PART 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

CHAPTER 251. REGIONAL PLANS--STANDARDS

1 TAC §§251.1, 251.3 - 251.5, 251.8, 251.9, 251.11 - 251.13

The Commission on State Emergency Communications (CSEC) proposes amendments to §§251.1, 251.3 - 251.5, 251.8, 251.9, and 251.11 - 251.13 concerning guidelines governing the relationship between CSEC and the Regional Planning Commissions regarding the submission of regional strategic plans and amendments; use of revenue; procurement, management, and disposition of 9-1-1 equipment and controlled assets; use of funds for database maintenance; monitoring policies; and emergency notification services.

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 February 1, 2008, edition of the Texas Register (33 TexReg 951) CSEC published notice of its intent to review its Chapter 251 rules. At this time, CSEC has determined that sufficient reason exists to readopt with amendments to nine of the 13 rules. Proposed amendments to the remaining four rules (§§251.2, 251.7, 251.10, and 251.14) will be published at a later time.

Each rule is being amended to shorten the Purpose subsection and delete the Definitions subsection. (CSEC §251.14 is the agency rule for definitions and it will be amended and re-numbered in September 2008 to clarify that it is applicable to all other CSEC rules.)

SECTION-BY-SECTION EXPLANATION

Amendments to §251.1 serve to clarify the minimum requirements for submitting and amending regional strategic plans.

Amendments to §251.3 serve to establish a timeframe for submitting requests for use of revenue and remove the Approval subsection which restates CSEC's statutory obligation to approve regional strategic plans.

Amendments to §251.4 serve to considerably shorten the rule by eliminating the Definitions subsection, removing repeat references to the Americans with Disabilities Act, and shortening the subsections on Testing and Training.

Amendments to §251.5 serve to rename the rule to include "Controlled Assets" and to shorten and clarify the requirements for managing and disposing of 9-1-1 equipment and controlled assets.

Amendments to §251.8 serve to rename the rule to include "9-1-1" to clarify the type of equipment subject to the rule and to shorten the rule to clarify the requirements and eliminate redundant or unnecessary language.

Amendments to §251.9 serve to shorten the rule to clarify the requirements and eliminate redundant or unnecessary language.

Amendments to §251.11 serve to make clear CSEC's authority to do compliance monitoring of the Regional Planning Commissions and their performing local governments or public safety answering points.

Amendments to §251.12 serve to incorporate CSEC's standard form contract between CSEC and the Regional Planning Commissions.

Amendments to §251.13 serve to delete redundant or unnecessary language.

FISCAL NOTE

Paul Mallett, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that amended §§251.1, 251.3 - 251.5, 251.8, 251.9, and 251.11 - 251.13 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.

PUBLIC BENEFIT

Mr. Mallett has determined that for each year of the first five years the amended section is in effect, the public benefits anticipated as a result of the proposed revisions will be added certainty amongst the agency's stakeholders regarding their obligations and responsibilities; additional accountability of public funds; and increased management of equipment and controlled assets purchased with public funds.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

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 and, therefore, has not drafted a local employment impact statement as would otherwise be required under the Administrative Procedures Act §2001.022.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

In accordance with Government Code §2006.002(c), Mr. Mallett has determined that there will be no adverse economic effect on small businesses and micro-businesses as the rules being amended affect only the relationship between CSEC and the Regional Planning Commissions. Accordingly, CSEC has not prepared an economic impact statement or regulatory flexibility analysis.

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 §§771.051, 771.055, 771.056, 771.057, 771.061, 771.075, 771.0751, 771.078, 771.079.

No other statute, article, or code is affected by the proposal.

§251.1.Regional Strategic Plans for 9-1-1 Service.

(a) Purpose. The purpose of this rule is to establish [ Commission on State Emergency Communications (Commission) herein establishes] a framework for regional planning commissions (RPCs) to use in the development and submission of regional strategic plans for 9-1-1 service, or amendments thereto, pursuant to Health and Safety Code §771.055 - 771.057 [for provisioning 9-1-1 service]. Regional strategic plans should, at a minimum, include[, but not be limited to,] the elements and subsections required by statute, [of] this rule, and applicable Commission policies and procedures. [Other rules provide specific standards for performance of these requirements.]

[(b) Definitions. Unless the context clearly indicates otherwise, terms contained in this rule are defined as shown in Commission Rule 251.14, General Provisions and Definitions.]

[(c) Regional Plan Submission. All regional strategic plans for 9-1-1 service, or amendments thereto to those regional plans, must be submitted to the Commission for approval or disapproval as by a RPC as specified by Health and Safety Code, Chapter 771, §771.056, Submission of Regional Plan to the Commission, and §771.057, Amendment of Plan. The RPC shall comply with all applicable federal and state laws in carrying out its approved regional plan.]

(b) [(d)] Regional Plan Scope. Regional [All regional] plans [ for 9-1-1 service submitted for approval ] must address the entire geographic area within the boundaries of the [a] RPC. The regional plan must identify all participating public safety agencies and Emergency Communication Districts. [All counties with a population greater than 120,000, according to the latest federal census, must have 9-1-1 service by September 1, 1995. In counties with less than 120,000 in population, resolutions supporting the regional plan must be included for all participating cities and counties. Because the definition of Public Agency in Health and Safety Code, Chapter 771, §771.001(7) creates a possibility of overlapping jurisdictions, the city or county government of that area should submit the resolution to support the regional plan.]

