Part 5. TEXAS FACILITIES COMMISSION
The Texas Facilities Commission (Commission) proposes amendments to §§122.1 - 122.3, concerning Space Management.
During its rule review, published in the December 21, 2007, issue of the Texas Register (32 TexReg 9735), the Commission has reviewed and considered Texas Administrative Code, Title 1, Part 5, Chapter 122 for readoption, revision, or repeal, in accordance with Texas Government Code §2001.039 (Vernon 2000). The Commission determined that §§122.1 - 122.3, which govern space planning and management within state-owned and state-leased facilities are still necessary, but require further revisions. In a concurrent Agency Rule Review notice, the Commission announces its intent to readopt §§122.1 - 122.3 with amendments. The rule amendments are proposed pursuant to the rulemaking authority granted to the Commission in Texas Government Code, §2165.104(c) (Vernon Supp. 2007) and §2165.108 (Vernon 2000).
Section by Section Summary
The proposed rule amendments update references to the Commission's agency name and an agency Internet website address, delete definitions that are no longer in use in this chapter, and correct typographical errors, including reformatting. Section 122.1 provides definitions for terms and phrases used in this chapter and in studies and reports conducted in accordance with Texas Government Code, Chapter 2165, Subchapter C. Section 122.2 addresses requests for allocation, relinquishment, or modification of space in facilities under the Commission's control, whether owned or leased by the State of Texas, including submission of such requests and consideration by the Commission. Section 122.3 establishes general space allocation guidelines, provides for state agency requests for waivers from such guidelines, and further establishes an appeal process from Commission determinations on space allocation.
Fiscal Note
Edward L. Johnson, Executive Director, has determined that for each year of the first five-year period the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended rules as proposed.
Public Benefit/Cost Note
Mr. Johnson has also determined that for each year of the first five-year period the proposed amendments are in effect the public benefit will be further clarification by updating the references to the Commission and internet websites, omission of definitions no longer in use, and correction of typographical errors.
Mr. Johnson has further determined that there will be no effect on individuals or large, small, and micro-businesses as a result of the proposed amendments. Consequently, an Economic Impact Statement and Regulatory Flexibility Analysis, pursuant to Texas Government Code, §2006.002 (Vernon Supp. 2007), are not required.
In addition, Mr. Johnson has determined that for each year of the first five-year period the proposed amendments are in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under Administrative Procedure Act, Texas Government Code, §2001.022 (Vernon Supp. 2007).
Request for Comments
Interested persons may submit written comments on the proposed amendments to General Counsel, Legal Services Division, Texas Facilities Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via e-mail to rulescomments@tfc.state.tx.us. For comments submitted electronically, please include "Proposed Facilities Space Planning" in the subject line. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed amendments. Questions concerning the proposed amendments may be directed to Susan Maldonado, Assistant General Counsel, at (512) 463-3960.
Statutory Authority
The amendments are proposed under Texas Government Code, Title 10, Subtitle D, §2165.104(c) (Vernon Supp. 2007), and §2165.108 (Vernon 2000), which require the Commission to adopt rules regarding allocation of space in certain state-owned and state-leased facilities.
Cross Reference to Statute
The statutory provisions affected by the proposed amendments are those set forth in Chapter 2165, Subchapter C of the Texas Government Code.
§122.1.Definitions.
The following words and terms, when used in this chapter and
in studies and reports conducted pursuant to Texas Government
Code, Chapter 2165, Subchapter C, [and General Space Allocation
Guidelines,] shall have the following meanings, unless the context
clearly indicates otherwise.
[(1) Administrative Support--Administrative
support technicians, aides, receptionists.]
[(2) Agency Director--The highest-ranking
executive officer with full-time responsibility for the operations
of the agency.]
(1) [(3)] Agency Employee--The
full-time equivalent (FTE) of a person performing services on site
under the direction of a state agency, including hours worked by full-time
employees, part-time employees, and consultant and contract individuals
as defined by the state auditor[;] including employees
paid from funds maintained outside the treasury and hours worked by
volunteers performing necessary services. [Requests must include
all contract and volunteer employees' work-hours and functions.]
[(4) Agency Site--A building or building
complex on a single site or under a single lease contract, where agency
business is transacted or services are provided.]
