TITLE 1. ADMINISTRATION

PART 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

CHAPTER 251. 9-1-1 SERVICE STANDARDS

The Commission on State Emergency Communications (CSEC) proposes amendments to 1 TAC §251.2.

BACKGROUND AND PURPOSE

CSEC proposes an amendment to rule 251.2 (Title 1, Part 12, Chapter 251 of the Texas Administrative Code) relating to 9-1-1 service arrangements. The primary purpose of the amendment is to address the use of Next Generation 9-1-1 systems and technologies to temporarily route 911 calls to a different emergency service provider or public safety answering point (PSAP) based on the caller's location using geographic coordinates and other information obtained by geographic information system (GIS) technology.

SECTION-BY-SECTION EXPLANATION

Section 251.2(c) is amended to provide the procedure for a service provider to implement temporary geospatial routing at the request of a Texas 9-1-1 administrative entity.

FISCAL NOTE

Andrew Friedrichs, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that amended §251.2 is in effect there will be no additional cost, reduction in cost, or loss or increase in revenue to the state or local governments as a result of enforcing or administering the amended section. Changes in 9-1-1 service arrangements are initiated by and at the direction of each 9-1-1 administrative entity. As amended, the rule does not affect the authority of a 9-1-1 administrative entity to initiate or control changes in its 9-1-1 service arrangements. Therefore, the amended rule has no impact on any costs associated with 9-1-1 service arrangements or changes thereto.

PUBLIC BENEFITS AND COSTS

Mr. Friedrichs 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 ensure that a service provider only implements temporary geospatial routing when requested by a Texas 9-1-1 administrative entity to change its 9-1-1 service arrangement and only for a defined period of time. This will avoid any disruptions or degradations in 9-1-1 service from changes to 9-1-1 service arrangements that are either not requested by the proper entity or are not reverted back to the routing policy previously approved by the Texas 9-1-1 Administrative Entity in a timely manner.

RULE INCREASING COSTS TO REGULATED PERSONS

Government Code §2001.0045 precludes a state agency from adopting a proposed rule if the fiscal note imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under §2001.0045(c).

Section 2001.0045(b) is not applicable as no costs are imposed on regulated persons as a result of the amendment. Accordingly, no repeal or amendment of another rule to offset costs is required.

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.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, CSEC has determined that during the first five years that the amendment of this rule will be in effect it would:

(1) not create or eliminate a government program;

(2) not require the creation of new employee positions or the elimination of existing employee positions;

(3) not require an increase or decrease in future legislative appropriations to CSEC;

(4) not require an increase or decrease in fees paid to the agency;

(5) not create a new regulation;

(6) expand an existing regulation to address temporary geospatial routing in the context of changes to 9-1-1 service agreements;

(7) not increase or decrease the number of individuals subject to the rule's applicability; and

(8) not positively or adversely affects this state's economy

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, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

In accordance with Government Code §2006.002(c), Mr. Friedrichs has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The proposal permits service providers to implement temporary geospatial routing for a planned event or in response to an emergency incident at the request of a 9-1-1 administrative entity and requires that the service provider revert the routing back to the previously approved routing policy after the conclusion of such event or incident. This process does not economically impact either party. Accordingly, CSEC has not prepared an economic impact statement or regulatory flexibility analysis, nor has it contacted legislators in any rural communities regarding this proposal.

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 Kenny Moreland, General Counsel, Commission on State Emergency Communications, 1801 Congress Avenue, Suite 11.100, Austin, Texas 78701, or by email to kennym@csec.texas.gov. CSEC invites specific comments regarding the effects of the proposed rule, including the costs associated with, and benefits that will be gained by the proposed amendment. CSEC also requests any data, research, or analysis from any person required to comply with the proposed rule or any other interested person. CSEC will consider the information submitted by commenters and the costs and benefits of implementation in deciding whether to modify the proposed rules on adoption. Please include "251.2 Rulemaking Comments" in the subject line of your letter 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 §§771.051, 771.055 - 771.056; and Title 1 Texas Administrative Code, Part 12, Chapter 251, 9-1-1 Service--Standards.

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

§251.2. Changes to 9-1-1 Service Arrangements.

(a) Purpose. The purpose of this rule is to establish minimum requirements for implementing changes to 9-1-1 service arrangements in order to protect against degradation of service.

(b) Standards. All goods, services, systems, or technology purchased with 9-1-1 funds must be consistent with the current commonly accepted standards for enhanced and next-generation 9-1-1. The reference for commonly accepted standards for 9-1-1 networks, equipment, services, and databases is the National 911 Implementation and Coordination Office, commonly referred to as the National 9-1-1 Office. The Emergency Communications Advisory Committee will advise the Commission on matters including standards for statewide interoperability and interconnection of Texas 9-1-1 Administrative Entities' Emergency Services Internet Protocol Networks as provided in Commission Rule §252.8, Emergency Communications Advisory Committee.

(c) Requirements to prevent degradation of 9-1-1 service.

(1) 9-1-1 Database Management Services Provider and 9-1-1 Network Services Provider Requirements.

(A) The service provider, including 9-1-1 Next Generation Core Services Provider, making the proposal to the Texas 9-1-1 Administrative Entity verifies in writing, as part of the proposed agreement, that:

(i) Service provider will participate in joint planning meetings with affected service providers and Texas 9-1-1 Administrative Entities as necessary to prevent degradation of 9-1-1 service;

(ii) Reasonable notice of the proposal (i.e., at least 10 days before a joint planning meeting) has been provided to the current service provider (if a change in service providers is involved) and to other potentially affected service providers;

(iii) The service provider also verifies that at least one joint planning meeting occurred with at least 10 days' notice to all affected service providers that they may participate in the joint planning meeting; and

(iv) As a result of the joint planning meeting either each technical issue or objection by other service providers has fully been resolved or an impartial statement of each unresolved issue or objection has been provided (a joint planning meeting is open to evaluate all alternatives and is not limited to a discussion of one service provider's proposal).

(B) All certifications, prerequisites, and agreements requiring approval under applicable laws and regulations, specifically including Public Utility Commission's §§26.272, 26.433, and 26.435 (16 TAC Part 2, Chapter 26) as they pertain to 9-1-1 service, have been obtained, completed, and approved.

(2) Texas 9-1-1 Administrative Entity Requirements. Prior to the implementation of a change in a 9-1-1 service arrangement, a Texas 9-1-1 Administrative Entity must give reasonable notice to all neighboring or adjacent 9-1-1 entities that could potentially be affected by the change.

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 November 21, 2025.

TRD-202504295

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: January 4, 2026

For further information, please call: (512) 922-9089

CHAPTER 252. ADMINISTRATION

The Commission on State Emergency Communications (CSEC) proposes amendments to 1 TAC §§252.2, 252.3, 252.5 - 252.9.

