reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 252 - ADMINISTRATION › Section 252.3 - State Employee Sick and Family Leave Pools

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 252 - ADMINISTRATION › Section 252.4 - Charges for Open Records Requests

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Government Code §
									RSA
				  552.262, the Commission adopts by reference
				  the rules of the Office of the Attorney General in 1 Texas Administrative Code
				  §§
									RSA 70.1-
				  RSA
				  70.12, relating to the Cost of Copies of
				  Public Information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 252 - ADMINISTRATION › Section 252.5 - Employee Training

Current through Reg. 49, No. 28; July 12, 2024
(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 §
									RSA
				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, §§
									RSA
				656.041 -
				RSA
				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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 252 - ADMINISTRATION › Section 252.6 - Wireless Service Fee Proportional Distribution

Current through Reg. 49, No. 28; July 12, 2024
(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 §
									RSA
				771.0711(c) and §
									RSA
				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
				§
									RSA
				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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 252 - ADMINISTRATION › Section 252.8 - Emergency Communications Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 252 - ADMINISTRATION › Section 252.9 - Liability Protection of NG9-1-1 Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				make clear that the protection from liability provided by Health and Safety
				Code §
									RSA
				771.053(a) extends to and
				includes service providers involved in developing and deploying 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 §
									RSA
				771.053(a).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 253 - PRACTICE AND PROCEDURE › Section 253.1 - Petitions for Rulemaking before the Commission

Current through Reg. 49, No. 28; July 12, 2024
(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) Upon receipt of a petition for rulemaking
				by the agency, the executive director of the commission or his or her designee
				shall submit a notice for publication in the miscellaneous documents section of
				the
Texas Register.
The notice shall include a summary of the
				petition, the name of the individual, organization or entity that submitted the
				petition, and notification that a copy of the petition will be available for
				review and copying at the commission's offices. Comments on the petition shall
				be due three weeks from the date of publication of the notice. Failure to
				publish a notice of a petition for rulemaking in the
Texas
				Register
shall not invalidate any commission action on the petition
				for rulemaking.
(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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 253 - PRACTICE AND PROCEDURE › Section 253.2 - Competitive Sealed Bids or Proposals