(c) [(e)] Regional Plan Criteria. In addition to the elements required by Health and Safety Code §771.055, regional plans must include the following, in order: [The regional plan must include a description of how the 9-1-1 service is to be administered, a description of how money is to be allocated within the region, projected financial operating information for the two state fiscal years following the submission of the regional plan, strategic planning information for the five state fiscal years following the submission of the regional plan, and a detailed description of the equipment, network, and database services as required by Health and Safety Code, Chapter 771, §771.055, Strategic Planning.]

(1) Contingency routing plan;

(2) Network testing plan;

(3) Local monitoring plan;

(4) Capital asset plan;

(5) Network diagrams;

(6) Database maintenance plan; and

(7) Equipment maintenance plan.

(d) [(f)] Regional [All regional ] plans [for 9-1-1 service] must include at least one Primary PSAP and the following equipment and service at all PSAPs:

(1) Automatic Number Identification (ANI) level of service;

(2) Automatic Location Identification (ALI) level of service;

(3) Wireless Phase I E9-1-1 level of service;

(4) TDD/TTY or TDD/TTY compatible equipment in compliance with the Americans with Disabilities Act (ADA) and in compliance with Commission Rule 251.4, Guidelines Accessibility Equipment.

(5) A standby power supply for the 9-1-1 equipment;

(6) Forced disconnect feature to allow the PSAP to clear incoming circuits when necessary;

(7) The following must be redundant [redundant crucial service items]:

(A) Network connections between each service provider facility [telephone central office or mobile switch] and the 9-1-1 Network Provider's selective router (SR) [SR ];

(B) Network connections from the SR to the Primary PSAP;

(C) Network connections from the ALI database to the Primary PSAP;

(D) Database routers at the Primary PSAP;

(E) Telephone sets and/or integrated ANI and ALI display call taking positions; and

[(F) Stand-alone TDD units; and]

(F) [(G)] Any other equipment essential to the 9-1-1 call-taking function.

(8) A published ten-digit emergency telephone number that can accept emergency calls 24 hours a day, 7 days a week, 365 days a year and which is answered by a qualified 9-1-1 call taker;

(9) A positive response to each 9-1-1 call to include an audible ringing tone connecting to a PSAP where either the call is answered by personnel at the PSAP or a recorded announcement provides further information; and

[(10) The following required elements to ensure the reliability of the 9-1-1 equipment and service:]

[(A) Contingency routing plan;]

[(B) Network testing plan;]

[(C) Local monitoring plan;]

[(D) Capital asset plan;]

[(E) Network diagrams;]

[(F) Database maintenance plan; and]

[(G) Equipment maintenance plan].

[(g) Amendments to Regional Plan. A regional plan may be amended according to procedure established in accordance with Commission Rule 251.6, Guidelines for Strategic Plans, Amendments, and Revenue Allocation.]

(e) [(h)] Call Taking Positions. Requests for an increase in the number of 9 1-1 call taking positions within a PSAP should be submitted for approval with submission of the regional strategic plan. If an increase in the number of positions is required after the regional plan has been approved, the RPC shall comply with Commission rules, policies and procedures.

(f) [(i)] Adding a PSAP. AnRPC may request [Should there be a need] to add a new PSAP within the region by submitting an amendment to its regional plan and shall[, the RPC shall] follow the requirements for amendments in accordance with Commission [Rule 251.6, Guidelines for Strategic Plans, Amendments, and Revenue Allocation. The amendment request shall comply with Commission] rules, policies and procedures.

(g) [(j)] Contracts. Each [The ] RPC shall execute interlocal agreements between itself and each public agency in the RPC's region that address, at a minimum, [ its local governments responsible for PSAPs relating to ] the planning, development, operation and provision of 9-1-1 service, the use of 9-1-1 funds, and the requirements in the contracts promulgated pursuant to [and adherence to applicable law in accordance with] Commission Rule 251.12, Contracts for 9-1-1 Services [Contracts for 9-1-1 Services].

[(k) Procurement. The RPC shall use competitive procurement practices and procedures similar to those required by state law for cities or counties, as well as any additional Commission policies, in conjunction with the procurement of 9-1-1 Customer Premises Equipment, 9-1-1 Network, and 9-1-1 Database Services, and any other items to be obtained with 9-1-1 funds in accordance with Commission Rule 251.8, Guidelines for the Procurement of Equipment and Services with 9-1-1 funds.]

[(l) Equipment Management. The RPC is responsible for the 9-1-1 equipment in accordance with Commission Rule 251.5, Guidelines for 9-1-1 Equipment Management and Disposition. Any integration of expanded third-party applications onto a call taking position must be in accordance with Commission Rule 251.7, Guidelines for Implementing Integrated Service. If changes or extensions of 9 1-1 service occur, the RPC is to administer and report them in accordance with Commission Rule 251.2, Guidelines for Changing or Extending 9-1-1 Service Arrangements]

(h) [(m)] Testing. Each [The ] RPC shall test all 9-1-1 equipment [Customer Premises Equipment (including TDD/TTY), 9-1-1 Network,] and Services [9-1-1 Database services. ] Testing shall occur when new service or equipment is installed, service or equipment is modified, and on a regular basis to ensure system reliability and compliance with the ADA. A schedule for ongoing testing shall be developed by the RPC and shall be available to the Commission for monitoring.