BACKGROUND AND PURPOSE

CSEC proposes amendments to §§252.2, 252.3 and 252.5 - 252.9 (Title 1, Part 12, Chapter 251 of the Texas Administrative Code) relating to the administration of the agency. The primary purposes of the amendments are to update the rules to reduce inefficiency, be more consistent with relevant statutes, update the agency's procedures, reflect current terminology in the industry, and improve clarity.

SECTION-BY-SECTION EXPLANATION

Section 252.2 is amended to delete the first paragraph of subsection (a), which CSEC has determined is unnecessary because it merely restates policies and incorporates standards that can be found elsewhere. The second paragraph is also amended to update the references to rules of the Comptroller of Public Accounts to a general reference to Chapter 20 in case of future changes.

Section 252.3 is amended to remove two specific examples of serious illnesses of family members or employees, as CSEC determined that such limited examples are unnecessary. It is also amended to revise and clarify the process for prescribing procedures for the sick and family leave pool program.

Section 252.5 is amended to correct the specific statutory references to the State Employees Training Act, which is found in Texas Government Code, §§656.041 - 656.055, and to clarify that CSEC will also comply with the separate requirements in Texas Government Code Chapter 656 Subchapter D. State agencies are required under Texas Government Code § 656.048 to (a) adopt rules relating to: (1) the eligibility of the agency's administrators and employees for training and education supported by the agency; and (2) the obligations assumed by the administrators and employees on receiving the training and education; and (b) adopt rules requiring that before an administrator or employee of the agency may be reimbursed under § 656.047(b), the executive head of the agency must authorize the tuition reimbursement payment. Section 252.5 is also amended to update the name of CSEC's human resources policy document. Subsection (i), which relates to full or partial reimbursement of employee training to obtain a degree or certification, is deleted due to conflicts with Texas Government Code § 656.103. CSEC will adhere to Texas Government Code § 656.103 and, therefore, does not need to adopt a rule that just restates the statute or incorporates its standards by reference.

Section 252.6 is amended to clarify and revise the process that CSEC will follow for questions or disputes regarding the state demographer's population estimates from Regional Planning Commissions (RPCs) or Emergency Communication Districts (ECDs) whose 9-1-1 service boundaries and therefore population totals are not fully accounted for in the estimates. CSEC determined that subsection (b) needed clarification, as the third sentence failed to specify that "comment" is what is being allowed by CSEC staff providing the RPCs and ECDs with proposed percentages. Further, subsection (d) is amended to permit- rather than require - the Commission, upon request by an RPC, ECD, or Commission staff, to review and modify the adopted distribution percentages to account for changes in 9-1-1 service boundaries not reflected in the state demographer's population estimates. This change is appropriate because the Commission is the party with ultimate authority to make the decision and would not be required to act on a request that it determines has no merit.

Section 252.7 is amended to update subsection (a) to update the reference to the National Emergency Number Association's current name for its source for definitions. The minimum value for "9-1-1 Equipment" in current subsection (b)(3) is increased from $5,000 to $10,000 for consistency with the Texas Grant Management Standards. The definition of "Applicable Law" in current subsection (b)(6) is removed because it is unnecessary to provide a non-exhaustive list of other laws. The minimum value for "Capital Assets" in current subsection (b)(7) is increased from $5,000 to $10,000 for consistency with the Texas Grant Management Standards. The definition of "Capital Purchase" in current subsection (b)(8) is removed because the term is not used in rules or CSEC policy documents. The definition of "Controlled Assets" in current subsection (b)(11) is updated for consistency with directive from the Texas Comptroller of Public Accounts. The term "Customer Premises Equipment (CPE)" in current subsection (b)(11) is replaced with the term "Call-Handling Equipment (CHE)," and the definition is updated to reflect current parlance. The definition of "Emergency Communication District (District)" is updated to include Texas Health and Safety Code, Chapter 772, Subchapter G, which was added to statute since the rule was previously adopted. The definition of "Equipment Maintenance" in current subsection (b)(16) is amended to correct the word "insure" to "ensure." The definition of "interlocal Agreement" in current subsection (b)(17) is revised to clarify that it refers to contracts executed under Texas Government Code, Chapter 791. The definition of "Local Monitoring Plan" in current subsection (b)(21) is revised to clarify that it applies to "Interlocal Agreements" as that term is defined in these rules. The definition for "Next Generation 9-1-1 Core Services" is added as new subsection (b)(20) to add this term, which refers to certain components of modern 9-1-1 technology. The definition of "Primary PSAP" in current subsection (b)(23) is amended to remove the reference to a "central office," which is not relevant to modern 9-1-1, and to add a reference to calls routed from a NGCS provider. The definition of "TDD" in current subsection (b)(24) is amended to remove superfluous language. The term "Uniform Grant Management Standards" in current section (b)(26) is replaced with "Texas Grant Management Standards," which is the current standard applicable to state agencies, and the authority referenced is updated. The definition of "Wireless 9-1-1 Call" in current subsection (b)(27) is updated to include the words "wireless service provider" as an explanation of the acronym "WSP." The definition for "Wireless E9-1-1 Service Agreement" in current Subsection (b)(31) is removed because this document is no longer relevant. All definitions are renumbered as needed to account for those definitions that are removed and added.

Section 252.8 is amended to revise subsection (a) to clarify that the Emergency Communications Advisory Committee (Committee) is actually established under Health and Safety Code §771.00511 and not established by the rule as it previously stated. Subsection (b) is amended to clarify the parties that make up the term "9-1-1 Entities" as used therein. Subsection (b)(1) is amended to correct the name of CSEC's Agency Strategic Plan. Subsections (c) and (e) are amended to make CSEC's Executive Director a voting member of the Committee instead of an ex-officio non-voting member. Subsection (c) is also amended to clarify that Committee members may not be from the same 9-1-1 Entity without regard to whether it is a state or local entity. Subsection (e) is further amended to clarify that the term of the Executive Director or such individual's designee does not expire. CSEC believes this will benefit the Committee by allowing the Executive Director to play a more active role as a participant and to have a part in decision-making. Subsection (g) is amended to provide clarity and remove redundancy. Subsection (h) is amended to remove the possibility of a different reporting schedule beyond the standard September 1 deadline and to clarify that there is only one report, which is provided to inform CSEC of the Committee's activities rather than to advise CSEC. Current subsection (k), which relates to reimbursement of expenses, is removed because all meetings are virtual and do not require reimbursement. In the event of in-person meetings requiring reimbursement, CSEC would follow Government Code, Chapter 2110 and does not need to adopt a rule that just restates the same requirements found therein.