Current through Reg. 49, No. 28; July 12, 2024
The Commission adopts by reference the rules of the Texas
				  Comptroller of Public Accounts relating to competitive sealed bids or proposals
				  (34 Tex. Admin. Code §20.207 and §20.208) .
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 253 - PRACTICE AND PROCEDURE › Section 253.3 - Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(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
				General Counsel
(4) General
				Counsel--Commission General Counsel.
(5) Using Agency--The Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 253 - PRACTICE AND PROCEDURE › Section 253.4 - Negotiated Rulemaking and Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(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 §
										RSA
				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 §
										RSA
				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 §
										RSA
				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 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 §
										RSA
				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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 253 - PRACTICE AND PROCEDURE › Section 253.5 - Enhanced Contract and Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 254 - REGIONAL POISON CONTROL CENTERS › Section 254.1 - Designation and Funding of Regional Poison Control Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Health and Safety Code, Chapter
				777, provides the Commission on State Emergency Communications (Commission)
				with the authority to establish a program to award grants to fund a network of
				regional poison control centers (RPCCs). Funding of the grants comes from
				revenues generated by the equalization surcharge imposed under Health and
				Safety Code, §
									RSA
				771.072 and appropriated to the
				Commission.
(b) The Commission
				shall designate the service area region for each RPCC. The regions are as
				follows:
(1) The University of Texas Medical
				Branch at Galveston--Texas Health and Human Services (HHS) Regions 5 and
				6;
(2) The Dallas County Hospital
				District/North Texas Poison Center--HHS Regions 3 and 4;
(3) The University of Texas Health Science
				Center at San Antonio--HHS Regions 8 and 11;
(4) The University Medical Center of El Paso,
				El Paso County Hospital District--HHS Regions 9 and 10;
(5) The Texas Tech University Health Sciences
				Center at Amarillo--HHS Regions 1 and 2; and
(6) Scott & White Memorial Hospital--HHS
				Region 7.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 254 - REGIONAL POISON CONTROL CENTERS › Section 254.2 - Poison Control Coordinating Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				Establish the Poison Control Coordinating Committee (Committee) created by
				Health and Safety Code §
									777.008. The
				Committee shall coordinate the activities of the regional poison control
				centers (RPCCs) and advise the Commission on State Emergency Communications
				(Commission) on:
(1) promoting public safety
				and injury prevention through well-coordinated poison control activities within
				the state of Texas;
(2) providing
				information and educational programs for communities and health care
				professionals;
(3) providing poison
				prevention education to the public, and informing and educating health
				professionals on the management of poison and overdose victims;
(4) providing technical assistance to state
				agencies requesting toxicology assistance; and
(5) providing consultation services
				concerning medical toxicology.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 254 - REGIONAL POISON CONTROL CENTERS › Section 254.4 - Texas Poison Control Network Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule is intended to
				optimize the operations of the regional poison control centers (RPCCs)
				comprising the Texas Poison Control Network (TPCN). This rule authorizes RPCCs
				to provide services for regions served by other RPCCs in the state in order to
				maximize efficient use of resources and provide appropriate services in each
				region.
(b) TPCN Scheduling. To
				improve the efficiency of the TPCN, network-wide scheduling shall be
				implemented by the Commission. To establish network-wide scheduling, the
				Commission in collaboration with the TPCN will:
(1) analyze telecommunications data to
				identify call volume trends to determine the necessary call-taking capacity for
				the TPCN during specific times of any 24-hour period;
(2) determine appropriate staffing levels of
				Specialists in Poison Information (SPI) for the TPCN, and ensure that SPI
				staffing levels are aligned with demand for the TPCN during any 24-hour period;
				and
(3) adopt a Commission Program
				Policy Statement to:
(A) establish and
				coordinate SPI staffing schedules for the TPCN; and
(B) establish standard operating procedures
				for RPCCs related to network-wide scheduling and handling of calls for poison
				control service.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 255 - FINANCE › Section 255.1 - Regional Planning Commission 9-1-1 Emergency Service Fee and State Equalization Surcharge

Current through Reg. 49, No. 28; July 12, 2024
(a) 9-1-1 Emergency
				Service Fee. The Commission shall set by order the 9-1-1 emergency service fee
				imposed on local exchange access lines and equivalent local exchange access
				line as defined in Commission Rule §255.4. The 9-1-1 emergency service fee
				is imposed only on local exchange access lines or equivalent local exchange
				access lines in areas in which 9-1-1 service is provided by a regional planning
				commission (RPC) pursuant to an approved regional plan or by an emergency
				communication district participating in its RPC's approved regional
				plan.
(b) The amount of the 9-1-1
				emergency service fee may not exceed $0.50 a month for each local exchange
				access line or equivalent local exchange access line. The Commission may set
				the fee in a different amount in each RPC region based on the cost of providing
				9-1-1 service to each region.
(c)
				State Equalization Surcharge. The Commission shall set by order the
				equalization surcharge imposed on local exchange access lines or equivalent
				local exchange access lines as defined in Commission Rule §255.4 and
				wireless telecommunications connections as defined in Health and Safety Code
				§
									RSA
				771.001. The equalization surcharge is
				imposed on all local exchange access lines or equivalent local exchange access
				lines, including those in an area served by an emergency communication
				district, even if it is not participating in its RPC's approved regional plan.
				The equalization surcharge is not imposed on wireless telecommunications
				connections that constitute prepaid wireless telecommunications service subject
				to Health and Safety Code §
									RSA
				771.0712.
(d) The equalization surcharge may not exceed
				$0.10 a month for each local exchange access line or equivalent local exchange
				access line and each wireless telecommunications connection that does not
				constitute prepaid wireless telecommunications service. The equalization
				surcharge shall be set at a rate that ensures the aggregate of the anticipated
				surcharges collected for the following 12 months does not exceed the aggregate
				of the surcharges collected in the preceding 12 months.
(e) Annual Review. The Commission shall
				review the 9-1-1 emergency service fee set in subsection (a) of this section
				and the equalization surcharge set in subsection (c) of this section at least
				once per year.
(f) Effective Date.
				A change by the Commission in the 9-1-1 emergency service fee or equalization
				surcharge shall not become effective before the 90th day after the date notice
				of a change is provided by the Commission to service providers.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 255 - FINANCE › Section 255.2 - 9-1-1 Service Fee and Surcharge Collection and Remittance

