-1 data maintenance" to reflect a move in a new direction
to a more comprehensive approach to maintaining the location information that
is so crucial to providing and enhanced level of 9-1-1 service. The amendment
also changes the title of the rule to Guidelines for 9-1-1 Data Maintenance.
Carey F. Spence, interim executive director, has determined that for the
first five-year period the section is in effect there may be limited fiscal
implications for state or local government as a result of enforcing or administering
the section.
Ms. Spence also has determined that for each year of the first five years
the section is to be in effect, the public benefit anticipated as a result
of enforcing the section will be better utilization of funds for local addressing
maintenance needs. The maintenance of maps and records associated with an
addressing system enable efficient operation of an E9-1-1 system and the delivery
of a caller's location. There will be no effect on small businesses. There
are 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 §251.9 must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to Carey F. Spence, Interim Executive Director, Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
Section 251.9 is proposed under Health and Safety Code, Chapter
771, Sections 771.051, 771.055, 771.056, and 771.057; and the Texas Administrative
Code, Part XII, Chapter 251, Regional Plan Standards, which provides the Commission
on State Emergency Communications with the authority to develop and amend
a regional plan that meets standards set for the operation of prompt and efficient
9-1-1 service throughout a region.
No other statutes, articles, or codes are affected by the proposed amendment.
§251.9.Guidelines for 9-1-1 Data [ Addressing ] Maintenance [ Funds ].
The [
Advisory
] Commission on State Emergency Communications
(Commission) has adopted a policy regarding
9-1-1 data
[
rural
addressing
] maintenance and the use of state funds. These guidelines
address the use and distribution of 9-1-1 Funds and other related funds. The
maintenance of
9-1-1 data
[
street addresses
] is essential
to E9-1-1 systems utilizing the Automatic Location Identification (ALI) feature,
which displays the locations of 9-1-1 callers.
(1)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(A)
9-1-1 Database Record - A physical record, which includes
the telephone subscriber information to include the caller's telephone number,
related locational information, and class of service, and also conforms to
NENA adopted database standards.
(B)
9-1-1 Funds - Funds assessed and disbursed in accordance
with the Texas Health and Safety Code, Chapter 771.
(C)
Addressing Completion - A county addressing project, based
upon the inventory, has corrected address errors, assigned street addresses,
provided all new or changed addresses to telephone companies, and established
a maintenance method.
(D)
Capital Replacement Cost - The non-recurring cost of replacing
equipment purchased with 9-1-1 funds amortized over a selected period of time.
(E)
Digital Map - A computer generated and stored data set
based on a coordinate system, which includes geographical and attribute information
pertaining to a defined location. A digital map includes street name and locational
information; data sets related emergency service provider boundaries as well
as other associated data.
(F)
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, D, or E.
(G)
Graphical Display of Location Information - The ability
to display a map on a telecommunicator's terminal in response to a 9-1-1 call
or inquiry that relates to the caller's location. Features may include the
display of an address or geographic based coordinate locations and the ability
to zoom, pan, and show other related geographical information or features.
(H)
Geographic Information System (GIS) - A system necessary
to map emergency service number (ESN) boundaries and reflect annexations and
other feature changes; to list emergency service provider translations for
ESNs; to provide and maintain master street address guide (MSAG) format; to
validate and resolve database discrepancies; to project new addresses and
block ranges as an initial assignment or correction; for ongoing issuance
of new addresses; and for locator maps for emergency services providers.
(I)
Regional Planning Council (RPC) - A commission established
under Local Government Code, Chapter 391, also referred to as a regional council
of governments (COG).
(J)
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 planned levels of 9-1-1 service within a defined area
of the state. The strategic plan shall cover a two year planning period and
specifically projects 9-1-1 costs and revenues associated with the above including
equalization surcharge requirements.
(i)
Strategic Plan Component - Within a 9-1-1 implementation
priority level, a category of 9-1-1 activity and/or equipment generally associated
with 9-1-1 implementation cost.
(ii)
Strategic Plan Level - A Commission established statewide
implementation priority generally associated with a level of 9-1-1 service
- e.g., Automatic Number Identification (ANI).
(K)
Unaddressed County - A county in Texas, which has not completely
assigned new addresses and provided all new or changed addresses to telephone
companies under a county addressing process.
(2)
Policy and Procedures. As authorized by the Texas Health
and Safety Code, Chapter 771, the 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. 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. In addition, the Commission has
funded addressing projects throughout the state to allow for the implementation
of Automatic Location Identification (ALI) level of service. In the funding
of such projects, it has been the policy of the Commission to fund geographic
information systems and the development of digital maps to support such activities.
The Commission recognizes that the maintenance of
9-1-1 data
[
addressing
] systems is essential to the proper operation of an E9-1-1
system and the delivery of a caller's location. If not properly maintained,
the maps and records associated with
a 9-1-1 data
[
an addressing
] system will soon become unreliable and problematic.