Section 252.9 is amended to clarify that "operating" is included in "providing 9-1-1 service" as that term is used in Health and Safety Code §771.053(a)'s grant of liability protection. CSEC believes this addition better describes the different roles that a next generation 9-1-1 service provider plays.

FISCAL NOTE

Andrew Friedrichs, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that the amended sections are in effect there will be no additional cost, reduction in cost, or loss or increase in revenue to the state or local governments as a result of enforcing or administering the amended sections. The amendments to definitions in section 252.7 include two increases to the minimum monetary value for certain categories of expenses for Regional Planning Commissions, but this is only a change to whether the expenses are considered capitalized, meaning recorded as a long-term asset. There is no change from these amendments to what will be reimbursed to local governments by CSEC.

PUBLIC BENEFITS AND COSTS

Mr. Friedrichs 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 reduce inefficiency by removing any portions of the rules that restate state or federal statute, are outdated or redundant, or simply incorporate other standards by reference when adoption by CSEC is not required. The amendments will also benefit the public by updating the rules to be consistent with current terminology from the National Emergency Number Association (NENA), professional organization dedicated to improving and modernizing the 9-1-1 emergency communication system that serves as an industry standard for language. Better clarity is also provided for members of the public and local governments by correcting statutory citations throughout the rules. The public is also benefited by the amendment that makes the Executive Director a voting member of the Emergency Communications Advisory Committee (Committee), because CSEC, as the state's authority on emergency communications, will be able to actively participate in the Committee's decision-making and provide a statewide perspective that is not provided from other members.

RULE INCREASING COSTS TO REGULATED PERSONS

Government Code §2001.0045 precludes a state agency from adopting a proposed rule if the fiscal note imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under §2001.0045(c).

Section 2001.0045(b) is not applicable to these amendments as no costs are imposed on regulated persons as a result of the amendments. Accordingly, no repeal or amendment of another rule to offset costs is required.

LOCAL EMPLOYMENT IMPACT STATEMENT

CSEC has determined that the proposed amendments do 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.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, CSEC has determined that during the first five years that these amendments will be in effect they would:

(1) not create or eliminate a government program;

(2) not require the creation of new employee positions or the elimination of existing employee positions;

(3) not require an increase or decrease in future legislative appropriations to CSEC;

(4) not require an increase or decrease in fees paid to the agency;

(5) not create a new regulation;

(6) not expand, limit, or repeal an existing regulation;

(7) not increase or decrease the number of individuals subject to the rule's applicability; and

(8) not positively or adversely affects this state's economy

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, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

In accordance with Government Code §2006.002(c), Mr. Friedrichs has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities, as the proposed amendments only affect 9-1-1 administrative entities and do not cause the loss of any business opportunities or otherwise affect businesses. Accordingly, CSEC has not prepared an economic impact statement or regulatory flexibility analysis, nor has it contacted legislators in any rural communities regarding this proposal.

TAKINGS IMPACT ASSESSMENT

CSEC has determined that the proposed amendments do 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 Kenny Moreland, General Counsel, Commission on State Emergency Communications, 1801 Congress Avenue, Suite 11.100, Austin, Texas 78701, or by email to kennym@csec.texas.gov. CSEC invites specific comments regarding the effects of the proposed rule, including the costs associated with, and benefits that will be gained by the proposed amendment. CSEC also requests any data, research, or analysis from any person required to comply with the proposed rule or any other interested person. CSEC will consider the information submitted by commenters and the costs and benefits of implementation in deciding whether to modify the proposed rules on adoption. Please include "252.2, 252.3, 252.5 - 252.9 Rulemaking Comments" in the subject line of your letter or email.

Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

STATEMENT OF AUTHORITY

The amended sections are authorized pursuant to Health and Safety Code §§771.051, 771.0511, 771.053, and 771.0711(c), and Government Code §§ 656.048, 661.002, and 2161.003.

The proposed amendment to section 252.9 affects Health and Safety Code §771.053(a). No other statute, article, or code is affected by the proposal.

§252.2. Purchase of Goods and Services: Historically Underutilized Businesses.

[(b)] In accordance with Government Code §2161.003, the Commission adopts by reference the Historically Underutilized Business rules of the Comptroller of Public Accounts in 34 Texas Administrative Code Chapter 20 [§§20.82(d)(1), 20.82(d)(4), and 20.282 - 20.287], relating to the Historically Underutilized Business Program.

§252.3. State Employee Sick and Family Leave Pools.

(a) A sick leave pool program is established to help alleviate the hardship caused to a state employee and the employee's immediate family if a catastrophic illness or injury or a previous donation to the sick leave pool forces the employee to exhaust their sick leave.

(b) A family leave pool program is established to provide a state employee more flexibility in:

(1) bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and

(2) caring for a seriously ill family member or the employee[, including pandemic-related illnesses or complications caused by a pandemic].

(c) The Commission's Executive Director shall designate a Leave Pools Administrator to administer the sick and family leave pool programs.

(d) The Leave Pools Administrator, with approval by [the advice and consent of] the Executive Director, shall prescribe procedures for [the operation of] the sick and family leave pool programs and include such procedures in the Commission's Human Resources [Policy and Procedures] Manual.

(e) Employee donations of one or more days of accrued sick leave to the sick leave pool or accrued sick or vacation leave to the family leave pool are strictly voluntary and must be made in writing.

(f) Procedures for the operation of the sick and family leave pools will be consistent with Texas Government Code, Chapter 661.

§252.5. Employee Training.

(a) "Training" as used in this rule means instruction, teaching, or other education received by a Commission employee that is not normally received by all Commission employees and that is designed to enhance the ability of the employee to perform the employee's job. The term includes a course of study at an institution of higher education or a private or independent institution of higher education as defined by §61.003, Education Code, if the employing state agency spends money to assist the state employee to meet the expense of the course of study or pays salary to the employee to undertake the course of study as an assigned duty. The term does not include training required either by state or federal law or that is determined necessary by the Commission and offered to all Commission employees performing similar jobs.

(b) The Commission may make public funds available to its employees for training in accordance with the State Employees Training Act (Texas Government Code, §§656.041 - 656.055) and Texas Government Code Chapter 656, Subchapter D (§§656.101 - 656.104). The Commission may spend public funds to pay the salary, tuition and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student, or other participant in a training program.

(c) The training must be related to the duties or prospective duties of the employee.

(d) Employees may be required to complete a training program related to the employee's duties or prospective duties.

(e) Requirements for eligibility and participation in a training program shall be in accordance with this rule and the Commission's current Human Resources [Policy and Procedures] Manual.

(f) Approval to participate in a training program, including Commission-sponsored programs, shall not in any way affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.

