TITLE 1. ADMINISTRATION

PART 2. TEXAS ETHICS COMMISSION

CHAPTER 12. SWORN COMPLAINTS

SUBCHAPTER C. INVESTIGATION AND PRELIMINARY REVIEW

1 TAC §12.81

The Texas Ethics Commission (the commission) proposes an amendment to Texas Ethics Commission Rules §12.81, regarding when commission staff may resolve certain complaints containing only allegations of technical, clerical, or de minimis violations without further action by a meeting of the commission.

The commission has authorized staff by rule §12.81 to resolve complaints containing certain types of allegations. In 2009, the legislature passed section 571.0631 of the Government Code, which requires the Commission to adopt rules prescribing procedures for investigating and resolving technical and clerical violations of laws within the commission’s jurisdiction. Rule 12.81 creates a technical, clerical, or de minimis standard for purposes of violations in sworn complaints. The rule allows the executive director to determine whether all of the alleged violations in a sworn complaint meet that standard and to resolve those complaints with an Assurance of Voluntary Compliance or an agreed resolution, which may require a respondent to correct the violations at issue (e.g., file corrected reports) and impose up to a $500 fine. The draft amendment would add several additional types of allegations to the current rule, including allegations related to political advertising, late or corrected reports, reporting violations, and certain other prohibited political contributions of relatively small amounts.

Seana Willing, Executive Director, has determined that for each odd numbered year of the first five years this rule is in effect there will be no fiscal implication for state or local government as a result of enforcing or administering this rule.

Ms. Willing has also determined that for each year of the first five years the amendment is in effect the public benefit expected as a result of adoption of the proposed rule is greater efficiency in resolving sworn complaints that allege only technical, clerical, or de minimis violations. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amended rule.

The commission invites comments on the proposed amendment from any member of the public. A written statement should be emailed to public_comment@ethics.state.tx.us, or mailed or delivered to Seana Willing, Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the commission concerning the proposed amendment may do so at any commission meeting during the agenda item relating to the proposed amendment. Information concerning the date, time, and location of commission meetings is available by telephoning (512) 463-5800 or on the commission’s website at www.ethics.state.tx.us.

The amendment to §12.81 is proposed under Tex. Gov’t Code §571.062 and §571.0631, which respectively authorize the commission to adopt rules concerning the laws administered and enforced by the commission and require the commission to adopt rules prescribing procedures for investigating and resolving technical and clerical violations of laws within the commission’s jurisdiction.

The amendment to §12.81 affects §571.0631 of the Government Code.

§12.81.Technical, Clerical, or De Minimis Violations.

(a) A technical, clerical, or de minimis violation for purposes of §571.0631 of the Government Code may include a first-time allegation against a respondent for:

(1) Typographical or incomplete information on a campaign finance report that is not misleading and [or] does not substantially affect disclosure;

(2) Failure to include a disclosure statement on political advertising;

(3) Failure of a non-incumbent to use the word "for" in a campaign [communication, where the] communication that is not otherwise misleading;

(4) Failure to include the highway right-of-way notice on political advertising;

(5) Using a representation of the state seal by a person who is not an officeholder in political advertising that is not otherwise misleading;

(6) [(5)] Filing a late campaign finance report that [if the total amount of political contributions does not exceed $2,500, the total amount of political expenditures does not exceed $2,500, and the report] is not a report due 30 or 8 days before an election [election,] or a special pre-election report, and the alleged violations do not substantially affect disclosure; [report;]

(7) [(6)] Filing an incomplete or corrected campaign finance report that is not a report due 30 or 8 days before an election or a special pre-election report if:

(A) the total amount of incomplete or incorrectly reported political contributions does not exceed the lesser of 10% of the total amount of political contributions on the corrected report, or $5,000; [or]

(B) the total amount of incomplete or incorrectly reported political expenditures does not exceed the lesser of 10% of the total amount of political expenditures on the corrected report, or $5,000; or

(C) the total amount of incomplete or incorrectly reported political contributions or political expenditures does not exceed the amount of the filing fee for a place on the ballot for the office sought or held by the respondent during the period covered by the report at issue, or, if there is not a set filing fee, $500; [or]

