1. (a) Purpose. The purpose of this rule is to establish an Advisory Council (Council) to advise and make policy recommendations to the Commission on State Emergency Communications (Commission) regarding the establishment and management of a State-level Emergency Services Internet Protocol network (ESInet). The State-level ESInet is a private Internet Protocol (IP) network or IP Virtual Private Network (VPN) that is used for communications between public safety answering points (PSAPs) and among other entities that support or are supported by PSAPs in providing emergency call handling and response. The State-level ESInet is interoperable with and interconnects to regional and other state ESInets to form a Texas Next Generation Emergency Communications System that will be used for 9-1-1 and other emergency services programs.

2. (b) Tasks.

   1. (1) Advise the Commission on matters regarding the establishment and management of the State-level ESInet; and
   2. (2) Provide for 9-1-1 Entity collaboration on the management of the State-level ESInet, collective decision-making, and assurance that the requirements of the 9-1-1 Entities are met.

3. (c) Composition of Council. Council members should have the requisite training, experience and knowledge in 9-1-1 systems and network management to provide meaningful input into the implementation and operation of a complex network.

   1. (1) The Council is composed of the following seven (7) members:

      1. (A) the Executive Director of the Commission or designee as an ex-officio, non-voting member. (The Executive Director or designee may coordinate with and seek input from a county or other entity not otherwise a member of the Council);
      2. (B) two members from the Texas Association of Regional Councils (TARC);
      3. (C) two members from the Texas 9-1-1 Alliance (Alliance); and
      4. (D) two members from the Municipal Emergency Communications Districts Association (MECDA).
   2. (2) No two Council members may be from the same 9-1-1 Entity.
   3. (3) The Commission may amend the composition of the Council to reflect and include emergency services other than 9-1-1 service.

4. (d) Bylaws. Draft bylaws for approval by the Commission. The bylaws shall, at a minimum, provide for the following:

   1. (1) selection from among the members a presiding officer and an assistant presiding officer whose terms may not exceed two years; and
   2. (2) establish standing committees.

5. (e) Terms of Office for Voting Members. Each member shall be appointed for a term of 2 years.

   1. (1) Member terms begin on September 1st of the year of appointment.
   2. (2) Members shall continue to serve after the expiration of their term until a replacement member is appointed.
   3. (3) If a vacancy occurs, a person shall be appointed to serve the unexpired portion of the vacating member's term.

   4. (4) Members serve staggered terms, with the terms of one-half of the members expiring August 31 of each odd-numbered year. To implement staggered terms, the initial terms are as follows:

      1. (A) one member each from TARC, the Alliance, and MECDA expire in 2011; and
      2. (B) one member each from TARC, the Alliance, and MECDA expire in 2013.

6. (f) Council Meeting Attendance. Members shall attend scheduled Council meetings.

   1. (1) A member shall notify the presiding officer or Commission staff if the member is unable to attend a scheduled meeting.
   2. (2) It is grounds for removal, including by the Commission, if 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 Council meetings during a fiscal year, or is absent from at least three consecutive Council meetings. The validity of an action of the Council is not affected by the fact that it is taken when a ground for removal of a member exists.

7. (g) Council Roles and Responsibilities. The Council's roles and responsibilities are based on the functions of the State-level ESInet. The Council shall, at a minimum, be responsible for the following:

   1. (1) Objectives.

      1. (A) Provide guidance and assistance for the monitoring and management of the Texas Next Generation Emergency Communications System.

      2. (B) Advise the Commission in developing and managing the following:

         1. (i) managed service contracts with vendors;
         2. (ii) professional service contracts with subcontractors;
         3. (iii) Local Service Provider, networks, and application provider interfaces and specifications for State-level ESInet access; and
         4. (iv) interlocal agreements between Regional ESInets and the State-level ESInet to bind both to operating standards and requirements consistent with the delivery of service and protection and management of respective networks, services and applications.

   2. (2) Plans. The Council shall advise and make recommendations to the Commission in a plan(s) that, at a minimum, includes the following:

      1. (A) Strategic Planning for the State-level ESInet. Strategic Planning is the Council's recommendation as to how the State-level ESInet is to be established, administered, operated and managed. Strategic planning also includes:

         1. (i) strategic direction for the development, operation and management of the State-level ESInet for the five state fiscal years following the submission of the plan;
         2. (ii) goals and objectives relating to the State-level ESInet;
         3. (iii) priorities for the State-level ESInet;
         4. (iv) identification of major issues relating to the development, operation and management, and improvement of the State-level ESInet;
         5. (v) recommendations for long-range policy guidelines for the State-level ESInet; and

         6. (vi) assessment of the progress made toward meeting the goals and objectives in prior Strategic Plans, including a survey of:

            1. (I) the current degree of establishment and operation of ESInets throughout the state, including the State-level ESInet, Regional ESInets, and interconnection of Regional ESInets to the State-level ESInet;
            2. (II) Texas 9-1-1 Entities' participation in and/or implementation of Regional ESInets; and
            3. (III) Public Education.

      2. (B) Network Operation Planning for the State-level ESInet. Network operational planning is the Council's recommendation as to the establishment of administrative, technical, and operational requirements to assure the security and performance of the State-level ESInet and interconnection to the State-level ESInet. Network operational planning also includes:

         1. (i) projected costs of network operations for the two state fiscal years following submission; and

         2. (ii) tactical direction for the operations, management and performance of the State-level ESInet and for interconnection to the state-level ESInet for the five state fiscal years following submission, including:

            1. (I) security operations planning for the State-level ESInet;
            2. (II) initiate and maintain a process for managing the configuration and changes to the State-level ESInet;
            3. (III) incident management;
            4. (IV) quality control;
            5. (V) contingency planning from all interconnecting regions and vendors; and
            6. (VI) initiate and maintain exit strategy process for disconnection of a regional ESInet from the State-level ESInet.

