TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

The Commission on State Emergency Communications (CSEC) proposes an amendment to §251.2, concerning guidelines for changing or extending 9-1-1 service arrangements.

This action is proposed as part of Rule Review of Chapter 251, pursuant to Government Code, Section 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 this rule to streamline reporting requirements for the regional planning commissions (RPCs). The associated instructions for reporting are being proposed as a new proposed Program Policy Statement, a more formal version of the agency's former Program Policies and Procedures.

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 the reliability and integrity of 9-1-1 telecommunications services. 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 Title 1 Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service.

No other code, article, or statute is affected by this amendment.

§251.2.Guidelines for Changing or Extending 9-1-1 Service Arrangements.

(a) Purpose. The purpose of this rule is to establish minimum requirements for implementation and reporting of 9-1-1 service arrangements in order to protect against degradation of service.

(b) [ ~~(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 in paragraphs (1)-(21) of this subsection, unless the context of the word or term 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 Funds--Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771.]~~

[ ~~(3)~~ 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 on State Emergency Communications (Commission) and the 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 of this title (relating to Guidelines for Database Maintenance Funds).]

[ ~~(4)~~ 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.]

~~[ ~~(5)~~ 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.]~~

[ ~~(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 which permits the identification of the caller's telephone number. For purposes of this rule, the term has the same meaning as in 47 C.F.R. §20.18.]

~~[ ~~(8)~~ Customer Premise Equipment (CPE)--The terminal equipment at a PSAP or secondary answering location.]~~

[ ~~(9)~~ 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. ]

[ ~~(10)~~ 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.]

[ ~~(11)~~ 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).]

~~[ ~~(12)~~ Local Number Portability (LNP)--A process by which a telephone number may be reassigned from one Local Exchange Carrier to another.]~~

[ ~~(13)~~ 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.]

[ ~~(14)~~ 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. ]

[ ~~(15)~~ Regional Strategic Plan--A plan for the establishment and operation of 9-1-1 service throughout the region that a RPC serves. The plan must meet the standards established by and be amended in accordance with the standards established by the Commission.]

~~[ ~~(16)~~ Regional Planning Commission (RPC)--A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments (COG).]~~

~~[ ~~(17)~~ 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.]~~

~~[ ~~(18)~~ Service Provider--A company providing a telephone service or a commercial mobile radio service (CMRS) to a service user.]~~

[ ~~(19)~~ 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.]

[ ~~(20)~~ 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.]

~~[ ~~(21)~~ Wireless Service Provider--The wireless service provider and all its affiliates, collectively referred to as "WSP."]~~

(c) [ ~~(b)~~ ] Industry standard. All goods, services, systems, or technology purchased with 9-1-1 funds shall be consistent with the current industry standard. The authority for the industry standard for 9-1-1 networks, equipment, and databases is the National Emergency Number Association (NENA). [ Policy and Procedures. As authorized by Health and Safety Code, Chapter 771, the Commission on State Emergency Communications (Commission) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the State of Texas. The Commission is responsible for administering the implementation of statewide 9-1-1 service. The Commission is also responsible for minimum performance standards for the operation of 9-1-1 service to be followed in developing regional plans. One of the most fundamental components of any 9-1-1 service operation and any regional strategic plan is how the 9-1-1 service will be provided by the telecommunications service provider(s) directly connecting to the Public Safety Answering Point (PSAP). Changing the tandem and/or database service arrangements for direct connection to the PSAP, adding additional tandem, wireless, private switch, competitive local exchange (CLEC), and/or database service providers, or extending current service arrangements for a fixed period may potentially adversely affect the level, quality, and costs of 9-1-1 service and may also potentially adversely effect other service providers that rely on another service provider for interconnection to the PSAP (e.g., other service providers need to know which provider to send Automatic Number Identification (ANI) information and Automatic Location Information (ALI) records, the format for ALI records, the procedures for modifying 9-1-1 database information, and how 9-1-1 service will be provided to their end-user customers). It is the policy of the Commission that the highest level of 9-1-1 emergency service continues to be provided notwithstanding the new competitive telecommunications environment. Therefore, any agreement by a RPC with a service provider to change or to extend 9-1-1 service arrangements for a fixed period requires RPC notification to the Commission of a regional strategic plan amendment. For Districts requesting 9-1-1 funds in accordance with established rules and procedures for 9-1-1 service arrangements, the extent to which the guidelines below are satisfied may be considered in allocating equalization surcharges. ]

(d) [ ~~(c)~~ ] Vendor requirements [ ~~Guidelines~~ ].

(1) Changes or extensions of 9-1-1 service arrangements must include the following:

(A) The service provider making the proposal to the RPC [ ~~or District~~ ] verifies in writing, as part of the proposed agreement, that:

(i) Reasonable notice of the proposal (i.e., at least 10 days before a joint planning meeting) has been provided to the current service provider (if a change in service providers is involved) and to other potentially affected service providers.

(ii) The service provider also verifies that at least one joint planning meeting occurred with at least 10 days notice to all affected service providers that they may participate in the joint planning meeting;

(iii) As a result of the joint planning meeting either each technical issue or objection by other service providers has fully been resolved or an impartial statement of each unresolved issue or objection has been provided. (A joint planning meeting is open to evaluate all alternatives and is not limited to a discussion of one service provider's proposal.)

(iv) An inventory of each affected exchange, central office, tandem, private switch, PBX, or Mobile Telephone Switching Office (MTSO) has been provided to all affected service providers and the RPC/District that is involved.

(v) Cost verification of all costs under the proposal and an itemized comparison with all costs under current rates (e.g., itemized list and comparison of all charges for each level of service, for all database service, etc.) Any and all changes in E9-1-1 or 9-1-1 service features (i.e., all additional service features or reductions in service features that may result from the proposal) must be clearly specified. The service provider must also explain the justifications for any and all changes and why those changes do not degrade the level of 9-1-1 service and are consistent with providing the highest level of 9-1-1 service to all customers.

(vi) The service provider shall take full responsibility to professionally and timely coordinate all 9-1-1 service changes and modifications with all impacted telecommunications service providers, including, but not limited to: wireline, wireless, database and private switch service providers involved in the geographic area.

(vii) The service provider shall verify/certify that any necessary new or modified interconnection agreements relating to 9-1-1 service will be approved by the Public Utility Commission of Texas before the effective date of the proposed agreement and as necessary thereafter.

(viii) The proposal includes a statement of work to be performed that includes:

(I) an implementation schedule;

(II) diagrams of all proposed changes;

(III) how testing will be conducted and documented;

(IV) contingency plans and physical diversity;

(V) how interfaces with other service providers will be accomplished and coordinated;

(VI) a comprehensive list of all components and processes necessary for implementation;

(VII) a comprehensive list of all components and processes necessary for database service implementation, including Emergency Service Number (ESN) assignments, Master Street Address Guide (MSAG) revisions, selective routing tables, Emergency Service Routing Digit (ESRD), wireless cell site locations and distribution to other service providers;

(VIII) an outline of all associated costs; and

(IX) an explanation of any potential Customer Premises Equipment (CPE) impacts, or necessary modifications.

(ix) The proposal provides for wireless service providers to be able to deliver wireless Phase I or wireless Phase II information on request, and any modifications necessary to deliver callback and location information on/or before the deadlines as required by the Federal Communications Commission.

(x) The proposal provides for and enables long-term number portability (LNP) or that any modifications necessary for LNP will be specified.

(xi) The proposal specifies any additional costs to any PSAP or 9-1-1 entity for any modifications necessary during the period of the agreement because of Number Plan Area (NPA) splits and/or existing tandem or other network limitations.

