Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
Subchapter H. CRIME STOPPERS PROGRAM CERTIFICATION
1.
CRIME STOPPERS PROGRAM CERTIFICATION
1 TAC §§3.9000, 3.9005, 3.9010, 3.9013
The Crime Stoppers Advisory Council ("Council") proposes
the amendment of Subchapter H §§3.9000, 3.9005, and 3.9010.
The Council proposes the addition of Subchapter H §3.9013.
The proposed amendment to §3.9000: (1) clarifies that the requirements
applicable to Annual Probation Fee and Repayment Reports are found in §3.9010;
and (2) requires a crime stoppers organization that is currently certified
or whose certification expired within the last 3 years to provide the Council
any Quarterly Statistical Reports that have not been submitted to the Council
in order for the Council to evaluate the general conduct of the organization
when deciding whether to certify the organization.
The proposed amendment to §3.9005 clarifies that: (1) §3.9000(b),
which is referenced in this section, is contained in Chapter 3 of the Texas
Administrative Code; and (2) a crime stoppers organization may be decertified
for violating state law, federal law, or the administrative rules established
by the Council found in Subchapter H.
The proposed amendment to §3.9010: (1) removes the word "postmarked"
because the Annual Probation Fee and Repayment Report may be submitted to
the director of the Council not only by mail, but also by fax, by hand-delivery,
or by electronic mail; and (2) adds the word "calendar" to clarify that the
report must be submitted each calendar year.
The proposed addition of §3.9013 conforms the administrative rules
to current practice by setting forth the requirement that certified crime
stoppers organizations must submit Quarterly Statistical Reports to the director
of the Council on specified dates each calendar year. This requirement allows
the Council to evaluate the general conduct of the organization as part of
the Council's continuing duty to review or audit the organization's finances
or programs.
Kim Garrett, Budget Manager for the Criminal Justice Division of the Office
of the Governor, has determined that for the first five-year period the sections
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.
Ms. Garrett has also determined that for the first five-year period that
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be more efficient processes and procedures and the current
rules will be more easily understood. There will be no anticipated economic
cost to persons or businesses for complying with the proposed rules.
Comments on the proposed amendments may be submitted to Heather Morgan,
Office of the Governor, Criminal Justice Division, at hmorgan@governor.state.tx.us;
P. O. Box 12428, Austin, Texas 78711; or (512) 463-1919. Comments must be
received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
The amendment of §§3.9000, 3.9005, and 3.9010, and
the addition of §3.9013, are proposed under the Texas Government Code,
Title 4, §414.006, which provides the Council the authority to adopt
rules to carry out its functions.
The amendment of §§3.9000, 3.9005, and 3.9010, and the addition
of §3.9013, implement the Texas Government Code, Title 4, §414.011,
which requires the Council to certify qualified crime stoppers organizations
to receive payments and reward repayments, review or audit the finances or
programs of certified crime stoppers organizations, and decertify crime stoppers
organizations if it determines that the organizations no longer meet the certification
requirements.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.9000.Certification.
(a)
The Crime Stoppers Advisory Council shall, on application
by a crime stoppers organization as defined by §414.001(2) of the Texas
Government Code, determine whether the organization meets the requirements
to be certified to receive repayments of rewards under Articles 37.073 and
42.152 of the Texas Code of Criminal Procedure, or payments from a defendant
under Article 42.12 of the Texas Code of Criminal Procedure.
(b)
The Crime Stoppers Advisory Council shall, in its discretion,
certify a crime stoppers organization to receive those repayments or payments
if, considering the organization, continuity, leadership, community support,
and general conduct of the organization, the Council determines that the repayments
or payments will be spent to further the crime prevention purposes of the
organization.
(c)
Certification is valid for two years from the date of issuance.
If a crime stoppers organization's certification expires, the organization
is not eligible to receive repayments of rewards under Articles 37.073 and
42.152 of the Texas Code of Criminal Procedure, or payments from a defendant
under Article 42.12 of the Texas Code of Criminal Procedure, until the organization
obtains certification. The two-year certification period may be extended under
the following circumstances:
(1)
If an organization's application to renew its certification
is received by the director of the Crime Stoppers Advisory Council before
the two-year certification period expires, the organization's certification
shall continue in effect until the Council makes a decision regarding the
renewal of its certification.
(2)
The chairman of the Crime Stoppers Advisory Council may
extend the two-year certification period for a period of time not to exceed
90 days if:
(A)
one of the following extenuating circumstances occurs before
the two-year certification period expires:
(i)
natural or man-made disaster;
(ii)
serious illness, incapacity, or death of the chairman,
treasurer, or secretary of the organization's board of directors;
(iii)
serious illness, incapacity, or death of one of the organization's
law enforcement/civilian coordinators; or
(iv)
death of a member of the immediate family of one of the
officials listed in clauses (ii) and (iii) of this subparagraph;
(B)
one of the extenuating circumstances listed in subparagraph
(A) of this paragraph has a detrimental effect on the organization's ability
to submit an application for certification before the two-year certification
period expires; and
(C)
the director of the Crime Stoppers Advisory Council receives
the organization's written request to extend the certification period no later
than 20 calendar days after one of the extenuating circumstances listed in
subparagraph (A) of this paragraph occurs.
(d)
A private, nonprofit crime stoppers organization must submit
the following information to the director of the Crime Stoppers Advisory Council
in order to obtain certification:
(1)
Documentation from the Internal Revenue Service granting
the organization tax exempt status;
(2)
Proof that the following persons completed a training course
provided by CJD and the Crime Stoppers Advisory Council, or their designee,
within the year prior to submission of its application for certification:
(A)
one member of the organization's board of directors, and
(B)
one of the organization's law enforcement/civilian coordinators;
(3)
A completed and signed Conditions of Certification Form;
(4)
The names, addresses and telephone numbers of the members
of the organization's board of directors, and the position held by each member;
(5)
The names, addresses and telephone numbers of the organization's
law enforcement/civilian coordinators; and
(6)
If the organization is currently certified by the Crime
Stoppers Advisory Council or the organization's most recent certification
expired within three years prior to submission of its application for certification,
the organization must submit the following additional information:
(A)
financial statements covering the two-year certification
period on a form prescribed by the Crime Stoppers Advisory Council;
(B)
documentation from the relevant community supervision and
corrections departments stating the amount of probation fees disbursed to
the organization during the two-year certification period; and
(C)
any Annual Probation Fee and Repayment Reports that have
not been submitted to the director of the Crime Stoppers Advisory Council
as required by §3.9010 of this chapter
.
(D)
any Quarterly Statistical Reports
that have not been submitted to the director of the Crime Stoppers Advisory
Council as required by §3.9013 of this chapter.
(e)
A public crime stoppers organization must submit the following
information to the director of the Crime Stoppers Advisory Council in order
to obtain certification:
(1)
Proof that one of the organization's law enforcement/civilian
coordinators completed a training course provided by CJD and the Crime Stoppers
Advisory Council, or their designee, within the year prior to submission of
its application for certification;
(2)
A completed and signed Conditions of Certification Form;
(3)
The names, addresses and telephone numbers of the members
of the organization's governing board, and the position held by each member;
(4)
The names, addresses and telephone numbers of the organization's
law enforcement/civilian coordinators; and
(5)
If the organization is currently certified by the Crime
Stoppers Advisory Council or the organization's most recent certification
expired within three years prior to submission of its application for certification,
the organization must submit the following additional information:
(A)
financial statements covering the two-year certification
period on a form prescribed by the Crime Stoppers Advisory Council;
(B)
documentation from the relevant community supervision and
corrections departments stating the amount of probation fees disbursed to
the organization during the two-year certification period; and
(C)
any Annual Probation Fee and Repayment Reports that have
not been submitted to the director of the Crime Stoppers Advisory Council
as required by §3.9010 of this chapter
.
(D)
any Quarterly Statistical Reports
that have not been submitted to the director of the Crime Stoppers Advisory
Council as required by §3.9013 of this chapter.
(f)
Decisions regarding the certification of crime stoppers
organizations shall be made by the Crime Stoppers Advisory Council.
§3.9005.Decertification.
(a)
During the two-year certification period, the Crime Stoppers
Advisory Council shall, in its discretion, decertify a crime stoppers organization
if it determines that the organization no longer meets the certification requirements
described in §3.9000(b)
of this chapter
, which may include
a violation of state
law,
[
(b)
If a crime stoppers organization is decertified by the
Crime Stoppers Advisory Council, the organization is not eligible to receive
repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of
Criminal Procedure, or payments from a defendant under Article 42.12 of the
Texas Code of Criminal Procedure.
(c)
The Crime Stoppers Advisory Council shall send written
notification to the crime stoppers organization no later than 45 calendar
days prior to the meeting at which the Council will consider the decertification
of the organization. The written notification shall include the following:
(1)
Any noncompliance with the certification requirements described
in §3.9000(b)
of this chapter
; and
(2)
The date, time, and location of the meeting at which the
Council will consider the decertification of the organization.
(d)
The crime stoppers organization shall submit a written
response, which shall include an explanation and specific reasons why the
organization believes that it should not be decertified. The written response
must be received by the director of the Crime Stoppers Advisory Council at
least 10 calendar days prior to the meeting at which the Council will consider
the decertification of the organization.
(e)
The Crime Stoppers Advisory Council shall render a decision
regarding the decertification of the crime stoppers organization and shall
notify the organization in writing of its decision.
(f)
If a crime stoppers organization is decertified, the director
of the Crime Stoppers Advisory Council shall notify the state comptroller,
and the relevant county auditors and community supervision and corrections
departments in the organization's region, that the organization is decertified
and is not eligible to receive repayments of rewards under Articles 37.073
and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant
under Article 42.12 of the Texas Code of Criminal Procedure.
(g)
Not later than the 60th day after the date of decertification
of the organization, the decertified organization shall forward all unexpended
money received under this section to the state comptroller.
§3.9010.Annual Probation Fee and Repayment Report.
A crime stoppers organization that is certified by the Crime Stoppers
Advisory Council shall submit to the director of the Crime Stoppers Advisory
Council an Annual Probation Fee and Repayment Report [
§3.9013.Quarterly Statistical Reports.
A crime stoppers organization that is certified by the Crime Stoppers
Advisory Council shall submit to the director of the Crime Stoppers Advisory
Council, or the Council's designee, a Quarterly Statistical Report on a form
prescribed by the Council no later than January 31, April 30, July 31, and
October 31 of each calendar year.
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 February 23, 2004.
TRD-200401277
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 463-1919
Chapter 81.
ELECTIONS
Subchapter I. IMPLEMENTATION OF THE HELP AMERICA VOTE ACT OF 2002
1 TAC §81.175
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Secretary of State, Texas Register Division, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The Office of the Secretary of State, Elections
Division, proposes the repeal of §81.175 because the text of this section
is being moved to new §81.173. The rule concerns provisional voting procedures
for precinct count optical scan ballots as required under Section 302 of the
federal Help America Vote Act of 2002 ("HAVA").
Ann McGeehan, Director of Elections, has determined that for the first
five-year period the repeal is in effect, there will be no fiscal implications
to state or local governments as a result of the repeal. Identical rule language
was proposed under §81.173 in the February 27, 2004,
Texas Register
.
Ms. McGeehan has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated will be for the Secretary
of State to provide counties and other political subdivisions of the state
with uniform procedures for carrying out the provisional voting requirement
of Section 302 of HAVA. There will be no effect on small businesses, micro-businesses,
or individuals.
Comments on the proposed repeal may be submitted to Ann McGeehan, Director
of Elections, Office of the Secretary of State, P.O. Box 12060, Austin, Texas
78711-2060.
The repeal rule is proposed pursuant to Section 31.010 of the Code, which
requires the Secretary of State to adopt rules as necessary to implement HAVA.
Statutory Authority: Texas Election Code, §31.010.
No other codes or sections are affected.
§81.175.Provisional Voting Procedures for Electronic Voting System: Optical Scan Precinct Ballot Counters.
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 February 23, 2004.
TRD-200401336
Ann McGeehan
Director of Elections
Office of the Secretary of State
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 463-5562
Chapter 115.
FACILITIES LEASING PROGRAM
Subchapter A. STATE LEASED PROPERTY
1 TAC §115.13, §115.14
The Texas Building and Procurement Commission proposes new
rules 1 T.A.C. §115.13 and §115.14, concerning the leasing of space.
The proposed standards regarding best value in proposed §115.13 are intended
to reflect the new competitive process for identifying and selecting leased
space for state agencies through the commission's tenant representative. The
proposed lease protest rule provides state agencies that occupy state leased
space an opportunity to formally protest the proposed lease to the Executive
Director.
Gregg Werkenthin, State Lease Officer, has determined for the first five
year period the rules are in effect, enforcing or administering the rules
will not have foreseeable implications relating to costs or revenues of state
or local governments.
Mr. Werkenthin further determines that for each year of the first five
year period the proposed rules are in effect, the public benefit anticipated
as a result of enforcing these rules will be a long term reduction of costs
associated with the leasing of property for state office space. The process
for leasing state office space will utilize existing competitive market conditions
to achieve reductions in total occupancy costs in addition to the reduction
of leased space as required by Texas Government Code §2165.104. The proposed
lease protest rule will provide agencies requiring leased space an opportunity
to file a formal protest prior to completion of the lease procurement by the
commission. These rules will result in a more efficient and effective process
for identifying and selecting quality leased space to meet the needs of the
state of Texas. There will be no effect on large, small or micro-businesses.
There is no anticipated economic cost to persons who are required to comply
with these rules and there is no impact on local employment.
Comments on the proposals may be submitted to Cynthia de Roch, General
Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047. Comments may also be sent via email to travis.langdon@tbpc.state.tx.us.
Comments must be received no later than thirty (30) days from the date of
publication of the proposal in the
Texas Register
.
The new rules are proposed under the authority of the Texas Government
Code, Title 10, Subtitle D, §§2152.003, 2165.102, 2165.105, 2167.001,
2167.002, 2167.008, 2167.0021, 2167.006, 2167.052, 2167.0541, and 2167.055.
The following codes are affected by these rules: Government Code, Title
10, Subtitle D, Chapter 2167, 2165.104(c), 2165.105, 2165.1061, Texas Revised
Civil Statutes Annotated, Article 9102 (Vernon 2003).
§115.13.Best Value Guidelines.
(a)
The following guidelines for the determination of best
value to the state apply when the Commission verifies that state-owned space
is not available to meet the space requirements of a state agency, and the
Commission's tenant representative performs the lease procurement.