Current through Reg. 49, No. 28; July 12, 2024
(a) Service providers shall collect and remit
				the 9-1-1 service fees authorized by Health and Safety Code §§
									RSA
				771.071,
				RSA
				771.0711, and
				RSA
				771.0712 (collectively, 9-1-1 fees) and the
				equalization surcharge authorized by Health and Safety Code §
									RSA
				771.072 (the surcharge) from their customers
				in accordance with Health and Safety Code Chapter 771. Customers includes
				subscribers, end-users, and any other person or entity not expressly exempted
				from the 9-1-1 fees or surcharge by Health and Safety Code §
									RSA
				771.074.
(b) A service provider shall collect the
				9-1-1 fees and surcharge in the same manner it collects those charges for
				service, except that the service provider is not required to take legal action
				to enforce the collection of the fees or surcharges. Service providers have no
				authority to cease collecting and remitting 9-1-1 fees and surcharges for any
				non-exempt customer unless and until formally authorized to do so by the
				Commission.
(c) A service provider
				that fails to separately state the 9-1-1 fees or surcharge on a customer's bill
				or combined in an appropriately labeled single line item on the customer's bill
				is not exempt from the requirements of this section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 255 - FINANCE › Section 255.3 - Emergency Communication District Equalization Surcharge Funding Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				will consider requests for equalization surcharge (the surcharge) funding
				assistance from an Emergency Communication District (ECD) as authorized by
				Health and Safety Code §
									771.072.
				Administratively complete ECD funding requests will be considered for approval
				at an open meeting.
(b) An
				administratively complete funding request must address:
(1) the reasons for the request, including
				but not limited to demonstrated need for surcharge funding (i.e., financial
				viability); annual 9-1-1 service fee revenues; current wireline/VoIP fee
				including the last change to that fee; why existing ECD financial resources
				(including any federal funds awarded for Next Generation 9-1-1) are
				insufficient; estimated date of exhaustion of 9-1-1 service fee revenues; to
				what extent the ECD uses 9-1-1 service fee revenues to pay
				telecommunicators/dispatchers;
(2)
				the amount of the surcharge request;
(3) specific description of how the ECD will
				use surcharge funding (including whether such use is for one-time or recurring
				costs);
(4) for an emergency
				request, details about the nature and cause(s) of the emergency including ECD
				efforts to avoid or mitigate the effects of the emergency and how the requested
				surcharge addresses the emergency; and
(5) for a municipal ECD (including the Dallas
				County Sheriff's Office), compliance with Local Government Code Ch. 365,
				Enforcement of Public Camping Bans, and Comptroller of Public Accounts Rule
				20.600 (34 Tex. Admin. Code Ch. 20, Subch. I, §20.600).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 12 - COMMISSION ON STATE EMERGENCY COMMUNICATIONS › Chapter 255 - FINANCE › Section 255.4 - Definition of a Local Exchange Access Line or an Equivalent Local Exchange Access Line

