TITLE 1. ADMINISTRATION

PART 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

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

The Commission on State Emergency Communications (CSEC) adopts, in Title 1, Part 12, Chapter 251 of the Texas Administrative Code, amendments to rule §251.2 concerning Changes to 9-1-1 Service Arrangements. The rule is adopted without changes to the proposed text as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7783) and will not be republished.

BACKGROUND INFORMATION AND JUSTIFICATION

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.

PUBLIC COMMENT

The 30-day comment period ended on January 5, 2026. During this period, CSEC received no comments on the proposed amendments.

STATEMENT OF AUTHORITY

The amended section is proposed pursuant to Health and Safety Code §§771.051, which establishes CSEC as the state's authority on emergency communications and, among other directives, charges CSEC with administering the implementation of statewide 9-1-1 service; 771.055, which, among other things, requires each regional planning commission to develop a regional plan for the establishment and operation of 9-1-1 service throughout the region that the regional planning commission serves, including a description of how 9-1-1 service is to be administered; and 771.056, which requires submission of a regional plan to the commission for approval or disapproval; 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 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 January 29, 2026.

TRD-202600380

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Effective date: February 18, 2026

Proposal publication date: December 5, 2025

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

CHAPTER 252. ADMINISTRATION

The Commission on State Emergency Communications (CSEC) adopts, in Title 1, Part 12, Chapter 252 of the Texas Administrative Code, amendments to rules 252.2 concerning Purchase of Goods and Services: Historically Underutilized Businesses, 252.3 concerning State Employee Sick and Family Leave Pools, 252.5 concerning Employee Training, 252.6 concerning Wireless Service Fee Proportional Distribution, 252.7 concerning Definitions, 252.8 concerning Emergency Communications Advisory Committee, and 252.9 concerning Liability Protection of NG9-1-1 Service Providers.

These amendments are adopted without changes to the proposed text as published in the December 5, 2025, issue of the Texas Register (50 TexReg 7784). The amended rules will not be republished.

BACKGROUND INFORMATION AND JUSTIFICATION

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.

PUBLIC COMMENT

The 30-day comment period ended on January 5, 2026. During this period, CSEC received comments from one interested party, the Texas 9-1-1 Alliance, on certain proposed amendments to Rule 252.8. The Alliance opposes the proposed amendments to Subsections (c) and (e) of Rule 252.8 that would make CSEC's Executive Director a voting member of the Emergency Communications Advisory Committee (Committee) with a term that does not expire.

Comment: The current rule faithfully implements the relevant statute establishing the Committee's membership.

Response: The current rule sets the Committee's membership at two voting representatives each from a regional planning commission (RPC); an Emergency Communications District (ECD), as that term is defined by Health and Safety Code § 771.001(3)(A); and an ECD, as that term is defined by Health and Safety Code § 771.001(3)(B). It also makes the Executive Director an ex-officio, non-voting member. The relevant statute is Health and Safety Code Section 771.0511(d), which states the membership of the Committee "must include at least: (1) one representative from a [RPC]; (2) one representative from an [ECD], as that term is defined by Section 771.001(3)(A); and (3) one representative from an [ECD], as that term is defined by Section 771.001(3)(B)." (Empasis added.) This comment ignores that the Legislature included the words "at least" before enumerating the three minimum members. CSEC is given clear authority to appoint additional members, which the Commission has previously done by appointing an additional member to represent each the three categories of entities that were only given one representative under statute. Criteria for appointing members of the Committee is addressed in Health and Safety Code § 771.0511(e), as discussed below. Therefore, adding CSEC's Executive Director as a voting member is consistent with the relevant statute that establishes the Committee's minimum membership.

Comment: CSEC did not consult with RPCs and ECDs as required by statute before appointing CSEC's Executive Director as a voting member.

Response: Health and Safety Code § 771.0511(e) states, in part, "In appointing members of an advisory committee, the commission shall consult with regional planning commissions and emergency communication districts throughout the state." CSEC believes the appropriate reading of this requirement is for the Commission to consult the respective entities when appointing a position to represent that entity's interest. It would be illogical to consult an ECD on an appointment of a member to represent the interests of an RPC. In any event, the proposed amendment of Rule 252.8 that would appoint CSEC's Executive Director as a voting member was provided on the agency's website prior to an open meeting, discussed at an open meeting prior to publication in the Texas Register, and presented for formal comment for 30 days by its eventual publication. The Alliance availed itself of the opportunity to submit comments. Adding CSEC's Executive Director with these opportunities to provide input satisfies the statutory requirement to consult RPCs and ECDs, if in fact it does apply to this circumstance.

Comment: This change will erode the Committee's independence and ability to provide unbiased recommendations to the Commission.