(b)
All requests for lease space must be submitted by the Executive
Director of the requesting agency. The requesting agency shall not submit
any specifications that would:
(1)
unnecessarily limit meaningful competition for the requested
space;
(2)
unnecessarily increase the cost of the lease;
(3)
exceed the authorized space limitations established by
the commission; or
(4)
require more than is reasonably necessary to carry out
the business mandated to the requesting agency.
(c)
The tenant representative shall assure that all guidelines
contained in this section are followed in each lease procurement.
(d)
No person, firm, partnership or corporation shall offer,
pay, receive or accept anything of value directly or indirectly for the procurement
of a state lease of office space. This subsection does not prevent the tenant
representative from earning a fee as provided in its contract with the commission
and does not prevent the payment of a fee to a co-broker by the tenant representative
which fee shall be fully disclosed and evidenced by documents that are to
be maintained in the permanent lease file.
(e)
The tenant representative shall execute an affidavit indicating
that they have no conflict of interest in connection with the proposed lease
agreement. Co-brokers shall, through duly authorized representatives, execute
affidavits indicating that co-broker has no undisclosed or disqualifying conflict
of interest in connection with the proposed lease procurement. Should a conflict,
or potential conflict, exist for co-broker with respect to a proposed lease
then co-broker shall execute an affidavit indicating that they will not accept
anything of value, directly or indirectly, other than the same fee split with
tenant representative they would receive for any non-conflict property. Each
proposed Lessor shall execute an affidavit affirming compliance with subsection
(d) of this section.
(f)
The tenant representative shall distribute notice of all
state leasing opportunities in a manner that maximizes competition for suitable
office space consistent with the approved specifications. Prior to engaging
in negotiations with prospective Lessors on any lease procurement, the tenant
representative must determine that a sufficient number of acceptable properties
have responded to the lease proposal request to achieve best value for the
state.
(g)
The tenant representative shall develop procedures, deadlines,
site analyses and market analyses to assure that their recommendations for
lease procurements reflect the best value to the state of Texas based upon
the provisions of this section.
(h)
In determining the specific procedures to be used to evaluate
the properties and identification of the best value to the state, the tenant
representative shall develop and maintain documents in the permanent lease
file to be retained by the Commission detailing its evaluation of each of
the following criteria for all qualified sites selected for final consideration:
(1)
analysis of the of the total cost of occupancy offered
by the proposed Lessor based upon detailed marketplace comparisons that reflect
the current rents and other costs associated with buildings of similar size,
age and quality in the area;
(2)
comparative utility costs;
(3)
age, type and condition of the premises;
(4)
costs, if any, of improvements required to meet the approved
specifications;
(5)
anticipated escalation of rental amounts for each proposed
location;
(6)
location of the property and access to public facilities
and transportation;
(7)
compliance or non-compliance of the premises with all applicable
Federal, State, municipal or other laws, ordinances, rules and regulations,
including, without limitation, the Americans with Disabilities Act of 1990
(
Public Law
101-336) the architectural barriers
law, Article 9102,
Texas Civil Statutes
, and
the administrative rules and regulations adopted by the Department of Licensing
and Regulation under the authority of Article 9102;
(8)
access to and cost of parking;
(9)
security of personnel and property of the occupying agency(ies);
(10)
availability and comparative costs of telecommunications
services;
(11)
space planning considerations including implementation
of the Strategic Plan and space consolidation options;
(12)
direct and indirect cost of relocation;
(13)
any other considerations relevant to the approved specifications
and existing market conditions.
(i)
Prior to making any recommendation to the commission, the
tenant representative shall perform a detailed assessment of the proposed
Lessor to determine and document the relevant experience, financial condition,
and history of bankruptcy, litigation and judgments relating to proposed Lessor,
and, as appropriate, its owners, officers, directors, subsidiaries, affiliates,
or predecessors that may be relevant indicators of probable Lessor performance
under the contract. The findings of this inquiry by the tenant representative
shall be maintained in the permanent lease file relating to the proposed procurement.
A summary report on the proposed Lessor shall be submitted to the commission
as part of the tenant representative's final recommendation.
(j)
If the recommendation of the tenant representative does
not ensure the best value to the State of Texas, the Executive Director, or
his designee, shall reject the recommendation by memorandum to be maintained
in the permanent lease file. The Commission may select a Lessor through any
means authorized by the Government Code that provides the best value to the
state. The basis for any lease procurement selection shall become part of
the permanent lease file.
(k)
The tenant representative shall have continuing duties
as set forth in its contract with the commission to assure that all Lessors
remain in compliance with the terms and conditions of the lease agreements
and that the state receives best value throughout the term of lease agreement
by avoiding adverse economic impact to the state due to Lessor non-compliance,
maintenance or other disputes, or unauthorized escalation of occupancy costs
to the state. The tenant representative shall maintain all documents required
by the commission's document retention schedule relating to lease agreements.
§115.14.Lease Protest.
(a)
Any State Agency or State Entity that is in full compliance
with the Commission's leasing requirements and demonstrates that the lease
action applicable to the protesting agency as proposed by the State Lease
Officer as summarized in the "Formal Notice of Lease Action" (Notice Memorandum)
does not comply with applicable statute, regulation or agency policy may formally
protest to the Executive Director. Such protests must be in writing and received
in the executive office within 10 working days of the date of the Notice Memorandum.
Formal protests must conform to the requirements of this subsection and subsection
(c) of this section, and shall be resolved in accordance with the procedure
set forth in subsections (d) and (e) of this section. Copies of the protest
must be mailed or delivered by the protesting agency or entity and must be
submitted by the Executive Director of the agency.
(b)
In the event of a timely protest or appeal under this section,
the state may delay the procurement process unless the Executive Director,
after consultation with the Executive Director of the protesting agency and
the State Lease Officer, makes a written determination that continuing the
procurement process is necessary to protect the best interests of the state.
(c)
A formal protest must contain:
(1)
a precise statement of the relevant facts in the form of
an affidavit from a person with personal knowledge of those facts;
(2)
an identification of the issue or issues to be resolved;
(3)
argument and legal authorities in support of the protest;
(4)
a statement that copies of the protest have been mailed
or delivered to the using agency and other identifiable interested parties;
and
(5)
signature of the chief executive officer of the agency
initiating the protest.
(d)
The State Lease Officer shall have the authority, prior
to appeal to the Executive Director of the Commission, to settle and resolve
the dispute concerning the solicitation or award of a contract. The State
Lease Officer may solicit written responses to the protest from other interested
parties.
(e)
If the protest is not resolved by mutual agreement, the
Executive Director will issue a written determination on the protest.
(f)
The Executive Director may confer with General Counsel
in his review of the matter appealed. The Executive Director may, in his discretion,
refer the matter to the commissioners for their consideration at a regularly
scheduled open meeting or issue a written decision on the protest.
(g)
When a protest has been appealed to the Executive Director
under subsection (f) of this section, the following requirements shall apply:
(1)
Copies of the appeal and responses of interested parties,
if any, shall be mailed to the commissioners;
(2)
All interested parties who wish to make an oral presentation
at the open meeting are requested to notify the Commission's General Counsel
at least 48 hours in advance of the open meeting;
(3)
The commissioners may consider oral presentations and written
documents presented by staff and interested parties. The chairman shall set
the order and amount of time allowed for presentations; and
(4)
The commissioners' determination of the appeal shall be
by duly adopted resolution reflected in the minutes of the open meeting, and
shall be final.
(h)
A decision issued either by the commissioners in open meeting,
or in writing by the Executive Director, shall be the final administrative
action of the Commission.
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 February 23, 2004.
TRD-200401328
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 463-4257
Subchapter A. APPLICATION FOR STATE-LEASED OR OWNED FACILITIES
1 TAC §122.2
The Texas Building and Procurement Commission proposes amendments
to Title 1, T.A.C., Chapter 122 - Facilities Planning; Subchapter A, §122.2.
The amendments are proposed to bring the rule into compliance with HB 3042
amendments to §2165.104 of the Texas Government Code and to incorporate
staff recommendations for implementation of space allocation limitations exceptions
including a requirement for agency certification of funds with each request
for space or building modifications, and a limit on space allocation of 135
square feet per employee.
The proposed rule will enable the Commission to analyze the specific needs
of a requesting agency and prepare a space allocation that efficiently complies
with the statute and provides the occupying agencies with suitable space to
carry out their statutory mandates.
William N. Bonham, Director of Facilities Construction and Space Management,
has determined for the first five year period that the rule is in effect,
there will be no fiscal implication for state or local government as a result
of enforcing the rule.
William N. Bonham has further determined that for each year of the first
five year period the amendments are in effect, the public benefit anticipated
as a result of enforcing the rule will be clarity and consistency. There will
be no cost to small, large or micro businesses or persons and no impact on
local employment as a result of enforcing the rule.
Comments on the proposed amendments may be submitted to Cynthia de Roch,
General Counsel, Texas Building and Procurement Commission, P.O. Box 13047,
Austin, Texas 78701-3047. Comments may also be submitted by email to: travis.langdon@tbpc.state.tx.us.
Comments must be received no later than thirty (30) days from the date of
publication of the proposal in the
Texas Register.
The proposed amendments are made under the authority of the Texas
Government Code, Title 10, Subtitle D, 2152.003, 2165.102 and 2165.108.
The following code is affected by the rule: Texas Government Code, Title
10, Subtitle D. §§2165, 2166.260, and 2167.
§122.2.Requests for Allocation, Relinquishment, or Modification of [
[
(1)
Requests shall provide the following information:
(A)
Statement of justification demonstrating added staff (enumerate
number of FTEs and agency unit), inadequacy of current facilities, lease expiration,
or other;
(B)
Written certification that
funds are authorized and available to accomplish the requested action;
(C)
[
(D)
[
(E)
[
(F)
[
(G)
[
(H)
[
(I)
[
(2)
The
Commission
[
(3)
Final decision on questions arising from differing
interpretations of these guidelines shall be made by the Commission.
[
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 February 23, 2004.
TRD-200401327
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 463-4257
Chapter 251.
REGIONAL PLANS--STANDARDS
1 TAC §251.1
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.1, concerning regional plans for 9-1-1 service,
to simplify the language and make it more uniform and consistent.
This section is proposed 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.
Paul Mallett, 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. Mallett 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 improved 9-1-1 call delivery systems in 9-1-1
regions throughout the state. 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 rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, Advisory Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed 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 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.
No other statute, code or article is affected by this amendment.
§251.1.Regional Strategic Plans for 9-1-1 Service.
(a)
Purpose. The Commission on State Emergency Communications
(Commission) herein establishes a framework for regional planning commissions
(RPCs) to use in the development of regional strategic plans for provisioning
9-1-1 service. Regional strategic plans should include, but not be limited
to, the elements and subsections of this rule. Other rules provide specific
standards for performance of these requirements.
(b)
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.
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(c)
Regional Plan Submission. All regional strategic plans
for 9-1-1 service, or amendments to those regional plans, must be submitted
to the Commission by a RPC as specified by Health and Safety Code, Chapter
771, §771.056, Submission of Regional Plan to the Commission, and §771.057,
Amendment of Plan. The RPC shall comply with all applicable federal and state
laws in carrying out its approved regional plan.
(d)
Regional Plan Scope. All regional plans for 9-1-1 service
submitted for approval must address the entire geographic area within the
boundaries of a RPC. The regional plan must identify all participating public
safety agencies. All counties with a population greater than 120,000, according
to the latest federal census, must have 9-1-1 service by September 1, 1995.
In counties with less than 120,000 in population, resolutions supporting the
regional plan must be included for all participating cities and counties.
Because the definition of Public Agency in Health and Safety Code, Chapter
771, §771.001(7) creates a possibility of overlapping jurisdictions,
the city or county government of that area should submit the resolution to
support the regional plan.
(e)
Regional Plan Criteria. The regional plan must include
a description of how the 9-1-1 service is to be administered, a description
of how money is to be allocated within the region, projected financial operating
information for the two state fiscal years following the submission of the
regional plan, strategic planning information for the five state fiscal years
following the submission of the regional plan, and a detailed description
of the equipment, network, and database services as required by Health and
Safety Code, Chapter 771, §771.055, Strategic Planning.
(f)
All regional plans for 9-1-1 service must include the following
equipment and service:
(1)
Automatic Number Identification (ANI) level of service;
(2)
Automatic Location Identification (ALI) level of service;
(3)
Wireless Phase I E9-1-1 level of service;
(4)
One P-PSAP per RPC. If there is more than one PSAP, the
system may be arranged for two or more PSAPs to share the 24-hour duty requirement;
(5)
TDD/TTY or TDD/TTY compatible equipment in compliance with
the Americans with Disabilities Act (ADA) and in compliance with Commission
Rule
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(6)
A standby power supply for the 9-1-1 equipment;
(7)
Forced disconnect feature to allow the PSAP to clear incoming
circuits when necessary;
(8)
The following redundant crucial service items at each PSAP:
(A)
Network connections between each telephone central office
or mobile switch and the SR;
(B)
Network connections from the SR to the PSAP;
(C)
Network connections from the ALI database to the PSAP;
(D)
Database routers;
(E)
Telephone sets and/or integrated ANI and ALI display call
taking positions;
(F)
Stand-alone TDD units as applicable; and
(G)
Any other equipment essential to the 9-1-1 call-taking
function;
(9)
A published ten-digit emergency telephone number that can
accept emergency calls;
(10)
A positive response to each 9-1-1 call to include an audible
ringing tone connecting to a PSAP where either the call is answered by personnel
at the PSAP or a recorded announcement provides further information; and
(11)
The following required elements to insure the reliability
of the 9-1-1 equipment and service:
(A)
Contingency routing plan;
(B)
Network testing plan;
(C)
Local monitoring plan;
(D)
Capital asset plan;
(E)
Network diagrams;
(F)
Database maintenance plan; and
(G)
Equipment maintenance plan.
(g)
Amendments to Regional Plan. A regional plan may be amended
according to procedure established in accordance with Commission
Rule
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(h)
Call Taking Positions. Requests for an increase in the
number of positions within a PSAP should be submitted for approval in the
regional strategic plan along with justification for the increase. If an increase
in the number of positions is required after the regional plan has been approved
and the addition of the position(s) will require no additional funding, the
RPC shall follow the requirements for amendment in accordance with
Commission
Rule
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(1)
Historical 9-1-1 call volume and growth;
(2)
Call duration information;
(3)
Anticipated area population growth; and
(4)
Peak 9-1-1 call volume patterns.