(2) [(5)] Agency Space Allocation--The
area assigned to an agency calculated on the basis of Gross Area less
the following areas:
(A) Space designated and regularly used for public
activities, including ancillary space such as lobbies, corridors,
toilet rooms and refreshment areas associated with the public space.
This does not include lobbies and other space ancillary to space primarily
intended for internal use by FTEs [FTE's] in
the course of interfacing with clients[,] or to accommodate
occasional visits by members of the public;
(B) Vertical shafts or chases used for circulation (elevators or stairs) or mechanical, electrical, telecommunication, or data cabling distributions;
(C) Mechanical, electrical, telecommunication, and data cabling rooms which house equipment serving more than a single tenant; and
(D) Other areas which are not relevant to tenant agency functions.
(3) [(6)] Circulation Space--Percentage
added to open or built-out spaces to provide adequate egress within allocation.
(4) [(7)] Commission--The Texas
Facilities Commission (TFC) [Building and Procurement Commission
].
[(8) Division Director--The secondary
managerial level, deputy directors, department directors who generally
report to the agency director.]
(5) [(9)] Facilities Service Center [
Request Portal]--Central internet site where
application for all facilities-related work shall be requested. Services
available through the Facilities Service Center [Request
Portal] include[:
] leased or state owned space assignments, [;
] space planning and feasibility studies, [;
] real estate market studies, [;] new
construction, [;] modifications and alterations
of state owned and leased facilities, [;] exclusion
requests for modifications to state owned or leased facilities,
[;] inspections and surveys,[;
] and architectural/engineering
services or consultations. The internet address for the Facilities
Service Center [Request Portal] is:
http://portal.tfc.state.tx.us/fcsm/facilityfrontpage.asp. [
http://portal.tbpc.state.tx.us/fcsm/facilityfrontpage.asp.]
[(10) File Areas--Open or built-out
spaces containing active vertical or lateral file cabinets required
to be readily accessible for daily agency operations. Closed files
should be located in appropriate archival, non-office, facilities.]
(6) [(11)] General Space Allocation
Guidelines--Guidelines developed [used] by TFC
with tenant agencies based on analysis of [TBPC in analyzing]
agency functional needs, adjacencies and quantities [
configuration and quantity] of space. [The
internet address for the General Space Allocation Guidelines is http://www.tbpc.state.tx.us/facplan/index.html.]
(7) [(12)] Gross Area--Gross
Floor Areas shall be the area within the inside perimeter of the outside
walls of the building with no deduction for hallways, stairs, closets,
interior wall thickness, columns, or other features. When floors open
to an atrium, the inside finished surface of the walls enclosing the
atrium shall be used in lieu of an outer building wall.
[(13) Office Machine Areas--Centrally
located open or built-out spaces for copiers, network printers, faxes,
and/or scanners.]
[(14) Professional/Manager--Attorneys,
architects, engineers, doctors, or third level managerial positions
with supervisory responsibilities who generally report to the secondary
managerial level.]
(8) [(15)] Space Allocation Ratio--The
mathematical result of dividing the tenant [occupying]
agency's Space Allocation by the total number of agency employees per site.
(9) [(16)] Space Use Study--A
study conducted by the Commission [commission]
to determine space requirements for state agencies.
[(17) Special Areas--Spaces required
for agency mission-specific operations, such as clinical showers,
evidence rooms, mechanized file systems, public record review areas,
video observation rooms, hearing rooms, centralized computer network
operation rooms, print shops, centralized supply cabinets, and/or
warehouse spaces exceeding 1,000 square feet of non-office space.]
(10) [(18)] State Agency--A department,
commission, board, office, or [of] other agency
in the executive branch of state government created by the state constitution
or a state statute; the supreme court, the court of criminal appeals,
a court of appeals, the Texas Judicial Council; and a university system
or an institution of higher education as defined by §61.003,
Education Code, except a public junior college.
[(19) Technician/Program Administrator-Staff
positions with technical, analytical or program administrative duties
which may include fourth level managerial duties.]
(11) [(20)] Usable Office Space--That
area of space as defined in paragraph (2) [(5)]
of this section, computed by measuring from the finished surface of
the office side of a corridor and/or permanent wall, to the center
of partitions that separate interior spaces from adjoining Usable
Areas, and the inside finished surface of the dominant portion of
the permanent outer building walls.