(xii) The proposal provides that there will be no additional costs to any PSAP or 9-1-1 entity to maintain the current level of E9-1-1 service, except as specifically set forth in an itemized list that is part of the proposed agreement.

(xiii) No further agreement by the RPC is necessary to implement the proposal (e.g., the service provider and not the RPC is responsible for any and all coordination with other parties or service providers that may be necessary to implement the proposal).

(xiv) A most favored nation provision (i.e., a provision that requires the best price provided to any other similarly situated entity in Texas for comparable service) is included in the agreement and the service provider will automatically reduce the rates and charges in the agreement if comparable service is offered in Texas at a lower rate or charge by that service provider to any similarly situated other PSAP or 9-1-1 entity.

(xv) The service provider will comply with all applicable law, Commission and Public Utility Commission of Texas rules or regulations relating to 9-1-1 service.

(B) RPC Requirements. The RPC shall ensure [ ~~providing notification of the plan amendment verifies in writing, as part of the amendment,~~ ] that:

(i) Competitive procurement procedures were used in accordance with Texas Uniform Grant Management Standards (UGMS) and CSEC Rule 251.8 [ ~~or an explanation of the applicability of an exception to competitive procurement requirements~~ ];

(ii) All neighboring or adjacent 9-1-1 entities that could potentially be affected by the plan amendment have been given reasonable notice [ ~~provided a copy of the plan amendment either before or concurrently with the filing of the plan amendment with the Commission~~ ];

(iii) All appropriate modifications are made to current interlocal agreements; and

(iv) All changes are reported to the CSEC according to CSEC policy [ ~~reflected in the current regional strategic plan including narrative descriptions of the changes and schematics of affected equipment and network components~~ ].

(2) Applicability to Emergency Communications Districts (Districts). Districts requesting 9-1-1 funds in accordance with established rules and procedures for 9-1-1 service arrangements shall ensure that any changes or extensions of service arrangements meet or exceed the guidelines for RPCs in this rule [ ~~section~~ ].

(3) Costs. Annual budgeted costs associated with 9-1-1 service arrangements shall be monitored by Commission staff for consistency with this rule [ ~~section~~ ]. Such costs that are determined by Commission staff to not be consistent with this section shall be reviewed 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 April 26, 2004.

TRD-200402762

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 6, 2004

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

1 TAC §251.5

The Commission on State Emergency Communications (CSEC) proposes an amendment to §251.5, concerning the use of 9-1-1 funds for equipment management and disposition.

This action is proposed as part of Rule Review of Chapter 251, pursuant to Government Code, Section 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 ensure consistency with Texas Uniform Grant Management Standards (UGMS). Reporting forms attached to the previous version of this rule have been revised and are now included in a new proposed Program Policy Statement, a more formal version of the agency's former Program Policies and Procedures.

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 accountability of public funds per the intent of the Legislature. 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 under Health and Safety Code, Chapter 771, §§771.051, 771.055, 771.056, 771.071, 771.0711, 771.072, 771.075, 771.078, 771.079; and Title 1 Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service.

No other code, article, or statute is affected by this amendment.

§251.5.Guidelines for 9-1-1 Equipment Management and Disposition.

(a) Purpose. The purpose of this rule is to establish the Texas Uniform Grant Management Standards (UGMS) as the required procedure for the management and disposition of capital equipment and controlled assets purchased with 9-1-1 funds. Other instructions provided in this rule are in addition to the direction provided in UGMS. [ As authorized by the Texas Health and Safety Code, Chapter 771, the Commission on State Emergency Communications (CSEC) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the State of Texas. In accordance with Section 771.055 of the above chapter, such service implementation shall be consistent with regional plans developed by regional planning commissions. Each regional planning commission shall develop a 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 CSEC. ]

(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 [ ~~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 Equipment--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 Public Safety Answering Point (PSAP)s and as defined in Rule 251.6, Guidelines for Strategic Plans, Amendments, and Equalization Surcharge Allocation.]

~~[ ~~(2)~~ 9-1-1 Funds--Funds assessed and disbursed in accordance with the Texas Health and Safety Code. Chapter 771.]~~

~~[ ~~(3)~~ 9-1-1 Program Assets--9-1-1 and Addressing Capital Equipment purchased with 9-1-1 Funds.]~~

[ ~~(4)~~ Addressing Equipment--Equipment acquired partially or in whole with 9-1-1 funds, and/or Addressing Pool funds, designed to support and/or facilitate the work associated with addressing completion and/or addressing maintenance activities, as defined in Rule 251.3, Guidelines for Addressing Funds.]

~~[ ~~(5)~~ Addressing Activities--The work associated with the addressing of a county as defined in §251.3 of this title (relating to Guidelines for Addressing Funds).]~~

[ ~~(6)~~ Addressing Pool Funds--Funds directed to statewide addressing use including, but not limited to federal or state grants, contributions, donations, and telephone rate case settlement distributions; but, which exclude 9-1-1 Service Fee, either restricted or unrestricted in use.]

[ ~~(7)~~ 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."]

~~[ ~~(8)~~ 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.]~~

~~[ ~~(9)~~ Capital Replacement Cost--The cost of a piece of equipment that was originally identified to be amortized (i.e. the original cost for equipment.)]~~

[ ~~(10)~~ 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.]

[ ~~(11)~~ 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.]

~~[ ~~(12)~~ 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.]~~

[ ~~(13)~~ 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.]

[ ~~(14)~~ 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.]

[ ~~(15)~~ 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.]

[ ~~(16)~~ 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 the Texas Health and Safety Code, Chapter 771.]

[ ~~(17)~~ Contract for Services--A contract 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.]

[ ~~(18)~~ Non-Recurring Charge--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.]

[ ~~(19)~~ Public Safety Answering Point--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. Also referred to as a "PSAP".]

~~[ ~~(20)~~ 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.]~~

~~[ ~~(21)~~ Regional Planning Commission--A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments.]~~

[ ~~(22)~~ 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.]

[ ~~(23)~~ 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.]

~~[ ~~(24)~~ Uniform Grant Management Standards (UGMS)--As developed by the Governor's Office of Budget and Planning, January 1998, under the authority of the Texas Government Code, Chapter 783.]~~

~~[ ~~(25)~~ Useful Life--The period of time that a piece of capital equipment can consistently and acceptably fulfill its' service or functional assignment.]~~

(c) Management and Disposition of Equipment. Each RPC is responsible and accountable for all 9-1-1 Equipment, Database Maintenance [ ~~and Addressing~~ ] Equipment , and controlled assets in its region purchased with 9-1-1 funds. [ , as approved in its strategic plan and will contract with each of its participating Local Governments to ensure, at a minimum, that: all issues of equipment ownership, transfer of ownership, control and/or disposition of equipment acquired with 9-1-1 funds shall be identified within interlocal agreements; and, all contract provisions for equipment shall be consistent with Uniform Grant Management Standards (UGMS) as published by the Governor's Office of Budget and Planning, January 1998. ]

~~[ ~~(1)~~ Ownership of equipment acquired with 9-1-1 funds will vest in the RPC upon acquisition, or in the local government as agreed to within the applicable interlocal agreement.]~~

~~[ ~~(2)~~ Transfer of ownership of equipment acquired with 9-1-1 funds shall be designated and approved in writing by the RPC, and agreed upon within the interlocal agreement.]~~

[ ~~(A)~~ Before any such transfer of ownership, the RPC should evaluate the adequacy of controls of the prospective receiver to ensure that sufficient controls and security exist by which to protect and safeguard the equipment purchased with 9-1-1 funds;]

~~[ ~~(B)~~ Transfer of ownership documents shall be prepared by the RPC and signed by both parties upon transference in accordance with UGMS and the State Comptroller of Public Accounts;]~~

~~[ ~~(C)~~ Upon transference of ownership, the receiving party shall assume responsibility for the proper use, maintenance, management, control and safeguarding of the equipment.]~~

~~[ ~~(3)~~ Control of equipment shall be the responsibility of the party to whom ownership is assigned.]~~

~~[ ~~(A)~~ The owner of the equipment shall have an asset management system to ensure adequate safeguards to prevent loss, damage, or theft of the equipment.]~~

~~[ ~~(B)~~ Any loss, damage, or theft of equipment shall be investigated. Cases of theft will be pursued to the fullest extent of the law.]~~

[ ~~(C)~~ Local government and/or other responsible party shall provide reimbursement to RPC, or owner, for damage to 9-1-1 and Addressing equipment caused by intentional abuse, misuse or negligence by PSAP employees, County/Addressing personnel, or other persons to whom custodial responsibility is assigned. This provision shall not include ordinary wear and tear or ordinary day-to-day use of equipment.]

