2003-165-RES APPROVING/AUTHORIZATION OF PURCHASE OF 911 SERVICE AND PSAP EQUIPMENT BETWEEN COP AND ARK-TEX COUNCIL OF GOVERNMENTS

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CSEC FY 2004/2005 Contract for 9-1-1 Services page 5 telecommunications service providers. The Comptroller shall deposit money from the fees to the credit of the 9-1-1 services fee fund in the State Treasury. 6.2 The Commission shall distribute money appropriated to the Commission from the 9-1-1 services fee fund to the RPC for use in providing 9-1-1 services as provided by this Contract, in accordance with Texas Health & Safety Code, Sections 771.071 (f) and 771.078, and any applicable requirements contained in appropriation riders. Funds will be distributed to the RPC quarterly, according to current Commission payment methodology, unless the RPC is in substantial noncompliance with Commission rules and procedures. The RPC shall distribute the money to public agencies within its jurisdiction for use in providing those services. All fees and surcharges collected under the authority of Texas Health & Safety Code, Chapter 771, may be used only for planning, development, provision, and enhancement of the effectiveness of 9-1-1 service as approved by the Commission, and as provided by Texas Health & Safety Code, Section 771.075. 6.3 Before the Commission makes a contract payment to the RPC from the 9-1-1 Services Fee Account for 9-1-1 service contract, the Commission shall ensure that the RPC has spent all balances and interest earned from emergency service fees for land line and wireless telecommunication services billed prior to August 31, 1999, and held outside the State Treasury, as well as, any unexpended balances in funds reserved to replace 9-1-1 capital equipment remaining after acquisition of equipment scheduled for replacement during the 2004-05 biennium. 6.4 The CSEC shall ensure that no more than $15,000,000 appropriated to the Commission for the FY 2004-05 biennium shall be allocated to the RPCs for administration of the statewide 9-1-1 program, according to current Commission policy. 6.5 None of the funds appropriated to the Commission to fund statewide 9-1-1 emergency communications and allocated to the RPC, may be used to replace or fund a reserve for future replacement of 9-1-1 capital equipment. 6.5.1 The RPC shall assist the Commission in creating a ten (10) year comprehensive statewide capital replacement plan for submittal to the Legislative Budget Board no later than November 1, 2003. 6.6 The RPC shall submit a Historically Underutilized Business (HUB) plan, pursuant to Chapter 2161 of the government code. 6.7 As provided by Texas Health & Safety Code 771.078(d), not more than ten percent (10%) of the money received by the RPC under Section 771.078(b) may be used for indirect costs by the RPC. The Governor's office will review and evaluate indirect costs and shall use the federal Office of Management and Budget circulars A-8? and A-122 or use any rules relating to the determination of indirect costs adopted under Chapter 783, Texas Government Code.