| (a) 9-1-1 Database information is confidential and
is not available for public inspection (Health and Safety Code §771.061(a),
Texas Attorney General Open Records Decision 661, 1999). The information
in the 9-1-1 Database is collected and maintained for the provision
of 9-1-1 service, and emergency services as that term is defined in
47 U.S.C. §222(h)(5). A 9-1-1 Database Management Services Provider
shall not release or make otherwise available information in the 9-1-1
Database without the express written approval of the Commission and
the Regional Planning Commission (RPC) requesting use of such information.
An RPC shall withdraw its consent if a local governmental entity or
a provider of emergency notification services does not maintain the
confidentiality of the information or misuses emergency notification
services.
(b) 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.
(c) The local government entities are responsible for
the expenses related to the implementation of emergency notification
services and the transfer of 9-1-1 Database information.
(d) 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 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.
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| Source Note: The provisions of this §251.13 adopted to be effective August 4, 2002, 27 TexReg 6683; amended to be effective May 2, 2004, 29 TexReg 3956; amended to be effective December 7, 2008, 33 TexReg 9971; amended to be effective June 3, 2014, 39 TexReg 4235 |