(i)
Adding a PSAP. Should there be a need to add a new PSAP
within the region, the RPC shall provide the Commission written justification
supporting the request. Appropriate justification shall include statistical
information such as call volume and growth rates, or jurisdictional changes
within the region. All requests for a new PSAP must include specific costs
for equipment and services, as well as a complete written description and
schematic illustrating the relationship of the proposed PSAP to the balance
of the region's network. If additional funding is required to facilitate the
addition of a PSAP, the request must be accompanied by a plan amendment, which
will require Commission approval. These requirements apply to the addition
of a remote or mobile PSAP, as well as, Primary and Secondary PSAPs.
(j)
Mobile PSAP Procedures. When a RPC is approved to add a
mobile PSAP, they must submit a Standard Operating Procedure (SOP) for that
PSAP that includes, at a minimum:
(1)
Designation of responsible local agency;
(2)
Proposed hours of operation;
(3)
Primary location of operation;
(4)
Procedure for notification of relocation of PSAP;
(5)
Asset management plan or insurance coverage to safeguard
the equipment;
(6)
Security plan for control of the equipment and data;
(7)
Revised Interlocal Agreement to include the mobile PSAP;
and
(8)
Plan for equipment disposal upon termination of the use
of the mobile PSAP.
(k)
Contracts. The RPC shall execute interlocal agreements
between itself and its local governments responsible for PSAPs relating to
the planning, development, operation and provision of 9-1-1 service, the use
of 9-1-1 funds and adherence to applicable law in accordance with Commission
Rule
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(l)
Procurement. The RPC shall use competitive procurement
practices and procedures similar to those required by state law for cities
or counties, as well as any additional Commission policies, in conjunction
with the procurement of 9-1-1 Customer Premises Equipment, 9-1-1 Network,
and 9-1-1 Database Services, and any other items to be obtained with 9-1-1
funds in accordance with Commission
Rule
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(m)
Equipment Management. The RPC is responsible for the 9-1-1
equipment in accordance with Commission
Rule
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(n)
Testing. The RPC shall test all 9-1-1 Customer Premises
Equipment (including TDD/TTY), 9-1-1 Network, and 9-1-1 Database services.
Testing shall occur when new service or equipment is installed, service or
equipment is modified, and on a regular basis to ensure system reliability
and compliance with ADA. A schedule for ongoing testing shall be developed
by the RPC and shall be available to the Commission for monitoring.
(o)
Monitoring. The Commission reserves the right to perform
on-site monitoring of the RPC and/or its performing local governments or PSAPs,
including mobile PSAPs, for compliance with applicable law in accordance with
Commission
Rule
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(p)
Performance Reporting. A RPC shall submit financial and
performance reports to the Commission at least quarterly on a schedule to
be established by the Commission. The financial report shall identify actual
implementation costs by county, strategic plan priority level, and component.
The performance report shall reflect the progress of implementing the region's
strategic plan including, but not limited to, the status of equipment, services,
and program deliverables in a format to be determined by the Commission.
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 February 23, 2004.
TRD-200401243
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §251.6
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.6, concerning guidelines for submission requests
from regional planning commissions on strategic plans, amendments and allocation
of funds.
This section is proposed 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.
Paul Mallett, 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. Mallett 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 system for funds allocation and implementation
levels for the 9-1-1 program statewide. 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 amendment may be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, 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, 771.071, 771.0711, 771.072, and 771.075;
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.
No other statute, code, or article is affected by this proposed amendment.
§251.6.Guidelines for Strategic Plans, Amendments, and Revenue Allocation.
(a)
Purpose. The purpose of this
rule is to provide the structure and guidelines for regional strategic plans,
funding of the plans, and amendments to the plans.
(b)
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(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)
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(1)
Level I: 9-1-1 service generally
associated with Automatic Number Identification (ANI), to include the following
components and associated costs:
(A)
ANI (equipment and network);
(B)
Public Safety Answering Point (PSAP) Room Preparation;
(C)
Language Line;
(D)
PSAP Supplies;
(E)
Telecommunications Device for the Deaf (TDD);
(F)
Maintenance/Repair (ANI/TDD); and
(G)
Capital Recovery (ANI/TDD).
(2)
Level II: 9-1-1 service generally
associated with ANI, Selective Routing (SR), Automatic Location Identification
(ALI) and any other network and/or database system enhancement, to include
the following components and associated costs:
(A)
ANI/ALI/SR (equipment and network);
(B)
PSAP Room Preparation;
(C)
Addressing;
(D)
Addressing Maintenance;
(E)
PSAP Training;
(F)
Maintenance/Repair (CPE);
(G)
Capital Recovery (telephone equipment); and
(H)
Capital Recovery (addressing).
(3)
Level III: Other 9-1-1 equipment,
services and enhancements to same, to include, but not limited to the following
components and associated costs:
(A)
Additional Trunk Diversity;
(B)
Other Redundancy;
(C)
Wireless Access;
(D)
Training Positions;
(E)
Emergency Power;
(F)
Recorders;
(G)
Pagers;
(H)
Detectors/Diverters;
(I)
External Ringers;
(J)
Mapped ALI;
(K)
Maintenance/Repair (ancillary equipment);
(L)
Capital Recovery (ancillary equipment); and
(M)
Other.
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(e)
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(1)
Level I: The equipment, network and database equipment
and/or services that provide the essential elements of 9-1-1 service, including
the maintenance and replacement of equipment.
(A)
Network;
(B)
Wireless Phase I;
(C)
Database;
(D)
Equipment;
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(E)
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(F)
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(2)
Level II: The activities, equipment, and/or services that
directly support and enhance 9-1-1 call delivery and data maintenance for
the level of service provided to the region.
(A)
Addressing Maintenance;
(B)
Graphic MSAG;
(C)
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(D)
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(E)
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(F)
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(G)
Wireless Phase II.
(3)
Level III: The activities, equipment, and/or services that
provide auxiliary enhancements to the delivery of 9-1-1 calls and the level
of service provided to the region.
(A)
Network Diversity;
(B)
Training Positions;
(C)
Emergency Power;
(D)
Recorders;
(E)
Pagers;
(F)
Ancillary Maintenance & Repair; and
(G)
Other.
(4)
Level IV: Use of Revenue in
Certain Counties. The activities, equipment, and/or services that provide
auxiliary enhancements to the 9-1-1 system of a county subject to Health and
Safety Code Chapter 771 with a population over 700,000, or the county that
has the highest population within an RPC participating in the Commission program
to include, but not limited to:
(A)
Design of a 9-1-1 System;
(B)
Purchase of Equipment;
(C)
Maintenance of Equipment; and
(D)
Personnel match.
(f)
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(1)
The Commission shall establish the format of strategic
plans for the sake of identifying overall statewide requirements in its implementation.
(2)
Strategic plans shall be reviewed and amended, as appropriate,
on a biennial basis.
(3)
Each biennial review and update of strategic plans shall
reflect a reconciliation of all actual implementation costs by component incurred
for the year involved against projected strategic plan costs and revenues.
(4)
Strategic plans shall be consistent with the three major
implementation priority levels identified above, in subsection
(d)
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(5)
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RPC
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(g)
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(1)
A
RPC
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(A)
The changes do not require additional service fees or equalization
surcharge funds; and
(B)
The changes are consistent with all Commission policies
and procedures.
(2)
Changes made to the regional plan must be reported in writing
to the Commission no more than twice a year on a schedule to be established
by the Commission. The documentation required for changes will be an amended
budget, narrative, related worksheets and a letter indicating executive approval
of the amendment.
(3)
Emergency situations requiring amendments to regional plans
that require additional funding may be presented to the Commission for review
and consideration contingent upon the availability of such funds within level
priorities as established by the Commission.
(h)
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(1)
Service Fee allocation - Consistent with §771.056
(d), and §771.078 the Commission shall allocate, by contract, service
fee revenue to
RPCs
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(2)
Equalization Surcharge Funds-
(A)
Within the context of §771.056(d), the Commission
shall consider any revenue insufficiencies to represent need for equalization
surcharge funding support.
(B)
Consistent with this rule, the Commission shall allocate,
by agreement, equalization surcharge funds and service fees to
RPCs
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(C)
The Commission may allocate equalization surcharge to an
emergency communication district
(District)
based on
District
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(D)
Equalization surcharge funds 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.
(E)
If sufficient equalization surcharge funds are not available
to fund all
RPC
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(i)
In reverse order of priority, reducing the number of priority
level components supported with equalization surcharge funds;
(ii)
Requesting that regional strategic plans be adjusted to
allow for more implementation time as appropriate; and/or
(iii)
In order of priority, proportionally allocating available
funds among requesting agencies.
(F)
The Commission may elect to hold a balance of equalization
surcharge funds in reserve for emergencies and other contingencies.
(i)
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(1)
Paging Systems. Funding for the paging systems may be approved
when such systems are the most effective means of 9-1-1 call delivery and
they do not replace other paging or radio alerting systems. Funding for paging
will be limited to systems, where alternative systems or the systems now in
use cause significant delay in 9-1-1 call delivery and where existing radio
systems can be modified to accommodate paging. Funding for pagers (receivers)
will be limited to three, providing pagers to only necessary core responders
within an organization (e.g., in a 15-member volunteer emergency medical group,
only the on-call ambulance driver and one or two attendants would be furnished
pagers).
(2)
Voice Recording Equipment. Voice loggers may be approved
when the primary use of the equipment is in support of the 9-1-1 call-taking
and call-delivery function. Extra capacity on such systems may be used for
other public safety functions (such as dispatch); however, 9-1-1 funding will
not be authorized for systems whose capacity clearly exceed actual or anticipated
9-1-1 requirements. Shared funding of larger systems to accommodate both a
9-1-1 PSAP and a PSAP operating agency's other needs will be considered on
a case-by-case basis. Other considerations include:
(A)
The Commission will normally fund voice recording capability
in a PSAP to record the conversation on each answering position used to answer
emergency calls on a regular basis. (This means one recording channel per
9-1-1 answering position instead of one channel per incoming line.)
(B)
The Commission will also fund recording capability to record
the transfer of an emergency call from the PSAP first answering the call to
the agency that is responsible for providing the required emergency services.
This recording capability will be limited to the minimum amount required to
record the transfer of the caller and relaying of information to the service
provider.
(C)
The Commission will fund the purchase of voice recorders
as justified, to record 9-1-1 call delivery. Call volumes requiring recording
in excess of 90 minutes per day will normally be required to justify larger
systems.
(D)
The funding of recording devices to transfer information
from another recorder will be approved only upon specific justification of
need.
(E)
Funding for search capability for recorders will be limited
to the ability to locate an event by date and time.
(F)
The Commission will not normally fund the purchase of both
voice logging recorders and instant playback recorders in the same location.
(G)
When the operator of a 9-1-1 PSAP and the providers of
emergency services desire to use the same recording equipment funded by
regional strategic plan
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(i)
When the minimum size of recorder that can be purchased
to serve the PSAP provides more channels than are needed by the PSAP to record
the delivery of 9-1-1 calls, the other agency may use the extra channels and
all funding will be provided by the Commission.
(ii)
When the PSAP requires a given size of recording equipment,
and the other agency requires additional channels, the Commission will fund
the size of recording equipment needed to record only the delivery of 9-1-1
calls, and the other agency will fund all additional equipment.
(iii)
When the recording requirements of the other agency requires
additional features or capabilities than would be required by the PSAP alone,
the Commission will fund the equivalent amount of the system needed to serve
the 9-1-1 functions of the PSAP alone. For instance, if the PSAP could use
a recording system to record the delivery of 9-1-1 calls, but another agency
needs to record a radio channel that requires the capacity of a larger recorder,
the Commission will fund the equivalent cost of the smaller system.
(H)
To assist the Commission in reviewing and approving requests
for funding for voice recording devices for 9-1-1 call delivery, requests
for funding should include a worksheet, provided by the Commission, for each
PSAP location.
(I)
In reviewing requests for recording systems, the Commission
will award funding, when justified, for the actual costs of basic recording
systems not to exceed $10,000 on 4-channel or equivalent systems, and not
to exceed $20,000 on up to 10-channel or equivalent recording systems. Requests
for any other recording systems will require separate approval by the Commission.
(J)
The Commission will consider funding of recording capabilities
greater than those suggested by the guidelines when sufficient justification
is provided as part of a
regional strategic plan
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(j)
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(1)
Where conditions exist that indicate a need for emergency
power systems to support 9-1-1 call delivery, UPS should be considered as
the emergency power system. Emergency generators (power backup) should be
approved only in locations with a documented history of or potential for extended
interruptions of commercial power supplies. Generally, 9-1-1 funding will
not be used to provide both a generator and UPS. At least 75 percent of the
capacity of any UPS system or generator funded should directly support an
existing (or planned) 9-1-1 system.
(2)
Each request for UPS must include a worksheet showing the
calculations used to determine the system size and batteries required. This
worksheet must identify all equipment to be powered and the operating voltage
and current drain of each piece of equipment. The request for UPS must identify
the load capacity of the system requested and the length of time the batteries
will operate the PSAP 9-1-1 equipment. The request should also indicate whether
the 9-1-1 equipment has any built-in UPS capability.
(3)
The length of time that a UPS battery will be required
to provide emergency power is a major factor in determining the cost of the
UPS system. Each request for UPS must provide information justifying the size
of the batteries requested. Information concerning the history of power failures
at the PSAP location and the average time to restore power should be obtained
from the local power company.
(4)
If the history of power failures, or the expected restoration
time, is more than can be economically justified for UPS batteries, an emergency
generator can be considered. Any request for an emergency generator, in addition
to a UPS, shall include a comparison of the cost of a UPS with sufficient
batteries to the cost of the combination of the UPS and an emergency generator.
(5)
There may be circumstances that justify the installation
of an emergency generator (backup power), in addition to an UPS, as the primary
system for a PSAP location. In these cases, the request for the emergency
generator must include an explanation and comparison of the relevant costs.
(6)
When the operator of a 9-1-1 PSAP and the providers of
emergency services desire to share the emergency power system funded by the
Commission, the following guidelines will apply to determine the amount to
be funded by the Commission:
(A)
When the minimum size of emergency power system that can
be purchased to serve the PSAP provides more capacity than is needed by the
PSAP, the other agency may use the extra capacity and all funding will be
provided by the Commission.
(B)
When the PSAP requires a given size of emergency power
system, and the other agency requires additional capacity, the Commission
will fund the size of emergency power equipment needed to supply the PSAP
alone and the other agency will fund all additional capacity.
(7)
Funding may be approved for surge protection devices when
they are used for protection of 9-1-1 specific electronic equipment. Documented
justification must be provided.
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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 February 23, 2004.
TRD-200401244
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
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 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.
This section is proposed 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.
Paul Mallett, 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.