(8) Filing an incomplete or corrected campaign finance report if the incomplete or corrected information is not misleading and does not substantially affect disclosure, including:

(A) the filer’s full name, address, office sought, or office held;

(B) the identity and date of the election for which the report is filed;

(C) the campaign treasurer’s full name, address, or telephone number;

(D) the full name of each identified candidate or measure or classification by party of candidates supported or opposed by a political committee;

(E) the full name of each identified officeholder or classification by party of officeholders assisted by a political committee;

(F) the amount of total political contributions maintained as of the last day of the reporting period, if the error is a de minimis error as defined by §20.50 of this title;

(G) the purpose of a political expenditure; or

(H) the period covered by the report;

(9) [(7)] Failure to timely file a campaign treasurer appointment if, before filing the campaign treasurer appointment, the total amount of political contributions accepted does not exceed $2,500 and the total amount of political expenditures made or authorized does not exceed $2,500; [$2,500.]

(10) Failure to disclose information related to an out-of-state political committee required by §20.29 or §22.7 of this title if the total amount of political contributions accepted from the committee does not exceed $10,000 and the contributions are otherwise properly disclosed;

(11) Failure to disclose the principal occupation, job title, or employer of a contributor if the total amount of political contributions accepted from the contributor does not exceed $15,000 and the contributions are otherwise properly disclosed;

(12) As a general-purpose committee, making a political contribution to another general-purpose committee without including in its campaign treasurer appointment the name of the recipient committee before making the contribution, if the contributing committee properly disclosed the contribution;

(13) Failure to file a termination report required by §20.317 or §20.417 of this title if the period covered by the termination report is included in a subsequently filed report;

(14) Filing a campaign finance report without using the form prescribed by the commission if the report:

(A) discloses all the information required by chapter 254 of the Election Code and this title;

(B) is substantially similar in size and format to the form prescribed by the commission; and

(C) is not misleading and does not substantially affect disclosure;

(15) Making a political contribution prohibited by §253.1611, Election Code, if the contribution does not exceed the limits by more than $1,000 and the amount in excess is returned to the contributor; or

(16) Failure to timely respond to a sworn complaint if the response is no more than 30 days late and the respondent shows good cause for the late response.

(b) A technical, clerical, or de minimis violation for purposes of §571.0631 of the Government Code may include allegations against a respondent for:

(1) Typographical or incomplete information on a campaign finance report that is not misleading or does not substantially affect disclosure;

(2) Filing an incomplete or corrected campaign finance report if:

(A) the total amount of incomplete or incorrectly reported political contributions does not exceed the lesser of 5% of the total amount of political contributions on the corrected report, or $2,500; or

(B) the total amount of incomplete or incorrectly reported political expenditures does not exceed the lesser of 5% of the total amount of political expenditures on the corrected report, or $2,500; or [$2,500.]

(3) Filing an incomplete or inaccurate campaign finance report by a general-purpose committee if, during the period covered by the report and during each of the two reporting periods preceding the period covered by the report, the committee did not:

(A) accept political contributions totaling $3,000 or more;

(B) accept political contributions from a single person totaling $1,000 or more; or

(C) make political expenditures totaling $3,000 or more.

(c) During the review of a sworn complaint under Chapter 571, Subchapter E of the Government Code, if the executive director determines that all the alleged violations are technical, clerical, or de minimis under subsection (a) of this section, the executive director may enter into an assurance of voluntary compliance with the respondent. Before entering into an assurance of voluntary compliance, the executive director may require a respondent to correct the violations.

(d) During the review of a sworn complaint under Chapter 571, Subchapter E of the Government Code, if the executive director determines that all the alleged violations are technical, clerical, or de minimis under subsection (b) of this section, the executive director may enter into an agreed resolution with the respondent. Before entering into an agreed resolution, the executive director may require a respondent to correct the violations.

(e) An assurance of voluntary compliance or an agreed resolution entered into under this section is [are] confidential under §571.140 of the Government Code.

(f) An assurance of voluntary compliance or an agreed resolution entered into under this section may include a penalty not to exceed $500.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 23, 2017.