(g) Permission to participate in any training program may be withdrawn if the Commission's Executive Director determines that participation would negatively impact the employee's job duties or performance.

(h) For an authorized training program offered by an institution of higher education or private or independent institution of higher education:

(1) the Commission may only reimburse the tuition expenses for a program course(s) successfully completed by the employee at an accredited institution of higher education (including online courses or courses not credited towards a degree); and

(2) the Commission's Executive Director must authorize the tuition reimbursement payment.

(i) [(j)] All materials received by an employee through Commission-funded training are the property of the Commission.

§252.6. Wireless Service Fee Proportional Distribution.

(a) The Commission shall use the most recent annual population estimates from the Texas Demographic Center to determine the proportionate amount of wireless and prepaid wireless emergency service fees remitted per Health and Safety Code §771.0711(c) and §771.0712(a) attributable to each regional planning commission (RPC) and emergency communication district (ECD).

(b) Within 90 days of the publication of the state demographer's population estimates, Commission staff shall provide the RPCs and ECDs with the proposed proportionate distribution percentages. RPCs and ECDs may provide comments to the proposed percentages within the timeframe set by Commission staff. Commission staff's proposed percentages are provided to allow comment from RPCs and ECDs whose 9-1-1 service boundaries and therefore population totals are not fully accounted for in the state demographer's population estimates. It is the joint responsibility of affected RPCs and ECDs to provide the Commission with agreed adjustments to the proposed population distributions and proposed percentages to accurately reflect their 9-1-1 service populations.

(c) The Commission shall adopt proportionate distribution percentages in an open meeting. Notice of the adopted percentages shall be provided by Commission staff to the RPCs and ECDs within thirty (30) days of adoption.

(d) Upon request by an RPC, ECD, or Commission staff, the Commission shall review and may modify the adopted distribution percentages to account for changes in 9-1-1 service boundaries not reflected in the state demographer's population estimates.

(e) In accordance with Health and Safety Code §771.0711(c), Commission staff shall use the adopted percentages to distribute to each ECD not participating in the state system its pro-rata share of remitted wireless and prepaid wireless emergency service fees, and notify each ECD when a distribution is made.

(f) Commission staff shall use the adopted percentages to distribute to each ECD not participating in the state system the interest earned on remitted wireless and prepaid wireless emergency service fees and credited by the Comptroller of Public Accounts. Distributions of interest shall be made no less than once each fiscal year.

§252.7. Definitions.

(a) Purpose. This rule defines terms commonly used by the Commission. Terms not defined in this rule or another Commission rule or policy statement shall be defined by Applicable Law. The National Emergency Number Association (NENA) Knowledge Base [Master] Glossary [of 9-1-1 Terminology] is adopted by reference. Commission rules and/or policy statements shall govern in the event of a conflict with the definitions in the NENA Knowledge Base [Master] Glossary.

(b) Definitions. Unless the context clearly indicates otherwise, the following terms mean:

(1) 9-1-1 Call Taking Position--Equipment required to deliver an emergency 9-1-1 call. The position is defined as the equipment necessary to answer the call, not the associated personnel. A position consists of a device for answering the 9-1-1 calls, a device to display 9-1-1 call information, and the related telephone circuitry and computer and/or router equipment necessary to ensure reliable handling of the 9-1-1 call.

(2) 9-1-1 Database--An organized collection of information, which is typically stored in computer systems that are comprised of fields, records (data), and indexes. In 9-1-1, such databases include master street address guides (MSAG), telephone numbers, emergency service numbers (ESNs), and telephone customer records. This information is used for the delivery of location information to a designated public safety answering point (PSAP). Use of the 9-1-1 database must be authorized by the Commission and RPC. The database is developed and maintained by the local government agency and/or the RPC as described within the regional strategic plan in accordance with Commission Rule 251.9, Guidelines for Database Maintenance Funds.

(3) 9-1-1 Equipment--Items and components whose cost is over $10,000 [$5,000] and have a useful life of at least one year.

(4) 9-1-1 Funds--Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771.

(5) 9-1-1 Network--The dedicated network of equipment, circuits, and controls assembled to establish communication paths to deliver 9-1-1 emergency communications.

(7) Capital Asset--Items and components whose cost is over $10,000 [$5,000] and which have a useful life of at least one year.

(8) [(9)] Commission--Commission on State Emergency Communications. Also referred to as CSEC.

(9) [(10)] Contingency Routing Plan--Routing scheme to provide for the provision of uninterrupted 9-1-1 service in the event of an incident that requires the temporary rerouting of 9-1-1 calls due to man-made or natural disasters.

(10) [(11)] Controlled Assets--Controlled assets are property classes that state agencies are required to report to the Comptroller. A listing of items can be found in the CPA FMX Website: https://fmx.cpa.texas.gov/fmx/pubs/spaproc/appendices/appa/appa_6.php, or as amended. [Items and components that have a cost of $5,000 or less and have a useful life of at least one year and have a high risk for loss.]

(11) [(13)] Database Maintenance--A program for the maintenance of the regional MSAG.

(12) [(14)] Digital Map--A computer generated and stored data set based on a coordinate system, which includes geographical and attribute information pertaining to a defined location. A digital map includes street name and location information, data sets related to emergency service provider boundaries, as well as other associated data.

(13) [(15)] Emergency Communication District (District)--A public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or a District created under Texas Health and Safety Code, Chapter 772, Subchapters B, C, D, or F.

(14) [(16)] Equipment Maintenance--The preservation and upkeep of 9-1-1 equipment in order to ensure [insure] that it continues to operate and perform at a level comparable to that exhibited at its initial acquisition.

(15) [(17)] FCC--The Federal Communications Commission.

(16) [(18)] Integrated Services--Primary or third party computer software applications that have been installed or implemented on an existing 911 call taking position's workstation that were not designed or intended for the workstation at the time of purchase or not loaded onto the workstation by the equipment vendor when originally installed at the PSAP.

(17) [(19)] Interlocal Agreement--A contract cooperatively executed under Chapter 791 Government Code between local governments or other political subdivisions of the state to perform administrative functions or provide services, relating to 9-1-1 telecommunications.

(18) [(20)] Local Government--A county, municipality, public agency, or any other political subdivision that provides, participates in the provision of, or has authority to provide fire-fighting, law enforcement, ambulance, medical, 9-1-1, or other emergency services and/or addressing functions.

(19) [(21)] Local Monitoring Plan--The RPC schedule for monitoring all Interlocal Agreements [interlocal contracts], 9-1-1 funded activities, equipment, PSAPs, and subcontractors.

(21) [(22)] Primary PSAP--PSAP to which 9-1-1 calls are routed directly from a [central office/] selective routing tandem or NGCS provider.

