TITLE 1. ADMINISTRATION

PART 3. OFFICE OF THE ATTORNEY GENERAL

CHAPTER 61. CRIME VICTIMS' COMPENSATION

The Office of the Attorney General (OAG) adopts amendments to the following sections of Chapter 61, concerning the administration of the OAG's Crime Victims' Compensation Program (CVC), without changes to the proposed text published in the June 16, 2017, issue of the Texas Register (42 TexReg 3045): Subchapter A, §61.1 and §61.3; Subchapter B, §61.101; Subchapter C, §§61.201, 61.202, and 61.203; Subchapter D, §§61.301, 61.302, and 61.304; Subchapter E, §§61.401, 61.404, 61.406, and 61.407; Subchapter F, §§61.501, 61.505, and 61.507; Subchapter I, §§61.801, 61.802, and 61.804; and Subchapter J, §61.901. Changes to all above-listed subchapters are necessary to comply with recent changes to Texas Code of Criminal Procedure Articles 56.06 and 56.065 that allow and require CVC to make payments to persons who receive emergency medical treatment in conjunction with a sexual assault forensic medical examination. An amendment to Chapter 61, Subchapter C, §61.201(c) clarifies who may file an application for compensation on behalf of a child. An amendment to Chapter 61, Subchapter E, §61.404 corrects a misstatement in the rules regarding when CVC shall pay for travel to an execution. Chapter 61, Subchapter E, §61.407 is amended to correct an inaccurate internal citation.

No comments were received regarding adoption of these amendments.

SUBCHAPTER A. SCOPE AND CONSTRUCTION OF RULES AND GENERAL PROVISIONS

1 TAC §61.1, §61.3

These amendments are adopted in accordance with Texas Code of Criminal Procedure Articles 56.065, 56.33 and 56.42, which require the OAG to adopt rules governing the administration of its CVC program. These amendments are required in order to implement legislative changes to Texas Code of Criminal Procedure Articles 56.06(f), 56.065(k), and 56.54(k).

Amendments to these sections are adopted under Texas Code of Criminal Procedure Articles 56.065 and 56.33.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702832

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER B. DEFINITIONS

1 TAC §61.101

Amendments to this section are adopted under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702833

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER C. APPLICATION

1 TAC §§61.201 - 61.203

Amendments to these sections are adopted under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702834

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER D. REDUCTION, DENIAL OR REFUND OF AN APPLICATION OR AWARD

1 TAC §§61.301, 61.302, 61.304

Amendments to these sections are adopted under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702835

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER E. PECUNIARY LOSS

1 TAC §§61.401, 61.404, 61.406, 61.407

Amendments to these sections are adopted under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702836

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER F. MEDICAL CARE, PSYCHIATRIC CARE OR COUNSELING

1 TAC §§61.501, 61.505, 61.507

Amendments to these sections are adopted under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702837

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER I. REIMBURSEMENT TO LAW ENFORCEMENT AGENCIES FOR FORENSIC ASSAULT MEDICAL EXAMINATIONS

1 TAC §§61.801, 61.802, 61.804

Amendments to the title of Subchapter I and sections within Subchapter I are adopted under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702839

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


SUBCHAPTER J. ADMINISTRATIVE REMEDIES

1 TAC §61.901

Amendments to this section are adopted under Texas Code of Criminal Procedure Articles 56.065, 56.33, and 56.42.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702840

Amanda Crawford

General Counsel

Office of the Attorney General

Effective date: August 20, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 475-3210


PART 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

CHAPTER 251. 9-1-1 SERVICE--STANDARDS

1 TAC §251.1

The Commission on State Emergency Communications (CSEC) adopts amended §251.1, relating to Regional Planning Commission (RPC) regional strategic plans. The amended section is adopted without changes to the proposed text as published in the June 9, 2017, issue of the Texas Register (42 TexReg 2985), and will not be republished.

REASONED JUSTIFICATION

The amendments to §251.1 are to insert new subsection (d)(5) requiring an RPC to include and account for Text-to-911 in its regional strategic plan-absent a CSEC-approved waiver. Amendments also include new subsection (d)(12) specifying the minimum requirements for all PSAPs with respect to Text-to-911 service. The remaining amendments either clarify text to account for Text-to-911 and distinguish Text-to-911 from a 9-1-1 call, spell out existing terms, or reconcile the use of terms in the rule.

The Federal Communications Commission requires "covered text providers," which includes but is not limited to commercial mobile radio service providers (i.e., wireless carriers), that enable customers to send and receive text messages, to send customer 9-1-1 texts to the same public safety answering point (PSAP) that a 9-1-1 call would be routed. 47 C.F.R. § 20.18(q). As amended, §251.1 requires RPCs to include in their regional strategic plans the implementing of Text-to-911 at all of their PSAPs.

STATEMENT OF AUTHORITY

The amended section is adopted pursuant to Health and Safety Code Chapter 771, §§771.051, 771.0511, 771.055, and 771.078.

No other statute, article, or code is affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 27, 2017.

TRD-201702809

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Effective date: August 16, 2017

Proposal publication date: June 9, 2017

For further information, please call: (512) 305-6915


CHAPTER 253. PRACTICE AND PROCEDURE

1 TAC §253.2, §253.3

The Commission on State Emergency Communications (CSEC) adopts amended §253.2, relating to bid opening and tabulation--including a change in the title of the rule and §253.3, relating to protest procedures (Title 1, Part 12, Tex. Admin. Code Chapter 253). The amended sections are adopted with non-substantive changes to the proposed text as published in the June 9, 2017, issue of the Texas Register (42 TexReg 2986).

