| (a) Purpose. The purpose of this rule is to implement §771.0751
Health and Safety Code, which authorizes a Regional Planning Commission
(RPC) to use 9-1-1 fees and surcharges in certain counties, in addition
to other authorized or required uses, for any costs deemed necessary
by the Commission and attributable to designing a 9-1-1 system or
the establishing and operating of a public safety answering point
(PSAP) or other answering point and related operations. Use of revenue
is limited to unexpended and unencumbered allocated grant funds from
9-1-1 service fees (wireline/VoIP, wireless, and prepaid wireless)
and equalization surcharge remitted to the Comptroller of Public Accounts
from the RPC's service region for the fiscal year use of revenue is
requested. Allocated grant funds exceeding an RPC's 9-1-1 service
fee and equalization surcharge revenues are not eligible for use of
revenue. Allocated grant funds of RPC 9-1-1 service fee and equalization
surcharge revenues are expended and encumbered first before any other
source of funding of an RPC's grant, including from appropriations
from General Revenue Dedicated fund balances.
(b) Eligibility. The eligibility for approval of funding
under this rule is as follows:
(1) A county participating in its RPC's regional strategic
plan with a population of at least 1,000,000 as reported by the Texas
Demographic Center.
(2) A county participating in its RPC's regional strategic
plan that has the highest population within the region as reported
by the Texas Demographic Center.
(c) 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 and Commission Program
Policy Statements. The request must demonstrate that all basic regional
9-1-1 needs have been met prior to funding under this rule. The request
must include a letter signed by the RPC's Executive Director authorizing
the request and include (1) a description of the design of the 9-1-
1 system; and/or (2) each PSAP or other answering point to receive
funding and the respective amount to be received. For each PSAP or
other answering point listed, a written request must be included from
the PSAP or other answering point specifying how the funds will be
used and that funds received will be expended as specified.
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| Source Note: The provisions of this §251.3 adopted to be effective February 29, 2004, 29 TexReg 1641; amended to be effective October 16, 2006, 31 TexReg 8507; amended to be effective December 7, 2008, 33 TexReg 9971; amended to be effective March 5, 2014, 39 TexReg 1357; amended to be effective October 16, 2018, 43 TexReg 6815; amended to be effective August 16, 2020, 45 TexReg 5507 |