TRD-201702055

Seana Willing

Executive Director

Texas Ethics Commission

Earliest possible date of adoption: July 9, 2017

For further information, please call: (512) 463-5800


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) proposes amendments to §251.1.

BACKGROUND AND PURPOSE

CSEC proposes amendments to §251.1 (Title 1, Part 12, Chapter 251 of the Texas Administrative Code) relating to the Regional Planning Commission (RPC) regional strategic plans.

SECTION-BY-SECTION EXPLANATION

The primary proposed amendment to§251.1 is 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.

FISCAL NOTE

Kelli Merriweather, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that amended §251.1 is in effect there will be no cost implications to the state or local governments as a result of enforcing or administering the amended sections. The costs to implement Text-to-911 will be paid for by the RPCs using state-appropriated and CSEC-allocated 9-1-1 service fees and/or equalization surcharge, and within anticipated appropriated amounts from the Texas Legislature.

PUBLIC BENEFITS AND COSTS

Ms. Merriweather has determined that for each year of the first five years the amended section is in effect, the public benefits anticipated as a result of the proposed revision will be to provide people in areas in which 9-1-1 service is provided by an RPC with an additional means of obtaining emergency services by implementing Text-to-911 service. The economic costs of complying with the rule will be borne by the state and paid for by the RPCs with allocated 9-1-1 service fees and/or 9-1-1 equalization surcharge.

LOCAL EMPLOYMENT IMPACT STATEMENT

CSEC has determined that this proposal does not directly affect a local economy and therefore has not drafted a local employment impact statement as would otherwise be required under Administrative Procedures Act §2001.022.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

CSEC has determined that this proposal is not a "major environmental rule" as defined by Government Code §2001.0225.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

In accordance with Government Code §2006.002(c), Ms. Merriweather has determined that there will be no adverse economic effect on small businesses and micro-businesses as the rule being proposed affect only the relationship between CSEC and the Regional Planning Commissions. Accordingly, CSEC has not prepared an economic impact statement or regulatory flexibility analysis.

TAKINGS IMPACT ASSESSMENT

CSEC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted in writing c/o Patrick Tyler, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942, by facsimile to (512) 305-6937, or by email to patrick.tyler@csec.texas.gov. Please include "Rulemaking Comments" in the subject line of your letter, fax, or email. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

STATEMENT OF AUTHORITY

The amendment is proposed 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 proposal.

§251.1.Regional Strategic Plans for 9-1-1 Service.

(a) Purpose. The purpose of this rule is to establish a framework for a Regional Planning Commission (RPC) to use in the development and submission of a regional strategic plan [plans] for 9-1-1 service, or amendments thereto, pursuant to Health and Safety Code §§771.055 - 771.057. A regional strategic plan will [Regional strategic plans should], at a minimum, include the elements and subsections required by statute, this rule, and Commission Program Policy Statements.

(b) Regional Strategic Plan Scope. A regional strategic plan [Regional plans] must address the entire geographic area within the boundaries of the RPC’s 9-1-1 service area. A [RPC. The] regional strategic plan must identify all participating public safety agencies and Emergency Communication Districts.

(c) Regional Strategic Plan Criteria. In addition to the elements required by Health and Safety Code §771.055, a regional strategic plan [plans] must include the following, in order:

(1) Contingency routing plan;

(2) Network testing plan;

(3) Local monitoring plan;

(4) Capital asset plan;

(5) Network diagrams;

(6) Database maintenance plan;

(7) Equipment maintenance plan; and

(8) Regional Emergency Services Internet Protocol Network (ESInet) [ESInet] plans.

