TITLE 1. ADMINISTRATION

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, concerning Regional Planning Commission (RPC) strategic planning, without changes to the proposed text as published for comment in the June 5, 2020, issue of the Texas Register (45 TexReg 3711). The adopted rule will not be republished.

REASONED JUSTIFICATION

Amended §251.1 implements Health and Safety Code §771.055 requirement for an RPC to submit for CSEC approval a regional strategic plan describing how 9-1-1 service is to be administered in the RPC's region, including at a minimum how money allocated to the RPC is to be allocated in the region; projected financial operating information for the two state fiscal years following the submission of the plan; and strategic planning information for the five state fiscal years following submission of the plan.

As amended, §251.1 disentangles CSEC strategic planning policy in the rule from the details of implementing such policy and addresses requirements--including those demanded by changes in technology, reporting, etc.--at a higher, policy level that is technology neutral. Reflecting these changes is the rule's replacement of specific public safety answering point (PSAP) requirements with the requirement to include a PSAP Network plan and the addition of new plan requirements for an information security program, plans for call routing/local monitoring/capital assets/database/equipment, Text-to-911 service, and financial reporting. The specific details and instructions for submitting or amending a regional strategic plan are included in CSEC Program Policy Statements. As a result, the amended rule is considerably shorter, with most changes being deletions of text and revising the outline schema to reconcile with the deletions.

PUBLIC COMMENT AND AGENCY RESPONSE

CSEC received no comments on proposed amended §251.1.

STATUTORY AUTHORITY

The amended section is adopted pursuant to Health and Safety Code §§771.051, 771.0511, 771.055 - .057, and 771.078.

No other statute, article, or codes are 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, 2020.

TRD-202003033

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Effective date: August 16, 2020

Proposal publication date: June 5, 2020

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


1 TAC §251.3

The Commission on State Emergency Communications (CSEC) adopts amended §251.3, concerning a Regional Planning Commission (RPC) requests for Use of Revenue, without changes to the proposed text as published for comment in the June 5, 2020, issue of the Texas Register (45 TexReg 3713). The adopted rule will not be republished.

REASONED JUSTIFICATION

Amended §251.3 implements Health and Safety Code §§771.075, 771.0751, and 771.0751 regarding the use of CSEC-allocated 9-1-1 service fees and equalization surcharge by an RPC in its largest county/county with at least one million population. The amendments clarify in §251.3(a) that an RPC's use of revenue is limited to the amount of unexpended and unencumbered allocated grant funds from 9-1-1 service fees (wireline/VoIP, wireless, and prepaid wireless) and equalization surcharge remitted to the Comptroller of Public Accounts from the RPC's service region for the fiscal year use of revenue is requested. Allocated grant funds exceeding an RPC's 9-1-1 service fee and equalization surcharge revenues are not eligible for use of revenue.

Amended §251.3(a) also clarifies that allocated grant funds remitted from an RPC's 9-1-1 service region are expended and encumbered first before any other source of funding of an RPC's grant--including grant funds allocated from General Revenue Dedicated (GRD) fund balances.

As amended, §251.3 will result in CSEC lapsing 9-1-1 service appropriations back to the Texas Treasury GRD accounts equal to any remaining unexpended and unencumbered RPC grant amounts funded from GRD account balances.

PUBLIC COMMENT AND AGENCY RESPONSE

CSEC received no comments on proposed amended §251.3

STATUTORY AUTHORITY

The amended section is adopted pursuant to Health and Safety Code §§771.051 - .052, 771.055 - .057, 771.075, 771.0751.

No other statute, article, or codes are 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, 2020.

TRD-202003034

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Effective date: August 16, 2020

Proposal publication date: June 5, 2020

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


CHAPTER 254. REGIONAL POISON CONTROL CENTERS

1 TAC §254.2

The Commission on State Emergency Communications (CSEC) adopts amended §254.2, concerning the establishment and governance of CSEC's Poison Control Coordinating Committee (PCCC), without changes to the proposed text as published for comment in the June 5, 2020, issue of the Texas Register (45 TexReg 3715). The adopted rule will not be republished.

REASONED JUSTIFICATION

Amended §254.2 is primarily adopted to extend the duration of the PCCC to September 1, 2023. As amended, the rule also incorporates by reference new coordinating, partnering, and evaluation activities recently adopted by CSEC in the PCCC bylaws; changes the requirement of quarterly reporting by the PCCC to a September 1 of each year annual report; and makes conforming changes for clarification.

PUBLIC COMMENT AND AGENCY RESPONSE

CSEC received no comments on proposed amended §254.2.

STATUTORY AUTHORITY

The amended section is adopted under Health and Safety Code §777.008 and Government Code Chapter 2110. The former establishes the PCCC and the latter requires state agencies to describe by rule an advisory committee's purpose and tasks, the manner in which the Committee reports to CSEC, and the duration of the Committee.

No other statutes, articles, or codes are 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, 2020.

TRD-202003035

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Effective date: August 16, 2020

Proposal publication date: June 5, 2020

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


PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 372. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMS

SUBCHAPTER F. BENEFITS

DIVISION 1. BENEFITS IN GENERAL

1 TAC §372.1513

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §372.1513, concerning Availability of Monthly Benefits. The amendment is adopted without changes to the proposed text as published in the May 8, 2020, issue of the Texas Register (45 TexReg 2957). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment is necessary to comply with House Bill 1218, 86th Legislature, Regular Session, 2019, which requires HHSC to distribute Supplemental Nutrition Assistance Program (SNAP) benefits across a 28-day period for new SNAP households certified on or after September 1, 2020.

The amendment to §372.1513 changes the benefits distribution schedule for SNAP and Temporary Assistance for Needy Families (TANF). SNAP benefits will be available during the first 28 days of the month, rather than the first 15 days. The amendment also clarifies that TANF benefits are available during the first 3 days of the month and removes the correlated SNAP and TANF distribution schedules.

COMMENTS

The 31-day comment period ended June 8, 2020.

During this period, HHSC did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies and Human Resources Code §33.002(c-1), which requires the Executive Commissioner to adopt rules related to distribution of SNAP benefits.

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 22, 2020.

TRD-202003007

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: August 11, 2020

Proposal publication date: May 8, 2020

For further information, please call: (512) 206-4641