Response: The Alliance makes several references to the Committee's independence, despite the fact that no part of the enabling statute suggests the Committee should be an independent body. Notwithstanding, the proposed change would simply give CSEC's Executive Director a single vote in a 7-member body. At most, this vote would represent a tie-breaker, rather than allow a possible tie if the vote of the current composition vote was split. To the extent the Committee benefits the Commission in providing independent perspective, a single vote would not dictate the Committee's actions such that any independence would be eroded. The argument that the Committee's current composition somehow provides an independent, unbiased input, however, ignores the reality that each member represents its own membership. Each member's representation informs and influences the member's actions on the Committee. CSEC's Executive Director would be no different. Adding CSEC's Executive Director as a voting member to represent the state's authority on emergency communications does not impede the Committee's narrow purpose of assisting the Commission to coordinate the development, implementation, and management of an interconnected, state-level emergency services Internet Protocol network, also known as an ESInet.

Comment: Giving CSEC's Executive Director a permanent seat on the Committee as a voting member will almost inevitably make CSEC's Executive Director the dominant, controlling voice of the Committee.

Response: Emphasizing the lack of term limit for CSEC's Executive Director voting position on the Committee is misleading. The RPCs and ECDs all have permanent representation on the Committee as well. Because their members represent multiple entities that make up each group, it is logical for the term of the individual representing each group to be term-limited so that a different entity within the group may be represented by a succeeding representative. CSEC's Executive Director only represents CSEC. Hence, there is no need for a term limit for the position on the Committee. Notwithstanding, one vote in a seven-member body cannot be a "dominant, controlling voice" simply by virtue of the math. A four-member majority would be needed on an issue that the Committee is not in unanimous agreement on. A single vote cannot control. Nor does the duration of a member's position on the Committee have a bearing on the strength of its vote or its informal influence. Adding CSEC's Executive Director as a voting member, regardless of term limit, will not make that position a dominant or controlling voice.

Comment: CSEC's Executive Director serving as a voting member is contrary to the Committee's purpose and intended function as an outside, independent voice.

Response: The Alliance incorrectly cites to Subsection 252.8(j) in describing the Committee's purpose, but that provision merely affirms that the Committee is an "advisory committee" for the application of open meetings laws under Government Code Ch. 551. The actual purpose of the Committee is clearly stated in Health and Safety Code § 771.0511(b)-(c): to assist CSEC with coordinating the development, implementation, and management of an interconnected, state-level emergency services Internet Protocol network. Subsection 252.8(a) reiterates this directive under a clear heading: Purpose. This purpose says nothing of outside independence. On the contrary, the purpose laid out in statute speaks of working with CSEC. An argument that the Committee must be "an outside, independent voice" to fulfill its purpose is not based on the text of the statute or the current rule. Nor must an advisory body exclude from its membership the body being advised. The very committee the Alliance later points out as statutorily requiring an agency's Executive Director to be a voting member, the Texas Electricity Supply Chain Security and Mapping Committee, is established Texas Utilities Code Sec. 38.202 as an advisory committee that is not be subject to Government Code Ch. 551. Adding CSEC's Executive Director as a voting member is consistent with the Committee's purpose and function as stated in statute.

Comment: The legislature's omission of CSEC's Executive Director in Health and Safety Code Sec. 771.0511(d) creates a strong presumption that the Committee should operate with only members who do not represent CSEC because the Legislature knows how to speak clearly to effectuate that end.

Response: This comment points to part of the text while ignoring the whole. Certainly the Legislature knew it could list CSEC's Executive Director among the minimum members. Likewise, the Legislature knew that using the words "must include at least" left the Commission open to appoint additional members. A more revealing omission is the Legislature's decision not to require that additional members be representatives for specific groups as it did for the prescribed minimum membership. On the contrary, the Legislature only prescribed the minimum qualifications for additional members in Health and Safety Code Sec. 771.0511(e), stating that CSEC shall "ensure that each member of the advisory committee has appropriate training, experience, and knowledge in 9-1-1 systems and network management to assist in the implementation and operation of a complex network." Adding CSEC's Executive Director, who meets the requisite criteria in Health and Safety Code Sec. 771.0511(e), as a voting member is consistent with the statutory language when read in full.

Comment: If CSEC implements changes to Subsections (c) and (e) of Rule 252.8 as proposed, then the Alliance proposes also adding the Alliance's then-existing chairman or designee as an additional voting member to balance the addition of CSEC's Executive Director.

Response: CSEC identified the benefit of the amendment to Subsections (c) and (e) of Rule 252.8 as proposed as allowing the Executive Director to play a more active role as a participant and to have a part in decision-making. The alternative proposal does not accomplish this same benefit. Further, if balancing influences were a desire, the alternative proposal would create more imbalance by giving a third representative for ECDs as that term is defined by Health and Safety Code § 771.001(3)(B), while the other two enumerated groups- RPCs and ECDs as that term is defined by Health and Safety Code § 771.001(3)(A)- remain with only two representatives each. There is no need to add an additional voting member to balance CSEC's Executive Director as proposed in the alternative.