Current through Reg. 49, No. 28; July 12, 2024
(a) The terms
				"local exchange access line" or "equivalent local exchange access line" mean
				the physical voice grade telecommunications connection or the cable or
				broadband transport facilities, or any combination of these facilities, owned,
				controlled, or relied upon by a service provider, between an end user
				customer's premises and a service provider's network that, when the digits
				9-1-1 are dialed, provides the end user customer access to a public safety
				answering point through a permissible interconnection to the dedicated 9-1-1
				network. In the case of multi-channel services or offerings, channelized by a
				service provider, each individual channel provided to an end user customer
				shall constitute a separate "local exchange access line" or "equivalent local
				exchange access line" (e.g., ISDN-PRI service consists of 24 individual
				channels.) The terms "local exchange access line" or "equivalent local exchange
				access line" include lines as defined above that a service provider offers at a
				fully or partially discounted rate from the provider's base rate to a class of
				end users (e.g., the service provider's employees/retirees). Such discounting
				is not a basis for eliminating or reducing the 9-1-1 emergency service fee on
				such lines, except in the instance of an Emergency Communication District
				imposing its 9-1-1 emergency service fee based on a percentage in lieu of a
				flat rate.
(b) The terms "local
				exchange access line" or "equivalent local exchange access line" do not include
				coin-operated public telephone equipment, public telephone equipment operated
				by card reader, commercial mobile radio service that provides access to a
				paging or other one-way signaling service, a communication channel suitable
				only for data transmission, a line from a telecommunications service provider
				to an Internet service provider for the Internet service provider's data modem
				lines used only to provide its Internet access service and that are not capable
				of transmitting voice messages, a wireless roaming service or other nonvocal
				commercial mobile radio service, a private telecommunications system, or a
				wireless telecommunications connection subject to Texas Health and Safety Code
				§
									RSA
				771.0711.
(c) A service provider using one or more
				facilities with multiple calling capabilities to serve a single end user
				customer location that cannot determine the actual number of local exchange
				access lines or equivalent local exchange access lines being served by such
				facilities (e.g., Enterprise Voice over Internet Protocol applications), shall
				assess the 9-1-1 emergency service fee as follows:
Attached
				  Graphic
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.1 - Health and Human Services Commission Review of Component Agency Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule implements the Health
				  and Human Services Commission (HHSC) review of its component agencies'
				  rulemaking. State law empowers HHSC to review all proposed rules of its
				  component agencies for compliance with its coordinated strategic plan, existing
				  statutory authority, rules of other health and human services agencies, and
				  budgetary implications. HHSC may notify its component agencies that it requires
				  withdrawal or amendment of their proposed rules. Texas Civil Statutes, Article
				  4413(502), §15, describes the procedures for all rules except Medicaid
				  rules. The State Medicaid Office, a function of HHSC, approves and issues
				  Medicaid rules.
(b) Notice by
				  publication. Publication of a proposed rule in the Texas Register is notice to
				  the commission that a component agency proposes to adopt a rule.
(c) Notice of emergency rules. The power of
				  the component agencies to enact emergency rules is not impaired by the
				  commission's review of component agency rules. The commission's review of
				  emergency rules will take place after those emergency rules are published as
				  proposed rules.
(d) Notice of
				  requirement for withdrawal or amendment. Before a component agency adopts a
				  rule, if the commission requires the withdrawal or amendment of the rule, the
				  commission will notify the component agency in writing of its reasons for the
				  request. The commission signifies its approval of a proposed rule by not
				  notifying the component agency in writing that the commission requires the
				  withdrawal or amendment of the rule before the component agency adopts a
				  rule.
(e) Procedures. HHSC will
				  inform the component agencies from time to time of its procedures by which
				  component agencies shall keep HHSC informed as they develop rules.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.2 - Petition for the Adoption of a Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to provide procedures for any interested person to request that the Texas
				  Health and Human Services Commission (HHSC) adopt a rule.
(b) Form of the petition.
(1) The petition must be in
				  writing.
(2) The petition must
				  contain the following:
(A) the petitioner's
				  name, address, and organization or affiliation, if any;
(B) a plain and brief description about why a
				  rule or change to an existing rule is needed, required or desirable, including
				  the public good to be served and any effect on those who would be required to
				  comply with the rule;
(C) to the
				  extent feasible to the petitioner, an estimated fiscal impact of the rule on
				  state and local government, separately stated, for each of the first five years
				  of its implementation; and, to the extent feasible to the petitioner, an
				  estimated economic impact on persons required to comply with the rule for each
				  of the first five years the rules are in effect;
(D) a statement of HHSC's authority to adopt
				  the proposed rule;
(E) if the
				  petition proposes to amend an existing rule, the text of the existing rule,
				  with proposed changes clearly indicated within the existing text; and
(F) if the petition is for a new rule, the
				  proposed text of the new rule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.3 - Recognition of Out-of-State License of Military Service Members and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this section, the definitions found in Texas Occupations Code
				  §
										55.001 are hereby
				  adopted by reference. This section establishes requirements and procedures
				  authorized or required by Texas Occupations Code, Chapter 55, and does not
				  modify or alter rights that may be provided under federal law.
(b) This section applies to all licenses to
				  engage in a business or occupation which the Texas Health and Human Services
				  Commission (HHSC) issues to an individual under authority granted by the laws
				  of the State of Texas. A more specific rule concerning recognition of
				  out-of-state licenses of military service members and military spouses may also
				  apply but only to the extent the more specific rule does not conflict with this
				  rule. Any conflicts between this rule and the more specific rule are resolved
				  in favor of this rule.
(c) A
				  military service member or military spouse may engage in a business or
				  occupation as if licensed in the State of Texas without obtaining the
				  applicable license in Texas if the military service member or military spouse:
(1) is currently licensed in good standing
				  with another jurisdiction that has licensing requirements substantially
				  equivalent to the requirements of a license in this state;
(2) notifies HHSC in writing of the military
				  service member's or military spouse's intent to practice in this
				  state;
(3) submits to HHSC proof of
				  the military service member's or military spouse's residency in this state and
				  a copy of the military service member's or military spouse's military
				  identification card; and
(4)
				  receives a verification letter from HHSC that:
(A) HHSC has verified the military service
				  member's or military spouse's license in another jurisdiction; and
(B) the military service member or military
				  spouse is authorized to engage in the business or occupation in accordance with
				  Texas Occupations Code §
												55.0041 and rules
				  for that business or occupation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.4 - Health and Human Services Commission Executive Council