[(n) Monitoring. The Commission reserves the right to perform on site monitoring of the RPC and/or its performing local governments or PSAPs, including mobile PSAPs, for compliance with applicable law in accordance with Commission Rule 251.11, Monitoring Policies and Procedures.]

(i) [(o)] Performance Reporting. Each [A ] RPC shall submit financial and performance reports to the Commission at least quarterly on a schedule to be established by the Commission. The financial report shall identify actual implementation costs by county, budget allocation, [strategic plan priority level], and component. The performance report shall reflect the progress of implementing the region's strategic plan including, but not limited to, the status of equipment, services, and program deliverables in a format to be determined by the Commission.

§251.3.Use of Revenue in Certain Counties.

(a) Purpose. The purpose of this rule is to implement §771.0751 [Section 771.0751 of the Texas] Health and Safety Code, which authorizes the Commission to use 9-1-1 fees and surcharges in certain counties, in addition to other authorized or required uses, for any necessary 9-1-1 related costs.

[(b) Definitions. Unless the context clearly indicates otherwise, terms contained in this rule are defined in Commission Rule 251.14, General Provisions and Definitions.]

(b) [(c)] Eligibility. The eligibility for approval of funding under this rule is as follows:

(1) A PSAP within a county participating in a regional strategic plan with a population of at least 700,000 as reported by the Texas State Data Center; or

(2) A PSAP within a county participating in a regional strategic plan that has the highest population within the region as reported by the Texas State Data Center.

(c) [(d)] Requests. Requests for funding under this rule shall be submitted by the RPC as an amendment to its regional strategic plan at fiscal year close out when all encumbrances and payables have been expended in accordance with Commission rules, policies and procedures; must demonstrate that all basic regional 9-1-1 needs have been met prior to funding under this rule; and must include a letter signed by the RPC's Executive Director authorizing the request and listing each PSAP to receive funding and the respective amount to be received. [part of the regional strategic plan or proposed as an amendment to the regional plan, subject to the format and documentation requirements and review and approval processes as described in Commission Rule 251.1, Regional Strategic Plans for 9-1-1 Service, Commission Rule 251.6, Guidelines for Strategic Plans, Amendments, and Revenue Allocation, and other applicable Commission rules and policies. Requests should demonstrate that all basic regional 9-1-1 needs are met and maintained prior to any additional costs proposed under this rule.]

[(e) Approval. Approval of regional plans or amendments requesting funds under this rule may only be approved by vote of the Commission. Once approved, procurement, operation, and maintenance of enhancements funded under this rule are subject to all applicable Commission rules and policies.]

§251.4.Guidelines for Accessibility Equipment.

(a) Purpose. The purpose of this rule is to establish [ As authorized by Chapter 771 of the Texas Health and Safety Code, the Commission on State Emergency Communications (Commission) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the State of Texas. In accordance with §771.055 of the above chapter, such service implementation shall be consistent with regional plans developed by regional planning commissions. The Commission herein establishes] minimum standards for [ regional planning commissions (]RPCs[) ] to use in complying with applicable sections of the Americans with Disabilities Act (ADA) [ as pertain to the provisioning of emergency communications services].

[(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:]

[(1) Customer Premises Equipment (CPE)--the terminal equipment at a PSAP.]

[(2) Integrated TDD--the TDD has been incorporated into the CPE equipment.]

[(3) 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.]

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

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

[(6) 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]

[(c) The Americans with Disabilities Act (P.L. 101-336), commonly referred to as the ADA, impacts telephone emergency communications services by mandating direct access to the service via TDD and computer modem. Title II, Section 35.162 of the ADA states: "Telephone emergency services, including 9-1-1 services, shall provide direct access to individuals who use TDD's and computer modems." Although the ADA does not mandate TDD detection equipment, the Department of Justice addresses the issue of a "silent call" in their Technical Assistance Manual by stating, "operators must be trained to recognize that silent calls may be TDD or computer modem calls and to respond appropriately." Installation of detection equipment will assist the telecommunicator in call-handling efficiency.]

[(d) The Commission has established rules and policies that must be implemented in a 9-1-1 Regional Strategic Plan (Chapter 251). The Commission will consider as part of the regional plan, accessibility equipment that will improve the effectiveness and reliability of 9-1-1 call delivery systems and provide direct access to individuals who use TDDs and computer modems. This may include the following when the equipment is for ADA compliant 9-1-1 call delivery: TDD detection equipment, integrated TDDs, and stand-alone TDDs.]

[(e) Policies and Procedures.]

(b) [(1)] Equipment.[: ] All 9-1-1 Public Safety Answering Points (PSAPs) must have telecommunication device for the deaf (TDD) [TDD] accessibility equipment at each 9-1-1 call taking position [ call station]. This equipment may be integrated into the CPE or may be a separate stand-alone unit. In addition, each PSAP must also have at least one functioning stand-alone TDD unit available to be used as back-up in the event of equipment failure; in order to comply with Title II of the ADA. [CSEC Rule 251.6 outlines the strategic planning process for the provisioning of this equipment.]

