TITLE 34. PUBLIC FINANCE

PART 1. COMPTROLLER OF PUBLIC ACCOUNTS

CHAPTER 5. FUNDS MANAGEMENT (FISCAL AFFAIRS)

SUBCHAPTER S. NEXT GENERATION 9-1-1 SERVICE FUND

34 TAC §5.480

The Comptroller of Public Accounts adopts new §5.480, concerning next generation 9-1-1 service fund, without changes to the proposed text as published in the August 27, 2021, issue of the Texas Register (46 TexReg 5360). The new section will be located in Chapter 5, new Subchapter S, Next Generation 9-1-1 Service Fund. The rule will not be republished.

The new section is adopted to comply with House Bill 2911, §5, 87th Legislature, 2021, effective September 1, 2021, which requires the comptroller to adopt rules necessary to establish and administer the next generation 9-1-1 service fund (fund) established under Health and Safety Code, §771.0713, by December 1, 2021.

Subsection (a) provides definitions.

Subsection (b) requires the comptroller, except as provided by federal law, to transfer to the credit of the fund as authorized by the legislature any amount available from federal money provided to this state from the Coronavirus State and Local Fiscal Recovery Funds under §9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) or from any other federal governmental source for purposes of Health and Safety Code, Chapter 771. This subsection also requires the comptroller to transfer the money as soon as practicable following the receipt by this state of a sufficient amount of federal money for the transfer.

Subsection (c) sets forth the administration, distribution, and allowable use of money deposited to the credit of the fund. Specifically, the Commission on State Emergency Communications (commission) will administer the fund and will distribute all money deposited to the credit of the fund as appropriated by the legislature, including any interest earned on money deposited to the credit of the fund, by December 31, 2022. The money deposited to the credit of the fund may be used only for the purpose of supporting the deployment and reliable operation of next generation 9-1-1 service, including the costs of equipment, operations, and administration; may be distributed to only the commission and emergency communication districts; and must be used in a manner that complies with state and federal law, including the requirements of Health and Safety Code, §771.0713. All money distributed under this rule must be spent by December 31, 2024.

No comments were received regarding adoption of the new section.

The new section is adopted under House Bill 2911, §5, 87th Legislature, 2021, effective September 1, 2021, which requires the comptroller to adopt rules necessary to establish and administer the next generation 9-1-1 service fund established under Health and Safety Code, §771.0713, by December 1, 2021.

The new section implements Health and Safety Code, §771.0713.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 5, 2021.

TRD-202103952

Victoria North

General Counsel for Fiscal and Agency Affairs

Comptroller of Public Accounts

Effective date: October 25, 2021

Proposal publication date: August 27, 2021

For further information, please call: (512) 475-2220