[ ~~(4)~~ Disposition of equipment shall take place when original or replacement equipment acquired with 9-1-1 funds is obsolete, failing repeatedly, or scheduled for replacement; or, when the equipment is no longer needed for the original project or program.]

~~[ ~~(A)~~ Methods used to determine per-unit fair market value must be documented, kept on file and made available to the RPC and CSEC upon request, and as outlined in the remainder of this rule.]~~

[ ~~(B)~~ Equipment may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. If sold, the resulting revenue shall be credited to the RPC local funds and recorded as "Other Revenue." If transferred to another program funded by federal or state funds, the transfer of ownership shall be documented.]

~~[ ~~(C)~~ Equipment may be used for trade-in value to offset the cost of replacement.]~~

(d) Interlocal agreement. For all equipment not maintained on the RPC's premises, RPCs will contract with each of its participating local governments to ensure, at a minimum, that:

(1) All issues of ownership, transfer of ownership, control, and/or disposition of equipment and controlled assets acquired with 9-1-1 funds shall be identified within interlocal agreements.

(2) All contract provisions for equipment and controlled assets set forth in the interlocal agreement shall be consistent with UGMS.

(e) [ ~~(d)~~ ] Maintenance . [ - ] Maintenance procedures shall be in place to keep the property in good condition.

(1) RPCs [ ~~Regional planning commissions~~ ] funding the purchase and/or lease of 9-1-1 equipment shall develop and adopt maintenance plans covering the equipment involved as part of the regional plan within 30 days of purchase. Maintenance plans shall be provided to the CSEC upon request.

(2) The Commission shall review maintenance costs for consistency with funding priorities and the approved RPC strategic plan [ Emergency communication districts requesting 9-1-1 funds in accordance with established rules and procedures for the maintenance of 9-1-1 equipment shall provide a maintenance plan for the equipment involved within 30 days of purchase ].

[ ~~(3)~~ Maintenance plans shall be provided to the CSEC in conjunction with equipment plan amendments or district requests submitted to the CSEC. For equipment purchased and/or leased prior to the adoption of this rule, maintenance plans for regional planning commissions shall be submitted to the CSEC for consideration no later than the beginning of the next budget cycle from the date of adoption of this rule.]

[ ~~(4)~~ Annual budgeted costs associated with the maintenance of 9-1-1 equipment shall be monitored by the CSEC staff for consistency with approved maintenance plans. Such costs that are determined by the CSEC staff to not be consistent with approved maintenance plans shall be reviewed and approved by the CSEC.]

(f) Property Records. Property records shall be maintained and provided to the CSEC upon request.

(1) Equipment meeting the definition of capital equipment shall be listed on the inventory. In addition to the controlled assets listed in UGMS that must be included on the inventory, the CSEC requires that computers, modems, printers, plotters, distance measuring devices (DMD), global positioning satellite (GPS) equipments, and sign-making machines, purchased entirely or in part with 9-1-1 funds, be reflected in the RPC's inventory.

(2) CSEC requires a physical inventory to be taken and the results reconciled to the property records annually. An annual certification of assets shall be provided to CSEC according to CSEC policy.

[ ~~(e)~~ Requirements for Capital Tracking. A Capital Asset Schedule that lists 9-1-1 related equipment by item shall be included in each regional planning commission's strategic plan. Strategic plans are required under the Health and Safety Code, Chapter 771, and §251.6 of this title (relating to Guidelines for Strategic Plans, Amendments, and Equalization Surcharge Allocation). A Capital Asset Schedule shall be maintained by the regional council in a spreadsheet or database that includes the following information for each item listed.]

~~[ ~~(1)~~ Date Acquired;]~~

~~[ ~~(2)~~ Description;]~~

~~[ ~~(3)~~ Location of the Equipment;]~~

~~[ ~~(4)~~ Identifying Number (Serial, Asset Tag, etc.);]~~

~~[ ~~(5)~~ Percent of State Participation (Cost Sharing);]~~

~~[ ~~(6)~~ Original Recovery Value;]~~

~~[ ~~(7)~~ Life Assigned (In Years);]~~

~~[ ~~(8)~~ Responsible Agency (Person in Possession);]~~

~~[ ~~(9)~~ Estimated Replacement Date;]~~

~~[ ~~(10)~~ Addressing Program Asset? (Y/N).]~~

[ ~~(f)~~ Requirements for Capital Fund Expenditures. Expenditures from the capital recovery schedule shall be reported on the following Financial Status Report submitted to the CSEC as required §251.6 of this title (relating to Guidelines for Strategic Plans, Amendments, and Equalization Surcharge Allocation). ]

~~[ ~~(1)~~ The RPC shall submit with the FSR a "Capital Recovery Asset Disposal Notice" (as promulgated by the CSEC) for each item that is replaced using Capital Recovery Funds as follows.]~~

~~[Figure: 1 TAC §251.5(f)(1)]~~

[ ~~(2)~~ Should additional funds be needed, the balance of funds needed for costs above original equipment costs must be identified in the strategic plan in the corresponding county narrative and submitted to CSEC through an amendment.]

(g) Control System. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. A description of the control system shall be provided to CSEC upon request. [ Addressing Capital Equipment. Costs for the replacement of addressing equipment purchased with 9-1-1 funds shall be reflected within the regional planning council strategic plan. Computers, printers, plotters, distance measuring devices (DMD), global positioning satellite (GPS) equipment and sign-making machines that meet the definition of Capital Equipment, shall be included in the schedule. ]

(h) Disposition. Funds generated by the disposition of equipment shall be reported to CSEC on the Financial Status Report according to CSEC policy. A disposition report shall be provided to the CSEC annually according to CSEC policy. [ Emergency Communication Districts. Those districts requesting 9-1-1 funds in accordance with established rules and procedures for the replacement of 9-1-1 equipment shall provide a replacement plan for the equipment involved. ]

[ ~~(i)~~ Annual Certification. Regional planning commissions shall submit an "Annual Certification of 9-1-1 Assets" (as promulgated by the CSEC) to the CSEC at least once each fiscal year. In accordance with UGMS, a physical inventory of the property must be taken and the results reconciled with the property records at least once every year. The RPC shall document and maintain all such inventory records, and will submit copies to the CSEC upon request.]

~~[Figure: 1 TAC §251.5(i)]~~

(i) [ ~~(j)~~ ] Monitoring. The CSEC reserves the right to perform on-site monitoring of the RPC and/or its performing local governments or PSAPs for compliance with this rule as well as all applicable law, policies and procedures. All monitoring activities will be conducted in accordance with §251.11 of this title (relating to Monitoring Policies and Procedures).

(j) [ ~~(k)~~ ] Other Issues.