(c) [(2)] Testing.[:] In accordance with Commission Rule 251.1, Regional Strategic Plans for 9-1-1 Service, all [All] PSAPs must test the 9-1-1 equipment to ensure that the integrated and stand alone TDD is functioning properly. [within the CPE equipment. The stand-alone unit should also be tested regularly to ensure it is functioning properly. CSEC Rule 251.1 states "The RPC shall test all 9-1-1 Customer Premises Equipment (including TDD/TTY), 9-1-1 Network, and 9-1-1 Database services. Testing shall occur when new service or equipment is installed, service or equipment is modified, and on a regular basis to ensure system reliability and compliance with ADA. A schedule for ongoing testing shall be developed by the RPC and shall be available to the CSEC for monitoring."]

(d) [(3)] Training.[:] All 9-1-1 call takers must be trained to recognize and accept TDD calls through both the integrated and stand alone TDD [equipment and the stand-alone unit in order to be in compliance with the ADA]. Training [This training] must be offered [at least as often as all other training, but] at a minimum of once every six months. [The Commission has established "Best Practices for Basic 9-1-1 System Training" along with an accompanying "Best Practices Training Manual" to assist the RPCs in meeting ADA Title II minimum requirements.]

§251.5.Guidelines for [ 9-1-1 Equipment ] Management and Disposition of 9-1-1 Equipment and Controlled Assets .

(a) Purpose. The purpose of this rule is to implement [ establish] the Texas Uniform Grant Management Standards (UGMS) [as the required procedure] for the management and disposition of 91-1 [capital] equipment and controlled assets purchased with 9-1-1 funds. Instructions [ Other instructions] provided in this rule are in addition to the direction provided in UGMS.

[(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.]

(b) [(c)] Management and Disposition [ of Equipment]. Each RPC shall designate at least one individual who is responsible and accountable for all 9-1-1 equipment [Equipment, Database Maintenance Equipment], and controlled assets in its region purchased with 9-1-1 funds.

(c) [(d)] Interlocal Agreement [ agreement]. For all 9-1-1 equipment and controlled assets not under [maintained on] the RPC's direct control [premises], the RPC [ RPCs] will [ contract with each of its participating local governments to ] ensure, at a minimum, that:

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

(2) Contract [All contract] provisions for 9-1-1 equipment and controlled assets set forth in its [ the] interlocal agreements are [agreement shall be] consistent with UGMS.

(d) [(e)] Maintenance. Maintenance procedures shall be in place to keep 9-1-1 equipment and controlled assets [the property] in good working order [ condition].

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

(2) The Commission shall review maintenance costs for consistency with funding priorities and the approved regional [ RPC] strategic plan.

(e) [(f)] Property Records. Each RPC shall maintain property records in an inventory list and provide the list to the Commission [Property records shall be maintained and provided to the CSEC] upon request.

(1) All 9-1-1 equipment and controlled assets [ 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) A [CSEC requires a] physical inventory of all 9-1-1 equipment and controlled assets shall be taken at least once a year [to be taken] and the results reconciled to the property records [annually]. An annual certification [of assets] shall be provided to the Commission in accordance with Commission rules, policies and procedures [CSEC according to CSEC policy].

(f) [(g)] Control System. A control system must be in place [developed] to ensure adequate safeguards to prevent loss, damage, or theft of 9-1-1 equipment and controlled assets. Documentation [of the property. A description] of the control system shall be provided to the Commission [CSEC] upon request.

(g) [(h)] Disposition. Funds generated by the disposition of 9-1-1 equipment andcontrolled assets shall be reported to the Commission [CSEC ] on the Financial Status Report [according to CSEC policy ]. A [disposition] report listing all disposals of 9-1-1 equipment and controlled assets shall be provided to the Commission [CSEC] annually [ according to CSEC policy].

[(i) 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) 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.]

[(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.]

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

(a) Purpose. The purpose of this rule is to implement [ establish] the Texas Uniform Grant Management Standards (UGMS) [as the required procedure] for purchases of 9-1-1 equipment and services made with 9-1-1 funds. Instructions [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 [commission's] (RPC) from implementing [use of] more stringent competitive procurement 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.]

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

(c) [(d)] Statewide Procurement. The Commission reserves the right to procure [certain] 9-1-1 equipment and services [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 best interest of the State program [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 system [systems' ] infrastructure and best meet the needs of the local governments.

(d) [(e)] Industry Standard. All purchases of 9-1-1 equipment and services [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.]

(e) [(g)] Competitive Procurement Required. Competitive procurement is required for all Capital Purchases [purchases defined as capital purchases, including lease contracts with a value of greater than $5,000].

(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] satisfy this section of the rule.

(3) Purchases of tariffed goods or services meeting the definition of capital purchases are subject to competitive procurement. An [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.

(f) [(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.

(g) [(i)] Record Retention. All procurement[ -related] records must be maintained by RPCs [ a RPC] in accordance with UGMS and each [the ] RPC's record retention [adopted procurement] policy . Documentation will be[, and] made available to the Commission upon request.

(h) [(j)] Code of Ethics. An RPC employee [ Employees of RPCs], whose salary is funded in whole or in part with 9-1-1 Funds [funds], shall adhere to the following ethical standards. Each RPC [RPCs ] shall establish a policy [policies] to ensure that this [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. RPC employee [An 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 a vendor or [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.]

(i) [(k)] Compliance. If an RPC [ 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.

(j) [(l)] 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.]

§251.9.Guidelines for Database Maintenance Funds.

(a) Purpose. The purpose of this rule is to provide guidelines for using 9-1-1 Funds to maintain location information databases. [Commission on State Emergency Communications (Commission) has adopted a policy regarding database maintenance and the use of state funds. These guidelinesaddress the use and distribution of 9-1-1 Funds and other related funds. The maintenance of street addresses is essential to E9-1-1 systems utilizing the Automatic Location Identification (ALI) feature, which displays the locations of 9-1-1 callers.]

