TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.9

The Commission on State Emergency Communications adopts the amendment to §251.9, Guidelines for Addressing Maintenance Funds (now titled Guidelines for 9-1-1 Data Maintenance) concerning the use and distribution of 9-1-1 funds and other related funds, with changes to the proposed text as published in the February 1, 2002, issue of the Texas Register (27 TexReg 669).

The section changes references to addressing maintenance to 9-1-1 data maintenance to reflect a move to a more comprehensive approach to maintaining the local information for enhanced level of 9-1-1 service.

Comments received were from the Capital Area Planning Council (CAPCO). CAPCO submitted comments in favor of all the proposed changes with the exception of the following:

Number of new streets verified against and added to the MSAG and/or map--paragraph (2)(C)(iii)--CAPCO disagrees with this proposed change in reporting requirements because it appears to be repetitive of other required regarding number of new subdivisions addressed and total number of lots in subdivisions.

CSEC concurs and has made modifications to the proposed rule. This section has been removed from the proposed rule.

Number of MSAG changes/inserts/deletes--paragraph (2)(C)(iv)--CAPCO disagrees with this proposed change in reporting requirements due to the fact that data is already reported to CSEC by the statewide database provider. CAPCO's point is that this would create duplicative work for the regional planning councils (RPCs).

CSEC concurs and has made modifications to the proposed rule. A separate section has been added to the rule to reflect the data that will be collected by CSEC from the statewide database provider.

Number of errors submitted for correction--paragraph (2)(C)(vii)--CAPCO disagrees with this proposed change in reporting requirements for the same reasons previously stated.

CSEC concurs and has made modifications to the proposed rule. A separate section has been added to the rule to reflect the data that will be collected by CSEC from the statewide database provider.

Budget Components Travel--paragraph (4)(B)--CAPCO disagrees with the proposed language regarding the disallowance of out-of-state travel. CAPCO's comments indicate that personnel charged with the responsibility of maintaining the 9-1-1 databases must be able to obtain up-to-date training regarding methods and procedures as well as explore new technology; for some councils that are located on the peripheral portions of the state may find training cheaper and closer in neighboring states.

CSEC staff requested the Commission to make the final determination regarding this proposed change to the current rule. Commissioners voted to eliminate the language that prohibited out-of-state travel for training and conferences for county personnel.

Additionally, staff made one correction of a typographical error to paragraph (1)(D), and has added language to clarify reporting elements in paragraph (2)(C)(i) and (ii). The changes were discussed with the TARC 9-1-1 Coordinator's representative and were found to be acceptable.

The amendment also provides for a change that is reflective of CSEC's internal auditor recommendation to require certification of executed interlocal agreements rather than actual agreements in order to be consistent with other rules.

Comment was received from the Texas Association of Regional Councils' 9-1-1 Coordinators Association regarding the proposed amendment. The group accepts all of the proposed changes, with the exception of the 1/2 FTE cap. It continues to be the position of the regional 9-1-1 coordinators that the 1/2 FTE is too restrictive and should be eliminated from the rule. The group states that the rule places no other restrictions, other than a cost share of street sign replacement, on eligible components. The group would like for the local governments to be able to decide how to expend the allocated 9-1-1 data maintenance funds. The CSEC does not agree with their recommendation to eliminate the FTE cap because of the shared nature of addressing activities, costs and benefits. There is benefit to other county and local programs. CSEC has historically preferred to cost share the FTE portion of addressing projects, and has traditionally funded up to 50% of county personnel for these projects. The expectation is that local government has a responsibility in funding the other 50 percent that directly benefits other county programs.

The amendment is adopted under the authority of the Texas Health and Safety Code, Chapter 771, §§771.051, 771.056 and 771.057, which provide the Commission on State Emergency Communications the authority to develop and amend a regional plan that meets standards set for the operation of prompt and efficient 9-1-1 services throughout a region. 9-1-1 data maintenance is a more comprehensive approach to maintaining the location information that is so crucial to providing an enhanced level of 9-1-1 service.

§251.9.Guidelines for Database Maintenance Funds.

The Commission on State Emergency Communications (Commission) has adopted a policy regarding database 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 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 has developed a comprehensive MSAG, assigned street addresses and notified the residents of their 9-1-1 address, provided the MSAG and new or changed address information associated with the particular telephone numbers to the applicable telephone companies, submitted corrected address errors to the telco, and established a maintenance methodology.

(D) 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 to emergency service provider boundaries, as well as other associated data.

(E) 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.

(F) 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.

(G) 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.

(H) Master Street Addressing Guide (MSAG)--A database maintained by the local government agencies or regional planning commissions which lists all street segments and their associated address information for the purpose of validating and updating telephone number records. An MSAG record consists of: street directional (when applicable); street name; house number low and high ranges; whether the range is odd ranges (O) even (E) or contains both odd and even ranges (B); the associated community name; state; Emergency Service Number (ESN); and telephone exchange. MSAG records will meet NENA standards or a statewide standard as determined by the Commission.

(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 this section 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 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 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 database 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. As a standard minimum, the RPC will report, by county, the following database maintenance activity to CSEC on the regularly scheduled performance reports submitted at least quarterly:

(i) number of new subdivisions or replats addressed;

(ii) total number of new lots created and addressed in these subdivisions;

(iii) number of new datapoints added to computer map;

(iv) number of street signs replaced;

(v) Number of MSAG ranges in database.

(D) The following information will be incorporated into the regional report by CSEC as reported by the state-contracted database provider.

(i) number of MSAG changes/inserts/deletes;

(ii) percent of total errors compared to valid telephone numbers;

(iii) number of cleared errors as compared to new errors; and

(iv) percentage of total errors that have been pending at the RPC, the telephone company(ies), and the database service provider for more than 60 days.

(E) Budgets shall be developed by the local governments each fiscal year, identifying all projected database maintenance expenditures. These budgets will be reviewed during the strategic plan review process.

(F) Database maintenance funds will be allocated based on need as justified by the local government and approved by the Commission.

(G) Budgeted costs associated with Database Maintenance shall be monitored by the Commission staff for consistency with approved strategic plans.

(3) Requesting Database Maintenance Funds.

(A) A request from a regional planning council or 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 database maintenance plan identifying all activities and responsible parties involved; and

(iii) An approved budget outlining database 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 an database maintenance budget to the Commission for approval. Database maintenance budgets are limited to allocated Strategic Plan Addressing Maintenance budget amounts and may only include the following cost components. Fund distribution among these components is at the discretion of the regional planning council to best fit the needs of the region.

(A) Personnel. For each staff position, the following must be provided:

(i) Position title;

(ii) Duties related to database maintenance;

(iii) Total salary for the budget period;

(iv) Chargeable salary (total salary less release time);

(v) Percentage of time to be charged to database maintenance; and

(vi) Total salary chargeable to database 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 database maintenance times the rental rate to be charged during the budget period.

(E) Maintenance and Repairs. Total maintenance costs for database 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 database maintenance functions expected during the budget period.

(J) 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.

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 March 18, 2002.

TRD-200201668

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: April 7, 2002

Proposal publication date: February 1, 2002

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