(1) The requirements established in this rule also apply to an Emergency Communications District that has purchased Equipment with 9-1-1 Equalization Surcharge Funds. [ ~~management and disposition of equipment shall follow UGMS. Funds acquired from the disposal of assets shall be returned to the regional planning commission as "Other Revenue."~~ ]

(2) The Texas State Property Accounting Policies and Procedures Manual shall be referenced for guidance when questions arise to particular questions not covered in this rule.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 26, 2004.

TRD-200402763

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 6, 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. Other revisions align the strategic plan budget levels with the current 2004-2005 components, and reflects the new budget components for the 2006-2007 plan. Revisions were also made to (g), Amendments to Regional Strategic Plans, in order to provide examples of the occasions that require an amendment to be presented to the Commission.

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.

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 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service.

No other code, article, or statute is affected by this 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) [ ~~(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.

(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) [ ~~(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 four [ ~~three~~ ] major strategic plan levels (in order of priority) for [ ~~through~~ ] state fiscal years 2004-2005 [ ~~year 2003~~ ].

(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;

(D) Equipment Lease ;

(E) Equipment Purchase [ ~~Language Line~~ ];

(F) Language Line; and [ ~~Equipment maintenance;~~ ]

(G) Equipment Maintenance.

(2) Level II: The activities, equipment, and/or services that provide auxiliary enhancements to the delivery of 9-1-1 calls and [ ~~directly support and enchance 9-1-1 call delivery and data maintenance for~~ ] the level of service provided to the region.

(A) Database [ ~~Addressing~~ ] Maintenance;

(B) MIS [ ~~Graphic MSAG~~ ];

(D) PSAP Room Prep [ ~~Mapped ALI~~ ];

(E) PSAP Training [ ~~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;

(D) Recorders;

(E) Pagers;

(F) [ ~~Ancillary~~ ] Maintenance and [ & ] Repair[ ; ] (ancillary equipment); [ ~~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;

(D) Personnel Match.

(e) [ ~~(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 four [ ~~three~~ ] major strategic plan levels (in order of priority) beginning state appropriations [ ~~fiscal~~ ] year 2006 [ ~~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~~ ];

(D) Equipment Lease;

~~[ ~~(E)~~ Equipment Purchase;]~~

(E) [ ~~(F)~~ ] Language Line; and

(F) [ ~~(G)~~ ] 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) Database [ ~~Addressing~~ ] Maintenance;

(B) MIS;

(D) PSAP Room Prep;

(E) PSAP Training; and

(F) 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) PSAP Supplies; and [ ~~Training Positions;~~ ]

~~[ ~~(C)~~ Emergency Power;]~~

~~[ ~~(D)~~ Recorders;]~~

~~[ ~~(E)~~ Pagers;]~~

~~[ ~~(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 & 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;

(D) Personnel match.

(f) [ ~~(d)~~ ] Strategic Plans. Regional strategic plans developed in compliance with Chapter 771 shall include a strategic plan that projects financial operating information [ ~~regional 9-1-1 service costs,~~ ] at least two years into the future; and strategic planning information [ ~~program goals and strategies~~ ] at least five years into the future.

(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.]

(2) [ ~~(4)~~ ] Strategic plans shall be consistent with the four [ ~~three~~ ] major implementation priority levels identified above[ ~~, in subsection (b)(1), (2) and (3) of this section~~ ], and with all applicable Commission policies and rules.

(3) [ ~~(5)~~ ] A RPC [ ~~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. ]

(4) A RPC shall submit performance reports at least quarterly on a schedule to be established by the Commission. The performance report 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.

(g) [ ~~(e)~~ ] Amendments to Regional Strategic Plans.

(1) Amendments to regional strategic plans are required in order to request Commission approval prior to taking actions or making expenditures that are not authorized under the current plan or allowed within Commission policy. Examples of occasions when an amendment must be submitted to the Commission include, but are not limited to: [ A regional planning commission may make changes to its approved regional strategic plan to accommodate unanticipated requirements, and/or to prevent disruption of its implementation schedule, contingent upon compliance with all Commission policies and procedures. ]

(A) Requests for approval of items under Commission Rule 251.3, Use of Revenue in Certain Counties; [ ~~The changes do not require additional service fees or equalization surcharge funds; and~~ ]

(B) Requests to shift budget authority from the Administrative budget to the Program budget, and vice versa; [ ~~The changes are consistent with all Commission policies and procedures.~~ ]

(D) Requests to add a call-taking position at a PSAP;

(E) Requests for exceptions to Commission policy;

(F) Requests for additional funds; and

(G) As required by other Commission rule, or upon a request from the Commission.

(2) Requests for amendments [ ~~Changes made~~ ] to the regional plan shall [ ~~must~~ ] be submitted [ ~~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 according to Commission policy .

(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) [ ~~(f)~~ ] Allocation of Revenue.

(1) Service Fee allocation - Consistent with §771.056 (d), and §771.078 , the Commission shall allocate, by contract, service fee revenue to RPCs [ ~~regional planning commissions~~ ] contingent on the availability of appropriated funds.

(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 [ ~~regional planning commissions~~ ] based upon statewide strategic plan contingent on the availability of appropriated funds over a two-year period.

(C) The Commission may allocate equalization surcharge to an emergency communication district (District) based on District [ ~~district~~ ] requests and availability of appropriated funds.

(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 [ ~~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:

(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) [ ~~(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.

(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 the regional strategic plan [ ~~Regional Strategic Plan~~ ], the following guidelines will apply to determine the amount to be funded by the Commission:

(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 [ ~~Regional Strategic Plan~~ ].

(j) [ ~~(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:

(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.

~~[ ~~(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.]

~~[ ~~(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 (RPC)--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.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 26, 2004.

TRD-200402765

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 6, 2004

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

1 TAC §251.7

The Commission on State Emergency Communications (CSEC) proposes an amendment to §251.7, concerning the inclusion of third-party software applications into the 9-1-1 integrated workstation environment.

This action is proposed as part of Rule Review of Chapter 251, pursuant to Government Code, Section 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 substantive revision to the rule to add a requirement that mapping of telephone number (TN) data is tested for accuracy prior to "going live" with Mapped ALI at a PSAP.

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, however, local governments may incur costs dependent upon the applications they choose to incorporate into the 9-1-1 workstation.

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 accountability and clarification of expanded guidelines and provisions for the use of third-party applications into 9-1-1 integrated workstation environment. 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 individuals, as no individuals have a duty to comply with the rules as proposed. There is no anticipated local employment impact as a result of enforcing the section.

The amendment is proposed under Health and Safety Code, Chapter 771, §§771.051, 771.055 and 771.056; and Title 1 Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service.

No other code, article or statute is affected by this amendment.

§251.7.Guidelines for Implementing Integrated Services.

(a) Purpose. It is the purpose of this rule to allow for the integration of appropriate technologies into the 9-1-1 call-taking equipment that enhance or facilitate the delivery of the 9-1-1 call, while providing safeguards to protect the 9-1-1 equipment from failure due to the integration of faulty or inappropriate applications.

(b) [ ~~(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 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 on State Emergency Communications (Commission) and the Regional Planning Commission (RPC). The database is developed and maintained by the local government agency 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).]

~~[ ~~(2)~~ 9-1-1 Funds. Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771.]~~

[ ~~(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 or router equipment necessary to ensure reliable handling of the 9-1-1 call.]

[ ~~(4)~~ 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 §251.9 of this title (relating to Guidelines for Database Maintenance Funds).]

[ ~~(5)~~ 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 the Texas Health and Safety Code, Chapter 771.]

[ ~~(6)~~ 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.]

[ ~~(7)~~ 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, Subchapter B, C, or D.]

[ ~~(8)~~ 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.]