Current through Reg. 49, No. 28; July 12, 2024
(a) Statutory authority. Texas Government
				  Code §
										RSA
				  531.0051 establishes the Health and Human
				  Services Commission Executive Council and requires the Executive Commissioner
				  to adopt rules for its operation.
(b) Applicability of Texas Government Code
				  Chapter 2110. The Health and Human Services Commission Executive Council is not
				  subject to Texas Government Code Chapter 2110.
(c) Applicability of Texas Government Code
				  Chapter 551. The Health and Human Services Commission Executive Council is not
				  subject to Texas Government Code Chapter 551.
(d) Definitions. For the purpose of this
				  section, the following terms are defined as follows:
(1) Executive Commissioner--The executive
				  commissioner of the Health and Human Services Commission.
(2) Executive Council--The Health and Human
				  Services Commission Executive Council.
(3) Health and Human Services system--All
				  state agencies and departments under and including the Health and Human
				  Services Commission.
(4) HHSC--The
				  Health and Human Services Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.5 - Charges for Public Records

Current through Reg. 49, No. 28; July 12, 2024
The HHSC adopts by reference General Services Commission
					 rules for charges for public records, 1 TAC §§ 111.61-111.69, adopted
					 to be effective April 22, 1994. The rules were published in the April 8, 1994,
					 issue of the Texas Register (19 TexReg 2482).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.6 - Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this section, the definitions found in Texas Occupations Code
				  §
										55.001 are hereby
				  adopted by reference. This section establishes requirements and procedures
				  authorized or required by Texas Occupations Code, Chapter 55, and does not
				  modify or alter rights that may be provided under federal law.
(b) This section applies to all licenses to
				  engage in a business or occupation which the Texas Health and Human Services
				  Commission (HHSC) issues to an individual under authority granted by the laws
				  of the State of Texas. A more specific rule concerning alternative licensing
				  for military service members, military spouses, and military veterans may also
				  apply but only to the extent the more specific rule does not conflict with this
				  rule. Any conflicts between this rule and the more specific rule are resolved
				  in favor of this rule.
(c)
				  Notwithstanding any other rule, HHSC may issue a license to an applicant who is
				  a military service member, military spouse, or military veteran if the military
				  service member, military spouse, or military veteran:
(1) is currently licensed in good standing
				  with another jurisdiction that has licensing requirements substantially
				  equivalent to the requirements of a license in this state; or
(2) held the same license in Texas within the
				  preceding five years.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.7 - Agency Submission of Strategic Plans and Legislative Appropriations Requests to Health and Human Services Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule implements the Health
				  and Human Services Commission (HHSC) authority to require the health and human
				  services agencies listed in Texas Civil Statutes, Article 4413(502), §19,
				  to submit agency strategic plans and budgets to the HHSC for use in the Health
				  and Human Services Coordinated Strategic Plan and Consolidated
				  Budget.
(b) Requirement to Submit.
				  HHSC requires the component agencies to submit agency strategic plans and
				  Legislative Appropriations Requests (LARs) to the commission on the same date
				  the agency strategic plans and LARs are due to the governor and the Legislative
				  Budget Board. From time to time, as the governor's and Legislative Budget
				  Board's due dates are announced, HHSC will announce the dates on which it
				  requires the component agencies to submit draft strategic plans and LARs and
				  explanatory material to it.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.11 - Reports on Efforts to Streamline and Simplify Delivery of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  state health and human services agencies as defined in §
										RSA
				  531.001(4), Government
				  Code.
(b) Quarterly Reports.
(1) The executive head of each health and
				  human services agency shall report quarterly to the governing body of the
				  agency on the agency's efforts to streamline and simplify the delivery of