(A)
A regional planning council or emergency communication
district applying on behalf of a county which is operating 9-1-1 service and
has completed a county addressing project is considered eligible.
(B)
Interlocal agreements shall be executed between the regional
planning council and the county. The agreement shall identify the responsibilities
of all parties and provide for the reporting of performance measures.
(C)
A 9-1-1 data
[
An addressing
] maintenance
plan shall be submitted by the regional planning council in conjunction with
the approved strategic plan. The maintenance plan shall provide an overview
of all projected activities, identify all parties involved and their associated
responsibilities.
(D)
Budgets shall be developed by the local governments each
fiscal year, identifying all projected
9-1-1 data
[
addressing
] maintenance expenditures. These budgets will be reviewed during the
strategic plan review process. Activities performed by the regional planning
council shall be identified within its administrative budget.
(E)
9-1-1 data
[
Addressing
] maintenance
funds will be allocated based on need as justified by the local government
and approved by the Commission. If equalization surcharge funds are required
for
9-1-1 data
[
addressing
] maintenance, they 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.
(F)
Budgeted costs associated with
9-1-1 Data
[
Addressing
] Maintenance shall be monitored by the Commission staff for
consistency with approved strategic plans.
(3)
Requesting
9-1-1 Data
[
Addressing
]
Maintenance Funds. A strategic plan amendment from a regional planning council
or a request from an emergency communication district is required as a means
of requesting funds under this program.
(A)
A strategic plan amendment from a regional planning council
or a request from an emergency communication district must contain the following:
(i)
Certification of
a fully executed interlocal
agreement between the regional planning council and the county;
(ii)
A 9-1-1 data
[
An addressing
] maintenance
plan identifying all activities and responsible parties involved; and
(iii)
An approved budget outlining
9-1-1 data
[
addressing
] maintenance components and projected expenditures.
(B)
Funds requested by a regional planning council or an emergency
communication district shall be reflected as an expenditure on the Commission
Financial Status Report.
(4)
Budget Components. A regional planning council or an emergency
communication district must submit
a 9-1-1 data
[
an addressing
] maintenance budget to the Commission for approval.
9-1-1 data
[
Addressing
] maintenance budgets may include the following
cost components listed in subparagraphs (A)-(K) of this paragraph:
(A)
Personnel. Unless otherwise justified, 0.5 FTE will be
the maximum allowable for each county. For each staff position, the following
must be provided:
(i)
Position title;
(ii)
Duties related to
9-1-1 data
[
addressing
] maintenance;
(iii)
Total salary for the budget period;
(iv)
Chargeable salary (total salary less release time);
(v)
Percentage of time to be charged to
9-1-1 data
[
addressing
] maintenance; and
(vi)
Total salary chargeable to
9-1-1 data
[
addressing
] maintenance.
(B)
Travel. Total local travel estimated for the budget period
multiplied by the current reimbursement rate for use of personally owned vehicles
as defined by the State of Texas. List the cost rate for county owned vehicles.
(C)
Supplies. Total costs associated with consumable office
supplies to be purchased during the budget period. Also, total costs associated
with the reproduction of maps for use by local emergency service agencies
may be reflected as part of this item.
(D)
Rent. Total square feet of space devoted to
9-1-1
data
[
addressing
] maintenance times the rental rate to be
charged during the budget period.
(E)
Maintenance and Repairs. Total maintenance costs for
9-1-1 data
[
addressing
] maintenance equipment during the
budget period. Computers, printers, plotters, distance measuring devices (DMD),
global positioning satellite (GPS) equipment and sign-making machines may
be included.
(F)
Communications. Total costs for communications including
telephone, fax, courier, etc., during the budget period.
(G)
Postage and Mailing. Total costs for postage and mailing
services expected during the budget period.
(H)
Utilities. Total costs for utilities such as electricity,
gas, water, etc., expected during the budget period.
(I)
Training. Total costs for training associated with
9-1-1 data
[
addressing
] maintenance functions expected during
the budget period.
(J)
Other. Total costs for other items not identified in subparagraphs
(A)-(I) of this paragraph.
(K)
Street Sign Replacement. Cost share of the replacement
of existing street signs located in the unincorporated areas of the county.
This item shall not include the purchase of new signs in the county subsequent
to the completion of rural addressing.
(5)
Capital Replacement. Costs for the replacement of equipment
purchased with 9-1-1 funds shall be reflected within the regional planning
council strategic plan Capital Recovery (Addressing) component. Computers,
printers, plotters, distance measuring devices (DMD), global positioning satellite
(GPS) equipment and sign-making machines may be included. A capital replacement
schedule will be submitted to the Commission by the regional planning council.
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 April 23, 2001.
TRD-200102324
Carey F. Spence
Interim Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 305-6933