Mr. Mallett 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 clarification on what funding approvals are
allowable under address maintenance. 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 the proposed amendments may be submitted in writing within
30 days after publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed under Texas Health and Safety Code,
Chapter 771, §§771.051, 771.056 and 771.057; and Title 1, Texas
Administrative Code, Part XII, 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.
No other statute, code, or article is affected by the amendment.
§251.9.Guidelines for Database Maintenance Funds.
(a)
Purpose.
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.
(b)
Background. 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 support or facilitate the delivery
of an emergency call to an appropriate emergency response agency. The Commission
has funded addressing projects through the state to allow for the implementation
of Automatic Location Identification (ALI) level of service. 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 for 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 ALI system will soon become
unreliable.
(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.
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[
[
[
[
[
[
[
[
[
[
[
[
[
[
(d)
[
(e)
[
(f)
[
[
(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 sixty (60) days.]
(g)
[
[(F)
Database maintenance funds will be allocated
based on need as justified by the local government and approved by the Commission.]
(h)
[
(i)
[
[
(1)
[
(2)
[
(3)
[
[
(j)
[
(1)
[
(A)
[
(B)
[
(C)
[
(D)
[
(E)
[
(F)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
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 February 23, 2004.
TRD-200401245
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §251.11
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.11, concerning the establishment of a formal monitoring
process to ensure compliance with applicable law, rules, polices and procedures.
This section is proposed 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.
Paul Mallett, 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.
Mr. Mallett 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 improved methods for program monitoring through
established comprehensive contract monitoring standards to be used statewide.
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 rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
The amendment is proposed under Health and Safety Code, Chapter
771, §§771.051, 771.055, 771.056, and 771.059; and the Texas Administrative
Code, Part XII, Chapter 251, Regional Plan Standards.
No other statute, code or article is affected by the amendment.
§251.11.Monitoring Policies and Procedures.
(a)
Purpose. The Commission on
State Emergency Communications (Commission) shall monitor, at least annually,
each regional planning commission (RPC) to assess administrative, fiscal,
contractual, procurement, inventory, local monitoring, and program activities
for compliance with applicable laws, rules, policies and procedures, and effectiveness
in implementing E9-1-1 service in the RPC jurisdiction. The purpose of this
rule is to develop procedures and guidelines by which to conduct all monitoring
activities.
(b)
Background. As authorized by
the Texas Health and Safety Code, §771.051, the Commission shall develop
minimum performance standards for equipment and operation of 9-1-1 service
to be followed in developing regional plans, and 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 Commission reserves
the right to perform monitoring of the RPC and/or its performing local governments
or PSAPs for compliance with applicable law, rules, policies and procedures.
Monitoring activities shall provide the Commission with the information and
data necessary to best assist RPCs and local governments in implementing and
strengthening the 9-1-1 system in Texas.
(c)
[
[
[
[
[
[
[
[
[
[
[
[
[
[
(1)
Monitoring Activity - [
(A)
Evaluation of RPC policies and procedures for program quality
and outcomes to ensure compliance with the Contract, as well as the objectives
and standards set forth in all
Commission
[
(B)
Determination of whether the RPC has demonstrated substantial
compliance with oversight requirements, including:
(i)
compliance with applicable provisions of the state's Uniform
Grant Management Standards (UGMS);
(ii)
competitive procurement procedures and documentation;
(iii)
contract administration systems to ensure receipt of
contracted deliverables;
(iv)
ownership, transfer of ownership, and/or control of equipment
acquired with 9-1-1 funds;
(v)
maintenance of a current inventory of all 9-1-1 equipment;
(vi)
maintenance of adequate and accurate fiscal records and
documentation;
(vii)
execution of interlocal agreements between RPC and participating
local governments relating to the planning, development, operation, and provision
of 9-1-1 service and the use of 9-1-1 funds, per the Contract, Article 4,
Standard Interlocal Agreements with Local Governments.
(C)
Examination of RPC 9-1-1 funds expended against the strategic
plan component budgets and any limitations therein according to applicable
law and rules.
(2)
Monitoring Report and Response - The
Commission
[
(A)
The RPC shall provide written response to the monitoring
report within 30 days of receipt of the report. The response should be provided
or approved by the RPC Executive Director and/or the Executive Committee,
according to RPC authority and internal procedures.
(B)
The
Commission
[
(C)
The Commission may delay action pending requests for additional
information or investigation, and any follow up actions deemed necessary for
resolution. Any such requests shall be made in writing to the RPC within
five
[
(D)
The Commission may disallow specific expenditures of 9-1-1
funds, and may direct the RPC to repay the 9-1-1 fund of any disallowed expenditure.
The
Commission
[
(E)
The RPC may appeal a decision to disallow expenditures
by writing to the Executive Director of
the Commission
[
(3)
Disallowance and Repayment - The RPC shall reimburse the
9-1-1 fund for any 9-1-1 surcharge funds and service fees (9-1-1 funds) expended
by the RPC in noncompliance with applicable law and rules. Such reimbursement
shall be made in accordance with the procedure established in subparagraphs
(A)-(E) of this paragraph.
(A)
The RPC shall provide a written proposal to the Commission
for repayment within 30 days of notification of disallowance of any 9-1-1
fund expenditures. Repayment to the 9-1-1 fund shall be completed within a
reasonable length of time as established by the Commission, not to exceed
5 years.
(B)
The RPC shall provide detail, in writing, of its efforts
to recover 9-1-1 funds from its participating local governments and/or vendors,
in compliance with the MOU, Section 2.4.
(C)
The repayment plan shall be reviewed and approved by the
RPC Executive Committee, or Board, prior to being submitted to the
Commission
[
(D)
Upon receipt of the RPC repayment plan,
Commission
[
(E)
The Commission may accept or reject any repayment plan
proposal. In either case, the RPC shall be notified of the Commission's action
with
five
[
(4)
Monitoring of Repayment -
Commission
[
(5)
Repeated Problems or Findings and Sanctions - If subsequent
annual monitoring review reveals repeated findings that have not been corrected
from a prior year's monitoring report, the RPC shall be deemed to be in continued
violation. In accordance with State law, the Commission may consider designating
another administrative entity if it is determined that a continued violation
by an RPC constitutes willful disregard of applicable law and rules, gross
negligence, or failure to observe accepted standards of administration.
(d)
[
(1)
Local Monitoring Plan Development - Each RPC shall develop
its own local-level monitoring plan that shall be incorporated into its 9-1-1
Strategic Plan. Local monitoring plans shall include, but are not limited
to, the following listed in subparagraphs (A)-(B) of this paragraph.
(A)
A schedule or timetable for monitoring all interlocal contracts,
9-1-1 funded activities, equipment, PSAPs and subcontractors;
(B)
Annual reviews of all subcontracts, especially addressing
and/or addressing maintenance contracts.
(2)
Compliance with Contract Stipulations - The RPC shall monitor
each interlocal contract for performance of contract deliverables, which shall
include the stipulations contained in the Contract, Article 4, Standard Interlocal
Agreements with Local Governments.
(3)
Documentation - Local monitoring activities, findings,
recommendations and responses shall be documented in writing and retained
for at least 5 years.
(4)
Reporting Procedures - The RPC shall establish reporting
procedures to convey the monitoring data to the RPC Executive Director, Executive
Committee and the
Commission
[
(5)
Reports to the
Commission
[
(A)
Certification or other assurance that interlocal agreements
have been executed between the RPC and each of its performing Local Governments.
Such certification shall be communicated to the
Commission
[
(B)
Local Monitoring Plans shall be submitted to the
Commission
[
(C)
Local monitoring findings shall be submitted to the
Commission
[
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 February 23, 2004.
TRD-200401246
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §251.12
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.12, concerning contracts for 9-1-1 services.
This section is proposed 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.
Paul Mallett, 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. Mallett 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 better accountability of funds and program reporting requirements.
No historical data is available, however, there is 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 rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, 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, §§771.071, 771.0711, 771.072, 771.073, 771.075, 771.078,
771.055, 771.056, and Title 1 Texas Administrative Code, Part XII, 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.
No other statute, code, or article is affected by the amendment.
§251.12.Contracts for 9-1-1 Services.
(a)
Purpose. In accordance with Chapter 771 of the Texas Health
and Safety Code, as revised and amended by HB 1983 passed by the 76th Texas
Legislature, this rule shall provide the standard provisions for contracts
between the Commission on State Emergency Communications (Commission) and
Regional Planning Commissions (RPC) for the provisioning of 9-1-1 service.
(b)
Background
[
(c)
Per Health and Safety Code, Chapter 771.088(c), contracts
under this section must provide for:
(1)
the reporting of financial information regarding administrative
expenses by RPCs in accordance with generally accepted accounting principles;
(2)
the reporting of information regarding the current performance,
efficiency, and degree of implementation of emergency communications services
in each RPC's service area;
(3)
the collection of efficiency data on the operation of 9-1-1
answering points;
(4)
standards for the use of answering points and the creation
of new answering points;
(5)
quarterly disbursements of money due under the contract,
except as provided by paragraph (6) of this subsection;
(6)
the Commission to withhold disbursement to a RPC that does
not follow a standard imposed by the contract, a Commission rule, or a statute;
and
(7)
a means for the Commission to give an advance on a quarterly
distribution under the contract to a RPC that has a financial emergency.
(d)
The contract described in subsection (b) of this section
shall substantially conform to the following standard contract form:
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 February 23, 2004.
TRD-200401247
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §251.13
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §251.13, concerning the use of the 9-1-1 database for
emergency notification services.
This section is proposed 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.
Paul Mallett, 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.
Mr. Mallett 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 system for funds allocation and implementation
levels for the 9-1-1 program statewide. 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 rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
The amendment is proposed 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 XII, 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.
No other statutes, articles or codes are affected by the proposed amendment.
§251.13.The Use of The 9-1-1 Database for Emergency Notification Services.
(a)
Purpose. The Commission on State Emergency Communications
(
Commission
[
(b)
Background. State law provides and the Texas Attorney General
has concluded, that the 9-1-1 database information is confidential and is
not available for public inspection. (Texas Health and Safety Code, Section
771.061(a); Texas Attorney General Open Records Decision 661, 1999.) Thus,
RPCs assisting local governments or providers that support emergency notification
services in the use of the 9-1-1 database information for emergency notification
services should, unless otherwise ruled to the contrary by the Texas Attorney
General or a court of competent jurisdiction, require the same degree of confidentiality
protections for the 9-1-1 database information when it is used for emergency
notification services as they do when the information is used for 9-1-1 emergency
service purposes. Furthermore, because of the confidential nature of the 9-1-1
database information and because it contains unlisted and unpublished numbers,
RPCs should retain the right to withdraw their assistance if the local government
or the providers that support emergency notification services do not maintain
the confidentiality of the information or misuse the emergency notification
services.
(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)
The information in the 9-1-1 database is collected and
maintained solely for the provision of emergency services. The 9-1-1 database
provider shall
not
release the 9-1-1 database information
without the express written approval of the Commission and the RPC
[
(e)
The Commission intends to authorize the release of
the 9-1-1 database within the Commission program areas for the use of emergency
notification services under the condition that this information is be used
for the purpose of warning or alerting citizens regarding information in an
emergency situation where property or human life is in jeopardy. Further,
it is the intention of Commission that the current designated 9-1-1 database
provider, RPCs, and Commission staff cooperate with local government to the
fullest extent possible in accordance with Commission rules and policy, and
state and federal law for the implementation of emergency notification services.
[
(f)
Since the
Commmission
[
(g)
Procedures. The procedures for authorization of utilizing
the 9-1-1 database for emergency notification services will be:
(1)
The RPC shall submit a written request to the Commission
for the authorization to release the information. This written request shall
contain:
[
(A)
A technical description of
the emergency notification services;
(B)
The name(s) of the local government
entity(ies) requesting the 9-1-1 database and its (their) written request;
(C)
A description of geographic
area utilizing the services;
(D)
A general description of when
and by whom the service may be deployed; and
(E)
An interlocal agreement from
all parties that the 9-1-1 database will only be used in emergency situations
and will be kept confidential and not available for public inspection.
(2)
The
Commmission
[
(3)
The designated 9-1-1 database provider shall cooperate
and provide access to the information to the RPC, local government entity,
or directly to the vendor of emergency notification services upon receipt
from the RPC
of
a written request including a copy of the Commission's
[
(4)
The RPC shall notify the vendor of emergency notification
services regarding the confidentiality of the 9-1-1 database.
(5)
The
Commmission
[
(6)
The RPC will notify the
Commmission
[
(7)
The RPC will continue its duties in verifying and maintaining
the accuracy of the 9-1-1 database.
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 February 23, 2004.
TRD-200401248
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §251.14
The Commission on State Emergency Communications (CSEC) proposes
new §251.14, concerning general provisions and definitions.
The new proposed section contains all definitions to words and terms used
in the other rules within Chapter 251. This consolidation of provisions and
definitions helps reduce unnecessary duplication and ensures consistency of
definitions.
Paul Mallett, 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. Mallett 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 greater level of 9-1-1 call delivery systems
and service in 9-1-1 program areas that benefit from this section. 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 rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
The new section is proposed 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.
No other statutes, articles or codes are affected by the proposed new section.
§251.14.General Provisions and Defintions.
(a)
Purpose. The Commission on State Emergency Communications
(Commission) herein establishes the following general provisions for defining
terms utilized within the context of Commission rules. This rule allows for
compilation of all technical and 9-1-1 industry related terms used in the
rulemaking process.
(b)
Definitions. The following words and terms, when used in
Commission rules, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
9-1-1 Administrative Entity - A municipality, a county,
an emergency communication district (District), a regional planning commission
(RPC) or any other political subdivision that provides 9-1-1 administrative
services.
(2)
9-1-1 Call Delivery - Delivery of a 9-1-1 call to the agency
responsible for providing the emergency service required.
(3)
9-1-1 Call Taking Position - Equipment acquired with 9-1-1
funds to answer the delivery of an emergency 9-1-1 call. The position is defined
as the equipment necessary to answer the call, not the associated personnel.
A position consists of a device for answering the 9-1-1 calls, a device to
display 9-1-1 call information, and the related telephone circuitry and computer
and/or router equipment necessary to ensure reliable handling of the 9-1-1
call.
(4)
9-1-1 Database - An organized collection of information,
which is typically stored in computer systems that are comprised of fields,
records (data), and indexes. In 9-1-1, such databases include master street
address guides (MSAG), telephone numbers, emergency service numbers (ESN),
and telephone customer records. This information is used for the delivery
of location information to a designated public safety answering point (PSAP).
