| (a) The Commission will consider requests for equalization
surcharge (the surcharge) funding assistance from an Emergency Communication
District (ECD) as authorized by Health and Safety Code §771.072.
Administratively complete ECD funding requests will be considered
for approval at an open meeting.
(b) An administratively complete funding request must
address:
(1) the reasons for the request, including but not
limited to demonstrated need for surcharge funding (i.e., financial
viability); annual 9-1-1 service fee revenues; current wireline/VoIP
fee including the last change to that fee; why existing ECD financial
resources (including any federal funds awarded for Next Generation
9-1-1) are insufficient; estimated date of exhaustion of 9-1-1 service
fee revenues; to what extent the ECD uses 9-1-1 service fee revenues
to pay telecommunicators/dispatchers;
(2) the amount of the surcharge request;
(3) specific description of how the ECD will use surcharge
funding (including whether such use is for one-time or recurring costs);
(4) for an emergency request, details about the nature
and cause(s) of the emergency including ECD efforts to avoid or mitigate
the effects of the emergency and how the requested surcharge addresses
the emergency; and
(5) for a municipal ECD (including the Dallas County
Sheriff's Office), compliance with Local Government Code Ch. 365,
Enforcement of Public Camping Bans, and Comptroller of Public Accounts
Rule 20.600 (34 Texas Administrative Code Ch. 20, Subch. I, §20.600).
(c) A condition precedent for Commission consideration
of an ECD's administratively complete surcharge funding request is
that it be submitted sufficiently in advance to allow the Commission
to consider during an open meeting in advance of Commission consideration
of its biennial Legislative Appropriations Request (LAR). For an emergency
surcharge funding request the condition precedent is waived.
(d) Commission staff will provide a surcharge funding
request form that includes the requirements identified in subsection
(b) of this section. The form is based on the budget components included
in the instructions for completing the Commission's LAR.
(e) Upon receipt of an ECD's request for surcharge,
Commission staff will clarify the request with the ECD as necessary;
notify the requesting ECD in writing when its request is administratively
complete, and recommend to the Commission approval or disapproval
of the request based on the requirements in subsection (b) of this
section, plus the impact of the request on funding of RPC regional
plans and the surcharge account balance, and the Commission's 9-1-1
service funding priorities.
(f) The Commission will consider an ECD's non-emergency
surcharge funding request for approval or disapproval during an open
meeting held prior to the meeting at which the Commission considers
its biennial LAR. An ECD's emergency surcharge funding request will
be considered by the Commission at the first open meeting following
submission by the ECD of an administratively complete request.
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| Source Note: The provisions of this §255.3 adopted to be effective November 20, 2014, 39 TexReg 8959; amended to be effective April 17, 2019, 44 TexReg 1835; amended to be effective December 4, 2022, 47 TexReg 7863 |