(d) A regional strategic plan [Regional plans] must include at least one Primary PSAP and the following equipment and service at all PSAPs:

(1) Automatic Number Identification (ANI) level of service;

(2) Automatic Location Identification (ALI) level of service;

(3) Wireless Phase I E9-1-1 level of service;

(4) Wireless Phase II E9-1-1 level of service;

(5) Text-to-911 service (absent a Commission-approved waiver);

(6) [(5)] TDD/TTY or TDD/TTY compatible equipment in compliance with the Americans with Disabilities Act (ADA) and in compliance with Commission Rule 251.4, Guidelines Accessibility Equipment;

(7) [(6)] A standby power supply for the 9-1-1 equipment;

(8) [(7)] Forced disconnect feature to allow the PSAP to clear incoming circuits when necessary;

(9) [(8)] The following must be redundant:

(A) Network connections between each service provider facility and the 9-1-1 Network Service Provider's selective router (SR);

(B) Network connections from the SR to the Primary PSAP and/or Host Customer Premises Equipment (CPE) location;

(C) Network connections from the ALI database to the Primary PSAP and/or Host CPE location;

(D) Database routers at the Primary PSAP and/or Host CPE location;

(E) Telephone sets and/or integrated ANI and ALI display call taking positions; and

(F) Any other equipment essential to the 9-1-1 call and text-taking functions; [call-taking function.]

(10) [(9)] A published ten-digit emergency telephone number that can accept emergency calls 24 hours a day, 7 days a week, 365 days a year and which is answered by a qualified 9-1-1 call taker; [and]

(11) [(10)] A positive response to each 9-1-1 call [to include an audible ringing tone connecting to a PSAP] where either the call is answered by personnel at the PSAP or a recorded announcement provides further information; and[.]

(12) A positive response to each Text-to-911 by personnel at the PSAP or a recorded announcement providing further information.

(e) Adding a PSAP or 9-1-1 Call Taking Positions. Requests for an increase in the number of PSAPs or 9-1-1 call taking positions within a PSAP shall be submitted as part of a regional strategic plan or amendment thereto in accordance with Commission Program Policy Statements.

(f) Closing a PSAP. Requests to close a PSAP shall be submitted as part of a regional strategic plan or amendment thereto in accordance with Commission Program Policy Statements.

(g) Contracts. Each RPC shall execute interlocal agreements between itself and each public agency or public safety agency in the RPC's region that address, at a minimum, the planning, development, operation and provision of 9-1-1 service, the use of 9-1-1 funds, and the requirements in the contracts promulgated pursuant to Commission Rule 251.12, Commission and Regional Planning Commission Contracts for 9-1-1 Service.

(h) Testing. Each RPC shall test all 9-1-1 equipment and 9-1-1 service, including Text-to-911. Testing shall occur when 9-1-1 service is implemented or equipment is installed, service or equipment is modified, and on a regular basis to ensure system reliability, including compliance with the ADA. A schedule for ongoing testing shall be developed by the RPC and shall be available to the Commission for monitoring.

(i) Performance Reporting. Each RPC shall submit financial and performance reports to the Commission at least quarterly on a schedule to be established by the Commission. The financial report shall identify actual implementation costs by county, budget allocation, and component. The performance report shall reflect the progress of implementing the region's strategic plan including, but not limited to, the status of equipment, services, and program deliverables in a format to be determined by the Commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 25, 2017.

TRD-201702105

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: July 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) proposes amendments to §253.2 and §253.3. The amendments are being proposed as a result of CSEC's statutory review of its Chapter 253 rules as required by Texas Government Code §2001.039. CSEC's notice of intent to review its Chapter 253 rules was published in the April 7, 2016, issue of the Texas Register (42 TexReg 1929). In the Review of Agency Rules section of this issue of the Texas Register, CSEC readopted without amendments rules §§253.1, 253.4, and 253.5 and concluded is statutory review.

BACKGROUND AND PURPOSE

CSEC proposes amendments to rule §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).

SECTION-BY-SECTION EXPLANATION

The proposed amendments are to align the rules with the Comptroller of Public Accounts (Comptroller) corresponding rules, as required by statute. The Comptroller recently completed a reorganization of its Chapter 20, Statewide Procurement and Support Services rules, which included a wholesale repeal of its existing rules.

The proposed amendments to §253.2 reflect the change in title and numbering of the Comptroller's newly adopted §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 proposed amendments to §253.3 reflect the Comptroller's reorganization and revision of its Protests and Appeals rules. Specifically, CSEC added new subsection (c) to incorporate the Comptroller's definitions in §20.533 (Title 34, Part 1 Tex. Admin. Code §20.533); deleted §253.3(e)(1) - (6) and revised the section to reference the requirements in Comptroller’s §20.535; and made minor changes to the rule text to better correspond to the Comptroller's rules.