      3. (C) Cost Allocation Planning for the State-level ESInet. Cost allocation planning is the Council's recommendation as to the identification of cost components of the State-level ESInet and how such costs are to be allocated to 9-1-1 Entities and/or Regional ESInets that are connected to the State-level ESInet. Cost allocation planning includes:

         1. (i) projected costs of network operations for the two state fiscal years following the submission of the plan;
         2. (ii) strategic direction for the on-going identification and allocation of State-level ESInet costs for the five state fiscal years following submission of the plan;
         3. (iii) identification of components and costs for the State-level ESInet and interconnection of Regional ESInets;
         4. (iv) identification of components and costs to be shared by the 9-1-1 Entities and/or Regional ESInets;

         5. (v) survey of 9-1-1 Entities and/or Regional ESInets to assess and determine:

            1. (I) the availability of funding for the two state fiscal years following submission; and
            2. (II) the projected availability of funding for the five state fiscal years following submission;
         6. (vi) methodology for allocating shared State-level ESInet costs to the 9-1-1 Entities and/or Regional ESInets; and
         7. (vii) contingencies for lack of funding, or partial funding, for the components and costs the Council has identified that are to be shared by the 9-1-1 Entities and/or Regional ESInets.
      4. (D) Future Planning for the Texas Next Generation Emergency Communications System.

8. (h) Reporting to the Commission.

   1. (1) By June 1 of each year submit the plan(s) required in subsection (g) of this section.

   2. (2) By January 1 of each year, or according to the schedule established by the Commission, submit a report that includes the following:

      1. (A) an update on the Council's work, including:

         1. (i) Council and committee meeting dates;
         2. (ii) member attendance records;
         3. (iii) description of actions taken by the Council;
         4. (iv) description of how the Council has accomplished or addressed the tasks and objectives of this section and any other issues assigned to the Council by the Commission; and
         5. (v) anticipated future activities of the Council;
      2. (B) new developments for the State-level ESInet and among ESInet interconnectors and interfaces;

      3. (C) evaluation and recommendations regarding the operation of the Texas NG9-1-1 System, including:

         1. (i) current practices and issues; and
         2. (ii) statistical information, including a detail of the interlocal agreements established between the Commission and regional ESInets and other emergency services networks seeking to interface with the State-level ESInet.
      4. (D) description of the usefulness of the Council's work; and
      5. (E) statement of costs related to the Council, including the cost of Commission staff time spent in support of the Council.

9. (i) Statement by a Member.

   1. (1) The Commission and the Council 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. (2) The Council and its members may not participate in legislative activity in the name of the Commission or the Council except with approval through the Commission's legislative process.
10. (j) Advisory Committee. The Council 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 (Texas Government Code, Chapter 551).

11. (k) Reimbursement for Expenses.

    1. (1) In accordance with the requirements in Government Code, Chapter 2110, a Council member may receive reimbursement for the member's expenses incurred for each day the member engages in official Council business if authorized by the General Appropriations Act or budget execution process.
    2. (2) No compensatory per diem shall be paid to Council members unless required by law.
    3. (3) A Council member who is an employee of a state agency, other than the Commission, may not receive reimbursement for expenses from the Commission.
    4. (4) A nonmember of the Council who is appointed to serve on a committee may not receive reimbursement for expenses from the Commission.
    5. (5) Each Council 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 Council business.
    6. (6) Requests for reimbursement of expenses shall be made on official state travel vouchers.

12. (l) Commission Staff Input and Support. Commission staff shall:

    1. (1) provide administrative support and input to the Council;
    2. (2) with input and recommendations from the Council, oversee all administrative activities and Commission policies relating to the implementation, operation, and day-to-day management of the State-level ESInet;
    3. (3) provide administrative support and input to the Council; and
    4. (4) provide the Commission with the Council's plan(s) and report and a staff report on the Council's advice or policy recommendations.
13. (m) Applicable law. The Council is subject to Government Code, Chapter 2110, concerning state agency advisory committees.
14. (n) Commission Evaluation. The Commission shall annually evaluate the Council's work, usefulness, and the costs related to the Council, including the cost of Commission staff time spent supporting the Council's activities.
15. (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.
16. (p) Review and Duration. By September 1, 2015, the Commission will initiate and complete a review of the Council to determine whether the Council should be continued or abolished. If the Council is not continued, it shall be automatically abolished on that date.

17. (q) Definitions of Terms. Unless the context clearly indicates otherwise, the following terms are defined as provided in this section.

    1. (1) Local IP-enabled network. Local internet protocol enabled networks that when interconnected form regional ESInets.
    2. (2) Regional ESInet. A system of interconnected local IP enabled networks with core functions for emergency services, including but not limited to 9-1-1 service.
    3. (3) State-level ESInet. A private IP network or IP Virtual Private Network (VPN) that is used for communications between PSAPs and among other entities that support or are supported by PSAPs in providing emergency call handling and response. The State-level ESInet is interoperable with and interconnects to regional and other state ESInets to form a Texas Next Generation Emergency Communications System that will be used for 9-1-1 and other emergency services programs. 9-1-1 service is one application that may run on the State-level ESInet, but there may be separate applications to support the requirements of other users.
    4. (4) Texas Next Generation Emergency Communications System. A system of interconnecting regional and State-level ESInets and other emergency services networks such as poison control and radio dispatch.
    5. (5) Texas NG9-1-1 System. An interconnected and interoperable system of local, regional, and national emergency services networks with advanced capabilities for 9-1-1 call delivery.

Source Note:The provisions of this §252.8 adopted to be effective May 4, 2010, 35 TexReg 3463.