Use of the 9-1-1 database must be authorized by the Commission and RPC. The
database is developed and maintained by the local government agency and/or
the RPC as described within the regional strategic plan in accordance with
Commission Rule 251.9, Guidelines for Database Maintenance Funds.
(5)
9-1-1 Database Record - A physical record, which includes
the telephone subscriber information to include the caller's telephone number,
related location information, and class of service, and also conforms to NENA
adopted database standards.
(6)
9-1-1 Equipment and Services - Equipment and services 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 wireline or wireless call to an appropriate
PSAP, including equipment to maintain the database.
(7)
9-1-1 Funds - Funds assessed and disbursed in accordance
with the Texas Health and Safety Code, Chapter 771.
(8)
9-1-1 Governmental Entity - An RPC or District, as defined
in Texas Health and Safety Code Chapter 771.001, and Chapter 772, Subchapter
B, C, D, or F that administers the provisioning of 9-1-1 service.
(9)
9-1-1 Governmental Entity Jurisdiction - As defined in
applicable law, Texas Health and Safety Code Chapters 771 and 772, the geographic
coverage area in which a 9-1-1 Governmental Entity provides emergency 9-1-1
service.
(10)
9-1-1 Network - The dedicated network of equipment, circuits,
and controls assembled to establish communication paths to deliver 9-1-1 emergency
communications.
(11)
9-1-1 Network Provider - The current operator of the selective
router/switching that provides the interface to the public safety answering
point (PSAP) for 9-1-1 service.
(12)
9-1-1 Operator - The PSAP operator receiving 9-1-1 calls.
(13)
9-1-1 Program Assets - 9-1-1 and Addressing Capital Equipment
purchased with 9-1-1 Funds.
(14)
9-1-1 System - The communications infrastructure, equipment,
and services assembled to establish, extend, or improve communication paths
to deliver voice and/or data necessary for the answering of and response to
a 9-1-1 call.
(15)
Address Maintenance Plan - A plan that identifies a cost
effective program for the maintenance of addressing in a county. For regional
planning commissions (RPC) this plan is part of a regional plan as described
by Chapter 771 of the Texas Health and Safety Code.
(16)
Addressing Completion - A county addressing project that
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 in accordance with Commission
Rule 251.9, Guidelines for Database Maintenance Funds.
(17)
Answering Point - A communications facility established
as an answering location to receive the voice and/or data communications necessary
for the answering of and response to 9-1-1 calls and other emergencies.
(18)
Applicable Law - Includes, but is not limited to, the
State Administration of Emergency Communications Act, Chapter 771, Texas Health
and Safety Code; Commission rules implementing the Act contained in Title
1, Part XII, Texas Administrative Code; the Uniform Grant Management Standards,
Title 1, Sections 5.151 - 5.165, Texas Administrative Code; the Preservation
and Management of Local Government Records Act, Chapter 441, Subchapter J,
Texas Government Code; and amendments to the cited statutes and rules. Also
referred to as "applicable law and rules."
(19)
Automatic Location Identification (ALI) - A system that
enables the automatic display at the PSAP of the caller's telephone number,
the address/location of the telephone, and supplementary emergency services
information.
(20)
Automatic Number Identification (ANI) - A system that
enables the automatic display at the PSAP of the ten-digit number associated
with the device from which a 9-1-1 call originates.
(21)
Call Associated Signaling (CAS) - A method for delivery
of the mobile directory number (MDN) of the calling party plus the emergency
service routing digits (ESRD) from the wireless network through the 9-1-1
selective router to the PSAP. The 20 digits of data delivered are sent either
over Feature Group D (FG-D) or ISUP from the wireless switch to the 9-1-1
router. From the router to the PSAP, the 20-digit stream is delivered using
either Enhanced Multi-Frequency (EMF) or ISDN connections.
(22)
Call Back Number - The mobile directory number (MDN) of
a Wireless End User who has made a 9-1-1 call, which usually can be used by
the PSAP to call back the Wireless End User if a 9-1-1 call is disconnected.
In certain situations, the MDN forwarded to the PSAPs may not provide the
PSAP with information necessary to call back the Wireless End User making
the 9-1-1 call, including, but not limited to, situations affected by illegal
use of Service (such as fraud, cloning, and tumbling) and uninitialized handsets
and non-authenticated handsets.
(23)
Capital Equipment - Items and components that comprise
the technology used to answer and deliver 9-1-1 calls whose cost is over $5,000
and have a useful life of at least one year.
(24)
Capital Equipment Asset - Items and components that comprise
the technology used to deliver and answer 9-1-1 calls whose cost is over $5,000
and which have a useful life of at least one year.
(25)
Capital Replacement Cost - The cost of a piece of equipment
that was originally identified to be amortized (i.e. the original cost for
equipment.)
(26)
Cell Sector - An area, geographically defined by WSP (according
to WSP's own radio frequency coverage data), and consisting of a certain portion
of all of the total coverage area of a Cell Site.
(27)
Cell Sector Identifier - The unique numerical designation
given to a particular Cell Sector that identifies that Cell Sector.
(28)
Cell Site - A radio base station in the WSP Wireless Network
that receives and transmits wireless communications initiated by or terminated
to a wireless handset, and links such telecommunications to the WSP's network.
(29)
Cell Site/Sector Information - Information that indicates,
to the receiver of the information, the location of the Cell Site receiving
a 9-1-1 call initiated by a Wireless End User, and which may also include
additional information regarding a Cell Sector.
(30)
Class of Service - A standard acronym, code or abbreviation
of the classification of telephone service of the Wireless End User, such
as WRLS (wireless), that is delivered to the PSAP CPE.
(31)
Commission on State Emergency Communications (CSEC) -
Also referred to as the Commission.
(32)
Competitive Local Exchange Carrier or Certified Local
Exchange Carrier (CLEC) - Another name for a local exchange carrier (LEC)
after Congress, in 1996, passed a law to bring competition to local telephone
services.
(33)
Contingency Routing Plan - Routing scheme to provide for
the provision of uninterrupted 9-1-1 service in the event of an incident that
requires the temporary rerouting of 9-1-1 calls due to man-made or natural
disasters.
(34)
Contract for 9-1-1 Services (Contract) - An agreement
executed between the regional planning commission (RPC) and the Commission
that establishes the responsibilities of each of the parties regarding the
use of all 9-1-1 fees, equipment and data.
(35)
Controlled Equipment - Items and components that comprise
the technology used to answer and deliver 9-1-1 calls whose cost is less than
$5,000 and have a useful life of at least one year. Used at the discretion
of the RPC for items that tracking is deemed necessary.
(36)
Customer Premise Equipment (CPE) - The terminal equipment
at a PSAP or secondary answering location.
(37)
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 location
information, data sets related to emergency service provider boundaries, as
well as other associated data.
(38)
Emergency Communications District (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, Subchapters B, C, D, or E.
(39)
Emergency Notification Services - A service or system
that provides local governmental entities the ability to notify citizens of
a warning or alert regarding emergency situations which may jeopardize human
life or property. Emergency notification services can utilize multiple methods
of transmission to include voice technologies via telephone systems; data
technologies via facsimile; e-mail, Internet services and paging systems;
and broadcast technologies via television, radio, or Internet.
(40)
Emergency Service Number (ESN) - A number stored by the
selective router/switch used to route a call to a particular PSAP.
(41)
Emergency Service Routing Digits (ESRD) - As defined in
J-Std-034, an ESRD is a digit string that uniquely identifies a base station,
cell sector, or sector. This number may also be a network routable number
(but not necessarily a dialable number).
(42)
Enhancements - Infrastructure, equipment, personnel and
services funded for certain counties as defined in Commission Rule 251.3,
Use of Revenue in Certain Counties, that would not otherwise be approved for
allocation of 9-1-1 funds as part of the regional strategic plan.
(43)
ESRK - Emergency Service Routing Key (ESRK) is a 10-digit
routable, but not necessarily dialable, number translated from a cell sector
identifier at the SCP that is used by the selective router to route wireless
E9-1-1 calls to the appropriate PSAP. The ESRK is also the search-key for
the mating of data that is provided to a PSAP by different paths, such as
via the voice path and ALI data path. In daily use, the term ESRK is used
to distinguish operational environments where the routing digits are assigned
on a per destination PSAP basis as opposed to a per origination cell sector
basis, which is the strict technical definition of an ESRD.
(44)
FCC - The Federal Communications Commission.
(45)
FCC Order - The Federal Communications Commission Report
and Order and Further Notice of Proposed Rulemaking in CC Docket No. 94-102,
released July 26, 1996, and as amended by subsequent decisions.
(46)
Geographic Information System (GIS) - A system of computer
hardware, software and procedures used to store, analyze, and display geospatial
data and related tabular data in a geographic context to solve complex planning
and management problems in a wide variety of applications.
(47)
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.
(48)
Host ALI Records - Templates from the ALI Database that
identify the Cell Site location and the Call Back Number of the Wireless End
User making a 9-1-1 call.
(49)
Hybrid CAS/NCAS - This method for wireless E9-1-1 call
delivery uses a combination of CAS and NCAS techniques to deliver the location
and call back numbers to a PSAP. The MSC sends the location and call back
information to a selective router using the standard CAS interface defined
in J-Std-034. The selective router then uses an NCAS approach to deliver the
information to a PSAP. That is, the selective router sends the location and
call back information to the wireline emergency services database and the
caller's call back number, or MDN, to the PSAP. The MDN is then used as a
key to retrieve the cell/tower information for PSAP display.
(50)
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.
(51)
Integrated Services - Primary or third party computer
software applications that have been installed or implemented on an existing
9-1-1 call taking position's workstation that were not designed or intended
for the workstation at the time of purchase or not loaded onto the workstation
by the equipment vendor when originally installed at the PSAP.
(52)
Integrated TDD - the TDD has been incorporated into the
CPE equipment.
(53)
Interlocal Agreement - A contract cooperatively executed
between local governments or other political subdivisions of the state to
perform administrative functions or provide services, relating to 9-1-1 telecommunications.
(54)
J-Std-034 - A standard, jointly developed by the Telecommunications
Industry Association (TIA) and the Alliance for Telecommunications Industry
Solutions (ATIS), to provide the delta changes necessary to various existing
standards to accommodate the Phase I requirements. This standard identifies
that the interconnection between the mobile switching center (MSC) and the
9-1-1 selective router/switch is via:
(A)
an adaptation of the Feature Group-D Multi Frequency (FG-D
protocol), or
(B)
the use of an enhancement to the Integrated Services Digital
Network User Part (ISUP) Initial Address Message (IAM) protocol. In this protocol,
the caller's location is provided as a ten-digit number referred to as the
emergency services routing digits (ESRDs). The protocol NENA-03-002, Recommendation
for the Implementation of Enhanced Multi Frequency (MF) Signaling, E9-1-1
Tandem to PSAP, is the corollary of J-Std-034 FG-D protocol.
(55)
J-Std-036 - A standard, jointly developed by the Telecommunications
Industry Association (TIA) and the Alliance for Telecommunications Industry
Solutions (ATIS), that defines standards for E9-1-1 service relating to CAS,
NCAS wireless E9-1-1 solutions, and to make provision for introduction of
location determination technology for Phase II delivery of wireless E9-1-1
calls. Additional proposed solutions such as Hybrid are not referenced. Standards
include, but are not limited to, required data elements, and signaling protocols.
J-Std-034 addresses E9-1-1 Phase I, and J-Std-036 addresses E9-1-1 Phase II.
(56)
Local Exchange Carrier (LEC) - A Telecommunications Carrier
(TC) under the state/local Public Utilities Act that provides local exchange
telecommunications services. Also known as Incumbent Local Exchange Carriers
(ILECs), Alternate Local Exchange Carriers (ALECs), Competitive Local Exchange
Carriers (CLECs), Competitive Access Providers (CAPs), Certified Local Exchange
Carriers (CLECs), and Local Service Providers (LSPs).
(57)
Local Government - A county, municipality, public agency,
or any other political subdivision that provides, participates in the provision
of, or has authority to provide fire-fighting, law enforcement, ambulance,
medical, 9-1-1, or other emergency services and/or addressing functions.
(58)
Local Monitoring Plan - The RPC schedule for monitoring
all interlocal contracts, 9-1-1 funded activities, equipment, PSAPs, and subcontractors.
(59)
Local Number Portability (LNP) - A process by which a
telephone number may be reassigned from one Local Exchange Carrier to another.
(60)
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.
(61)
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 Chapter 771 of the Texas
Health and Safety Code.
(62)
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.
(63)
Mobile Directory Number (MDN) - A 10-digit dialable directory
number used to call a Wireless Handset.
(64)
Mobile Switching Center (MSC) - A switch that provides
stored program control for wireless call processing.
(65)
NENA - The National Emergency Number Association, a not-for-profit
corporation founded to further the national goal of "One Nation, One Number."
(66)
NENA 02-010 - A standard set of formats and protocols
for the Automatic Location Identification (ALI) data exchange between service
providers and Enhanced 9-1-1 systems, developed by the NENA Data Standards
Subcommittee.
(67)
NENA 03-002 - A standard, or technical reference, developed
by the NENA Network Technical Committee, to provide recommendations for the
implementation of Enhanced Multi Frequency (MF) Signaling, E9-1-1 Tandem to
PSAP. The J-Std-034 FG-D protocol, referenced in paragraph (25) of this subsection,
is the corollary protocol of NENA 03-002.
(68)
Non-Callpath Associated Signaling (NCAS) - This method
for wireless E9-1-1 call delivery delivers routing digits over existing signaling
protocol, including commonly applied CAMA trunking into and out of selective
routers or SS7 into selective routers. The voice call is set up using the
existing interconnection method that the wireline company uses from an end
office to the router and from the router to the PSAP. The ANI delivered with
the voice call is an emergency service routing key (ESRK), not a MDN. Where
SS7 signaling (or other facility with 20-digit signaling capability) is in
place, the MDN as well as the ESRK may be delivered over the voice path. All
data, including the MDN and cell sector that receives the call, is delivered
to the PSAP via the data path within the ALI record.
(69)
Non-Recurring Charge (NRC) - The amount of cost identified
as the entire lump sum, or one time, cost for 9-1-1 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.
(70)
Paging Systems - A radio system capable of transmitting
tone, digital, and/or voice signals to small receiving devices designed to
be carried by an individual.
(71)
Phase I E9-1-1 Service Area(s) - Those geographic portions
of a 9-1-1 Governmental Entity Jurisdiction in which WSP is licensed to provide
Service.
(72)
Power Backup - Power provided by a generator in the event
regular utility services are interrupted.