FISCAL NOTE

Kelli Merriweather, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that amended §253.2 and §253.3 are in effect there will be no cost implications to the state or local governments as a result of enforcing or administering the amended sections.

PUBLIC BENEFITS AND COSTS

Ms. Merriweather has determined that for each year of the first five years the amended section is in effect, the public benefits anticipated as a result of the proposed amendments will be to provide actual or prospective bidders with clear instructions on filing a protest in connection with the solicitation, evaluation or method of evaluation, award of a contract, or tentative award by CSEC; and CSEC's process for handling protests.

LOCAL EMPLOYMENT IMPACT STATEMENT

CSEC has determined that this proposal does not directly affect a local economy and therefore has not drafted a local employment impact statement as would otherwise be required under Administrative Procedures Act §2001.022.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

CSEC has determined that this proposal is not a "major environmental rule" as defined by Government Code §2001.0225.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS

In accordance with Government Code §2006.002(c), Ms. Merriweather has determined that there will be no adverse economic effect on small businesses and micro-businesses as the rules being proposed affect only the relationship between CSEC and the Regional Planning Commissions. Accordingly, CSEC has not prepared an economic impact statement or regulatory flexibility analysis.

TAKINGS IMPACT ASSESSMENT

CSEC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted in writing c/o Patrick Tyler, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942, by facsimile to (512) 305-6937, or by email to patrick.tyler@csec.texas.gov. Please include "Rulemaking Comments" in the subject line of your letter, fax, or email. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

STATEMENT OF AUTHORITY

The amended section is proposed 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 proposal.

§253.2.Competitive Sealed Bids or Proposals. [Bid Opening and Tabulation.]

[(a)] The Commission adopts by reference the rules of the Texas Comptroller of Public Accounts relating to competitive sealed bids or proposals (34 Tex. Admin. Code §20.207 and §20.208) [bid opening and tabulation (34 Texas Administrative Code §20.35)].

[(b) Adoption of this rule is required of state agencies by Texas Government Code §2156.005(d).]

§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) [(34 Texas Administrative Code §20.384)]. In the event of a direct conflict between the two rules, the procedures in §§20.533 - 20.538 [§20.384] 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) [(c)] Any actual or prospective bidder, offeror, or contractor claiming to have been aggrieved in connection with the solicitation, evaluation or method of evaluation , [or] award of a contract, or tentative award by the Commission may submit a [formal] protest to the General Counsel [of the Commission (General Counsel)]. Protests must be [in writing and] 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 [Formal protests] must conform to [this] subsection (d) [(c)] and subsection (f) [(e)] of this section, and shall be resolved through the procedures described in subsections (g) - (m) [(f) - (l)] of this section. The protesting party must mail or deliver copies of the [formal] protest to all interested parties.

(e) [(d)] In the event a [formal ] 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) [(e)] A [formal] protest must be sworn and meet the requirements of Comptroller §20.535(a)(1) (34 Tex. Admin. Code §20.535). [contain:]

[(1) a specific identification of the statutory or regulatory provision(s) that the protesting party alleges has been violated;]

[(2) a specific description of each action that the protesting party alleges to be a violation of the statutory or regulatory provision(s);]

[(3) a statement of the relevant facts;]

[(4) statement of any issues of law or fact that the protesting party contends must be resolved;]

[(5) a statement of the argument and authorities that the protesting party offers in support of the protest; and]

[(6) a statement that copies of the formal protest have been mailed or delivered to all identifiable interested parties.]

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

(h) [(g)] If the protest is not resolved by mutual agreement, the General Counsel shall send a determination letter resolving the protest [formal dispute] 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) [(h)] 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) [(i)] The Executive Director may refer the matter to the Commission for consideration or may issue a written decision regarding the appeal.

(k) [(j)] The following requirements shall apply to a [formal] 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) [(k)] A [formal] protest or an appeal of a determination that is not [filed] 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.

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

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

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 25, 2017.

TRD-201702114

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: July 9, 2017

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