[ ~~(9)~~ 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.]

[ ~~(10)~~ 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.]

~~[ ~~(11)~~ Regional Planning Commission. A commission established under Local Government Code, Chapter 391, also referred to as a council of governments (COG).]~~

[ ~~(12)~~ Regional Strategic Plans. 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.]

[ ~~(13)~~ 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 rule 251.10 of this title (relating to Guidelines for Implementing Wireless E9-1-1 Service).]

[ ~~(14)~~ Wireless Phase II E9-1-1 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.]

~~[ ~~(15)~~ Wireless Service Provider. The wireless service provider and all its affiliates, collectively referred to as "WSP."]~~

[ ~~(b)~~ Policy and Procedures. As authorized by the Texas Health and Safety Code, Chapter 771, the Commission on State Emergency Communications (Commission) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the state of Texas. 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 the rapidly changing telecommunications environment in wireline and wireless services and its impact on 9-1-1 emergency services. Integration of new technology and 9-1-1 functionality are enhancing and facilitating the delivery of an emergency call. It is the policy of the Commission that all 9-1-1 emergency calls for service be handled at the highest level of service available. In accordance with this policy, the following policies and procedures shall apply to the procurement, installation, and implementation of integrated services funded in part or in whole by the 9-1-1 funds referenced above. Integrations scheduled in a region's approved Regional Strategic Plan do not require separate Commission approval for implementation. Integrations approved in the Regional Strategic Plan do require that the RPC submit a notification amendment and testing documentation to the Commission as verification of compliance with this rule. When a region desires to implement an integrated service that was not considered in its Regional Strategic Plan or is not listed in paragraph (1)(A) of this subsection, then Commission approval must be obtained before procurement. A RPC or District receiving equalization surcharge funds from the Commission shall meet the following requirements listed in paragraphs (1)-(2) of this subsection: ]

(1) Integrated Services

(A) Eligible Services. Personal Computer (PC) based Integrated Workstation (IWS) 9-1-1 call-taking equipment has the capability of expanding the traditional 9-1-1 Automatic Number Identification (ANI) and Automatic Location Identification (ALI) feature functionality to allow for additional public safety software applications. The Commission is supportive of such advancement in emergency services call-taking capabilities; however, to ensure the integrity of 9-1-1 is maintained, only the following features [ ~~listed in clauses (i)-(viii) of this subparagraph~~ ] are eligible integrated services:

(i) Expanded or Supplemental Location Information;

(ii) Call Recording and Playback;

(iii) Paging;

(iv) Texas Law Enforcement Teletype Services (TLETS);

(v) Computer Aided Dispatch Gateway;

(vi) Graphical/Mapping Displaying of Location;

(vii) Call Handling Protocols; and

(viii) Information Management (MIS) .

(B) Other Services. Integrated services other than the above-mentioned applications [ ~~listed in clauses (i)-(viii) of Subparagraph (A)~~ ] must have a demonstrated applicability to the direct provisions of delivering 9-1-1 and emergency call-taking services and will require Commission approval.

(C) System Security. Operating procedures should be established by the RPC, and security measures taken and demonstrated, to ensure than non-Commission-approved software applications cannot be integrated into the IWS platform. At no time should the 9-1-1 call-taking equipment permit access to the Internet.

(D) Memory Usage. Baseline memory and CPU usage of the operating system should maintain the "80/20" performance rule, thereby demonstrating that 80% of the total memory and CPU is available to the operating system applications, while 20% of the total memory and CPU remains unused. The installation and use of software should not lead to the degradation of equipment or services subsequent to the installation of the ancillary software.

(E) Testing. [ ~~(C)~~ ] Prior to integrating and deploying the expanded applications onto a IWS 9-1-1 call-taking environment, the following testing [ ~~listed in clauses (i)-(iii) of this subparagraph~~ ] must be [ ~~demonstrated to the Commission~~ ] completed according to Commission policy, to ensure the stability and reliability of the 9-1-1 system:

(i) Documented "Lab" testing shall be completed by the IWS Vendor and RPCs or Districts demonstrating the successful integration of the authorized applications. Test scenarios should include documentation of the operating system requirements, detailed functionality results as each application is integrated and evaluated independently, and load testing results of all systems operating together on the IWS workstation.

[ ~~(ii)~~ Baseline memory and CPU usage of the operating system should maintain the "80/20" performance rule, thereby demonstrating that 80% of the total memory and CPU is available to the operating system applications, while 20% of the total memory and CPU remains unused. The installation and use of software should not lead to the degradation of equipment or services subsequent to the installation of the ancillary software.]

(ii) [ ~~(iii)~~ ] Documented "Live" testing in a PSAP shall also be completed by the IWS Vendor with cooperation and coordination by the RPC or District, demonstrating the successful integration of the authorized applications. Test scenarios should include documentation of the operating system requirements, detailed functionality results as each application is integrated and evaluated independently, and load testing results of all systems operating on the IWS workstation, as well as a standardized set of basic call-taking functions.

(F) Testing Documentation. Documentation of the testing shall be maintained by the RPC, and submitted to the Commission upon request.

[ ~~(D)~~ Operating procedures should be established by the RPC or District, and security measures taken and demonstrated, to ensure that non-Commissioned-approved software applications cannot be integrated into the IWS platform.]

(2) Graphical Display (Mapped ALI [ ~~and Wireless Phase II~~ ])

[ ~~(A)~~ ] Requirements of RPC. Prior to the implementation of graphical display of location information [ ~~for a county system,~~ ] at a PSAP, a RPC [ ~~or District~~ ] shall meet the following requirements : [ ~~listed in clauses (i)-(iii) of this subparagraph;~~ ]

(A) [ ~~(i)~~ ] Complete the county addressing project.

(B) [ ~~(ii)~~ ] Develop a digital map in accordance with standards to be determined by the Commission.

(C) [ ~~(iii)~~ ] Establish and adopt a maintenance plan of the county digital map, county addressing project, and the associated county 9-1-1 database. The plan shall be submitted to the Commission upon request.

(D) Perform testing to ensure that the telephone number (TN) data is mapping correctly on the PSAP screen prior to implementing mapped ALI "live" at a PSAP.

[ ~~(B)~~ The maintenance plan shall be provided to the Commission in conjunction with strategic plan annual review or District requests submitted to the Commission following the adoption of this rule in accordance with established Commission policy.]

[ ~~(C)~~ Annual budgeted costs associated with authorized integrated services, as outlined in this rule, shall be monitored by the Commission staff for consistency with approved maintenance plans and systems costs. Such costs that are determined by Commission staff to not be consistent with the approved strategic plan, shall be presented for review and approval by the Commission.]

(d) Applicability to Emergency Communications Districts (Districts). This rule shall apply to Districts receiving 9-1-1 Equalization Surcharge funds.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 26, 2004.

TRD-200402766

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 6, 2004

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

1 TAC §251.8

The Commission on State Emergency Communications (CSEC) proposes an amendment §251.8, concerning proposed guidelines for the procurement of equipment services with 9-1-1 funds.

This action is proposed as part of Rule Review of Chapter 251, pursuant to Government Code, Section 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 made to ensure consistency with Texas Uniform Grant Management Standards (UGMS).

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, although cost savings are possible as a result of established competitive bidding for expenditures of all 9-1-1 funds.

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 an improved mechanism for procurement of equipment and services with 9-1-1 funds and to ensure competitive procurement requirements are met. 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.

The proposal is proposed under Health and Safety Code, Chapter 771, §§771.051, 771.071, 771.0711, 771.072, 771.075; and Title 1 Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service.

No other code, statute, or article is affected by this amendment.