[(b) Background. As authorized by the Texas Health and Safety Code, Chapter 771, the Commission may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the state of Texas. The implementation of such service involves the procurement, installation, and operation of equipment designed to support or facilitate the delivery of an emergency call to an appropriate emergency response agency. The Commission has funded addressing projects through the state to allow for the implementation of Automatic Location Identification (ALI) level of service. It has been the policy of the Commission to fund geographic information systems and the development of digital maps to support such activities. The Commission recognizes that the maintenance of addressing systems is essential for the proper operation of an E9-1-1 system and the delivery of a caller's location. If not properly maintained, the maps and records associated with an ALI system will soon become unreliable.]

[(c) Definitions. Unless the context clearly indicates otherwise, terms contained in this rule are defined as shown in Commission Rule 251.14, General Provisions and Definitions.]

[(d) A regional planning commission (RPC) or emergency communication district (District) applying on behalf of a county has completed addressing is considered eligible for database maintenance funding.]

(b) [(e)] Interlocal agreements shall be executed between the RPC and the county. The agreement shall identify the database maintenance responsibilities of all parties and provide for the reporting of performance measures.

(c) [(f) A database maintenance plan shall be submitted by the RPC in conjunction with the approved strategic plan.] The database maintenance plan in an RPC's regional strategic plan shall provide an overview of all projected activities, and identify all parties involved and their associated responsibilities.

(d) [(g)] Annual database maintenance budgets shall be submitted by the RPC [ local governments] each biennium with the strategic plan, identifying all projected database maintenance expenditures. [ These budgets will be reviewed during the strategic plan review process.]

[(h) Budgeted costs associated with Database Maintenance shall be monitored by the Commission staff for consistency with approved strategic plans.]

[(i) Requesting Database Maintenance Funds. A request from a RPC or District must contain the following:]

[(1) Certification of a fully executed interlocal agreement between the RPC and the county;]

[(2) A database maintenance plan identifying all activities and responsible parties involved; and]

[(3) An approved budget outlining database maintenance components and projected expenditures.]

(e) [(j) Budget Components. A RPC or a District must submit a database maintenance budget to the Commission for approval.] County database maintenance budgets are limited to approved strategic plan amounts and may only include the following cost components. Fund distribution among these components is at the discretion of the RPC to best fit the needs of the region.

(1) Personnel. For each staff position, the following must be provided:

(A) Position title;

(B) Duties related to database maintenance;

(C) Total salary for the budget period;

[(D) Chargeable salary (total salary less release time);]

(D) [(E)] Percentage of time to be charged to database maintenance; and

(E) [(F)] Total salary chargeable to database maintenance.

(2) Travel. Total local travel estimated for the budget period multiplied by the current reimbursement rate for use of personally owned vehicles as defined by the State of Texas and[.List ] the cost rate for county owned vehicles are eligible county database maintenance travel expenses.

(3) Supplies. Consumable [Total costs associated with consumable] office supplies to be purchased during the budget period and[. Also, total] costs associated with the reproduction of maps are eligible expenses [for use by local emergency service agencies may be reflected as part of this item].

(4) Rent. Total square feet of space devoted to database maintenance times the rental rate to be charged during the budget period.

(5) Maintenance and Repairs. Maintenance [ Total maintenance] costs for database maintenance equipment , such as computers [during the budget period. Computers ], printers, plotters, distance measuring devices [ (DMD)], global positioning satellite [(GPS) ] equipment and sign-making machines, may be included.

(6) Communications. Total costs for communications including telephone, fax, courier, etc., during the budget period.

(7) Postage and Mailing. Total costs for postage and mailing services expected during the budget period.

(8) Utilities. Total costs for utilities such as electricity, gas, water, etc., for the database maintenance office space expected during the budget period.

(9) Training. Total costs for training associated with database maintenance functions for staff funded in whole or in part with 9-1-1 funds [expected during the budget period].

(10) Street Sign Replacement. Itemize the cost [Cost ] share for [of] the replacement of existing street signs located in the unincorporated areas of the county. [This item shall not include the purchase of new signs in the county subsequent to the completion of rural addressing.]

§251.11.Monitoring Policies and Procedures.

(a) Purpose. [The Commission on State Emergency Communications (Commission) shall monitor, at least annually, each regional planning commission (RPC) to assess administrative, fiscal, contractual, procurement, inventory, local monitoring, and program activities for compliance with applicable laws, rules, policies and procedures, and effectiveness in implementing E9-1-1 service in the RPC jurisdiction.] The purpose of this rule is to provide policies and procedures to be used by the Commission in monitoring each Regional Planning Commission's (RPC) implementation and provisioning of E9-1-1 service [ and guidelines by which to conduct all monitoring activities].

[(b) Background. As authorized by the Texas Health and Safety Code, Section 771.051, the Commission shall develop minimum performance standards for equipment and operation of 9-1-1 service to be followed in developing regional plans, and impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the State of Texas. The Commission reserves the right to perform monitoring of the RPC and/or its performing local governments or PSAPs for compliance with applicable law, rules, policies and procedures. Monitoring activities shall provide the Commission with the information and data necessary to best assist RPCs and local governments in implementing and strengthening the 9-1-1 system in Texas.]

