Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS
Chapter 251.
REGIONAL PLANS--STANDARDS
1 TAC §251.3
The Commission on State Emergency Communications (CSEC) adopts
new §251.3, concerning use of revenue in certain counties, with changes
to the proposed text as published in the November 14, 2003, issue of the
The changes made to incorporate comments received are not considered to
be substantive by the Office of the Attorney General.
The 78th Legislature passed House Bills (HB) 1771 and HB 3491. Both of
these bills amend the CSEC's enabling legislation, Health and Safety Code,
Chapter 771, by adding section 771.0751 - Use of Revenue in Certain Counties.
The bills have exactly the same language, with the exception of the references
to the qualifying counties. HB 1771 qualifies counties with a population of
over 700,000, and HB 3491 qualifies the county with the highest population
within a regional planning commission (RPC). The intent of the legislation
is to allow for funding of items and activities that have not previously been
funded by 9-1-1.
Comments to Proposed Rule 251.3 were received from Travis County and City
of Austin jointly, and from the Texas Association of Regional Councils (TARC)
9-1-1 Coordinators' Subcommittee. Certain of these comments would be beneficial
to the rule and have been incorporated into the proposed rule. Other comments
provide valuable input and can best be addressed through the creation of a
9-1-1 Program Policy Statement (PPS) to allow for sufficient detail and flexibility
for future revisions. A summary of comments and their inclusion follows.
Definitions for this and all other rules in the 251 series are being combined
into a single rule for all definitions within the series. The purpose is to
simplify individual rules, reduce unnecessary duplication, and ensure consistency
of definitions. Comments received on the definitions of proposed Rule 251.3
will be incorporated into the proposed Rule 251.14, General Provisions and
Definitions.
The definition of "Enhancements" has been revised to include the word "infrastructure"
to reflect the definition of "9-1-1 System". However, "personnel" has not
been included in the definition of a 9-1-1 System because the definition only
refers to the hardware and software required to deliver the call to an answering
point.
The definition of "Approval" has been revised to incorporate language specific
to legislation and the population threshold of "at least" 700,000.
Eligibility requirements have been modified to include that a request come
from a PSAP within the largest county, and to add an "or" for clarification.
However, to differentiate between types of PSAPs for requests for use of revenue
under this rule would not be in keeping with the intent of the legislation,
which is to allow use of 9-1-1 revenue for non-traditional activities, including
the establishment of other related answering points and operation. A PPS will
be developed to assist the regional planning councils with these requests.
Eligibility will be strictly determined by the rule. The largest county
within a region participating within the CSEC program will be eligible. Although
it is administered by Greater Harris County, Ft. Bend County has the largest
population in the Houston-Galveston region, is a participant within the CSEC
program and receives funding from the CSEC. Ft. Bend County would be eligible
to request funds under this rule.
Applicable rules will apply to activities approved under this rule, i.e.
procurement, monitoring, integrated services, etc. There are no rules or policies
for the potential activities under the new rule; the Commission will make
approval on a case-by-case basis per the proposed rule.
Approved requests for use of revenue in certain counties for the FY 2004-2005
biennium will be accommodated within the existing strategic plan structure
in Level III - Other. Beginning with the FY 2006-2007 strategic plan submissions,
a new Level IV will be added to the structure to incorporate requests for
use of revenue under this rule. How this line item will be handled in the
Legislative Appropriations Request (LAR) has yet to be determined and will
depend upon instruction and direction given by the Legislative Budget Board
(LBB) and the Governor's Office.
The new section is adopted under Health and Safety Code, Chapter
771, §§771.051, 771.055, 771.056, 771.057, 771.071, 771.072, 771.075,
and 771.0751, 771.079; and Title 1 Texas Administrative Code, Part XII, 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.
§251.3.Use of Revenue in Certain Counties.
(a)
Purpose. The purpose of this rule is to 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 provides for use
of 9-1-1 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 9-1-1 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:
(1)
A PSAP within a county participating in 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
(2)
A PSAP within the county, participating in the Commission
9-1-1 program, that has the highest population within 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 rule and 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.
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 February 9, 2004.
TRD-200400803
Paul Mallett
Executive Director
Commission on State Emergency Communications
Effective date: February 29, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 305-6933
The Commission on State Emergency Communications adopts the repeal
of and new §251.4, concerning guidelines for accessibility equipment,
without changes to the proposed text as published in the October 3, 2003,
issue of the
Texas Register
(28 TexReg 8474).
The proposed section updates language, terms and reference; testing requirements
to include integrated TDD equipment; additional of training requirements;
and references to other relevant CSEC rules. The section provides consistency
with the changes in Commission policy. This section was a part of the agency's
rule review of Chapter 251.
There were no comments received regarding adoption of the repeal and new
section.
Chapter 251.
REGIONAL PLANS--STANDARDS