The Texas Department of Information Resources (department) proposes the repeal of 1 TAC Chapter 207, §§207.1 - 207.8, concerning telecommunications services division, and new Chapter 207, §§207.1 - 207.4, 207.10 - 207.14, and 207.30 - 207.32, Telecommunications Services. The new rules will more accurately reflect legislative actions and resulting changes in the program. The repeal is necessary as the result of passage of House Bill 1705 (81R), effective as of September 1, 2009. The legislation repealed §2054.201 and §2054.202 and amended §§2054.091, 2054.203, 2054.204, 2054.205, 2054.2051, and 2054.207, Texas Government Code, concerning the telecommunications planning and oversight council, the basis upon which a section of these rules was originally promulgated. The passage of House Bill 1705 also amended §2170.004, Texas Government Code, concerning the use of Telecommunications Services by assistance organizations, and the new rules reflect that such organizations are now authorized users of state telecommunication services. The department published a formal notice of rule review in the February 24, 2012, issue of the Texas Register (37 TexReg 1366).

The changes to the chapter apply to state agencies and institutions of higher education. The assessment of the impact of the proposed changes on institutions of higher education was prepared in consultation with the Information Technology Council for Higher Education in compliance with §2054.121(b), Texas Government Code.

The department proposes to repeal Chapter 207 in its entirety and replace it with a new Chapter 207, Telecommunications Services, to rename rule titles, revise rule language, and allow for the resulting renumbering of the new rules. In addition, consistent with the department's treatment of institutes of higher education, the new rules allow for any differences as to how this rule may apply to either state agencies or institutes of higher education.

In Subchapter A, the department proposes to revise rule titles and more accurately reflect the current telecommunications environment in the new rules. These changes include a provision for network security as well as changes to reflect the State's current telecommunications operations.

In Subchapter B, the department proposes to renumber previous §207.3 and §§207.5 - 207.8 and delete references to institutions of higher education in the previously numbered §207.3 and §207.5. The department proposes to delete in its entirety the current text of §207.4 to conform to the repeal of the underlying statutory requirement for the telecommunications planning and oversight council. The department proposes to replace the current text in §207.3 to reference assistance organizations and conform to provisions of House Bill 1705 (81R), amending §2170.004, Texas Government Code. The department proposes to revise language in previous §207.3 and §§207.5 - 207.8 to reflect revised definitions in the new chapter. Lastly, new §207.11 and §207.14, concerning billing, were revised to more accurately reflect the method by which costs are calculated.

In Subchapter C, the department proposes to create new rules and titles to address Telecommunications Services that apply to Institutions of Higher Education.

John Hoffman, Director, Communications Technology Services, has determined that during the first five-year period following the repeal and adoption of the new Chapter 207, there will be no fiscal impact on state agencies, institutions of higher education and local governments resulting from compliance with such changes to the rules. The elimination of unnecessary rules and clarification of terms and definitions reduce bureaucracy and increase flexibility in the conduct of business for the department and its constituents.

Mr. Hoffman has further determined that for each year of the first five years following the repeal and adoption of new Chapter 207, there are no anticipated economic costs to persons or small businesses resulting from the compliance with such changes to the rules.

Written comments on the proposed repeal and the proposed new rules may be submitted to Chad Lersch, Assistant General Counsel, 300 West 15th Street, Suite 1300, Austin, Texas 78701 or to chad.lersch@dir.texas.gov. Comments will be accepted for 30 days after publication in the Texas Register.

The new rules are proposed pursuant to §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, Texas Government Code.

No other code, article or statute is affected by this proposal.