SECTION 251.3. Use of Revenue in Certain Counties

(a) Purpose. The purpose of this rule is to implement §771.0751 Health and Safety Code, which authorizes a Regional Planning Commission (RPC) to use 9-1-1 fees and surcharges in certain counties, in addition to other authorized or required uses, for any costs deemed necessary by the Commission and attributable to designing a 9-1-1 system or the establishing and operating of a public safety answering point (PSAP) or other answering point and related operations. Use of revenue is limited to unexpended and unencumbered allocated grant funds from 9-1-1 service fees (wireline/VoIP, wireless, and prepaid wireless) and equalization surcharge remitted to the Comptroller of Public Accounts from the RPC's service region for the fiscal year use of revenue is requested. Allocated grant funds exceeding an RPC's 9-1-1 service fee and equalization surcharge revenues are not eligible for use of revenue. Allocated grant funds of RPC 9-1-1 service fee and equalization surcharge revenues are expended and encumbered first before any other source of funding of an RPC's grant, including from appropriations from General Revenue Dedicated fund balances.

(b) Eligibility. The eligibility for approval of funding under this rule is as follows:

(1) A county participating in its RPC's regional strategic plan with a population of at least 1,000,000 as reported by the Texas Demographic Center.

(2) A county participating in its RPC's regional strategic plan that has the highest population within the region as reported by the Texas Demographic Center.

(c) Requests. Requests for funding under this rule shall be submitted by the RPC as an amendment to its regional strategic plan at fiscal year close out when all encumbrances and payables have been expended in accordance with Commission rules and Commission Program Policy Statements. The request must demonstrate that all basic regional 9-1-1 needs have been met prior to funding under this rule. The request must include a letter signed by the RPC's Executive Director authorizing the request and include (1) a description of the design of the 9-1- 1 system; and/or (2) each PSAP or other answering point to receive funding and the respective amount to be received. For each PSAP or other answering point listed, a written request must be included from the PSAP or other answering point specifying how the funds will be used and that funds received will be expended as specified.

Source Note: The provisions of this §251.3 adopted to be effective February 29, 2004, 29 TexReg 1641; amended to be effective October 16, 2006, 31 TexReg 8507; amended to be effective December 7, 2008, 33 TexReg 9971; amended to be effective March 5, 2014, 39 TexReg 1357; amended to be effective October 16, 2018, 43 TexReg 6815; amended to be effective August 16, 2020, 45 TexReg 5507