(12) [(21)] Waiver--The Commission's [
TBPC's] decision to allow more square
feet for an Agency Space Allocation than the tenant agency's General
Space Allocation Guidelines provide.
§122.2.Requests for Allocation, Relinquishment, or Modification of Space in Facilities under the Commission's Control.
(a) Requests for allocation, relinquishment, or modification
of space in facilities under the Commission's control shall be submitted
via the TFC [TBPC] Facilities Service Center
[Request Portal
] by an authorized agency representative. The
internet address for the Facilities Service Center [
Request Portal] is:
http://portal.tfc.state.tx.us/fcsm/facilityfrontpage.asp. [
http://portal.tbpc.state.tx.us/fcsm/facilityfrontpage.asp.]
Requests shall include the following information:
(1) Statement of justification including any increases in [
increased] number of FTEs and the name of the
agency unit; inadequacy of current facilities; lease expiration; and
other reasons relevant to the request for facility space changes;
(2) Certification that funds are authorized and available to accomplish the requested action;
(3) Identification of action requested including whether the request adds, relinquishes, or modified state-owned space; and other reasons relevant to the request;
(4) Desired location including: location of current facility; location of requested facility; or special needs relevant to the request;
(5) Term of need to include: short-term (48 months or less) or long-term (specify duration); date occupancy or action is needed; and any other critical schedule factors;
(6) Present occupancy status of subject agency program
describing whether the unit is now housed in state-owned
or state-leased property (name and address of facility)[
, state-leased,]
or not housed; present lease number; number of current FTEs and agency's
current square footage; requests must include all contract and
volunteer employees' work hours and functions;
(7) Special conditions related to critical agency functions that require facility services beyond regular business hours, or other relevant factors; and
(8) Requesting agency contact and telephone and fax numbers for agency program requiring space or modification.
(b) The requesting agency shall work with TFC [TBPC
] to establish General Space Allocation Guidelines [
space allocation standards] for the agency's particular tasks
and functions.
(c) TFC [The TBPC] will grant
or deny a request in writing. TFC's [TBPC's]
decision on the request is final.
§122.3.Space Allocation.
(a) General. The Commission [TBPC]
is required to allocate space to state agencies based on best space
planning practices for specific functional needs in the best and most
efficient manner possible.
(b) Applicability. Sections 122.1 - 122.3 of this
chapter [title] apply to TFC's [TBPC's
] actions under Texas Government Code, Chapter 2165, Subchapter
C and property subject to that subchapter, as outlined in Texas
Government Code, §2167.001. [and to office space,
warehouse space, laboratory space, storage space exceeding 1,000 gross
square feet, boat storage space, certain aircraft hangar space, vehicle
parking space; and a combination of those types of space.
] These rules apply whether the facility is state-owned or leased.
[(c) Exemptions. This section does not apply to:]
[(1) residential space for Texas Health and Human Services Commission or the Texas Youth Commission;]
[(2) space utilized for less than one month for meetings, conferences, seminars, conventions, displays, examinations, auctions, or similar purposes;]
[(3) a site where it is not practical to apply this section because there are too few employees or because of the need for a particular type or use of the space;]
[(4) radio antenna space;]
[(5) district office space for members of the legislature;]
[(6) residential property acquired by the Texas Department of Housing and Community Affairs or the Texas State Affordable Housing Corporation; or]
[(7) classroom and instructional space except as provided by Government Code §2167.007.]
(c) [(d)] General Space Allocation
Guidelines. Each request for allocation, relinquishment or modification
of agency space will be evaluated in a Space Use Study
to determine specific functional [functionally specific]
requirements. The Space Use Study will be based on space allocation
determined by space planning criteria and design standards. Such criteria
and standards shall relate directly to tasks for which space is being
allocated and shall be updated regularly to reflect changes in best
management practices, office equipment, personnel policies and for
consistency with private sector standards and industry best practices.
TFC [The TBPC] may allocate usable office space in
amounts greater than that provided by the General Space Allocation
Guidelines when:
(1) particular agency tasks require a specific design response not otherwise categorized;
(2) application of the General Space Allocation Guidelines to a given site is not practical; or
(3) the best financial interest of the state allows for greater space.
