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TITLE 1ADMINISTRATION
PART 12COMMISSION ON STATE EMERGENCY COMMUNICATIONS
CHAPTER 252ADMINISTRATION
RULE §252.8Emergency Communications Advisory Committee

(a) Purpose. The purpose of this rule is to establish an Emergency Communications Advisory Committee (Committee) to assist the Commission in coordinating the development, implementation, and management of an interconnected, state-level emergency services Internet Protocol network (State-level ESInet). As defined in Health and Safety Code §771.0511(a)(2), the State-level ESInet is used for communications between and among public safety answering points (PSAPs) and other entities that support or are supported by PSAPs in providing emergency call handling and response, and will be a part of the Texas Next Generation Emergency Communications System.

(b) Policy. It is Commission policy that the development and implementation of the State-level ESInet will be done on a cooperative basis with the state's 9-1-1 Entities. It is Commission policy that the Committee:

  (1) advise the Commission on matters regarding the establishment and management of the State-level ESInet; and

  (2) provide for 9-1-1 Entity collaboration on the management of the State-level ESInet, collective decision-making, and assurance that the requirements of the 91-1 Entities are met.

(c) Composition of Committee. The Commission shall ensure that each Committee member has the appropriate training, experience and knowledge in 9-1-1 systems and network management to assist in the implementation and operation of a complex network.

  (1) The Committee is appointed by the Commission and includes, at a minimum, the following members:

    (A) the Executive Director of the Commission or designee as an ex-officio, non-voting member (The Executive Director or designee may coordinate with and seek input from a county or other entity not otherwise a member of the Committee);

    (B) two representatives from the Regional Planning Commissions (RPCs);

    (C) two representatives from the Emergency Communication Districts (ECDs), as that term is defined in Health and Safety Code §771.001(3)(A); and

    (D) two representatives from the ECDs, as that term is defined in Health and Safety Code §771.001(3)(B).

  (2) No two Committee members may be from the same 911 Entity.

  (3) The Commission may amend the composition of the Committee to reflect and include emergency services other than 9-1-1 service.

  (4) In appointing members to the Committee, the Commission shall consult with the RPCs and ECDs. RPCs may designate responsibility for consulting with the Commission to the Texas Association of Regional Councils. ECDs defined in Health and Safety Code §771.001(3)(A) and (B) may designate responsibility for consulting with the Commission to the Municipal Emergency Communication Districts Association and the Texas 9-1-1 Alliance, respectively.

(d) Bylaws. Draft bylaws for approval by the Commission. The bylaws shall, at a minimum, provide for the following:

  (1) selection from among the members a presiding officer and an assistant presiding officer whose terms may not exceed two years; and

  (2) establish standing committees.

(e) Terms of Office for Voting Members. Each member shall be appointed for a term of 3 years, except for the initial member terms under paragraph (4) of this subsection.

  (1) Member terms begin on January 1st.

  (2) Members shall continue to serve after the expiration of their term until a replacement member is appointed by the Commission.

  (3) If a vacancy occurs, a person shall be appointed by the Commission to serve the unexpired portion of the vacating member's term.

  (4) Members serve staggered terms. Initial member terms are as follows:

    (A) one member from each 9-1-1 Entity represented on the Committee expires on December 31, 2013; and

    (B) one member from each 9-1-1 Entity represented on the Committee expires on December 31, 2014.

(f) Committee Meeting Attendance. Members shall attend scheduled Committee meetings.

  (1) A member shall notify the presiding officer or Commission staff if the member is unable to attend a scheduled meeting.

  (2) The Commission may remove a member if it determines that a member cannot discharge the member's duties for a substantial part of the member's appointed term because of illness or disability, is absent from more than half of the Committee meetings during a fiscal year, or is absent from at least three consecutive Committee meetings. The validity of an action of the Committee is not affected by the fact that it is taken when a ground for removal of a member exists.

(g) Committee Roles and Responsibilities. The Committee is to assist the Commission in coordinating the development, implementation, and management of the State-level ESInet. The Committee's roles and responsibilities are based on the functions of the State-level ESInet. The Committee shall, at a minimum, be responsible for the following:

  (1) Objectives.

    (A) Provide guidance and assistance for the monitoring and management of the Texas Next Generation Emergency Communications System.

    (B) Advise the Commission in developing and managing the following:

      (i) managed service contracts with vendors;

      (ii) professional service contracts with subcontractors;

      (iii) Local Service Provider, networks, and application provider interfaces and specifications for State-level ESInet access; and

      (iv) interlocal agreements between Regional ESInets and the State-level ESInet to bind both to operating standards and requirements consistent with the delivery of service and protection and management of respective networks, services and applications.