The non-substantive changes are to correct an error in the rule outline numbering/lettering. Specifically, subsection §253.3(l)(1) is corrected and changed to subsection §253.3(m); current §253.3(m) is re-lettered as §253.3(n); and the subsection reference within §253.3(d) is re-lettered from §253.3(g) - (m) to §253.3(g) - (n). There was no change in the actual rule text as published for comment.

CSEC received no comments regarding adoption of the proposed amendments.

REASONED JUSTIFICATION

As required by law, the amendments are to align the rules with the Comptroller of Public Accounts (Comptroller) recent reorganization of its Chapter 20, Statewide Procurement and Support Services, rules which included a wholesale repeal of its existing rules.

The adopted amendments to rule §253.2 reflect the change in title and numbering of the Comptroller's renumbered rules §20.207 and §20.208, relating to Competitive Sealed Bids and Competitive Sealed Proposals, respectively, and delete the reference to the statute requiring CSEC to adopt this rule. The adopted amendments to rule §253.3 reflect the Comptroller's reorganization and revising of its Protests and Appeals rules. Specifically, CSEC added new subsection (c) to incorporate the Comptroller's definitions in rule §20.533 (Title 34, Part 1 Tex. Admin. Code §20.533), deleted subsections (e)(1) - (6) and revised the section to reference the requirements in Comptroller rule §20.535, and made minor changes to the rule text to better correspond to the Comptroller's rules.

STATEMENT OF AUTHORITY

The amended section is adopted pursuant to Health and Safety Code Chapter 771, §771.051; Government Code §2155.076 and §2156.005(d). No other statute, article, or code is affected by the adoption.

§253.3.Protest Procedures.

(a) The purpose of this rule is to provide for the efficient and effective resolution of protests related to contract purchases made by the Commission.

(b) These procedures are consistent with those of the Texas Comptroller of Public Accounts (Comptroller) (34 Tex. Admin. Code §§20.533 - 20.538). In the event of a direct conflict between the rules, the procedures in §§20.533 - 20.538 shall control.

(c) In the event of a direct conflict with the Comptroller's rules, the following terms used in the Comptroller rules shall be defined as follows:

(1) Comptroller--The Commission.

(2) Chief Clerk--Commission Executive Director.

(3) Director--Commission General Counsel

(4) General Counsel--Commission General Counsel.

(5) Using Agency--The Commission.

(d) Any actual or prospective bidder, offeror, or contractor claiming to have been aggrieved in connection with the solicitation, evaluation or method of evaluation, award of a contract, or tentative award by the Commission may submit a protest to the General Counsel. Protests must be received by the General Counsel within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is the subject of the protest. A Protest must conform to subsection (d) and subsection (f) of this section, and shall be resolved through the procedures described in subsections (g) - (n) of this section. The protesting party must mail or deliver copies of the protest to all interested parties.

(e) In the event a protest is timely received, the Commission shall not proceed further with the solicitation, evaluation, or award a contract unless the General Counsel, after consultation with the Commission's Executive Director, makes a written determination that a contract must be awarded without delay to protect the best interests of the state.

(f) A protest must be sworn and meet the requirements of Comptroller §20.535(a)(1) (34 Tex. Admin. Code §20.535).

(g) The General Counsel may settle and resolve the dispute over the solicitation, evaluation, award of a contract, or tentative award at any time before the matter is submitted on appeal to the Executive Director. The General Counsel may solicit written responses to the protest from interested parties.

(h) If the protest is not resolved by mutual agreement, the General Counsel shall send a determination letter resolving the protest to the protesting party and interested parties. The determination letter shall set for the reasons for the determination; and

(1) If the General Counsel determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has not been awarded, include in the determination letter the appropriate remedy for the violation; or

(2) If the General Counsel determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has been awarded, may declare the awarded contract to be void.

(i) The protesting party may appeal a determination of a protest by the General Counsel to the Executive Director. An appeal of the General Counsel's determination must be in writing and received in the office of the Executive Director no later than 10 working days from the date notice of the determination was sent. The protesting party's appeal must contain a certified statement that a copy of the appeal was sent to all interested parties. The scope of the appeal shall be limited to a review of the General Counsel's determination.

(j) The Executive Director may refer the matter to the Commission for consideration or may issue a written decision regarding the appeal.

(k) The following requirements shall apply to a protest that the Executive Director refers to the Commission:

(1) The Executive Director shall deliver copies of the appeal and any responses by interested parties to each Commissioner.

(2) The Commission may consider any documents that Commission staff or interested parties have submitted.

(3) The Commission shall issue a written letter of determination of the appeal to the protesting party and all interested parties which shall be final.

(l) A protest or an appeal of a determination that is not timely received shall not be considered unless good cause for delay is shown or the General Counsel determines that an appeal raises issues that are significant to Commission procurement practices or procedures in general.

(m) A determination issued by either the Executive Director or the Commission shall be the final administrative action of the Commission.

(n) The Commission shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the records retention schedule of the Commission.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 27, 2017.

TRD-201702808

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Effective date: August 16, 2017

Proposal publication date: June 9, 2017

For further information, please call: (512) 305-6915