(d) [(e)] Waivers of General
Space Allocation Guidelines. Waivers may be granted where the
tenant agency is willing to accept different quality space at less
cost in exchange for a greater amount of space; or the tenant agency
will accept space in a different location at a lower cost in exchange
for a greater amount of space; or there is less market flexibility
in the market, as in rural areas. Waivers may also be granted because
of the particular needs of the agency programs.
(e) [(f)] Request for Waiver.
An agency request for a waiver from General Space Allocation Guidelines
must be submitted, in writing, and must:
(1) describe the reason that the General Space Allocation Guidelines are not practical for the particular needs of the agency at the particular location; and
(2) discuss the financial impact of the requested waiver.
(f) [(g)] Appeal of TFC [TBPC
] Space Allocation Determination. A state agency may appeal TFC's [
TBPC's] space allocation determination by
a written request for review from the Executive Director, or equivalent
position, of the state agency to the Executive Director of the
TFC [TBPC]. The request must be received at
TFC [TBPC]
within 14 days of the state agency's receipt of TFC's [TBPC's
] space allocation decision. If the state agency is not satisfied
with the decision of the TFC's [TBPC's] Executive
Director, then the state agency may, within 14 days of the decision,
request a review by the Commission at a scheduled public meeting of
the Commission.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 20, 2008.
TRD-200801525
Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 463-4257
Chapter 177. JUDICIAL COMMITTEE ON INFORMATION TECHNOLOGY
The Judicial Committee on Information Technology (JCIT) proposes to adopt new §177.1 and §177.2, regarding standards for electronic data interchanges. The new rules require data interchanges to comply with the National Information Exchange Model (NIEM) and specify a series of data exchanges that have been developed in a collaborative fashion pursuant to a project known as the "Texas Path to NIEM."
NIEM is a reference model that is the result of a partnership of the U.S. Department of Justice and the U.S. Department of Homeland Security. NIEM was designed to be used as a consistent baseline for creating exchange documents and transactions across government. The goal of NIEM conformance is for the sender and receiver of information to share a common, unambiguous understanding of the meaning of that information. NIEM leverages and extends the data exchange standards implemented by the Department of Justice Global Justice Information Sharing Initiative (the Global Justice XML Data Model) to facilitate timely, secure information sharing across the whole of the justice, public safety, and homeland security communities.
The primary partners in the Texas Path to NIEM project were the Department of Public Safety, the Department of Criminal Justice, and the Office of Court Administration. The Texas Path to NIEM project developed a strategic plan for implementing NIEM in Texas, and it used the NIEM reference model to identify and develop Information Exchange Package Documents (IEPDs) for Texas. The proposed rules require that certain data exchanges comply with the IEPDs developed by the Texas Path to NIEM.
Glenna Bowman, chief financial officer of the Office of Court Administration (OCA), which provides staff support for JCIT, has determined that for each year of the first five-year period the new sections are in effect, there will be fiscal implications for the state as a result of enforcing or administering the rule as proposed. It is anticipated that the Texas Department of Criminal Justice, the Texas Department of Public Safety, the Office of Attorney General, and the Department of Family and Protective Services will adopt these standards by reference, requiring those agencies to implement the standards within at least some of their information technology systems, and that the Office of the Governor and the Department of Information Resources may adopt these standards as a requirement for purposes of justice system grant eligibility, and justice system case management contracts, respectively. Fiscal implications for local governments as a result of compliance with the sections will depend on the existence and terms of any contract with an information technology system vendor.
Bruce Hermes, director of information services with OCA, has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of the new sections will be the capability for justice agencies and courts to achieve integrated justice; i.e., the use of technology to allow the seamless sharing of information at critical decision points throughout the justice system. Texas can improve quality, accuracy, and timeliness of data by creating intermediary standards-based information exchange models. These models will establish rules and structure for data elements that are to be exchanged between different justice and non-justice entities. This goal is vital to enhancing the intrinsic value of the data as it is delivered to the justice, public safety, and homeland security practitioners in the execution of their critical duties.
There will be no cost to small business or individuals, except that private process servers will be required to comply.