(b) [(c)] The Commission reserves the right to perform monitoring of the RPC and/or its performing local governments or PSAPs for compliance with applicable law, rules, policies and procedures. Monitoring activities shall provide the Commission with the information and data necessary to best assist RPCs and local governments in implementing and strengthening the 9-1-1 system in Texas. [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.]

(1) Monitoring--Activity Commission monitoring shall include the following:

(A) Evaluation of RPC policies and procedures for program quality and outcomes to ensure compliance with the Contract, as well as the objectives and standards set forth in all Commission Rules, Policies and Procedures, and especially relating to the rules contained in Chapter 251--Regional Plans;

(B) Determination of whether the RPC has demonstrated substantial compliance with oversight requirements, including:

(i) compliance with applicable provisions of the state's Uniform Grant Management Standards (UGMS);

(ii) competitive procurement procedures and documentation;

(iii) contract administration systems to ensure receipt of contracted deliverables;

(iv) ownership, transfer of ownership, and/or control of equipment acquired with 9-1-1 funds;

(v) maintenance of a current inventory of all 9-1-1 equipment;

(vi) maintenance of adequate and accurate fiscal records and documentation;

(vii) execution of interlocal agreements between RPC and participating local governments relating to the planning, development, operation, and provision of 9-1-1 service and the use of 9-1-1 funds, per the Contract, Article 4, Standard Interlocal Agreements with Local Governments.

(C) Examination of RPC 9-1-1 funds expended against the strategic plan component budgets and any limitations therein according to applicable law and rules.

(2) Monitoring Report and Response--The Commission will prepare a written report that describes the findings, and any possible violations, discovered during a monitoring review. Commission will complete a written monitoring report within 30 days of the conclusion of the initial monitoring activities, and will provide the RPC a copy of the report upon completion. Upon completion and receipt of the initial report, the following process shall apply: [The RPC will have opportunity to respond as outlined in subparagraphs (A) - (F) of this paragraph.]

(A) An [The] RPC may [shall ] provide a written response to the initial monitoring report within 30 days of receipt of the report. The response should be provided or approved by the RPC Executive Director and/or the Executive Committee[, according to RPC authority and internal procedures].

(B) The Commission Executive Director will report a summary of the RPC's final compliance assessment upon completion of all monitoring activities, reports and RPC responses, along with a recommendation for acceptance or disapproval. The Commission may act to accept the Executive Director's recommendation. The Commission will convey its acceptance of responses, resolutions or recommendations in writing to the RPC within five working days of any such action.

(C) The Commission may delay action pending requests for additional information or investigation, and any follow up actions deemed necessary for resolution. Any such requests shall be made in writing to the RPC within five working days. The RPC shall have 15 working days in which to provide additional information requested by the Commission. Commission Executive Director will present any additional information to the Commission at its next regularly scheduled meeting in conjunction with appropriate staff review and determination. Final resolution of monitoring findings shall be communicated to the RPC within five working days.

(D) The Commission may disallow specific expenditures of 9-1-1 funds, and may direct the RPC to repay the 9-1-1 fund of any disallowed expenditure. The Commission shall communicate any such disallowance to the RPC within five working days of Commission action.

(E) The RPC may appeal a decision to disallow expenditures by writing to the Executive Director of the Commission. A review board will make recommendations to the Commission Executive Director for approval, disapproval, or approval with modifications, of monitoring exceptions. The Commission will send the final written determination by the Executive Director to the RPC within 30 calendar days of the decision. Unless other repayment plans are made, the RPC must refund all funds due after a final determination is made by the Executive Director. Failure to comply with this provision will subject the RPC to the provisions of this subsection.

(3) Disallowance and Repayment--The RPC shall reimburse the 9-1-1 fund for any 9-1-1 surcharge funds and service fees (9-1-1 funds) expended by the RPC in noncompliance with applicable law and rules. Such reimbursement shall be made in accordance with the procedure established in subparagraphs (A) - (E) of this paragraph.

(A) The RPC shall provide a written proposal to the Commission for repayment within 30 days of notification of disallowance of any 9-1-1 fund expenditures. Repayment to the 9-1-1 fund shall be completed within a reasonable length of time as established by the Commission, not to exceed 5 years.

(B) The RPC shall provide detail, in writing, of its efforts to recover 9-1-1 funds from its participating local governments and/or vendors, in compliance with the MOU, Section 2.4.

(C) The repayment plan shall be reviewed and approved by the RPC Executive Committee, or Board, prior to being submitted to the Commission.

(D) Upon receipt of the RPC repayment plan, Commission staff shall present the plan and staff recommendations to the Commission at its next regularly scheduled meeting.

(E) The Commission may accept or reject any repayment plan proposal. In either case, the RPC shall be notified of the Commission's action with five working days. In the case of rejection, this paragraph shall be repeated until resolution is accomplished.

(4) Monitoring of Repayment--Commission staff shall closely monitor repayment of any disallowed fees through review of Financial Status Reports, submitted quarterly, to the Commission. Any discrepancies or irregularities shall be reported to the Commission's internal auditor and reported to the Commission.

(5) Repeated Problems or Findings and Sanctions--If subsequent annual monitoring review reveals repeated findings that have not been corrected from a prior year's monitoring report, the RPC shall be deemed to be in continued violation. In accordance with State law, the Commission may consider designating another administrative entity if it is determined that a continued violation by an RPC constitutes willful disregard of applicable law and rules, gross negligence, or failure to observe accepted standards of administration.

