TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.1

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.1, concerning regional plans for 9-1-1 service, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2138).

The amendment is adopted to simplify the language and make it more uniform and consistent.

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 provides updated language and removes the definitions from this section and places it within a new proposed rule that will contain all pertinent definitions in one location to help reduce unnecessary duplication and ensure consistency of definitions.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Health and Safety Code, Chapter 771, §§771.051, 771.055, 771.056, 771.057, 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, provide provisions and 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 April 12, 2004.

TRD-200402416

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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


1 TAC §251.9

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.9, concerning the use and distribution of 9-1-1 funds and other related funds for database maintenance, which provides for the operation of an E9-1-1 system and the delivery of a caller's location, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2146).

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 provides updated language and removes the definitions from this section and places it within a new proposed rule that will contain all pertinent definitions in one location to help reduce unnecessary duplication and ensure consistency of definitions.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Health and Safety Code, Chapter 771, §§771.051, 771.056 and 771.057; and Title 1, Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission with the authority to provide provisions for the effective and efficient 9-1-1 emergency services throughout a region.

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 April 12, 2004.

TRD-200402417

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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


1 TAC §251.11

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.11, concerning the establishment of a formal monitoring process to ensure compliance with applicable law, rules, polices and procedures, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2148).

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 provides updated language and removes the definitions from this section and places it within a new proposed rule that will contain all pertinent definitions in one location to help reduce unnecessary duplication and ensure consistency of definitions. Parts of this section may be incorporated into Program Policy Statements in the future that will allow for more detailed instructions and flexibility to meet program needs.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Health and Safety Code, Chapter 771, §§771.051, 771.055, 771.056, and 771.059; and the Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards.

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 April 12, 2004.

TRD-200402418

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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


1 TAC §251.12

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.12, concerning contracts for 9-1-1 services, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2151).

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 incorporates language from the General Appropriations Act for the FY 2004-2005 funding biennium. The proposed revision is in response to a finding of the CSEC internal audit on the agency's compliance with legislative and rider requirements. This will require an amendment to the current FY 2004-2005 contracts for 9-1-1 service between CSEC and each Regional Planning Commission. Per the Office of Attorney General, the Commission has the authority to proceed with the contract amendments prior to the end of the required posting period, since this revision is specifically required by the Legislature.

No comments were received regarding adoption of the amendment.

The amendment is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.071, 771.0711, 771.072, 771.073, 771.075, 771.078, 771.055, 771.056, and Title 1 Texas Administrative Code, Part 12, which authorizes the Commission to adopt policies and procedures prescribing the distribution and use of 9-1-1 funds for providing 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 April 12, 2004.

TRD-200402419

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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


1 TAC §251.13

The Commission on State Emergency Communications (CSEC) adopts an amendment to §251.13, concerning the use of the 9-1-1 database for emergency notification services, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2152).

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 provides updated language and removes the definitions from this section and places it within a new proposed rule that will contain all pertinent definitions in one location to help reduce unnecessary duplication and ensure consistency of definitions.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Health and Safety Code, Chapter 771, §§771.051, 777.051(a)(7), 771.055, 771.056, 771.057, and 771.075; and Title 1 Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission with the authority to plan, develop, 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 April 12, 2004.

TRD-200402420

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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


Chapter 255. FINANCE

1 TAC §255.5

The Commission on State Emergency Communications (CSEC) adopts an amendment to §255.5, concerning the optional use of an uncollectible factor in the remittance of 9-1-1 revenue, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2161).

The Commission adopts the rule with amendments to address statutory changes since the adoption of the rule. These statutory changes are the change from 2% to 1% in the administrative charge and the deletion of the word advisory from the name of the Commission. This action is adopted as part of Rule Review of Chapter 255, which is being published elsewhere in this issue of Texas Register , pursuant to Government Code, §2001.039. The rule continues to be essential to the CSEC's operations and per statutory authority.

No comments were received regarding adoption of the amendment.

The amendment is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.071, 771.072, and 771.073.

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 April 12, 2004.

TRD-200402423

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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


1 TAC §255.7

The Commission on State Emergency Communications (CSEC) adopts an amendment to §255.7, concerning the authority to cease billing customers, penalties for failure to remit the 9-1-1 fees, and quarterly remittance options for 9-1-1 fee remitters, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2162).

The Commission adopts the rule with amendments to address statutory changes since the adoption of the rule. These statutory changes are the enactment of §771.0711 and the deletion of parts included in the statute. This action is adopted as part of Rule Review of Chapter 255, which is being published elsewhere in this issue of Texas Register , pursuant to Government Code, §2001.039. The rule continues to be essential to the CSEC's operations and per statutory authority.

No comments were received regarding adoption of the amendment.

The amendment is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.071, 771.072, 771.073, 771.075, and 771.076.

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 April 12, 2004.

TRD-200402424

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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


1 TAC §255.8

The Commission on State Emergency Communications (CSEC) adopts an amendment to §255.8, concerning 9-1-1 District funding policy, without changes to the proposed text as published in the March 5, 2004, issue of the Texas Register (29 TexReg 2162).

This action is adopted as part of Rule Review of Chapter 255, which is being published elsewhere in this issue of Texas Register , pursuant to Government Code, §2001.039. The rule continues to be essential to the CSEC's operations and per statutory authority. The Commission adopts the rule with amendment to address statutory changes since the adoption of the rule. The reference to this rule is now Health and Safety Code, Chapter 771, §771.001(3).

No comments were received regarding adoption of the amendment.

The amendment is adopted pursuant to the Health and Safety Code, Chapter 771, §§771.001(3), 771.058, and 771.072.

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 April 12, 2004.

TRD-200402425

Paul Mallett

Executive Director

Commission on State Emergency Communications

Effective date: May 2, 2004

Proposal publication date: March 5, 2004

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