Comments on the proposal may be submitted to Bruce Hermes at P.O. Box 12066, Austin, Texas 78711-2066 or electronically to niemrulecomments@courts.state.tx.us. The agency will accept comments through May 5, 2008.
The new rules are proposed under §77.031(2), Texas Government Code, which authorizes the JCIT to develop minimum standards for electronic data interchange and data dictionaries. The proposed rules are expected to support compliance with Chapter 60, Texas Code of Criminal Procedure (Criminal History Record System), §614.017, Texas Health and Safety Code (Exchange of Information [in support of continuity of care for certain offenders]), and the Automated Registry required by OCA Rider 15, General Appropriations Act, 80th Texas Legislature.
No other statutes, articles, or codes are affected by these sections.
§177.1.Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
(1) Court--Any judge who hears criminal cases or child support cases, and the office of the clerk that supports any such judge.
(2) Information Exchange Package (IEP)--A collection of the information that is commonly or universally exchanged between participating domains. The IEP represents a set of data that is actually transmitted between entities for a specific business purpose.
(3) Information Exchange Package Document (IEPD)--A set of data documentation that completely defines the structure and content of a specific information exchange.
(4) Justice agency--The Texas Department of Criminal Justice (TDCJ), the Department of Public Safety (DPS), the Texas Youth Commission (TYC), the Texas Juvenile Probation Commission (TJPC), the Office of Attorney General Child Support Division (OAG), the Office of Court Administration (OCA), the Department of Family and Protective Services (DFPS), any sheriff or local law enforcement agency that employs a peace officer as defined in art. 2.12, Code of Criminal Procedure, any community supervision and corrections department, any public defender office, any constable, any office of a county or district attorney or criminal district attorney, any private process server, and any agency that receives delinquent child support notifications from the Office of Attorney General Child Support Division or from a court.
(5) NIEM--The National Information Exchange Model, a reference model that is the result of a collaborative effort between the U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) that extends the data exchange standards implemented by the DOJ Global Justice Information Sharing Initiative (the Global Justice XML Data Model). Further information is available at www.niem.gov.
(6) Texas Path to NIEM--The local and state justice agency collaborative work project for implementing NIEM in Texas.
(7) XML--Extensible markup language.
§177.2.NIEM Compliance.
As justice agencies implement, upgrade, or create new information systems on or after September 1, 2009, justice information data exchanges among courts and justice agencies, among justice agencies, and among courts, shall be compliant with the IEPDs developed by Texas Path to NIEM.
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 March 20, 2008.
TRD-200801527
Margaret Bennett
General Counsel for Office of Court Administration
Texas Judicial Council
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 463-6321
1 TAC §§252.1, 252.2, 252.4, 252.6
The Commission on State Emergency Communications (CSEC) proposes amendments to §§252.1, 252.2, 252.4, and 252.6 concerning the administration of the exemption from 9-1-1 fees and surcharges, purchases of goods and services, costs for public information requests, and the distribution of wireless service fees, respectively.
Government Code §2001.039 requires each state agency to review and consider for re-adoption each of its rules not later than the fourth anniversary on which the rule takes effect and every four years thereafter. In the December 14, 2007, issue of the Texas Register (32 TexReg 9359), CSEC published notice of its intent to review Chapter 252 rules. CSEC has determined that sufficient reason exists to readopt with amendments §§252.1, 252.2, 252.4, and 252.6.
SECTION-BY-SECTION EXPLANATION
Amendments to §252.1 serve to clarify the association with Health and Safety Code §771.074 regarding the exemption from 9-1-1 fees or surcharges for state and federal governments.
Amendments to §252.2 remove specific language governing CSEC's purchases of goods and services and adopts by reference the Comptroller of Public Accounts' rules relating to the Historically Underutilized Business Program.
Amendments to §252.4 remove specific language governing the charges for fulfilling public information requests and adopts by reference the Attorney General's rules regarding public information charges.
Amendments to §252.6 serve to align CSEC's determination of wireless service fee distribution percentages with decennial census as required by Government Code §311.005(3) and Health and Safety Code §1.002. Currently, the rule uses the state demographer's annual population estimates in calculating the distribution percentages. CSEC proposes an effective date for §252.6 of September 1, 2008 so as not to affect Fiscal Year 2008 wireless fee distributions. The amendments also allow CSEC, upon request of an affected entity, to address boundary issues and changes not reflected in the decennial census.