(c) [(d)] RPC Monitoring of Interlocal Agreements and Performance.[--Per Contract, Article 4. Standard Interlocal Agreement with Local Governments, each RPC shall execute an agreement between itself and each of its participating local governments and/or PSAPs in order to establish responsibilities for implementation of 9-1-1 service, the use of 9-1-1 funds, and adherence to applicable law and rules.] The RPC shall monitor, at least annually, the performance on each of its interlocal [ these] agreements [with each of its local governmental entities ].

(1) Local Monitoring Plan Development--Each RPC shall develop its own local-level monitoring plan that shall be incorporated into its Regional [9-1-1] Strategic Plan. Local monitoring plans shall include, but are not limited to, the following listed in subparagraphs (A) - (B) of this paragraph.

(A) A schedule or timetable for monitoring all interlocal contracts, 9-1-1 funded activities, equipment, PSAPs and subcontractors;

(B) Annual reviews of all subcontracts, especially addressing and/or addressing maintenance contracts;

(2) Compliance with Contract Stipulations--The RPC shall monitor each interlocal contract for performance of contract deliverables, which shall include the stipulations contained in the Contract, Article 4, Standard Interlocal Agreements with Local Governments.

(3) Documentation--Local monitoring activities, findings, recommendations and responses shall be documented in writing and retained for at least 5 years.

(4) Reporting Procedures--The RPC shall establish reporting procedures to convey the monitoring data to the RPC Executive Director, Executive Committee and the Commission.

(5) Reports to the Commission--The Commission shall require, at a minimum, the following documentation and information listed in subparagraphs (A) - (C) of this paragraph.

(A) Certification or other assurance that interlocal agreements have been executed between the RPC and each of its performing Local Governments. Such certification shall be communicated to the Commission within the RPC's biannual strategic plan submission, or upon the Commission's request.

(B) Local Monitoring Plans shall be submitted to the Commission in conjunction with the regularly scheduled biannual 9-1-1 Strategic Plan submission. Revisions to any such document shall be submitted to the Commission in writing as they occur.

(C) Local monitoring findings shall be submitted to the Commission as they are completed and approved by the RPC Executive Director, according to the local schedule, and shall be submitted in conjunction to regular Commission performance reporting schedules. The Commission shall exercise its right to conduct monitoring activities as a result of the local monitoring reports.

§251.12.Contracts for 9-1-1 Services.

(a) Purpose. The purpose of this rule is to implement the requirement in Health and Safety Code §771.078 that the Commission adopt by rule [In accordance with Chapter 771 of the Texas Health and Safety Code, this rule shall provide] the standard provisions for contracts between the Commission [on State Emergency Communications (Commission)] and Regional Planning Commissions (RPCs) for the provisioning of 9-1-1 service.

[(b) Background. The Commission shall contract with each RPC for the provision of 9-1-1 services. Each contract shall substantially conform to the standard contract form, in accordance with Commission policies and procedures.]

(b) [(c)] Per Health and Safety Code[, ] §771.078(c), contracts under this section must provide for:

(1) the reporting of financial information regarding administrative expenses by RPCs in accordance with generally accepted accounting principles;

(2) the reporting of information regarding the current performance, efficiency, and degree of implementation of emergency communications services in each RPC's service area;

(3) the collection of efficiency data on the operation of 9-1-1 answering points;

(4) standards for the use of answering points and the creation of new answering points;

(5) quarterly disbursements of money due under the contract, except as provided by paragraph (6) of this subsection;

(6) the Commission to withhold disbursement to a RPC that does not follow a standard imposed by the contract, a Commission rule, or a statute; and

(7) a means for the Commission to give an advance on a quarterly distribution under the contract to a RPC that has a financial emergency.

(c) Per Commission rules, policies and procedures, the Commission shall provide a standard form for contracts under this section.

§251.13.The Use of the 9-1-1 Database for Emergency Notification Services.

(a) Purpose. Pursuant [The Commission on State Emergency Communications (Commission), pursuant] to Texas Health and Safety Code Chapter 771, §771.051(a)(7), [is charged by the Texas Legislature to "assist in planning, supporting, and facilitating 9-1-1 databases, as needed." As such,] the purpose of [Commission issues] this rule is to assist the regional planning commissions (RPCs) and local governments in the proper planning, supporting, and/or facilitation of the use of the 9-1-1 database information for emergency notification services.

(b) Background. State law provides, and the Texas Attorney General has concluded, that the 9-1-1 database information is confidential and is not available for public inspection. (Texas Health & Safety Code[, Section] §771.061(a); Texas Attorney General Open Records Decision 661, 1999.) Thus, RPCs assisting local governments or providers that support emergency notification services in the use of the 9-1-1 database information for emergency notification services should, unless otherwise ruled to the contrary by the Texas Attorney General or a court of competent jurisdiction, require the same degree of confidentiality protections for the 9-1-1 database information when it is used for emergency notification services as they do when the information is used for 9-1-1 emergency service purposes. Furthermore, because of the confidential nature of the 9-1-1 database information and because it contains unlisted and unpublished numbers, RPCs should retain the right to withdraw their assistance if the local government or the providers that support emergency notification services do not maintain the confidentiality of the information or misuse the emergency notification services.

