SECTION 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 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 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.

Source Note: The provisions of this §252.6 adopted to be effective November 6, 1997, 22 TexReg 10637; amended to be effective October 12, 2003, 28 TexReg 8583; amended to be effective December 7, 2008, 33 TexReg 9972; amended to be effective August 23, 2012, 37 TexReg 6295; amended to be effective April 17, 2019, 44 TexReg 1835