FISCAL NOTE
Paul Mallett, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that the proposed amended sections are in effect there will be no cost implications to the state or local governments as a result of enforcing or administering the amended sections.
Mr. Mallett and CSEC Staff have estimated that for each of the first five FYs that amended §252.6 is in effect the estimated loss or increase in revenue to the state or local governments is as follows:
FY 2009 - State ($89,000); Local +$89,000
FY 2010 - State ($98,000); Local +$98,000
FY 2011 - State ($108,000); Local +$108,000
FY 2012 - State ($118,000); Local +$118,000
FY 2013 - State ($130,000); Local +$130,000
The foregoing estimates reflect the difference in population percentages between the 2000 decennial census and the state demographer's current population estimates. As compared to the state demographer's estimates, the decennial census figures reflect that an increase in the percentage of the population that resides in areas in which 9-1-1 service is provided by a local emergency communication district (as defined in Health and Safety Code §771.001(3)). Based on wireless service fee collections for FY 2007 of approximately $90 million, the revenue difference represents less than one-tenth of one percent of total collections. The estimates also include an estimated 10% growth rate in total wireless service fee collections. The distribution percentages for each regional planning commission and emergency communication district can be found on CSEC's website under "What's New at CSEC" (http://www.911.state.tx.us/browse.php/defaulthome).
PUBLIC BENEFIT
Mr. Mallett has determined that for each year of the first five years the amended sections are in effect, the public benefits will be to clarify the applicability of the state government exception from 9-1-1 fees and surcharges; to eliminate the need to revise CSEC rules when a controlling agency's rules are amended; and to provide for the distribution of wireless service fees in accordance with decennial population figures. Mr. Mallet estimates no additional economic costs to persons required to comply with the rules.
REGULATORY ANALYSIS
CSEC has determined that this proposal is not a "major environmental rule" as defined by Government Code §2001.0225.
LOCAL EMPLOYMENT IMPACT STATEMENT
CSEC has determined that this proposal does not directly affect a local economy.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Mr. Mallett has determined that there will be no effect on small businesses or micro-businesses, as those terms are defined in Government Code §2003.001, required to comply with this proposal.
PUBLIC COMMENT
Comments on the proposal may be submitted in writing to Patrick Tyler, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942 or by email to patrick.tyler@csec.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
STATEMENT OF AUTHORITY
The amendments are proposed pursuant to the Health and Safety Code §§1.002, 771.051, 771.074, 771.0711(c), 771.078(b) (2); Government Code §311.005(3).
No other statute, article, or code is affected by the proposal.
§252.1.Definition of State Agency for Billing Purpose of the 9-1-1 Service Fees and Surcharges.
The reference to state government in Health and Safety Code §771.074 refers to a state agency. State agency means:
(1) - (2) (No change.)
§252.2.Purchase of Goods and Services.
(a) The purpose of this subchapter is to establish
the authority and responsibility to promote full and equal business
opportunities for all businesses in state contracting in accordance
with the goals specified in the State of Texas Disparity Study. It
is the policy of the State of Texas and the Commission [on State
Emergency Communications (CSEC)] to encourage the use of historically
underutilized businesses [HUBs)] and to implement this
policy through race, ethnic, and gender-neutral means.
[(b) This subchapter applies
to all contracts and purchase orders established under authority delegated
to the CSEC by the Texas Building and Procurement Commission (TBPC),
Title 10, Government Code, section 2151. It also applies to all bids,
proposals, offers, or other applicable expressions of interest over
$100,000 as defined in Texas Administrative Code, Title 1, Part 5,
Chapter 111. Subchapter B, §111.14 and Texas Administrative Code
Chapter 2161 Subchapter F relating to HUB subcontracting responsibilities.]
[(c) In this subchapter, the following definitions apply.]
[(1) Economically Disadvantage Person--A person who is economically disadvantaged because of the person's identification as a member of a certain group, as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B, §111.12, and who has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control.]