(73)
Private Switch Emergency Service (PS9-1-1) - A service
offering which enables either ANI or ALI to be provided to a PSAP when a 9-1-1
call originates from Direct Inward Dialing (DID) stations served by a private
switch, e.g., a PBX. PS9-1-1 is offered to governmental entities such as RPCs,
Districts, counties, and cities that provide emergency response services.
(74)
Public Safety Answering Point (PSAP) - A 24-hour communications
facility established as an answering location for 9-1-1 calls originating
within a given service area, as further defined in applicable law Texas Health
and Safety Code, Chapters 771 and 772.
(A)
Primary PSAP (P-PSAP) - A facility equipped and staffed
with the ability to extend, receive, answer, transfer or relay to the appropriate
public safety response agencies 9-1-1 calls. The P-PSAP must be in service
24 hours per day, 7 days per week, 365 days per year and meet the criteria
of subsection (f) of this section.
(B)
Secondary PSAP (S-PSAP) - A PSAP to which 9-1-1 calls are
transferred or relayed from a P-PSAP, which may operate less than 24 hours
per day, but which has the ability to extend, receive, answer, transfer or
relay 9-1-1 calls and which meets the criteria of subsection (f) of this section.
(C)
Remote PSAP - Equipment located at an emergency service
responder's facility that is capable of conveying call information via printer,
fax, or telephone and used as a means of call delivery.
(D)
Mobile PSAP - An answering location, usually temporary,
for receiving 9-1-1 calls originating within a given service area which is
capable of and intended to be easily moved or relocated.
(75)
Redundant Equipment and Services - Duplication of components
running in parallel to increase reliability.
(76)
Regional Planning Commission (RPC) - A commission established
under Local Government Code, Chapter 391, also referred to as a regional council
of governments.
(77)
Regional Strategic Plan - A plan developed by each RPC
for the establishment and operation of 9-1-1 service throughout the region
that the RPC serves. The service and contents must meet the standards established
by the Commission.
(78)
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.
(79)
Security Devices - Devices whose use is specific to the
protection of 9-1-1 systems from intentional damage.
(80)
Selective Router - A switching office placed in front
of a set of PSAPs that allows the networking of 9-1-1 calls based on the ESRD
assigned to the call.
(81)
Selective Router Tandem (SR) - A switching office placed
in front of a set of PSAPs that allows the routing of 9-1-1 calls to the proper
PSAP.
(82)
Service Control Point (SCP) - A centralized database system
used for, among other things, wireless Phase I E9-1-1 Service applications.
It specifies the routing of 9-1-1 calls from the Cell Site to the PSAP. This
hardware device contains special software and data that includes all relevant
Cell Site locations and Cell Sector Identifiers.
(83)
Service Provider - A company providing a telephone service
or a commercial mobile radio service (CMRS) to a service user.
(84)
Stand-Alone TDD - a separate TDD unit that is not connected
to the CPE.
(85)
Standard Wireless E9-1-1 Service Agreement - The standard
Phase I and/or Phase II Wireless E9-1-1 Service Agreement, as applicable,
provided by the Commission and available on the Commission's web site.
(86)
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.
(87)
Surge Protection Devices - Devices designed to protect
sensitive electronic equipment by preventing excessive electrical power from
reaching and damaging such equipment.
(88)
Tangible Assets - Only those items that are tangible may
be considered for capital costs. Tangible assets include, but are not limited
to, any capital equipment such as the ANI/ALI Controllers, answering position
units, integrated workstations, addressing computers, GIS workstations, plotters,
or any other technical piece of equipment.
(89)
TDD - the acronym for Telecommunication Device for the
Deaf. Other interchangeable acronyms accepted are TTY (Teletypewriter) or
TT (Text Telephone).
(90)
TDD Detectors - monitor incoming trunks for TDD tones.
Upon detection, a response sequence begins. A built-in recording provides
a repeating voice announcement, "TDD Call," to the telecommunicator. A message
is sent to the TDD caller (such as "9-1-1 Please Hold"). The telecommunicator
then utilizes a TDD to communicate.
(91)
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.
(92)
Uniform Grant Management Standards (UGMS) - As developed
by the Governor's Office of Budget, Planning and Policy, January 1999, under
the authority of Chapter 783 of the Texas Government Code.
(93)
Uninitialized Call - Any wireless E9-1-1 call from a wireless
handset which, for any reason, has either not had service initiated or authenticated
with a legitimate WSP.
(94)
Uninterrupted Power Source (UPS) - 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
electrical power sources fail.
(95)
Useful Life - The period of time that a piece of capital
equipment can consistently and acceptably fulfill its' service or functional
assignment.
(96)
Vendor - A third party used by either the 9-1-1 Governmental
Entity or WSP to provide services.
(97)
Wireless 9-1-1 Call - A call made by a wireless end user
utilizing a WSP wireless network, initiated by dialing "9-1-1" (and, as necessary,
pressing the "Send" or analogous transmitting button) on a Wireless Handset.
(98)
Wireless E9-1-1 Phase I Service - The service by which
the wireless service provider (WSP) delivers to the designated PSAP the wireless
end user's call back number and cell site/sector information when a wireless
end user has made a 9-1-1 call, as contracted by the 9-1-1 administrative
entity.
(99)
Wireless E9-1-1 Phase II Service - The service by which
the WSP delivers to the designated PSAP the wireless end user's call back
number, cell site/sector information, as well as X, Y (longitude, latitude)
coordinates to the accuracy standards set forth in the FCC Order.
(100)
Wireless Service Provider (WSP) - The wireless service
provider and all its affiliates, collectively referred to as "WSP."
(101)
WSP Subscribers - Wireless telephone customers who subscribe
to the Service of WSP and have a billing address within a 9-1-1 Governmental
Entity Jurisdiction.
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 February 23, 2004.
TRD-200401249
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §254.1
The Commission on State Emergency Communications (CSEC) proposes
new Chapter 254 and §254.1, concerning operations and funding of Poison
Control Centers.
Health and Safety Code, Chapter 777, sections 777.001(b) and 777.009(B)
require that CSEC jointly adopt rules regarding Poison Control Centers with
the Texas Department of Health (TDH). The TDH has repealed and adopted new
rules pertaining to the Poison Control Centers. At the direction of the Office
of Attorney General, CSEC must post and adopt its own rule to mirror the intent
and language of the TDH rules.
Paul Mallett, 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. Mallett 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
this section will be increased clarity and ease of understanding the rules.
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 rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Paul Mallett, Executive Director, Commission on State Emergency
Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.
The new section is proposed under Health and Safety Code, Chapter
777, §§777.001(b) and 777.009(B), which require that CSEC jointly
adopt rules regarding Poison Control Centers with the TDH.
No other statutes, articles or codes are affected by the proposed new section.
§254.1.Operations and Funding of Poison Control Centers.
(a)
Purpose. Health and Safety Code, Chapter 777, and TAC 5,51,
provide the Texas Department of Health (Department) and the Commission on
State Emergency Communications (Commission) with the authority to establish
a program to award grants to fund a network of regional poison control centers.
(b)
Background. The Commission and the Department shall adopt
a statewide telecommunications network plan. The plan may establish phased
implementation of the network. The plan shall consider the following:
(1)
uniform statewide 800-service availability for community
and professional access for poison information and referral;
(2)
direct access from Public Safety Answering Points to Poison
Control Answering Points for emergency calls; and
(3)
other features as appropriate and identified by this section.
(c)
As required by Health and Safety Code, section 777.001,
the Texas Health and Human Services (HHS) regions shall define the service
areas for the Poison Control Answering Points, except where telecommunications
network design would greatly increase the cost of routing the system. The
regions are as follows:
(1)
The University of Texas Medical Branch at Galveston - HHS
Regions 5 and 6;
(2)
The Dallas County Hospital District/North Texas Poison
Center - HHS Regions 3 and 4;
(3)
The University of Texas Health Science Center at San Antonio
- HHS Regions 8 and 11;
(4)
R.E. Thomason General Hospital, El Paso County Hospital
District - HHS Regions 9 and 10;
(5)
Northwest Texas Hospital, Amarillo Hospital District -
HHS Regions 1 and 2; and
(6)
Scott and White Memorial Hospital, Temple - HHS Region
7.
(d)
Eligibility for funding.
(1)
The entities eligible to request funding are the regional
poison control centers for the state, designated under the Health and Safety
Code, Chapter 777, as follows:
(A)
University of Texas Medical Branch at Galveston;
(B)
Dallas County Hospital District/North Texas Poison Center;
(C)
University of Texas Health Science Center at San Antonio;
(D)
R.E. Thomason General Hospital, El Paso County Hospital
District;
(E)
Northwest Texas Hospital, Amarillo Hospital District; and
(F)
Scott and White Memorial Hospital, Temple.
(2)
In accordance with Health and Safety Code, Section 777.009,
and TAC 5.52, each poison control center must be certified by the American
Association of Poison Control Centers (AAPCC) until a statewide system certification
is achieved. The Commission and Department shall work together with the AAPCC
to certify the statewide poison control network and/or individual centers
as required.
(e)
Funding criteria. As required by TAC 5.52, applicants must
meet all of the goals and objectives outlined in the annual Request for Proposals,
including:
(1)
the need of the region based on population served for poison
control services, and the extent to which the grant would meet the identified
need;
(2)
a four-year strategic plan assuring provision of quality
service;
(3)
a demonstration that the Poison Control Answering Point
is working toward achieving and/or maintaining certification as a poison control
center with the AAPCC; and
(4)
the availability of other funding sources; the maintenance
of effort; and the development or existence of telecommunications systems.
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 February 23, 2004.
TRD-200401317
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §255.1
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §255.1, concerning the statewide equalization surcharge.
This action is proposed 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.
CSEC proposes to re-adopt the rule with amendments to do rounding and address
the issue of when there is not separate billing for intrastate long distance
service in the manner provided by the Texas Tax Code.
Paul Mallett, 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. Mallett 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 the
amendment will be greater consistency with the Tax Code provisions on rounding
and when intrastate long-distance service is not separately billed. While
no historical data is available, 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.
Comments on the amendment must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: Paul Mallett, Executive Director, 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, §§771.001(4), 771.051, and 771.072.
No other statutes, articles or codes are affected by the proposed amendment.
§255.1.Statewide 9-1-1 Equalization Surcharge.
An equalization surcharge is established in the amount of 6/10 of 1%
(0.60%),
Rounding of the surcharge shall be in compliance with Texas
Tax Code Ann. Section 151.053(a)
[
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 February 23, 2004.
TRD-200401250
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §255.2
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §255.2, concerning the definition of intrastate long
distance service.
This action is proposed 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.
CSEC proposes to re-adopt the rule with amendments to clarify that the
storage, processing or reception and processing of data or information that
is used to provide voice communication services is included in intrastate
long-distance service.
Paul Mallett, 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. Mallett 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 the
amendment will be more specificity and clarification on the definition and
its application. While no historical data is available, 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.
Comments on the amendment must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: Paul Mallett, Executive Director, 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, §§771.001(4), 771.051, and 771.072.
No other statutes, articles or codes are affected by the proposed amendment.
§255.2.Definition of Intrastate Long-Distance Service.
Intrastate long-distance service means intrastate interexchange electronic
or electrical transmission, conveyance, routing, or reception of sounds, signals,
data or information utilizing wires, cable, radio waves, microwaves, satellites,
fiber optics, or any other methods now in existence or that may be devised.
The storage of data or information for subsequent retrieval or the processing
or reception and processing of data or the information intended to change
its form or content are not included in intrastate long-distance service
; however, the storage, processing or reception and processing of data or
information that is used to provide voice communication services is included
in intrastate long-distance service
.
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 February 23, 2004.
TRD-200401251
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §255.4
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §255.4, concerning the definition of a local exchange
access line and an equivalent local exchange access line.
This action is proposed 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, and in accordance
with Health and Safety Code, Chapter 771, 771.063, which provides for CSEC
to annually review the definitions of a local exchange access line and an
equivalent local exchange access line to address technical and structural
changes in the provision of telecommunications and data services. The rule
continues to be essential to the CSEC's operations and per statutory authority.
CSEC proposes to re-adopt the rule with amendments to delete the reference
to the federal subscriber line charge and replace it with individual telephone
numbers and specifically include lines that provide local voice-capable service
that may not be included under the current definition (e.g., service provided
using Voice over Internet Protocol technology).
Paul Mallett, 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. Mallett 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 the
amendment will be more specificity and clarification on the definition and
its application. While no historical data is available, 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.
Comments on the amendment must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: Paul Mallett, Executive Director, 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, 771.063, 771.071, and 771.0711.
Other statutes, articles or codes affected by the proposed amendment are
Health and Safety code, Chapter 772, §§772.114, 772.214, 772.314,
and 772.403.
§255.4.Definition of a Local Exchange Access Line or an Equivalent Local Exchange Access Line.
The term "local exchange access line" or "equivalent local exchange
access line" means
each individual telephone number from blocks of numbers
assigned by the North American Numbering Plan Administrator associated with
any telephone line or service
,
[
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 February 23, 2004.
TRD-200401252
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
1 TAC §255.5
The Commission on State Emergency Communications (CSEC) proposes
an amendment to §255.5, concerning the optional use of an uncollectible
factor in the remittance of 9-1-1 revenue.
The Commission proposes to re-adopt 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 proposed
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.
Paul Mallett, executive director, has determined that for the first five-year
period the rule is in effect there will be no effect on state or local government
as a result of enforcing the amendment of the rule.
Mr. Mallett 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 proposed amendment is a clear understanding of the rule as a result of
statutory changes. While no historical data is available, 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.
Comments on the amendment must be submitted in writing within 30 days after
publication of the proposal in the
Texas Register
to: Paul Mallett, Executive Director, 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, §§771.071, 771.072, and 771.073.
No other statutes, articles or codes are affected by the proposed amendment.
§255.5.Optional Use of an Uncollectible Factor.
(a)
The procedure for telephone companies or interexchange
carriers who wish to utilize an uncollectible factor in the remittance of
9-1-1 revenues follows. This policy should apply only in situations where
a company is remitting 9-1-1 revenues based on total billed 9-1-1 service
fees or 9-1-1 equalization surcharges, less an uncollectible factor. The following
should be used to compute the remittance of the 9-1-1 revenues:
(1)
The amount of the customer's 9-1-1 emergency service fees
actually billed by the company for the month;
(2)
If applicable, less the amount of 9-1-1 emergency service
fees adjusted due to error(s) in billing of 9-1-1 fees or surcharges; if any,
and/or specific refusals by telephone subscribers to pay customer's 9-1-1
emergency service fees, if any;
(3)
Less an uncollectible factor, if any, as set forth in subsection
(b) (1) and (2) of this section; and
(4)
Less
than
[
(b)
The uncollectible factor referred to in subsection (a)(3)
of this section shall be computed by the company using the following method.
