SECTION 252.8. Emergency Communications Advisory Committee

(a) Purpose. The purpose of this rule is to establish an Emergency Communications Advisory Committee (Committee) 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 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 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 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. 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 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, will submit by September 1 of each year, or according to the schedule established by the commission, written reports advising the Commission. 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) Reimbursement for Expenses.

(1) In accordance with the requirements in Government Code, Chapter 2110, a Committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official Committee business if authorized by the General Appropriations Act or budget execution process.

(2) No compensatory per diem shall be paid to Committee members unless required by law.

(3) A Committee member who is an employee of a state agency, other than the Commission, may not receive reimbursement for expenses from the Commission.

(4) A nonmember of the Committee who is appointed to serve on a committee may not receive reimbursement for expenses from the Commission.

(5) Each Committee member whose expenses are reimbursed under this section shall submit to Commission staff the member's receipts for expenses and any required official forms no later than 14 days after conclusion of the member's engagement in official Committee business.

(6) Requests for reimbursement of expenses shall be made on official state travel vouchers.

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

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

(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.

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

(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.

Source Note: The provisions of this §252.8 adopted to be effective May 4, 2010, 35 TexReg 3463; amended to be effective November 2, 2010, 35 TexReg 9677; amended to be effective December 6, 2011, 36 TexReg 8225; amended to be effective November 4, 2015, 40 TexReg 7619; amended to be effective June 11, 2019, 44 TexReg 2837; amended to be effective August 16, 2023, 48 TexReg 4389