(22) [(23)] Regional Planning Commission (RPC)--A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments.

(23) [(24)] Regional Strategic Plan--A plan developed by each RPC for the establishment and operation of 9-1-1 service throughout the region that the RPC serves. The service and contents must meet the standards established by the Commission. A Regional Strategic Plan may also be referred to as Regional Plan or Strategic Plan.

(24) [(25)] TDD--[the acronym for] Telecommunication Device for the Deaf. Other interchangeable acronyms accepted are TTY (Teletypewriter) or TT (Text Telephone).

(25) [(26)] Texas [Uniform] Grant Management Standards (TxGMS) [(UGMS)]--As developed by the Comptroller of Public Accounts [Governor's Office of Budget, Planning and Policy] under the authority of Texas Government Code, Chapter 783 [of the Texas Government Code].

(26) [(27)] Useful Life--The period of time that a piece of capital equipment can consistently and acceptably fulfill its service or functional assignment.

(27) [(28)] Wireless 9-1-1 Call--A call made by a wireless end user utilizing a WSP wireless network, initiated by dialing "9-1-1" (and, as necessary, pressing the "Send" or analogous transmitting button) on a Wireless Handset.

(28) [(29)] Wireless E9-1-1 Phase I Service--The service by which the wireless service provider (WSP) delivers to the designated PSAP the wireless end user's call back number and cell site/sector information when a wireless end user has made a 9-1-1 call, as contracted by the RPC.

(29) [(30)] Wireless E9-1-1 Phase II Service--The service by which the WSP delivers to the designated PSAP the wireless end user's call back number, cell site/sector information, as well as X, Y (longitude, latitude) coordinates to the accuracy standards set forth in the FCC Order.

§252.8. Emergency Communications Advisory Committee.

(a) Purpose. The [purpose of this rule is to establish an] Emergency Communications Advisory Committee (Committee) is established under Health and Safety Code §771.0511 to assist the Commission in coordinating the development, implementation, interoperability, and internetworking of interconnected emergency services Internet Protocol networks (ESInets). Interconnected, interoperable ESInets providing Next Generation Core Services covering all of Texas constitute the State-level ESInet. As defined in Health and Safety Code §771.0511(a)(2), the State-level ESInet is used for communications between and among public safety answering points (PSAPs) and other entities that support or are supported by PSAPs in providing emergency call handling and response, and will be a part of the Texas Next Generation Emergency Communications System.

(b) Policy. It is Commission policy that the development, implementation, interoperability, interconnection, and internetworking of ESInets be done on a cooperative basis between the Commission, Regional Planning Commissions (RPCs), and Emergency Communication Districts (ECDs), as that term is defined in Health and Safety Code §§771.001(3)(A) and 771.001(3)(B) (collectively, [with the state's] 9-1-1 Entities). It is Commission policy that the Committee:

(1) advise the Commission on matters regarding the interoperability and interconnection of ESInets, specifically including but not limited to Statewide Interoperability & Standards development for planning for interconnectivity, interoperability, and internetworking of ESInets as reflected in the Commission's [Next Generation 9-1-1 Master Plan (Appendix 1 to the Commission] Agency Strategic Plan [for Statewide 9-1-1 Service for Fiscal Years 20xx-20xx)]; and

(2) provide for 9-1-1 Entity collaboration on issues regarding ESInets, particularly regarding interoperability and interconnection of ESInets, to ensure that the requirements of the state's 9-1-1 Entities are met.

(c) Composition of Committee. Each Committee member must have appropriate training, experience, and knowledge of Next Generation 9-1-1 technology and services and/or emergency services other than 9-1-1 services to effectively advise the Commission.

(1) the Committee is appointed by the Commission and includes, at a minimum, the following members:

(A) The Executive Director of the Commission or such individual's designee [as an ex-officio, non-voting member];

(B) two representatives from the [Regional Planning Commissions (RPCs)];

(C) two representatives from the [Emergency Communication Districts (]ECDs[)], as that term is defined in Health and Safety Code §771.001(3)(A); and

(D) two representatives from the ECDs, as that term is defined in Health and Safety Code §771.001(3)(B).

(2) No two Committee members may be from the same [state] 9-1-1 Entity.

(3) The Commission may add to the composition of the Committee including members representing emergency services other than 9-1-1 service.

(4) In appointing members to the Committee except under paragraph (3) of this subsection, the Commission shall consult with the RPCs and ECDs. RPCs may designate responsibility for consulting with the Commission to the Texas Association of Regional Councils. ECDs defined in Health and Safety Code §771.001(3)(A) and (B) may designate responsibility for consulting with the Commission to the Municipal Emergency Communication Districts Association and the Texas 9-1-1 Alliance, respectively.

(d) Bylaws. Draft bylaws for approval by the Commission. The bylaws shall, at a minimum, provide for the following:

(1) selection from among the members a presiding officer and an assistant presiding officer whose terms may not exceed two years; and

(2) establish standing committees.

(e) Terms of Office [for Voting Members]. Except for the Executive Director of the Commission or such individual's designee, whose term as a member does not expire, each [Each] member shall be appointed for a term of 3 years, except for the initial member terms under paragraph (4) of this subsection.

(1) Member terms begin on January 1st.

(2) Members shall continue to serve after the expiration of their term until a replacement member is appointed by the Commission.

(3) If a vacancy occurs, a person shall be appointed by the Commission to serve the unexpired portion of the vacating member's term.

(4) Members serve staggered terms. Initial member terms are as follows:

(A) one member from each 9-1-1 Entity represented on the Committee expires on December 31, 2013; and

(B) one member from each 9-1-1 Entity represented on the Committee expires on December 31, 2014.

(f) Committee Meeting Attendance. Members shall attend scheduled Committee meetings.

(1) A member shall notify the presiding officer or Commission staff if the member is unable to attend a scheduled meeting.

(2) The Commission may remove a member if it determines that a member cannot discharge the member's duties for a substantial part of the member's appointed term because of illness or disability, is absent from more than half of the Committee meetings during a fiscal year, or is absent from at least three consecutive Committee meetings. The validity of an action of the Committee is not affected by the fact that it is taken when a ground for removal of a member exists.

(g) Committee Roles and Responsibilities. The Committee is to assist the Commission in coordinating the development, implementation, and management of interoperable and interconnected ESInets. The Committee shall [will] seek state 9-1-1 Entity input and collaboration [regarding the interoperability and interconnection of ESInets], specifically including but not limited to Statewide Interoperability & Standards development for planning for interconnectivity, interoperability, and internetworking of ESInets as reflected in the Commission's Next Generation 9-1-1 Master Plan (Appendix 1 to the Commission Strategic Plan for Statewide 9-1-1 Service for Fiscal Years 20xx-20xx).