(1)
For a specified period each year (e.g., quarterly, semi-annually),
the company will examine its local exchange access or interexchange billing
uncollectible for the preceding months and determine the mean average percentage
uncollectible for that period. The uncollectible amount used in this calculation
is the current period's uncollectible less amounts recovered from the previous
period's uncollectibles.
(2)
The company will begin using said mean average percentage
uncollectible as the uncollectible factor to be applied in subsection (a)(3)
of this section as of the first month in the next succeeding specified time
frame (e.g., quarterly, semiannually).
(3)
The company will provide the [
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 February 23, 2004.
TRD-200401253
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-6933
or
] federal law
, or
Subchapter H of this chapter
.
postmarked
]
no later than January 31 of each
calendar
year.
Part 4.
OFFICE OF THE SECRETARY OF STATE
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 122.
FACILITIES PLANNING Space in ] State [ -Leased or ] Owned Facilities Under the Commission's Control.
Under the Commission's Control
] Requests for allocation,
relinquishment, or modification of space in [
state-leased and owned
]
facilities under the
Commission's
[
commission's
] control
shall be made in writing to the
Commission's
[
commission's
] director of Facilities Construction and Space Management Division
by the agency head or designee of the requesting agency.
(B)
] Identification of action requested
to include: the desire to occupy, add, relinquish, and/or modify state-owned
[
or leased
] space; [
lease new space; modify, renew, extend,
or terminate current lease contract (include lease number.)
]; or other;
(C)
] Function of occupying agency
program to include: direct delivery client service or administrative office;
laboratory; warehouse; storage; print shop; boat storage; parking space; or
other;
(D)
] Desired location to include:
current facility; different facility; city; special location factors; or other;
(E)
] Term of need to include: short-term
(48 months or less) or long-term (specify duration); date occupancy or action
is needed; and/or other critical schedule factors;
(F)
] Present occupancy status of
subject agency program describing whether the unit is now housed in state-owned
(name and address of facility), state-leased, or not housed; present lease
number; number of current FTEs;
and agency's current Space Allocation
[
usable square feet occupied
];
(G)
] Special conditions related
to critical agency functions that require facility services beyond regular
business hours, or other; and
(H)
] Requesting agency contact
and telephone and fax numbers for agency program requiring space or modification.
commission
] will
grant or deny a request in writing.
In allocating space in state-owned facilities, priority shall be given to
agencies receiving a greater share of operation expense funds from the General
Revenue Fund.
]
Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS
The following
words and terms, when used in this section, shall have the following meanings,
unless the context clearly indicates otherwise.
]
(1)
9-1-1 Call Taking Position
- Equipment acquired with 9-1-1 funds to answer the delivery of an emergency
9-1-1 call. The position is defined as the equipment necessary to answer the
call, not the associated personnel. A position consists of a device for answering
the 9-1-1 calls, a device to display 9-1-1 call information, and the related
telephone circuitry and computer and/or router equipment necessary to ensure
reliable handling of the 9-1-1 call.]
(2)
9-1-1 Database - An organized
collection of information, which is typically stored in computer systems that
are comprised of fields, records (data), and indexes. In 9-1-1, such databases
include master street address guides (MSAG), telephone numbers, emergency
service numbers (ESN), and telephone customer records. This information is
used for the delivery of location information to a designated public safety
answering point (PSAP). Use of the 9-1-1 database must be authorized by the
Commission and RPC. The database is developed and maintained by the local
government agency and/or the RPC as described within the regional strategic
plan in accordance with Commission §251.9 of this title (relating to
Guidelines for Database Maintenance Funds).]
(3)
9-1-1 Equipment and Services
- Equipment and services 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 wireline
or wireless call to an appropriate PSAP.]
(4)
9-1-1 Network - The dedicated
network of equipment, circuits, and controls assembled to establish communication
paths to deliver 9-1-1 emergency communications.]
(5)
9-1-1 Funds - Funds assessed
and disbursed in accordance with the Texas Health and Safety Code, Chapter
771.]
(6)
Automatic Location Identification
(ALI) - A system that enables the automatic display at the PSAP of the caller's
telephone number, the address/location of the telephone, and supplementary
emergency services information.]
(7)
Automatic Number Identification
(ANI) - A system that enables the automatic display at the PSAP of the ten-digit
number associated with the device from which a 9-1-1 call originates.]
(8)
Capital Equipment Asset -
Items and components that comprise the technology used to deliver and answer
9-1-1 calls whose cost is over $5,000 and which have a useful life of at least
one year.]
(9)
Contingency Routing Plan -
Routing scheme to provide for the provision of uninterrupted 9-1-1 service
in the event of an incident that requires the temporary rerouting of 9-1-1
calls due to man-made or natural disasters.]
(10)
Local Monitoring Plan - The
RPC schedule for monitoring all interlocal contracts, 9-1-1 funded activities,
equipment, PSAPs, and subcontractors.]
(11)
Public Safety Answering Point
(PSAP) - A 24-hour communications facility established as an answering location
for 9-1-1 calls originating within a given service area, as further defined
in applicable law Texas Health and Safety Code, Chapters 771 and 772.]
(A)
Primary PSAP (P-PSAP) - A facility equipped
and staffed with the ability to extend, receive, answer, transfer or relay
to the appropriate public safety response agencies 9-1-1 calls. The P-PSAP
must be in service 24 hours per day, 7 days per week, 365 days per year and
meet the criteria of subsection (f) of this section.]
(B)
Secondary PSAP (S-PSAP) - A PSAP to which 9-1-1
calls are transferred or relayed from a P-PSAP, which may operate less than
24 hours per day, but which has the ability to extend, receive, answer, transfer
or relay 9-1-1 calls and which meets the criteria of subsection (f) of this
section.]
(C)
Remote PSAP - Equipment located at an emergency
service responder's facility that is capable of conveying call information
via printer, fax, or telephone and used as a means of call delivery.]
(D)
Mobile PSAP - An answering location, usually
temporary, for receiving 9-1-1 calls originating within a given service area
which is capable of and intended to be easily moved or relocated.]
(12)
Redundant Equipment and Services
- Duplication of components running in parallel to increase reliability.]
(13)
Regional Planning Commission
(RPC) - A commission established under Local Government Code, Chapter 391,
also referred to as a regional council of governments.]
(14)
Regional Strategic Plan -
A plan developed by each RPC for the establishment and operation of 9-1-1
service throughout the region that the RPC serves. The service and contents
must meet the standards established by the Commission.]
(15)
Selective Router Tandem (SR)
- A switching office placed in front of a set of PSAPs that allows the routing
of 9-1-1 calls to the proper PSAP.]
(16)
TDD/TTY - A Telecommunication
Device for the Deaf (TDD) or Teletypewriter (TTY) or Text Telephone (TT).]
(17)
Wireless Phase I E9-1-1 Service
- The service by which the wireless service provider (WSP) delivers to the
designated PSAP the wireless end user's call back number, cell site/sector
information in accordance with Commission §251.10 of this title (relating
to Guidelines for Implementing Wireless E9-1-1 Service).]
§
] 251.4
,
[
of this title (relating
to
] Guidelines for the Provisioning of Accessibility Equipment [
)
];
§
] 251.6
,
[
of this title) relating
to
] Guidelines for Strategic Plans, Amendments, and Revenue Allocation
[
)
].
§
] 251.6
,
[
of this title
]
Guidelines for Strategic Plans, Amendments, and Revenue Allocation
.
If additional funding is required for the additional position(s), the request
shall be submitted to the Commission for consideration and approval in accordance
with
Commission Rule
[
§
] 251.6
,
[
of this title
]
Guidelines for Strategic Plans, Amendments, and
Revenue Allocation
. Each PSAP shall be equipped with adequate call taking
positions to meet anticipated call volume. Factors that may be considered
in determining the proper number of positions include:
§
] 251.12
,
[
of this title (relating
to
] Contracts for 9-1-1 Services [
)
].
§
] 251.8
,
[
of this title (relating to
] Guidelines for the Procurement
of Equipment and Services with 9-1-1 funds [
)
].
§
]
251.5
,
[
of this title (relating to
] Guidelines for 9-1-1
Equipment Management and Disposition [
)
]. Any integration of expanded
third-party applications onto a call taking position must be in accordance
with Commission
Rule
[
§
] 251.7
,
[
of this title (relating to
] Guidelines for Implementing Integrated Services
[
)
]. If changes or extensions of 9-1-1 service occur, the RPC is
to administer and report them in accordance with Commission
Rule
[
§
] 251.2
,
[
of this title (relating to
] Guidelines
for Changing or Extending 9-1-1 Service Arrangements [
)
].
§
] 251.11
,
[
of
this title (relating to
] Monitoring Policies and Procedures [
)
].
(a)
]
Background
[
Policy and Procedures
]. As authorized by the Texas Health and Safety
Code, Chapter 771 the [
Advisory
] 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 §771.055, 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
771.057 addresses amendments to regional plans and indicates that such amendments
may be adopted in accordance with procedure established by the Commission.
(b)
] Strategic Plan Levels. Regional
strategic plans developed in accordance with Chapter 771, along with the commensurate
allocation of the above described funds, shall reflect implementation consistent
with the following three major strategic plan levels (in order of priority)
through state fiscal year 2003
-2004
.
(1)
Level I: The equipment, network
and database equipment and/or services that provide the essential elements
of 9-1-1 service, including the maintenance and replacement of equipment.
]
(A)
Network; ]
(B)
Wireless Phase I; ]
(C)
Database; ]
(D)
Equipment;]
(E)
Language Line;]
(F)
Equipment maintenance.]
(2)
Level II: The activities,
equipment, and/or services that directly support and enhance 9-1-1 call delivery
and data maintenance for the level of service provided to the region. ]
(A)
Addressing Maintenance; ]
(B)
Graphic MSAG;]
(C)
MIS;]
(D)
Mapped ALI; ]
(E)
PSAP Room Prep; ]
(F)
PSAP Training/Public Education; and ]
(G)
Wireless Phase II.]
(3)
Level III: The activities,
equipment, and/or services that provide auxiliary enhancements to the delivery
of 9-1-1 calls and the level of service provided to the region.]
(A)
Network Diversity;]
(B)
Training Positions;]
(C)
Emergency Power; ]
(D)
Recorders; ]
(E)
Pagers;]
(F)
Ancillary Maintenance & Repair; and ]
(G)
Other.]
(c)
] New Strategic Plan Levels.
Regional strategic plans developed in accordance with Chapter 771, along with
the commensurate allocation of the above described funds, shall reflect implementation
consistent with the following three major strategic plan levels (in order
of priority) beginning state fiscal year 2004.
(D)
Equipment Lease;]
(E)
Equipment Purchase;]
(F)
] Language Line;
(G)
] Equipment maintenance.
(B)
] MIS;
(C)
] Mapped ALI;
(D)
] PSAP Room Prep;
(E)
] PSAP Training
/
[
;
]
(F)
]
Public Education; and
(d)
] Strategic Plans. Regional strategic
plans developed in compliance with Chapter 771 shall include a strategic plan
that projects regional 9-1-1 service costs, at least two years into the future;
and program goals and strategies at least five years into the future.
(b)
] (1), (2) and (3) of this section, and all applicable Commission
policies and rules.
regional planning commission
]
shall submit financial and performance reports at least quarterly on a schedule
to be established by the Commission. The financial report shall identify actual
implementation costs by county, strategic plan priority level and component.
The performance report shall be submitted along with each financial report
requesting 9-1-1 funds and shall reflect the progress of implementing the
region's strategic plan, including the status of equipment, services and program
deliverables, in a format to be determined by the Commission.
(e)
] Amendments to Regional Strategic
Plans.
regional planning commission
]
may make changes to its approved regional strategic plan to accommodate unanticipated
requirements
, fund use of revenue in certain counties as described in
Commission Rule 251.3, Use of Revenue in Certain Counties,
and/or to
prevent disruption of its implementation schedule, contingent upon compliance
with all Commission policies and procedures.
(f)
] Allocation of Revenue.
regional planning commissions
]
contingent on the availability of appropriated funds.
regional planning commissions
] based upon statewide strategic plan contingent
on the availability of appropriated funds over a two-year period.
district
] requests and availability of appropriated funds.
regional planning commission
] strategic
plan and
District
[
district
] requests, funds shall be
allocated to provide a consistent level of 9-1-1 service throughout the State
of Texas in accordance with the priority levels described. Such allocation
methods may include, but are not limited to, one or more of the following:
(g)
] Funding Parameters. The Commission
will look favorably on plan amendments for tandem and/or database service
arrangements and ancillary equipment that will improve the effectiveness and
reliability of 9-1-1 call delivery systems. This will include the following
when the equipment is for 9-1-1 call delivery: surge protection devices, uninterrupted
power source (UPS), power backup, voice recorders, paging systems for 9-1-1
call delivery, security devices, and other back-up communication services.
Regional Strategic Plan
], the following
guidelines will apply to determine the amount to be funded by the Commission:
Regional
Strategic Plan
].
(h)
] Emergency Power Equipment.
Each PSAP location should be evaluated by the RPC to determine if an emergency
power system is required to insure the ability to answer 9-1-1 calls in the
event that the standard power supply is interrupted. A PSAP that receives
a relatively small number of emergency calls per day may be able to provide
acceptable service without the availability of ANI or ALI for short periods
of time. If the same PSAP is located in a location that is subject to prolonged
power outages, it may need emergency power sources. Other considerations include:
(i)
Definitions. The following
words and terms when used in this section, shall have the following meanings,
unless the context clearly indicates otherwise. ]
(1)
9-1-1 Call Delivery - Delivery of a 9-1-1 call
to the agency responsible for providing the emergency service required.]
(2)
9-1-1 Funds - Funds assessed and disbursed
in accordance with Chapter 771 of the Texas Health and Safety Code.]
(3)
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 Health and Safety Code,
Chapter 772, Subchapter B, C, or D, Chapter 772.]
(4)
Paging Systems - A radio system capable of
transmitting tone, digital, and/or voice signals to small receiving devices
designed to be carried by an individual.]
(5)
Power Backup - Power provided by a generator
in the event regular utility services are interrupted.]
(6)
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 Recorder - A device that records
and temporarily stores calls for immediate review.]
(7)
Regional Strategic Plan - Each regional planning
commission shall develop and 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 Commission.]