§251.8.Guidelines for the Procurement of Equipment and Services with 9-1-1 Funds.

(a) Purpose. The purpose of this rule is to establish the Texas Uniform Grant Management Standards (UGMS) as the required procedure for purchases made with 9-1-1 funds. Other instructions provided in this rule are in addition to the direction provided in UGMS. This rule is not intended to prohibit a regional planning commission's (RPC) use of more stringent competitive procurement practices. [ Policy and Procedures. As authorized by Chapter 771 of the Texas Health and Safety Code, 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. 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. This rule establishes procurement guidelines and minimum competitive procurement requirements. ]

[ ~~(1)~~ This rule applies to any procurement by a 9-1-1 administrative entity, which exceeds $2,000, to be paid with funds from 9-1-1 emergency service fees and 9-1-1 equalization surcharges from the State program.]

~~[ ~~(2)~~ This rule is not intended to prohibit a 9-1-1 administrative entity's use of more stringent competitive procurement requirements or practices.]~~

(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 [ ~~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 Administrative Entity - A municipality, a county, an emergency communication district, a regional planning commission or any other political subdivision that provides 9-1-1 administrative services.]

[ ~~(2)~~ 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 call to an appropriate Public Safety Answering Point (PSAP).]

~~[ ~~(3)~~ 9-1-1 Funds - Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771.]~~

[ ~~(4)~~ Emergency Communication 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 Subchapter B1, C2, or D3, the Texas Health and Safety Code, Chapter 772.]

~~[ ~~(5)~~ NENA - The National Emergency Number Association, a not-for-profit corporation founded to further the national goal of "One Nation, One Number."]~~

~~[ ~~(6)~~ Regional Planning Commission (RPC) - A commission established under Chapter 391, Local Government Code.]~~

(c) Funding. Funds allocated for the procurement of certain 9-1-1 equipment, database services, and network services will be subject to Commission funding priorities and policies.

(d) Statewide Procurement. The Commission reserves the right to procure certain 9-1-1 equipment, database services, and network services for the State program based on best value and upon determination of which goods or services are in the State program's best interest. In instances of statewide procurement, the Commission will work with the RPCs and local governments to ensure that such purchases of goods or services are consistent with local 9-1-1 systems' infrastructure and best meet the needs of the local governments.

(e) Industry Standard. All goods, services, systems, or technology purchased with 9-1-1 funds shall be consistent with the current industry standard. The authority for the industry standard for 9-1-1 networks, equipment, and databases is the National Emergency Number Association (NENA).

(f) Capital Purchases. Goods, services, systems, technology, or projects with an aggregate value grater than $5,000, or otherwise defined as capital items by the Texas Comptroller of Public Accounts, shall be regarded as capital purchases.

(g) [ ~~(c)~~ ] Competitive Procurement Required. Competitive procurement is required for all purchases defined as capital purchases, including lease contracts with a value of greater than $5,000. [ Except as otherwise specifically provided in this rule, all procurements in excess of $2,000 by a 9-1-1 administrative entity, to be paid with 9-1-1 funds, shall be conducted in accordance with the provisions of Article III, Source Selection and Contract Formation, of the Texas Association of Regional Councils' Model Procurement Policy, which are hereby incorporated by reference in this rule and copies of which may be obtained from the Texas Association of Regional Councils, 1305 San Antonio Street, Austin, Texas 78701, or other limits established by locally adopted procurement policy, whichever is more restrictive. In addition, all definitions applicable to Article III which are set forth in the Model Procurement Policy shall apply and are incorporated herein by reference along with any other provision of the Model Procurement Policy cited in Article III. ]

(1) Exceptions for sole source may be used when consistent with UGMS. Prior written concurrence from the Commission is required for any sole source purchase expected to exceed $25,000.

(2) Purchases made by RPCs through a state agency or other qualified cooperative purchasing program shall be considered to satify this section of the rule.

(3) Purchases of tariffed goods or services meeting the definition of capital purchases are subject to competitive procurement. A RPC may not contract to pay a vendor an amount higher than its tariffed price.

(4) Modifications to leases with a nonrecurring cost of greater than $5,000 are considered capital purchases subject to competitive procurement.

[ ~~(1)~~ For purchases in excess of $2,000, but less than $10,000, the provisions of Section 3-204 b. of the Model Procurement Policy, Competitive Telephone or Facsimile Bids (informal competitive bids) shall apply.]

~~[ ~~(2)~~ For purchases in excess of $10,000, but less than $25,000, the provisions of Section 3-204 c. of the Model Procurement Policy, Competitive Written Bids or Quotations shall apply.]~~

~~[ ~~(3)~~ For purchases exceeding $25,000, the provisions of Section 3-202 of the Model Procurement Policy, subdivisions 1.a., d., e., and f. are incorporated herein.]~~

[ ~~(4)~~ For sole source procurement, the provisions of Section 3-205 of the Model Procurement Policy shall apply. Prior written concurrence from the Commission is required for any sole source procurement expected to exceed $25,000.]

~~[ ~~(5)~~ Compliance with those provisions in the Model Procurement Policy, which apply to specific funding sources or programs, such as JTPA, is not required under this rule.]~~

(h) Historically Underutilized Businesses (HUBs). RPCs shall take affirmative steps to contract with HUBs according to the RPC's HUB plan included in the regional strategic plan.

(i) [ ~~(d)~~ ] Record Retention. All procurement-related records must be maintained by a [ ~~9-1-1 administrative entity~~ ] RPC in accordance with the RPC's adopted procurement policy, and made available to the Commission upon request. [ in accordance with the provisions of Article II, Part B: Record Retention, of the Texas Association of Regional Councils' Model Procurement Policy, which are hereby incorporated by reference in this rule, except to the extent such provisions apply to specific funding sources or programs. ]

[ ~~(e)~~ Procurement of Statewide Services. 9-1-1 administrative entities may procure certain 9-1-1 equipment, database services and network services through contract with the Texas Building and Procurement Commission (TBPC) or the Commission.]

[ ~~(1)~~ The Commission reserves the right to procure certain 9-1-1 equipment, database services and network services for the State program based on best value and upon determination of which goods or services are in the State program's best interest. In instances of statewide procurement, the Commission will work with the RPCs and local governments to ensure that such purchases of goods or services are consistent with local 9-1-1 systems' infrastructure and best meet the needs of the local governments.]

~~[ ~~(2)~~ Funds allocated for the procurement of certain 9-1-1 equipment, database services and network services will be subject to Commission funding priorities and policies.]~~

[ ~~(f)~~ End-to-End Lease Arrangements. 9-1-1 administrative entities shall have the option of procuring 9-1-1 customer premises equipment (CPE), database and network services through end-to-end lease arrangements, only when proper procurement procedures and guidelines are utilized and documented. The RPC must demonstrate, through proper procurement procedures and documentation, that the tariffed services are economically advantageous to the 9-1-1 administrative entity.]

[ ~~(1)~~ All such CPE lease arrangements shall identify features and equipment subject to the terms and conditions set forth in the RPC's Local Exchange Carrier's (LEC) Texas Public Utility Commission (PUC) approved tariff. Tariffed services are provided solely for the use and benefit of the 9-1-1 administrative entity.]

[ ~~(2)~~ Additions, modifications or the removal of features from the leased CPE, with a total value below the $2,000 threshold set forth in this rule, may be made by the LEC at the 9-1-1 administrative entity's request.]

