The Texas Department of Information Resources (department) adopts the repeal of Chapter 207, §§207.1 - 207.8, concerning telecommunications services division, and adopts new Chapter 207, §§207.1 - 207.4, 207.10 - 207.14, and 207.30 - 207.32, concerning telecommunications services, without changes to the proposed text as published in the October 12, 2012, issue of the Texas Register (37 TexReg 8103). 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as the result of passage of House Bill 1705 (81R), effective as of September 1, 2009, in which the legislation repealed §2054.201 and §2054.202 and amended §§2054.091, 2054.203, 2054.204, 2054.205, 2054.2051, and 2054.207, Texas Government Code, concerning the telecommunications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 department adopts the repeal of Chapter 207 in its entirety and replaces 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 institutions of higher education, the new rules allow for any differences as to how this rule may apply to either state agencies or institutions of higher education.

In Subchapter A, the department has revised rule titles and language to more accurately reflect the current telecommunications environment. These changes from the repealed language include a provision for network security and will more accurately reflect the State's current telecommunications operations.

In Subchapter B, the department has renumbered previous §207.3 and §§207.5 - 207.8 and has deleted references to institutions of higher education in the previous numbered §207.3 and §207.5. The department has deleted 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 has replaced the current text in §207.3 to reference assistance organizations and conform to provisions of House Bill 1705, amending §2170.004, Texas Government Code. The department has also revised language in the 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 has created new rules and titles to address Telecommunications Services as applied to Institutions of Higher Education.

No comments were received regarding adoption of the proposed repeal and new rules.

The new rules are adopted 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 adoption.