(8)
Regional Planning Commission (RP - A commission
established under Local Government Code, Chapter 391, also referred to as
a regional council of governments (COG), or simply, a regional council.]
(9)
Security Devices - Devices whose use is specific
to the protection of 9-1-1 systems from intentional damage.]
(10)
Strategic Plan - As part of a regional strategic
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 financial
planning period and a five year plan outlining regional goals and strategies,
and specifically projects 9-1-1 implementation costs and revenues associated
with the above including equalization surcharge requirements.]
(A)
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.]
(B)
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.]
(11)
Surge Protection Devices - Devices designed
to protect sensitive electronic equipment by preventing excessive electrical
power from reaching and damaging such equipment.]
(12)
Uninterrupted Power Source (UPS) - 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 electrical power sources fail.]
(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
commission
(RPC)
[
council
] or emergency communication
(District)
[
district
] applying on behalf of a county which [
is
operating 9-1-1 service and
] has completed [
a county
] addressing
[
project
] is considered eligible
for database maintenance
funding
.
(B)
] Interlocal agreements shall
be executed between the
RPC
[
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
RPC
[
regional planning council
]
in conjunction with the approved strategic plan. The maintenance plan shall
provide an overview of all projected activities,
and
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:
]
(E)
]
Annual budgets
[
Budgets
] shall be
submitted
[
developed
] by the
local governments each
biennium with the strategic plan,
[
fiscal year,
] identifying all projected database maintenance expenditures.
These budgets will be reviewed during the strategic plan review process.
(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
RPC
[
regional
planning council
] or
District
[
an emergency communication
district
] must contain the following:
(i)
] Certification of a fully executed
interlocal agreement between the
RPC
[
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
]
RPC
or
a District
[
an emergency communication district
] must submit an database maintenance
budget to the Commission for approval.
County database
[
Database
] maintenance budgets are limited to
approved strategic plan
[
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
RPC
[
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.
(a)
] 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.
[
When used in this rule, the following words and terms shall have the meanings
identified below, unless the context and use of the word or terms clearly
indicates otherwise:
]
(1)
9-1-1 Funds - Funds assessed
and disbursed in accordance with the Texas Health and Safety Code, Chapter
771.]
(2)
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.]
(3)
9-1-1 Governmental Entity
- The 9-1-1 provider as defined in Texas Health and Safety Code, Chapter 771.]
(4)
9-1-1 Governmental Entity
Jurisdiction - As defined in applicable law, Texas Health and Safety Code
Chapters 771 and 772, the geographic coverage area in which a 9-1-1 Governmental
Entity provides emergency 9-1-1 service.]
(5)
Commission on State Emergency
Communications (CSEC) - Also referred to as the Commission.]
(6)
Applicable Law - As defined
in the Contract for 9-1-1 Services, Article 2: Compliance with Applicable
Law. Includes, but is not limited to, the State Administration of Emergency
Communications Act, Chapter 771, Texas Health and Safety Code; Commission
rules implementing the Act contained in Title 1, Part XII, Texas Administrative
Code; the Uniform Grant Management Standards, Title 1, §§5.151 -
5.165, Texas Administrative Code; the Preservation and Management of Local
Government Records Act, Chapter 441, Subchapter J, Texas Government Code;
and amendments to the cited statutes and rules. Also referred to as "applicable
law and rules".]
(7)
Contract for 9-1-1 Services
(Contract - An agreement executed between the Regional Planning Commission
(RPC and the CSEC that establishes the responsibilities of each of the parties
regarding the use of all 9-1-1 fees, equipment and data.]
(8)
Interlocal Agreement - A contract
executed between local governments, Regional Planning Commissions, or other
state political subdivisions, to perform administrative functions or provide
services, such as 9-1-1 telecommunications, cooperatively among themselves.]
(9)
Local Government - A county,
municipality, public agency, or any other political subdivision that provides,
participates in the provision of, or has authority to provide fire-fighting,
law enforcement, ambulance, medical, 9-1-1, or other emergency services and/or
addressing functions.]
(10)
Public Safety Answering Point
(PSAP) - A 24-hour communications facility established as an answering location
for 9-1-1 calls originating within a given service area, as further defined
in applicable law, Texas Health and Safety Code, Chapter 771.]
(11)
Regional Planning Commission
(RPC) - A commission established under Local Government Code, Chapter 391,
also referred to as a council of governments (COG).]
(12)
Strategic Plans - Regional
plans developed in compliance with Chapter 771 shall include a strategic plan
that projects regional 9-1-1 service costs, and service fee and other non-equalization
surcharge revenues at least five years into the future, beginning September
1, 1994. Within the context of Section 771.056(d), the CSEC shall consider
any revenue insufficiencies to represent need for equalization surcharge funding
support.]
(b)
Policy and Procedures. As authorized by
the Texas Health and Safety Code, §771.051 the CSEC shall develop minimum
performance standards for equipment and operation of 9-1-1 service to be followed
in developing regional plans, and 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 CSEC shall examine and
approve or disapprove regional plans submitted by the state's 24 regional
planning commissions (RPCs) as provided by §771.056. Per the Contract,
the Commission reserves the right to perform on-site monitoring of the RPC
and/or its performing local governments or PSAPs for compliance with applicable
law, rules, policies and procedures. Monitoring activities shall provide ACSEC
with the information and data necessary to best assist RPCs and Local Government
in implementing and strengthening the 9-1-1 system in Texas.
]
The CSEC shall monitor, at
least annually, each RPC to assess the agency's administrative, fiscal, contractual,
procurement, inventory, local monitoring, and program activities for compliance
with applicable laws, rules, policies and procedures; and, effectiveness in
implementing E9-1-1 service in its jurisdiction. The ACSEC shall develop procedures
and guidelines by which to conduct all monitoring activities. State
]
Commission
monitoring shall include the following:
CSEC
] Rules,
Policies and Procedures, and especially relating to the rules contained in
Chapter 251 - Regional Plans;
CSEC
] will prepare a written report that describes the findings, and
any possible violations, discovered during a monitoring review.
Commission
[
CSEC
] will complete a written monitoring report within 30
days of the conclusion of the initial monitoring activities, and will provide
the RPC a copy of the report upon completion. The RPC will have opportunity
to respond as outlined in subparagraphs (A)-(F) of this paragraph.
CSEC
] Executive Director
will report a summary of the RPC's final compliance assessment upon completion
of all monitoring activities, reports and RPC responses, along with a recommendation
for acceptance or disapproval. The Commission may act to accept the Executive
Director's recommendation. The Commission will convey its acceptance of responses,
resolutions or recommendations in writing to the RPC within
five
[
5
] working days of any such action.
5
] working days. The RPC shall have 15 working days
in which to provide additional information requested by the Commission.
Commission
[
CSEC
] Executive Director will present any additional
information to the Commission at its next regularly scheduled meeting in conjunction
with appropriate staff review and determination. Final resolution of monitoring
findings shall be communicated to the RPC within
five
[
5
]
working days.
CSEC
] shall communicate any such disallowance
to the RPC within
five
[
5
] working days of Commission
action.
CSEC
]. A review board will make recommendations to the
Commission
[
CSEC
] Executive Director for approval, disapproval, or approval with
modifications, of monitoring exceptions.
The Commission
[
CSEC
] will send the final written determination by the Executive Director
to the RPC within 30 calendar days of the decision. Unless other repayment
plans are made, the RPC must refund all funds due after a final determination
is made by the Executive Director. Failure to comply with this provision will
subject the RPC to the provisions of [
paragraph (5) of
] this subsection.
CSEC
].
CSEC
] staff shall present the plan and staff recommendations
to the Commission at its next regularly scheduled meeting.
5
] working days. In the case of rejection,
this paragraph shall be repeated until resolution is accomplished.
CSEC
] staff shall closely monitor repayment of any disallowed fees through
review of Financial Status Reports, submitted quarterly, to the
Commission
[
CSEC
]. Any discrepancies or irregularities shall be reported
to the
Commission's
[
CSEC
] internal auditor and reported
to the Commission.
(c)
] RPC Monitoring of Interlocal
Agreements and Performance - Per Contract, Article 4. Standard Interlocal
Agreement with Local Governments, each RPC shall execute an agreement between
itself and each of its participating local governments and/or PSAPs in order
to establish responsibilities for implementation of 9-1-1 service, the use
of 9-1-1 funds, and adherence to applicable law and rules. The RPC shall monitor,
at least annually, the performance on these agreements with each of its local
governmental entities.
CSEC
].
CSEC
] -
The
Commission
[
CSEC
] shall require, at a minimum, the
following documentation and information listed in subparagraphs (A)-(C) of
this paragraph.
CSEC
] within the RPC's biannual strategic plan submission, or upon the
Commission's request.
CSEC
] in conjunction with the regularly scheduled
biannual 9-1-1 Strategic Plan submission. Revisions to any such document shall
be submitted to the
Commission
[
CSEC
] in writing as they
occur.
CSEC
] as they are completed and approved by the
RPC Executive Director, according to the local schedule, and shall be submitted
in conjunction to regular
Commission
[
CSEC
] performance
reporting schedules.
Commission
[
CSEC
] shall exercise
its right to conduct monitoring activities as a result of the local monitoring
reports.
Policy and Procedure
].
The Commission shall contract with each RPC for the provision of 9-1-1 services.
Each contract shall substantially conform to the standard contract form, set
forth by way of example in subsection (d) of this section.
CSEC
]), pursuant to Texas Health and Safety
Code Chapter 771, §771.051(a)(7), is charged by the Texas Legislature
to "assist in planning, supporting, and facilitating 9-1-1 databases, as needed."
As such, the
Commission
[
CSEC
] issues this rule to assist
the regional planning commissions (RPCs) and local governments in the proper
planning, supporting, and/or facilitation of the use of the 9-1-1 database
information for emergency notification services.
The following
words and terms, when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise
].
(1)
9-1-1 Database - An organized
collection of information, which is typically stored in computer systems that
are comprised of fields, records (data), and indexes. in 9-1-1, such databases
include master street address guide (msag), telephone number, emergency service
number (esn), and telephone customer records. this information is used for
the delivery of location information to a designated public safety answering
point.]
(2)
9-1-1 Database Provider -
A service provider who maintains the 9-1-1 database for rpcs and/or local
government entities.]
(3)
Emergency Notification Services
- A service or system that provides local governmental entities the ability
to notify citizens of a warning or alert regarding emergency situations which
may jeopardize human life or property. Emergency notification services can
utilize multiple methods of transmission to include voice technologies via
telephone systems; data technologies via facsimile; e-mail, Internet services
and paging systems; and broadcast technologies via television, radio, or Internet.]
(4)
Regional Planning Commission
(RPC) - A commission established under Local Government Code, Chapter 391,
also referred to as a regional council of governments.]
within the CSEC program areas strictly in accordance with this rule
].
The CSEC supports the release of the 9-1-1 database within the
CSEC program areas for the use of emergency notification services under the
conditions that this information is to be used for the purpose of warning
or alerting citizens regarding information in an emergency situation where
property or human life is in jeopardy and maintained as confidential and not
subject to public inspection in accordance with Texas Health and Safety Code, §771.061(a).
Further, it is the intention of CSEC that the current designated 9-1-1 database
provider, RPCs, and CSEC staff cooperate with local government to the fullest
extent possible in accordance with CSEC rules and policy, and state and federal
law for the implementation of emergency notification services.
]
CSEC
] funds
the maintenance of the 9-1-1 database through RPCs, the local government entity,
with the
Commmission
[
CSEC
] program areas, will bear
the full responsibility for the expenses related to the implementation of
emergency notification services and the transfer of data.
The RPC shall submit a written request to the CSEC for
the authorization to use the information. This written request shall contain
an overview of the emergency notification services, the local government entity
requesting the 9-1-1 database and its written request, description of geographic
area utilizing the services, and an interlocal agreement from all parties
that the 9-1-1 database will only be used in emergency situations and will
be kept confidential and not available for public inspection.
]
CSEC
] staff has the
authority to review and approve the written request and shall provide written
authorization once all information is provided.
written
] notification
of approval
[
from
the RPC
].
CSEC
] staff will
maintain an inventory of all requests, including withdrawals of [
RPC
] assistance when the confidentiality of the information is misused.
CSEC
], through its quarterly performance report, on the implementation and
status of any emergency notification services that utilize the 9-1-1 database
within its region and/or when [
assistance by the RPC for
] the emergency
notification services is withdrawn, especially when the withdrawal is based
on misuse of the confidential information.
Chapter 254.
POISON CONTROL PROGRAM
Chapter 255.
FINANCE
the amount to be rounded up to
the next whole one cent ($0.01) in the case of fractions
]. This surcharge
will be assessed to each customer receiving intrastate long-distance service,
except those exempted by the
Texas
Health and Safety Code
Ann. Section
, [
§
]771.074. The surcharge shall be applied
to the total amount for intrastate long-distance service charged by the customer's
[
long-distance
] service provider, but such amount shall not include
taxes charged by local, state, and federal authorities, nor shall local, state,
or federal taxes be applied to this surcharge unless otherwise required by
law.
Texas Tax Code Ann. Section 151.025 shall apply when intrastate
long distance services are not billed separately on a customer's invoice.
for which a federal
subscriber line charge is assessed by a local exchange service provider on
the customer's bill or any cellular telephone,
] communication channel,
[
personal communication system, commercial mobile radio service,
]
cable/ broadband services, or any other wire or wireless means
or other
technology (including, Voice over Internet Protocol)
that
has a
service address or billing address (if no service address exists) in Texas
and
connects the customer to the public switched telecommunications
network
or that
[
and
] provides the customer with ability
to reach a public safety answering point
in Texas
[
by dialing
the digits 9-1-1
]. The term does not include coin-operated public telephone
equipment, public telephone equipment operated by card reader, commercial
mobile radio service that provides access to a paging or other one-way signaling
service, a communication channel suitable only for data transmission, a line
from a telecommunications service provider to an Internet service provider
for the Internet service provider's data modem lines used only to provide
its Internet access service and that are not capable of transmitting voice
messages, a wireless roaming service or other nonvocal commercial mobile radio
service, a private telecommunications
service
[
system
],
or a wireless telecommunications connection subject to Texas Health and Safety
Code,
Ann. Section
[
§
] 771.0711.
the
]
1.0
[
2.0
] % administrative fee the company is entitled to retain by statute
(Health and Safety Code, Chapter 771,
Section
[
§
]771.073).
Advisory
] Commission
on State Emergency Communications, within 60 days after the end of the calendar
year, a listing of all subscribers who specifically have refused to pay 9-1-1
service fees or surcharges during the preceding fiscal year.