[(2) Good Faith Effort (GFE)--Evidence of certain criteria used by prime contractors to promote inclusion of HUBs in contracts over $100,000 or more as defined in TAC §111.13 and §111.14. When applied to agency GFE, the state auditor shall consider whether the agency; has adopted rules under §2161.003, Government Code; has used the Texas Building and Procurement Commission (TBPC) directory and other resources to identify HUBs that are able to contract with the agency; made good faith, timely efforts to contact identified HUBs regarding contracting opportunities; and conducted its procurement program in accordance with the good faith methodology set out in TBPC rules.]
[(3) Historically Underutilized Business (HUB)--A business entity that is a corporation, sole proprietorship, partnership, joint venture, etc. owned or operated by an economically disadvantaged person or persons as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B, Rule 111.12 with its principal place of business in Texas.]
[(4) HUB Subcontracting Plan (HSP)--A plan required to be submitted with bids, proposals, offers, or other applicable expressions of interest that determine or describe HUB subcontracting opportunities probable under the contract as defined in Texas Administrative Code, Title 1, Part 5, Chapter 111, Subchapter B, §111.13 and §111.14.]
(b) [(d)] In accordance with
Government Code §2161.003, the Commission [CSEC]
adopts by reference the rules of the Comptroller of
Public Accounts in 34 Texas Administrative Code §§20.11,
20.12, 20.13, and 20.14, relating to the Historically Underutilized
Business Program. [Texas Building and Procurement Commission
at Title 1, Part 5, Chapter 111, Subchapter B, §§111.11
through 111.28, Texas Administrative Code (relating to the HUB Program),
which rules were promulgated by the General Services Commission pursuant
to Government Code, §2161.002.]
§252.4.Charges for Open Records Requests.
In accordance with Government Code §552.262, the Commission adopts by reference the rules of the Office of the Attorney General in 1 Texas Administrative Code §§70.1 - 70.12, relating to the Cost of Copies of Public Information.
[(a) The fees for copies of the records
of the Commission on State Emergency Communications (Commission) which
are subject to public examination pursuant to the Texas Open Records
Act shall be as follows:]
[(1) $.10 per page for readily available information for less than 50 pages of standard-size paper up to 8 1/2 inches by 14 inches; Each side that has a printed image is considered a page.]
[(2) an additional $15 per hour personnel charge for processing a request for readily available information of 50 pages or more which takes a minimum of one-hour;]
[(3) $.10 per page, plus $15 per hour personnel charge, plus 20% of total personnel charges for overhead charge for any quantity of information that requires over one hour to process and is not readily available;]
[(4) actual postage and shipping charges are added to all requests;]
[(5) nonstandard-size copies would consist of a diskette at $1.00 each, an audio cassette at $1.00 each, a VHS video cassette at $2.50 each, and paper larger than 8-1/2 inches by 14 inches at $.50 per page;]
[(6) any additional reasonable cost will be added at actual cost, with full disclosure to the requesting party as soon as it is known; and]
[(7) a reasonable deposit may be required for requests where the total charges are over $100.]
[(8) provide a requestor with an itemized statement of estimated charges if charges for copies of public information will exceed $40, or if a charge will exceed $40 for making public information available for inspection.]
[(9) if after starting the work, but before making the copies available, it is determined that the initial estimated statement will be exceeded by 20% or more, an updated statement must be sent to the requestor. If the requestor does not respond to the updated statement, the request is considered to have been withdrawn by the requestor.]
[(b) All requests will
be treated equally. The Director may waive charges at his/her discretion.]
[(c) If a request is made
to inspect records instead of receiving copies, access will be by
appointment only during regular business hours of the Commission office
and will be at the discretion of the Director.]
[(d) Confidential or proprietary
documents whose distribution is limited by law will not be made available
for examination or copying except under court order or other directive.]
[(e) All open records requests
must be submitted in writing to the Commission office.]
[(f) Definitions. The following
words and terms, when used in this section, shall have the following
meanings, unless the context clearly indicates otherwise.]
[(1) Full cost--The sum of all direct costs plus a proportional share of overhead, or indirect costs. Full cost should be determined in accordance with generally accepted methodologies.]
[(2) Nonstandard-size copy--A copy of public information that is made available to a requestor in any format other than a standard-size paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, VHS video cassette, and nonstandard-size paper copies are examples of nonstandard-size copies.]