~~[ ~~(3)~~ Subsequent to the initial contract period, the tariffed services may be automatically renewed annually for an additional 12 month period unless:]~~

~~[ ~~(A)~~ either party notifies the other of its intent to terminate the lease arrangement at least 90 days prior to the contract anniversary date;]~~

~~[ ~~(B)~~ CPE, valued in excess of $2,000 is to be completely removed and replaced by new equipment; or]~~

~~[ ~~(C)~~ the necessity for additions and/or modifications to the CPE becomes excessive, for any 12 month contract period.]~~

[ ~~(g)~~ NENA Standards. All procurement of 9-1-1 equipment, database services and network services must adhere to the NENA recommended standards for network, data and PSAP/CPE, as developed by the NENA Technical Committee and as approved by the NENA Executive Board.]

(j) [ ~~(h)~~ ] Code of Ethics. Employees of RPCs, whose salary is funded in whole or in part with 9-11- funds, [ ~~9-1-1 administrative entities or employees of entities receiving 9-1-1 emergency service fees and 9-1-1 equalization surcharges~~ ] shall adhere to the following ethical standards . RPCs shall establish policies to ensure that the code of ethics is addressed in the procurement of all 9-1-1 equipment and services and provide a copy of this policy to the Commission upon request. An Employee may not: [ ~~, listed in paragraphs (1)-(4) of this subsection. An administrative entity employee may not:~~ ]

(1) Participate in work on a contract by taking action as an employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action knowing that the employee, or member of their immediate family has an actual or potential financial interest in the contract, including prospective employment;

(2) Solicit or accept anything of value from an actual potential vendor;

(3) Be employed by, or agree to work for, a vendor or potential vendor; or

(4) Knowingly disclose confidential information for personal gain. RPCs shall establish policies to ensure that the above code of ethics is addressed in the procurement of all 9-1-1 equipment and services. The administrative entity may have future 9-1-1 funds withheld and/or be required to reimburse the Commission the amount of the misappropriated funds.

(k) [ ~~(i)~~ ] Compliance. If a 9-1-1 administrative entity fails to comply with the provisions of this rule, the Commission may take action to recover any excessive costs clearly shown to have been paid as a result of infractions of this rule. [ may consider the 9-1-1 administrative entity's lack of compliance in fixing the rate of the 9-1-1 emergency service fees, in determining the allocation of 9-1-1 equalization surcharges, or in taking any other action that is consistent with Section ______.43 (relating to Enforcement) of the Texas Uniform Grant Management Standards, as adopted by reference in §5.144 of this title (relating to Adoption by Reference). ]

(l) [ ~~(j)~~ ] Applicability of State Procurement Statutes. To the extent of any conflict between this rule and applicable state statutes prescribing procurement methods, such statutes shall be followed.

(m) Applicability to Emergency Communications Districts (Districts). The requirements set forth in this rule also apply to Districts receiving 9-1-1 equalization funds.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 26, 2004.

TRD-200402767

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 6, 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.

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.

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 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service.

No other statute, article or code is affected by the proposed new section.

§251.14.General Provisions and Definitions.

(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 whose cost is over $5,000 and have a useful life of at least one year.

(24) Capital Equipment Asset--Items and components whose cost is over $5,000 and which have a useful life of at least one year.

(25) Capital Purchase--a procurement of items, systems, or services that cost over $5,000 in the aggregate, and that have a useful life of at least one year.

(26) Capital Replacement Cost--The cost of a piece of equipment that was originally identified to be amortized (i.e. the original cost for equipment.)

(27) 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.

(28) Cell Sector Identifier--The unique numerical designation given to a particular Cell Sector that identifies that Cell Sector.

(29) 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.

(30) 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.

(31) 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.

(32) Commission on State Emergency Communications (CSEC)--Also referred to as the Commission.

(33) 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.

(34) 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.

(35) 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.

(36) Controlled Asset--Items and components that have a cost of $5,000 or less and have a useful life of at least one year.

(37) Controlled Equipment--Items and components whose cost is less than $5,000 and have a useful life of at least one year.

(38) Customer Premise Equipment (CPE)--The terminal equipment at a PSAP or secondary answering location.

(39) 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.

(40) 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.

(41) 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.

(42) Emergency Service Number (ESN)--A number stored by the selective router/switch used to route a call to a particular PSAP.

(43) 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).

(44) 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.

(45) 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.

(46) FCC--The Federal Communications Commission.

(47) 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.

(48) 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.

(49) 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.

(50) 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.

(51) 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.

(52) 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.

(53) 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.

(54) Integrated TDD--the TDD has been incorporated into the CPE equipment.

(55) 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.

(56) 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.

(57) 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.

(58) 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).

(59) 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.

(60) Local Monitoring Plan--The RPC schedule for monitoring all interlocal contracts, 9-1-1 funded activities, equipment, PSAPs, and subcontractors.

(61) Local Number Portability (LNP)--A process by which a telephone number may be reassigned from one Local Exchange Carrier to another.

(62) 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.

(63) 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.

(64) 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.

(65) Mobile Directory Number (MDN)--A 10-digit dialable directory number used to call a Wireless Handset.

(66) Mobile Switching Center (MSC)--A switch that provides stored program control for wireless call processing.

(67) NENA--The National Emergency Number Association, a not-for-profit corporation founded to further the national goal of "One Nation, One Number."

(68) 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.

(69) 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.

(70) 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.

(71) 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.

(72) 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.

(73) 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.

(74) Power Backup--Power provided by a generator in the event regular utility services are interrupted.

(75) 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.

(76) 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.

(77) Redundant Equipment and Services--Duplication of components running in parallel to increase reliability.

(78) Regional Planning Commission (RPC)--A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments.

(79) 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.

(80) 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.

(81) Security Devices--Devices whose use is specific to the protection of 9-1-1 systems from intentional damage.

(82) 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.

(83) 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.

(84) 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.

(85) Service Provider--A company providing a telephone service or a commercial mobile radio service (CMRS) to a service user.

(86) Stand-Alone TDD--a separate TDD unit that is not connected to the CPE.

(87) 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.

(88) 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.

(89) Surge Protection Devices--Devices designed to protect sensitive electronic equipment by preventing excessive electrical power from reaching and damaging such equipment.

(90) 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.

(91) TDD--the acronym for Telecommunication Device for the Deaf. Other interchangeable acronyms accepted are TTY (Teletypewriter) or TT (Text Telephone).

(92) 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.

(93) 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.

(94) Uniform Grant Management Standards (UGMS)--As developed by the Governor's Office of Budget, Planning and Policy under the authority of Chapter 783 of the Texas Government Code.

(95) 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.

(96) 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.

(97) Useful Life--The period of time that a piece of capital equipment can consistently and acceptably fulfill its' service or functional assignment.

(98) Vendor--A third party used by either the 9-1-1 Governmental Entity or WSP to provide services.

(99) 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.

(100) 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.

(101) 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.

(102) Wireless Service Provider (WSP)--The wireless service provider and all its affiliates, collectively referred to as "WSP."

(103) 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 April 26, 2004.

TRD-200402769

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 6, 2004

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

Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 355. MEDICAID REIMBURSEMENT RATES

Subchapter J. PURCHASED HEALTH SERVICES

4. MEDICAID HOSPITAL SERVICES

1 TAC §355.8061

The Health and Human Services Commission (HHSC) proposes to amend §355.8061, concerning the payment for hospital services, in its Medicaid Reimbursement Rates chapter. The proposed amendment provides for supplemental payments to state government owned or operated hospitals for outpatient services. The purpose of the supplemental payment is to recognize the unique role that state public hospitals play in the Texas healthcare delivery system for the Medicaid population. As a result, the proposed amendment will implement changes to ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles.