STATEMENT OF AUTHORITY

The amended sections are authorized pursuant to Health and Safety Code §§771.051, which establishes CSEC as the state's authority on emergency communications and, among other directives, charges CSEC with administering the implementation of statewide 9-1-1 service; 771.0511, which authorizes CSEC to appoint the Emergency Communications Advisory Committee; 771.053, which limits liability for certain 9-1-1 service providers; and 771.0711(c), which directs CSEC to distribute to each emergency communication district that does not participate in the state system a portion of the money that bears the same proportion to the total amount collected that the population of the area served by the district bears to the population of the state; and Government Code §§ 656.048, which requires a state agency to 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; 661.002, which requires a state agency to adopt rules and prescribe procedures relating to the operation of the agency sick leave pool; and 2161.003, which require a state agency to adopt the comptroller's rules under § 2161.002 as the agency's own rules.

CROSS-REFERENCE TO STATUTE

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

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

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 January 29, 2026.

TRD-202600381

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Effective date: February 18, 2026

Proposal publication date: December 5, 2025

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

The Commission on State Emergency Communications (CSEC) adopts, in Title 1, Part 12, Chapter 252 of the Texas Administrative Code, the repeal of rule §252.4 concerning charges for open records requests. The repeal is adopted without changes to the proposed text as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7791). The rule will not be republished.

BACKGROUND INFORMATION AND JUSTIFICATION

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.

Statute directs the attorney general to adopt rules for use by each governmental body 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.

PUBLIC COMMENT

The 30-day comment period ended on January 5, 2026. During this period, CSEC received no comments on the proposed repeal.

STATEMENT OF AUTHORITY

The proposed repeal is authorized pursuant to Health and Safety Code §771.051, which establishes CSEC as the state’s authority on emergency communications and, among other directives, charges CSEC with administering the implementation of statewide 9-1-1 service; Government Code §552.262, which requires the attorney general to adopt rules for use by each governmental body, as well as requires each governmental body to use such rules, in determining charges for providing copies of public information under Government Code Chapter 552, subchapter F and in determining the charge, deposit, or bond required for making public information that exists in a paper record available for inspection as authorized by Government Code Sections 552.271(c) and (d); and Texas Administrative Code Title 1, Part 3, Chapter 70, which the attorney general adopted to provide rules for costs of copies of public information.

CROSS-REFERENCE TO STATUTE

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

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

Filed with the Office of the Secretary of State on January 29, 2026.

TRD-202600382

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Effective date: February 18, 2026

Proposal publication date: December 5, 2025

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

CHAPTER 253. PRACTICE AND PROCEDURE

The Commission on State Emergency Communications (CSEC) adopts, in Title 1, Part 12, Chapter 253 of the Texas Administrative Code, amendments to §253.1 concerning Petitions for Rulemaking before the Commission, §253.3 concerning Protest Procedures, §253.4 concerning Negotiated Rulemaking and Alternative Dispute Resolution, and §253.5 concerning Enhanced Contract and Performance Monitoring.

These amendments are adopted without changes to the proposed text as published in the December 5, 2025, issue of the Texas Register (50 TexReg 7792). The amended rules will not be republished.

BACKGROUND INFORMATION AND JUSTIFICATION

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.

PUBLIC COMMENT

The 30-day comment period ended on January 5, 2026. During this period, CSEC received no comments on the proposed amendments.

STATEMENT OF AUTHORITY

The amendments are adopted pursuant to Health and Safety Code §§771.040, which requires CSEC to develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of CSEC rules; and (2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code; 771.051, which establishes CSEC as the state's authority on emergency communications and, among other directives, charges CSEC with administering the implementation of statewide 9-1-1 service; and Texas Government Code §§2001.021, which requires a state agency by rule to prescribe the form for a petition for adoption of rules and the procedure for its submission, consideration, and disposition; 2009.051, which permits a state agency that adopts an alternative dispute resolution procedure to do so by rule; 2155.076, which requires each state agency by rule to develop and adopt protest procedures for resolving vendor protests relating to purchasing issues; and 2261.202, which requires a state agency to establish and adopt by rule a policy that clearly defines the contract monitoring roles and responsibilities, if any, of internal audit staff and other inspection, investigative, or audit staff.

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

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 January 29, 2026.

TRD-202600383

Kenny Moreland

General Counsel

Commission on State Emergency Communications

Effective date: February 18, 2026

Proposal publication date: December 5, 2025

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