[(3)Readily available information--Information that already exists in printed form, or information that is stored electronically and is ready to be printed or copied without requiring any programming, or information that already exists on microfiche or microfilm. Information that requires a substantial amount of time to locate or prepare for release is not readily available information.]
[(4) Standard-size copy--A printed impression on one side of a piece of paper that measures up to 8-1/2 by 14 inches. Each side of a piece of paper on which an impression is made is counted as a single copy. A piece of paper that is printed on both sides is counted as two copies.]
§252.6.Wireless Service Fee Proportional Distribution.
(a) In accordance with Government Code §311.005(3), the [
The Commission on State Emergency Communications (]Commission[)
] shall use the most recent federal decennial census [
most recent annual estimate from the Texas State Data Center]
to proportionately distribute [the] wireless emergency
service fees [fee] per Health and Safety Code §71.0711(c) and §771.078(b)(2).
(b) Within 90 days of the publication
of the most recent decennial census, the [The] Commission
shall provide the regional planning commissions (RPCs) and those emergency communication districts (ECDs) not participating in a regional
plan with the proposed distribution percentages. RPCs and ECDs may
provide comments to the proposed distribution percentages within the
timeframe set by the Commission. [approve the specific
proportional distributions for a given fiscal year at an open meeting
within 90 days of the start of the state fiscal year.]
(c) The Commission shall adopt the
distribution percentages in an open meeting. [At least
two weeks before that open meeting, Commission staff shall submit
for publication in the Texas Register and provide to each jurisdiction
projected to receive wireless service fees the proposed proportional
distributions for that particular state fiscal year.] The approved
[proportional] distribution percentages [listing ] shall be provided to the
RPCs and ECDs [jurisdictions
that will be receiving the distributions] within thirty (30)
days of adoption by the Commission.
(d) Upon request by an RPC or ECD, the Commission shall review, and modify as necessary, the distribution percentages in order to account for changes in boundaries not evidenced in the most recent decennial census.
(e) The Commission shall notify each ECD when [
recipient of a wireless service fee proportional
distribution each time] a distribution is made. The Commission
shall distribute [any] interest earned on [the]
wireless emergency service fees and credited by the Comptroller
of Public Accounts no less than once each fiscal year [annually].
(f) The effective date of this rule shall be September 1, 2008.
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 March 24, 2008.
TRD-200801550
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 305-6930
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Commission on State Emergency Communications or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Commission on State Emergency Communications (CSEC) proposes the repeal of §252.5 concerning local adoption of a state provision or CSEC rule.
Government Code §2001.039 requires each state agency to review and consider for re-adoption each of its rules not later than the fourth anniversary on which the rule takes effect and every four years thereafter. In the December 14, 2007, issue of the Texas Register (32 TexReg 9359), CSEC published notice of its intent to review its Chapter 252 rules. CSEC has determined that sufficient reason exists to repeal §252.5.
Repeal of §252.5 is to eliminate the requirement that an emergency communication district must notify CSEC in writing of its voluntary adoption of any section of Health and Safety Code Chapter 771 or a CSEC rule. Health and Safety Code §771.062 authorizes an emergency communication district to adopt a provision of Chapter 771 or a CSEC rule, the section neither requires notification nor specifically authorizes CSEC to impose a notification requirement.
Paul Mallett, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) the proposed amendment is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended sections.
Mr. Mallett has determined that for each year of the first five years the proposed amendment is in effect the public benefit will be to eliminate the administrative burden on local governments in complying with the repealed rule. Mr. Mallet estimates no economic costs to persons required to comply with the rules.
CSEC has determined that this proposal is not a "major environmental rule" as defined by Government Code §2001.0225. CSEC has determined that this proposal does not directly affect a local economy.
Mr. Mallett has determined that there will be no effect on small businesses or micro-businesses, as those terms are defined in Government Code §2003.001, required to comply with this proposal.
Comments on the proposal may be submitted in writing to Patrick Tyler, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942 or by email to patrick.tyler@csec.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed pursuant to Health and Safety Code §771.051 and §771.062.
No other statute, article, or code is affected by the proposal.
§252.5.Local Adoption of State Provision or 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 March 24, 2008.
TRD-200801551
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Earliest possible date of adoption: May 4, 2008
For further information, please call: (512) 305-6930