(h) Reporting to the Commission. The Committee, through its presiding officer, shall [will] submit by September 1 of each year an annual report to[, or according to the schedule established by the commission, written reports advising] the Commission on its activities. The reports shall include the following:

(1) an update on the Committee's work, including:

(A) Committee and sub- or standing-committee meeting dates;

(B) member attendance records;

(C) description of actions taken by the Committee;

(D) description of how the Committee has accomplished or addressed the tasks and objectives of this section and any other issues assigned to the Committee by the Commission; and

(E) anticipated future activities of the Committee;

(2) description of the usefulness of the Committee's work; and

(3) statement of costs related to the Committee, including the cost of Commission staff time spent in support of the Committee.

(i) Statement by a Member.

(1) The Commission and the Committee shall not be bound in any way by any statement or action by a member except when the statement or action is in pursuit of specific instructions from the Commission.

(2) The Committee and its members may not participate in legislative activity in the name of the Commission or the Committee without Commission approval.

(j) Advisory Committee. The Committee is an advisory committee in that it does not supervise or control public business or policy. As an advisory committee, the Committee is not subject to the Open Meetings Act (Government Code, Chapter 551).

(k) [(l)] Commission Staff. Support for the Committee will be provided by Commission staff.

(l) [(m)] Applicable law. The Committee is subject to Government Code, Chapter 2110, concerning state agency advisory committees.

(m) [(n)] Commission Evaluation. The Commission shall annually evaluate the Committee's work, usefulness, and the costs related to the Committee, including the cost of Commission staff time spent supporting the Committee's activities.

(n) [(o)] Report to the Legislative Budget Board. The Commission shall report to the Legislative Budget Board the information developed in subsection (m) [(n)] of this section on a biennial basis as part of the Commission's request for appropriations.

(o) [(p)] Review and Duration. On or before September 1, 2029, the Commission will initiate and complete a review of the Committee to determine whether the Committee should be continued or abolished. If the Committee is not continued, it shall be automatically abolished on September 1, 2029.

§252.9. Liability Protection of NG9-1-1 Service Providers.

(a) Purpose. The purpose of this rule is to make clear that the protection from liability provided by Health and Safety Code §771.053(a) extends to and includes service providers involved in developing, [and] deploying, and operating Next Generation 9-1-1 (NG9-1-1).

(b) NG9-1-1 Service Providers. NG9-1-1 service provider refers to a person or entity involved in providing 9-1-1 service that utilizes in whole or in part Internet Protocol or other NG9-1-1 technologies.

(c) Liability Protection. NG9-1-1 service providers are protected from liability for any claim, damage, or loss arising from the provisioning of 9-1-1 service to the same extent as a service provider of telecommunications service involved in or a manufacturer of equipment used in providing 9-1-1 service under Health and Safety Code §771.053(a).

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 November 21, 2025.

TRD-202504302

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: January 4, 2026

For further information, please call: (512) 922-9089

The Commission on State Emergency Communications (CSEC) proposes the repeal of rule 252.4.

BACKGROUND AND PURPOSE

CSEC proposes to repeal §252.4 (Title 1, Part 12, Chapter 252 of the Texas Administrative Code) relating to charges for open records requests. This repeal will remove a rule that is unnecessary because the requirements for imposing charges for open records requests are governed by the rules adopted by the Texas Office of the Attorney General in Title 1, Part 3, Chapter 70 of the Texas Administrative Code pursuant to the directive in Texas Government Code §552.262.

The statute directs the attorney general to adopt rules and states such rules shall be used by each governmental body in determining charges for providing copies of public information and in determining the charge, deposit, or bond required for making public information that exists in a paper record available for inspection, except to the extent that other law provides for charges for specific kinds of public information. There is no requirement for a state agency to adopt these rules.

FISCAL NOTE

Andrew Friedrichs, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that the repeal is in effect there will be no additional cost, reduction in cost, or loss or increase in revenue to the state or local governments as a result of enforcing or administering the repealed section.

PUBLIC BENEFITS AND COSTS

Mr. Friedrichs has determined that for each year of the first five years the repeal is in effect, the public benefits anticipated as a result of the proposed repeal will be to improve efficiency by removing an unnecessary rule, thereby reducing the total number of regulations adopted by CSEC.

RULE INCREASING COSTS TO REGULATED PERSONS

Government Code §2001.0045 precludes a state agency from adopting a proposed rule if the fiscal note imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under §2001.0045(c).

Section 2001.0045(b) is not applicable to this repeal as no new costs are imposed on regulated persons as a result of the repeal. Accordingly, no repeal or amendment of another rule to offset costs is required.

LOCAL EMPLOYMENT IMPACT STATEMENT

CSEC has determined that the proposed repeal 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.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, CSEC has determined that during the first five years that this repeal will be in effect it would:

(1) not create or eliminate a government program;

(2) not require the creation of new employee positions or the elimination of existing employee positions;

(3) not require an increase or decrease in future legislative appropriations to CSEC;

(4) not require an increase or decrease in fees paid to the agency;

(5) not create a new regulation;

(6) repeal an existing regulation, although the repealed regulation was duplicative of existing regulations adopted by the Texas Attorney General in Title 1, Part 3, Chapter 70 of the Texas Administrative Code;

(7) decrease the number of individuals subject to the rule's applicability, because the rule is repealed, but such individuals will still be subject to the existing regulations adopted by the Texas Attorney General in Title 1, Part 3, Chapter 70 of the Texas Administrative Code; and

(8) not positively or adversely affects this state's economy

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

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

SMALL, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

In accordance with Government Code §2006.002(c), Mr. Friedrichs has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities, because the proposed repeal does not change the process for charges for open records requests. Accordingly, CSEC has not prepared an economic impact statement or regulatory flexibility analysis, nor has it contacted legislators in any rural communities regarding this proposal.

TAKINGS IMPACT ASSESSMENT

CSEC has determined that the proposed repeal 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 proposed repeal may be submitted in writing c/o Kenny Moreland, General Counsel, Commission on State Emergency Communications, 1801 Congress Avenue, Suite 11.100, Austin, Texas 78701, or by email to kennym@csec.texas.gov. CSEC invites specific comments regarding the effects of the proposed repeal, including the costs associated with, and benefits that will be gained by the proposed repeal. CSEC also requests any data, research, or analysis from any person required to comply with the proposed repeal or any other interested person. CSEC will consider the information submitted by commenters and the costs and benefits of implementation in deciding whether to modify the proposed repeal on adoption. Please include "252.4 Rulemaking Comments" in the subject line of your letter or email.

Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

STATEMENT OF AUTHORITY

The proposed appeal is authorized pursuant to Health and Safety Code §§771.051; Government Code §552.262; and Texas Administrative Code Title 1, Part 3, Chapter 70.

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

§252.4. Charges for Open Records Requests.

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 November 21, 2025.

TRD-202504308

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: January 4, 2026

For further information, please call: (512) 922-9089

CHAPTER 253. PRACTICE AND PROCEDURE

The Commission on State Emergency Communications (CSEC) proposes amendments to 1 TAC §§253.1 and, 253.3 - 253.5.

BACKGROUND AND PURPOSE

CSEC proposes amendments to rules §§253.1 and 253.3 - 253.5 (Title 1, Part 12, Chapter 253 of the Texas Administrative Code) relating to the agency's practice and procedure. The primary purposes of the amendments are to update, simplify, and clarify the agency's procedures regarding petitions for rulemaking, protest procedures, negotiated rulemaking, and enhanced contract and performance monitoring.

SECTION-BY-SECTION EXPLANATION

Section 253.1 is amended to delete current subsection (a)(2), which requires publication of a petition for rulemaking received by CSEC and a three-week comment period. This process is not required under the requirements prescribed in Texas Government Code §2001.021. Therefore, CSEC has determined this paragraph may be deleted in order to simplify the process for petitions for rulemaking. Section 253.1 is also amended to delete the second sentence of current subsection (a)(3), which requires CSEC to initiate a rulemaking proceeding if it does not consider and address the petition in an open meeting within 60 days after receiving the petition for rulemaking. CSEC has determined that this requirement also goes beyond the requirements of Texas Government Code §2001.021, and the process for petitions for rulemaking is simplified and improved by tracking the statutory requirements more closely. The subsections are renumbered accordingly.

Section 253.3 is amended to replace the General Counsel with CSEC's Director of Contracting and Purchasing in subsections (c) - (l) regarding which position fills certain roles in the process for reviewing protests related to contract purchases made by CSEC. Upon consideration of the activities to be performed and upon review of practices by other similarly situated agencies, CSEC determined this role is better served by the Director of Contracting and Purchasing. Current subsection (n) is deleted, because it is unnecessary to state that CSEC shall maintain documentation in accordance with its retention schedule. This is already required under Texas Government Code §§441.183 - 441.189 and does not need to be restated in this rule.

Section 253.4 is amended to delete a sentence in subsection (b)(4) that stated certain required contents for the notice of rulemaking when published in the Texas Register. This is unnecessary to address in CSEC's rule, because the notice requirements for negotiated rulemaking are established in Texas Government §2008.053 and do not need to be restated in part in CSEC's rule. Section 253.4 is also amended to clarify that the facilitator discussed in subsection (b)(5) must be appointed in accordance with the requirements in Texas Government Code §2008.055 before being approved by the negotiated rulemaking committee.

Section 253.5 is amended to clarify the requirement in subsection (b) that contracts identified for enhanced contact and/or performance monitoring will be reported to the Commission at the next regular Commission meeting. CSEC determined this change was necessary due to the possibility of being misconstrued to refer to the first Commission meeting of the fiscal year. Such a reading was not the intent of this rule. Section 235.5 is also amended to clarify in subsection (d) that the rule does not apply to a grant agreement, as opposed to a grant award. CSEC determined this change was necessary due to the possibility of being misconstrued to refer to an award notice but not the grant agreement that follows. Section 235.5 is also amended to delete the last sentence in subsection (d), which CSEC determined was redundant and, therefore, unnecessary.

FISCAL NOTE

Andrew Friedrichs, CSEC's executive director, has determined that for each year of the first five fiscal years (FY) that the amended sections are in effect there will be no additional cost, reduction in cost, or loss or increase in revenue to the state or local governments as a result of enforcing or administering the amended sections. These amendments affect administrative processes that do not carry costs or generate revenue.

PUBLIC BENEFITS AND COSTS

Mr. Friedrichs 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 reduce inefficiency by removing any portions of the rules that restate statutes or add steps to the processes that are not required by statutes. The public is benefited by placing the Director of Contracting and Purchasing in the role for protests that is currently occupied by the General Counsel, because the Director of Contracting and Purchasing is better suited to fulfill those duties. This change is in line with practices of other state agencies, including the Comptroller for Public Accounts. CSEC believes consistent procedures across state agencies will be easier for the public to navigate. Finally, the clarifications to the rule regarding enhanced contract and/or performance monitoring will ensure that the Commission and the public are always informed at the next regular Commission meeting rather than potentially being misconstrued to allow such notice to wait until the first meeting of the next fiscal year.

RULE INCREASING COSTS TO REGULATED PERSONS

Government Code §2001.0045 precludes a state agency from adopting a proposed rule if the fiscal note imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under §2001.0045(c).

Section 2001.0045(b) is not applicable as no costs are imposed on regulated persons as a result of the proposed amendments. Accordingly, no repeal or amendment of another rule to offset costs is required.

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.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, CSEC has determined that during the first five years that the amendment of this rule will be in effect it would:

(1) not create or eliminate a government program;

(2) not require the creation of new employee positions or the elimination of existing employee positions;

(3) not require an increase or decrease in future legislative appropriations to CSEC;

(4) not require an increase or decrease in fees paid to the agency;

(5) not create a new regulation;

(6) not expand, limit, or repeal an existing regulation;

(7) increase or decrease the number of individuals subject to the rule's applicability; and

(8) not positively or adversely affects this state's economy

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

CSEC has determined that none of the proposed amendments are a "major environmental rule" as defined by Government Code §2001.0225.

SMALL, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

In accordance with Government Code §2006.002(c), Mr. Friedrichs has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as the rule affects only CSEC and its interactions with members of the public or vendors. Accordingly, CSEC has not prepared an economic impact statement or regulatory flexibility analysis, nor has it contacted legislators in any rural communities regarding this proposal.

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 Kenny Moreland, General Counsel, Commission on State Emergency Communications, 1801 Congress Avenue, Suite 11.100, Austin, Texas 78701, or by email to kennym@csec.texas.gov. CSEC invites specific comments regarding the effects of the proposed amendments, including the costs associated with, and benefits that will be gained by the proposed amendments. CSEC also requests any data, research, or analysis from any person required to comply with the proposed amendments or any other interested person. CSEC will consider the information submitted by commenters and the costs and benefits of implementation in deciding whether to modify the proposed rules on adoption. Please include "253.1, 253.3-253.5 Rulemaking Comments" in the subject line of your letter or email.

Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

STATEMENT OF AUTHORITY

The amendments are proposed pursuant to Health and Safety Code §§771.040, 771.051; and Texas Government Code §§2001.021, 2009.051, 2155.076, and 2261.202.

