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RULE §255.3Emergency Communication District Equalization Surcharge Funding Policy

(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.

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

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