				  services.
(2) The reports shall be
				  presented at the governing body's regular meetings in March, June, September,
				  and December for efforts during the previous three months. If the governing
				  body of the agency does not hold a meeting in the designated month, then the
				  report shall be presented at the next meeting after the designated
				  month.
(3) Each agency shall submit
				  a copy of the report to the Health and Human Services Commission within 15 days
				  from the date the report was submitted to the agency's governing
				  body.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.13 - Substitute Care Provider Outcome Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions of Domains. The following
				  words or terms, when used in this section, shall have the following meanings
				  unless the context clearly indicates otherwise.
(1) Medical domain: The medical domain is
				  related to a child's physical health. It includes, but is not limited to,
				  medication management, medication monitoring, and management of acute and
				  chronic medical conditions.
(2)
				  Safety and security domain: The safety and security domain is characterized by
				  the absence of harm to self and others and safety to self, others, and
				  community. This domain includes, but is not limited to, self-harm, aggression,
				  and destructive acts.
(3)
				  Recreational domain: The recreational domain involves the child's ability to
				  choose and participate in age-appropriate play and activities. This domain
				  includes, but is not limited to, hobbies and sports.
(4) Educational domain: The educational
				  domain is related to a child's performance, progress, and conduct in the most
				  appropriate and least restrictive academic or vocational setting.
(5) Mental/behavioral health domain: The
				  mental/behavioral health domain refers to the behavioral and emotional
				  functioning of the child, as well as any psychiatric symptomatology that may be
				  present.
(6) Relationship domain:
				  The relationship domain is characterized by, but is not limited to, a child's
				  ability to trust, to form positive relationships, to function well as part of
				  family unit, as well as by the development and maintenance of age-appropriate
				  social relationships.
(7)
				  Socialization domain: The socialization domain is characterized by, but is not
				  limited to, age-appropriate social behavior, problem-solving, and social skills
				  in various social settings.
(8)
				  Permanence domain: The permanence domain is characterized by a child moving out
				  of a substitute care system and remaining in the least restrictive environment
				  in the community.
(9) Parent and
				  child participation domain: The parent and child participation domain involves,
				  but is not limited to, both the parent's and child's general satisfaction with
				  services, their relationship with service providers, their participation in the
				  treatment or service plan, and improvement in the relationship between the
				  child and the parents.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.17 - Right to Correct Incorrect Personal Information

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual may ask the Health and
				  Human Services Commission (HHSC) to correct information HHSC collects about
				  that individual (personal information).
(b) HHSC will review the request and decide,
				  in accordance with this chapter, if the information should be
				  corrected.
(c) This chapter does
				  not apply when there are other requirements that an individual give HHSC
				  updated and corrected information or when HHSC has another applicable change
				  process. Also, individuals are encouraged to use other informal processes such
				  as telephone calls, in-person discussion, and email to correct
				  information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 351 - COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES › Subchapter A - GENERAL PROVISIONS › Section 351.19 - Requesting a Correction of Personal Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A request to correct information
				  collected about an individual must be in writing and must:
(1) identify the individual requesting the
				  correction,
(2) identify the
				  information to be corrected,
(3)
				  state why the information is incorrect,
(4) include any evidence that shows the
				  information is incorrect,
(5) state
				  what correction is requested; and
(6) include a return address, telephone
				  number or email address at which the individual can be contacted.