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

§253.1. Petitions for Rulemaking before the Commission.

(a) Petition for Rulemaking. Any interested person may petition the commission requesting the adoption of a new rule or the amendment of an existing rule.

(1) The petition shall be in writing and shall include a brief explanation of the rule, the reason(s) the new or amended rule should be adopted, the statutory authority for such a rule or amendment, and complete proposed text for the rule. The proposed text for the rule shall indicate by striking through the words, if any, to be deleted from the current rule and by underlining the words, if any, to be added to the current rule.

(2) [(3)] Within 60 days after submission of a petition, the commission either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings. [If the commission does not consider and address the petition in an open meeting during the 60 days, the executive director of the commission shall initiate rulemaking proceedings.]

(b) Commission Initiated Rulemaking. The commission may initiate rulemaking proceedings on its own motion or on the motion of the executive director of the commission. Nothing in this section shall preclude the executive director of the commission or his or her designee from consideration or development of new rules or amendments to existing rules without express direction from the commission.

§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 Director of Contracting and Purchasing. [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 Director of Contracting and Purchasing [General Counsel]. Protests must be received by the Director of Contracting and Purchasing [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 Director of Contracting and Purchasing [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 Director of Contracting and Purchasing [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 Director of Contracting and Purchasing [General Counsel] may solicit written responses to the protest from interested parties.

(h) If the protest is not resolved by mutual agreement, the Director of Contracting and Purchasing [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 Director of Contracting and Purchasing [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 Director of Contracting and Purchasing [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 Director of Contracting and Purchasing [General Counsel] to the Executive Director. An appeal of the Director of Contracting and Purchasing’s [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 Director of Contracting and Purchasing [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.

§253.4. Negotiated Rulemaking and Alternative Dispute Resolution.

(a) Policy. It is the Commission's policy to encourage the use of negotiated rulemaking and alternative dispute resolution procedures in appropriate situations.

(b) Negotiated Rulemaking. When the Commission finds that a rule to be proposed is likely to be complex, controversial, or affect disparate groups, the Commission may propose to engage in negotiated rulemaking in accordance with the Government Code, Chapter 2008.

(1) The Commission's executive director or his designee shall serve as the Commission's convener.

(2) The convener shall assist in identifying persons who are likely to be affected by a proposed rule, including those who oppose issuance of a rule. The convener shall discuss with those persons or their representatives as provided in Government Code §2008.052(c).

(3) The convener shall then recommend to the Commission whether negotiated rulemaking is a feasible method to develop the proposed rule and shall report to the agency on the relevant considerations, including those listed in Government Code §2008.052(d).

(4) After considering the convener's recommendation and report, if the Commission intends to engage in negotiated rulemaking it shall publish notice of its intent in appropriate media and in the Texas Register consistent with the requirements in Government Code §2008.053(a). [The notice shall include a request for comments on the proposal to engage in negotiated rulemaking and list the people the Commission proposes to appoint to the negotiated rulemaking committee.]

(5) After considering comments, if the Commission intends to proceed with negotiated rulemaking it shall appoint a negotiated rulemaking committee and a facilitator in accordance with Government Code §2008.055 that is approved by the negotiated rulemaking committee.

(6) The facilitator shall preside over meetings of the negotiated rulemaking committee and assist the committee in establishing procedures for conducting negotiations and in attempting to arrive at a consensus on the proposed rule.

(7) At the conclusion of negotiations, the negotiated rulemaking committee shall send a written report to the Commission as provided in Government Code §2008.056(d).

(8) After considering the negotiated rulemaking committee's report, if the Commission intends to proceed with the rulemaking process it shall proceed in accordance with Government Code, Chapter 2001, Subchapter B.

(c) Alternative Dispute Resolution. The Commission encourages the fair and expeditious resolution of disputes through alternative dispute resolution (ADR) procedures.

(1) ADR procedures include any procedure or combination of procedures described by Civil Practice and Remedies Code, Chapter 154. ADR procedures are intended to supplement and not limit other dispute resolution procedures available for use by the Commission.

(2) Any ADR procedure used to resolve disputes before the Commission shall conform with Government Code, Chapter 2009, and, to the extent possible, the model guidelines for the use of ADR issued by the State Office of Administrative Hearings (SOAH).

(3) Upon receipt of notice of a dispute, the Commission's Executive Director, in consultation with the Commission's General Counsel, shall determine whether use of an ADR procedure is an appropriate method for resolving the dispute.

(4) If an ADR procedure is determined to be appropriate, the Commission's Executive Director shall recommend to the claimant the use of ADR to resolve the dispute. The Commission's General Counsel will collaborate with the claimant to select an appropriate procedure for dispute resolution and implement the agreed upon procedure consistent with SOAH's model guidelines.

(5) ADR for Breach of Contract Claims. Resolution of breach of certain contract claims brought by a contractor against the Commission shall conform to the requirements of Government Code, Chapter 2260. The Commission adopts by reference the Office of the Attorney General's rules regarding the negotiation and mediation of certain contract disputes (1 Texas Administrative Code Part 3, Chapter 68).

(6) The requirements of Government Code, Chapter 2260, and the Office of the Attorney General's model rules are required prerequisites to a contractor filing suit in accordance with Civil Practices and Remedies Code, Chapter 107.

(d) The Commission's General Counsel is designated as the coordinator to implement the Commission's policy under this rule, provide necessary training, and collect data concerning the effectiveness of the implemented procedures.

§253.5. Enhanced Contract and Performance Monitoring.

(a) The Commission will conduct enhanced contract and/or performance monitoring for each Commission contract that:

(1) has an expected total value in excess of $5 million; or

(2) the Commission or its Executive Director requests enhanced monitoring based on risk assessment factors, including:

(A) The impact of the contracted goods or services on essential Commission functions or programs;

(B) Vendor experience with delivering the contracted goods or services;

(C) Vendor performance on previous Commission contracts; and

(D) Vendor performance during the contract term.

(b) Contracts identified for enhanced contract and/or performance monitoring will be reported to the Commission at the next [first] regular Commission meeting [after the contract is executed]. Thereafter, the Commission will be immediately notified of any unresolved or potential serious issue or risk arising with respect to an identified contract.

(c) Identified contracts will be monitored in accordance with policies and procedures in the Commission's Contract Management Handbook.

(d) This rule does not apply to a memorandum of understanding, interagency contract, interlocal agreement, grant agreement, or a contract that has no cost to the Commission. [This rule specifically does not apply to a Commission contract with either a Regional Planning Commission or Regional Poison Control Center.]

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 November 21, 2025.

TRD-202504309

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Earliest possible date of adoption: January 4, 2026

For further information, please call: (512) 922-9089