  (2) Plans. As requested by the Commission, the Committee shall advise and make recommendations to the Commission in a plan(s) regarding the coordinated development, implementation, and management of the State-level ESInet.

(h) Reporting to the Commission.

  (1) By the date(s) set by the Commission, submit the plan(s) requested by the Commission in subsection (g) of this section.

  (2) By January 1 of each year, or according to the schedule established by the Commission, submit a report that includes the following:

    (A) an update on the Committee's work, including:

      (i) Committee and sub- or standing-committee meeting dates;

      (ii) member attendance records;

      (iii) description of actions taken by the Committee;

      (iv) description of how the Committee has accomplished or addressed the tasks and objectives of this section and any other issues assigned to the Committee by the Commission; and

      (v) anticipated future activities of the Committee;

    (B) description of the usefulness of the Committee's work; and

    (C) statement of costs related to the Committee, including the cost of Commission staff time spent in support of the Committee.

(i) Statement by a Member.

  (1) The Commission and the Committee shall not be bound in any way by any statement or action by a member except when the statement or action is in pursuit of specific instructions from the Commission.

  (2) The Committee and its members may not participate in legislative activity in the name of the Committee Commission or the Committee except with approval through the Commission's legislative process.

(j) Advisory Committee. The Committee is an advisory committee in that it does not supervise or control public business or policy. As an advisory committee, the Committee is not subject to the Open Meetings Act (Government Code, Chapter 551).

(k) Reimbursement for Expenses.

  (1) In accordance with the requirements in Government Code, Chapter 2110, a Committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official Committee business if authorized by the General Appropriations Act or budget execution process.

  (2) No compensatory per diem shall be paid to Committee members unless required by law.

  (3) A Committee member who is an employee of a state agency, other than the Commission, may not receive reimbursement for expenses from the Commission.

  (4) A nonmember of the Committee who is appointed to serve on a committee may not receive reimbursement for expenses from the Commission.

  (5) Each Committee member whose expenses are reimbursed under this section shall submit to Commission staff the member's receipts for expenses and any required official forms no later than 14 days after conclusion of the member's engagement in official Committee business.

  (6) Requests for reimbursement of expenses shall be made on official state travel vouchers.

(l) Commission Staff Input and Support. Commission staff shall:

  (1) provide administrative support and input to the Committee;

  (2) with input and recommendations from the Committee, oversee all administrative activities and Commission policies relating to the implementation, operation, and day-to-day management of the State-level ESInet;

  (3) provide administrative support and input to the Committee; and

  (4) provide the Commission with the Committee's plan(s) and report, and a staff report regarding the Committee's advice or policy recommendations.

(m) Applicable law. The Committee is subject to Government Code, Chapter 2110, concerning state agency advisory committees.

(n) Commission Evaluation. The Commission shall annually evaluate the Committee's work, usefulness, and the costs related to the Committee, including the cost of Commission staff time spent supporting the Committee's activities.

(o) Report to the Legislative Budget Board. The Commission shall report to the Legislative Budget Board the information developed in subsection (n) of this section on a biennial basis as part of the Commission's request for appropriations.

(p) Review and Duration. On or before September 1, 2015, the Commission will initiate and complete a review of the Committee to determine whether the Committee should be continued or abolished. If the Committee is not continued, it shall be automatically abolished on September 1, 2015.

(q) Definitions of Terms. Unless the context clearly indicates otherwise, the following terms are defined as provided in this section.

  (1) Local IP-enabled network. Local internet protocol enabled networks that when interconnected form regional ESInets.

  (2) Regional ESInet. A system of interconnected local IP enabled networks with core functions for emergency services, including but not limited to 9-1-1 service.

  (3) State-level ESInet. Defined in Health and Safety Code §771.0511(a)(2) as a private Internet Protocol network or Virtual Private Network that:

    (A) is used for communications between and among public safety answering points and other entities that support or are supported by public safety answering points in providing emergency call handling and response; and

    (B) will be a part of the Texas Next Generation Emergency Communications System.

  (4) Texas Next Generation Emergency Communications System. A system of interconnecting regional and State-level ESInets and other emergency services networks such as poison control and radio dispatch.

  (5) Texas NG9-1-1 System. An interconnected and interoperable system of local, regional, and national emergency services networks with advanced capabilities for 9-1-1 call delivery.


Source Note: The provisions of this §252.8 adopted to be effective May 4, 2010, 35 TexReg 3463; amended to be effective November 2, 2010, 35 TexReg 9677; amended to be effective December 6, 2011, 36 TexReg 8225

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