Tom Suehs, Deputy Executive Commissioner for Financial Services, has determined that for the first five years the proposed amendment is in effect, there will be fiscal implications to state and local government as a result of enforcing or administering the proposed amendment. The fiscal implications to state health and human services agencies will be negligible as a result of enforcing or administering this amendment. State governments will incur additional cost to administer this amendment, however, additional revenues will offset any such costs which are estimated to be minimal. Increased federal matching funds to state government owned or operated hospitals are estimated to be $1,405,858 in State Fiscal Year 2004; $1,717,365 in State Fiscal Year 2005; $1,717,365 in State Fiscal Year 2006; $1,717,365 in State Fiscal Year 2007; and $1,717,365 in State Fiscal Year 2008.

David Palmer, Director, Rate Analysis, has determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be to better compensate these facilities for the value of services provided to Medicaid and uninsured or underinsured patients and ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles. There is no anticipated impact on small businesses and micro-businesses to comply with the amendment as proposed as they will not be required to alter their business practices as a result of the amended section. There are no anticipated economic costs to persons who are required to comply with the proposed amendment. There is no anticipated impact on local employment.

HHSC has determined that this proposed rule is not "a major environmental rule" as defined by §2001.0225 of the Texas Government Code. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. The proposed rule is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

HHSC has determined that the proposed rule does not restrict or limit an owner's right to their property that would otherwise exist in the absence of governmental action and therefore does not constitute a taking under §2007.043, Government Code.

Written comments on the proposal may be submitted to Scott Reasonover, Rate Analysis Department, Texas Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756, within 30 days of publication of this proposal in the Texas Register . In addition, a public hearing concerning the proposed amendment will be held May 24, 2004 at 10:00 a.m. in the public hearing room at the Texas Health and Human Services Commission, 11209 Metric Boulevard, Building H, Austin, Texas 78758. To comply with federal regulations, a copy of the proposed amendment is being sent to each Texas Department of Human Services (DHS) office where it will be available for public review upon request.

The amendment is proposed under the Texas Government Code, §531.033, which provides the commissioner of HHSC with broad rulemaking authority; the Human Resources Code, §32.021, and the Texas Government Code, §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; and the Texas Government Code, §531.021(b), which provides HHSC with the authority to propose and adopt rules governing the determination of Medicaid reimbursements.

The proposed amendment affects the Human Resources Code, Chapter 32 and the Texas Government Code, Chapter 531.

§355.8061.Payment for Hospital Services.

(a) The Health and Human Services Commission (commission) or its designated agent shall reimburse hospitals approved for participation in the Texas Medical Assistance Program for covered Title XIX hospital services provided to eligible Medicaid recipients. The Texas Title XIX State Plan for Medical Assistance provides for reimbursement of covered hospital services to be determined as specified in paragraphs (1) - (4) of this subsection.

(1) - (4) (No change.)

(5) Notwithstanding other provisions of this attachment, supplemental payments will be made each state fiscal year in accordance with this subsection to state government-owned or operated hospitals for outpatient services provided to Medicaid patients.

(A) Supplemental payments are available under this subsection for outpatient hospital services provided by state government-owned or operated hospitals on or after December 13, 2003. To qualify for a supplemental payment, the hospital must be owned or operated by the state of Texas.

(B) The aggregate supplemental payment amount will be the annual difference between the aggregate upper payment limit and the outpatient fee-for-service Medicaid payments made to the state government-owned or operated hospitals under this attachment. The aggregate upper payment limit will be calculated, based on Medicare payment principles and in accordance with the federal upper limit regulations at 42 CFR §447.321, using the most recent cost report data available.

(C) The amount of the supplemental payment made to each state government-owned or operated hospital will be determined by:

(i) dividing each hospital's fee-for-service Medicaid payments by the sum of the Medicaid fee-for-service payments of all state government-owned of operated hospitals; and

(ii) multiplying the percentage calculated in clause (i) of this subparagraph by the aggregate supplemental payment calculated in subparagraph (B) of this paragraph.

(D) Supplemental payments determined under this subsection will be calculated annually and paid quarterly.

(E) Supplemental payments made under this subsection when combined with other outpatient payments made under this attachment shall not exceed the maximum amounts allowable under applicable federal regulations at 42 CFR §447.325.

(b) - (d) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 26, 2004.

TRD-200402745

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: June 6, 2004

For further information, please call: (512) 424-6576

1 TAC §355.8063

The Health and Human Services Commission (HHSC) proposes to amend §355.8063, concerning the reimbursement methodology for inpatient hospital services, in its Medicaid Reimbursement Rates chapter. The proposed amendment adds language to provide for supplemental inpatient payments to state government owned or operated hospitals and the publicly owned hospital or hospital affiliated with a hospital district in Midland County. The purpose of supplemental payment is to recognize the unique role that these hospitals play in the Texas healthcare delivery system for the Medicaid population. As a result, the proposed amendment will implement changes to ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles.

David Palmer, Director Rate Analysis, has determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be increased compensation to these facilities for the value of services provided to Medicaid and uninsured or underinsured patients and ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles. There is no anticipated impact on small businesses and micro-businesses to comply with the amendment as proposed as they will not be required to alter their business practices as a result of the amended section. There are no anticipated economic costs to persons who are required to comply with the proposed amendment. There is no anticipated impact on local employment.

The proposed amendment affects the Human Resources Code, Chapter 32 and the Texas Government Code, Chapter 531.

§355.8063.Reimbursement Methodology for Inpatient Hospital Services.

(a) - (s) (No change.)

(t) Non-State Owned Urban Hospital Supplemental Inpatient Payments. Notwithstanding other provisions of this chapter, supplemental payments will be made each state fiscal year in accordance with this subsection to eligible hospitals that serve high volumes of Medicaid and uninsured patients.

(1) Supplemental payments are available under this subsection for inpatient hospital services provided by a publicly-owned hospital or hospital affiliated with a hospital district in Bexar, Dallas, Ector, El Paso, Harris, Lubbock, Nueces, Midland, Tarrant, and Travis [ ~~counties on or after July 6, 2001~~ ]. Supplemental payments will be made for inpatient services on or after July 6, 2001 for Bexar, Dallas, Ector, El Paso, Harris, Lubbock, Nueces, Tarrant, and Travis counties. Supplemental payments will be made for inpatient services on or after February 7, 2004 for Midland county.

(2) - (5) (No change.)

(u) (No change.)

(v) State Owned Hospital Supplemental Inpatient Payments. Notwithstanding other provisions of this attachment, supplemental payments will be made each state fiscal year in accordance with this subsection to state government-owned or operated hospitals for inpatient services provided to Medicaid patients.

(1) Supplemental payments are available under this subsection for inpatient hospital services provided by state government-owned or operated hospitals on or after December 13, 2003. To qualify for a supplemental payment, the hospital must be owned or operated by the state of Texas.

(2) The aggregate supplemental payment amount will be the annual difference between the aggregate upper payment limit and the inpatient fee-for-service Medicaid payments made to the state government-owned or operated hospitals under this attachment. The aggregate upper payment limit will be calculated, based on Medicare payment principles and in accordance with the federal upper limit regulations at 42 CFR §447.272, using the most recent cost report data available.

(3) The amount of the supplemental payment made to each state government-owned or operated hospital will be determined by:

(A) dividing each hospital's fee-for-service Medicaid payments by the sum of the Medicaid fee-for-service payments of all state government-owned of operated hospitals;

(B) multiplying the percentage calculated in subparagraph (A) of this paragraph by the aggregate supplemental payment calculated in paragraph (2) of this subsection.

(4) Supplemental payments determined under this subsection will be calculated annually and paid quarterly.

(5) Supplemental payments made under this subsection when combined with other inpatient payments made under this section shall not exceed the maximum amounts allowable under applicable federal regulations at 42 CFR §447.271.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 26, 2004.

TRD-200402746

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: June 6, 2004

For further information, please call: (512) 424-6576