[(c) Definitions. Unless the context clearly indicates otherwise, terms contained in this rule are defined as shown in Commission Rule 251.14, General Provisions and Definitions.]

(c) [(d)] The information in the 9-1-1 database is collected and maintained solely for the provision of emergency services. The 9-1-1 database provider shall not release the 9-1-1 database information without the express written approval of the Commission and the RPC requesting use of such information.

(d) [(e)] The Commission intends to authorize the release of the 9-1-1 database information within the Commission program areas for the use of emergency notification services under the condition that this information is be used for the purpose of warning or alerting citizens regarding information in an emergency situation where property or human life is in jeopardy. Further, it is the intention of Commission that the current designated 9-1-1 database provider, RPCs, and Commission staff cooperate with local government to the fullest extent possible in accordance with Commission rules and policy, and state and federal law for the implementation of emergency notification services.

(e) [(f)] Since the Commission funds the maintenance of the 9-1-1 database through RPCs, the local government entity[, with the Commission program areas,] will bear the full responsibility for the expenses related to the implementation of emergency notification services and the transfer of data.

(f) [(g)] Procedures. The procedures for authorization of utilizing the 9-1-1 database for emergency notification services will be:

(1) The RPC shall submit a written request to the Commission for the authorization to release the information. This written request shall contain:

(A) Technical format requirements [A technical description] of the emergency notification services;

(B) The name(s) of the local government entity(ies) requesting the 9-1-1 database and its (their) written request;

(C) A description of geographic area utilizing the services;

(D) A general description of when and by whom the service may be deployed; and

(E) An interlocal agreement from all parties that the 9-1-1 database will only be used in emergency situations and will be kept confidential and not available for public inspection.

(2) The Commission staff has the authority to review and approve the written request and shall provide written authorization once all information is provided.

(3) The designated 9-1-1 database provider shall cooperate and provide access to the information to the RPC, local government entity, or directly to the vendor of emergency notification services upon receipt from the RPC of a written request including a copy of the Commission's notification of approval.

(4) The RPC shall notify the vendor of emergency notification services regarding the confidentiality of the 9-1-1 database.

(5) The Commission staff will maintain an inventory of all requests, including withdrawals of assistance when the confidentiality of the information is misused.

(6) The RPC will notify the Commission, through its quarterly performance report, on the implementation and status of any emergency notification services that utilize the 9-1-1 database information within its region and/or when the emergency notification services is withdrawn, especially when the withdrawal is based on misuse of the confidential information.

[(7) The RPC will continue its duties in verifying and maintaining the accuracy of the 9-1-1 database.]

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

Filed with the Office of the Secretary of State on July 29, 2008.

TRD-200803944

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: September 14, 2008

For further information, please call: (512) 305-6930

1 TAC §252.6

The Commission on State Emergency Communications (CSEC) proposes amendments to §252.6 concerning the calculation and distribution of wireless service fees.

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. At that time, CSEC determined that sufficient reason exists to readopt with amendments §252.6. Proposed amendments to §252.6 were published in the April 4, 2008, issue of the Texas Register (33 TexReg 2767). Filed comments were unanimously opposed to the amendment to base wireless fee distribution percentages on the federal decennial census rather than the state demographer's annual population estimates. At its July 25, 2008, open meeting, CSEC voted to withdraw the amendments posted on April 4, 2008 and to publish revised amendments for comment.

SECTION-BY-SECTION EXPLANATION

Subsection (a) is amended to include a reference to Health and Safety Code §771.078(b)(2), which provides the formula for calculating each regional planning commission's portion of wireless service fees.

Subsection (b) is amended to clarify the procedure for CSEC to propose distribution percentages and to allow emergency communication districts (ECDs) and regional planning commissions (RPCs) to comment on such percentages.

Subsection (c) is amended to make clear that CSEC will adopt distribution percentages at an open meeting.

Subsection (d) is new and authorizes ECDs and RPCs to request CSEC review and modification of distribution percentages to account for differences between 9-1-1 service boundaries and the geographic boundaries used by the state demographer in its population estimates. (This subsection is a modified version of the one approved by CSEC for publication at its July 25, 2008, open meeting. As modified, the subsection replaces the reference to the decennial census with that of the state demographer's population estimates in order to make the rule consistent.)

Subsection (e) is amended to provide notification to ECDs only when a distribution of wireless fees is made and to recognize the authority of the Texas Comptroller of Public Accounts to credit interest earned on wireless fees.

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 are no foreseeable implications relating to cost or revenues to the state or local governments as a result of enforcing or administering the amended sections.

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 procedures for calculating the distribution percentages with respect to wireless service fees. 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 should not 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 §§771.051, 771.074, 771.0711(c), and 771.078(b)(2).

No other statute, article, or code is affected by the proposal.

§252.6.Wireless Service Fee Proportional Distribution.

(a) The Commission [on State Emergency Communications (Commission)] shall use the most recent annual estimate from the Texas State Data Center to proportionately distribute [the] wireless emergency service fees [ fee] per Health and Safety Code §771.0711(c) and §771.078(b)(2).

(b) Within 90 days of the publication of State demographer's population estimates, 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 the distribution percentages in order to account for 9-1-1 service boundaries not reflected in the state demographer's population estimates.

(e) The Commission shall notify each ECDwhen [ 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].

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 July 29, 2008.

TRD-200803945

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: September 14, 2008

For further information, please call: (512) 305-6930