In accordance with the provisions of Chapter 2254, Subchapter B of the Texas Government Code, the Comptroller of Public Accounts announces this notice of consultant contract award.

The consultant proposal request was published in the October 31, 1997 issue of the Texas Register (22 TexReg 10797).

The consultant will assist the Comptroller in conducting a study to determine the number and type of fraudulent claims and overpayments paid by the state's publicly funded health care programs including Medicaid, workers' compensation for state employees, and the Employees Retirement System's health care benefits program. This study is authorized under Section 403.026 of the Government Code.

The contract is awarded to Tucker Alan, Inc., 135 South LaSalle, Suite 2135, Chicago, Illinois 60603. The total dollar value of the contract is not to exceed $250,000.00 in the aggregate. The effective date of the contract was January 26, 1998, and it extends through August 31, 1998. Tucker Alan, Inc. is to assist the Comptroller in preparing a final report which will be made public on or about August 31, 1998.

TRD-9801667

Walter Muse

Legal Counsel

Comptroller of Public Accounts

Filed: February 5, 1998

Request for Information for Tax Collection Services

Notice of Request for Information: The Comptroller of Public Accounts (Comptroller) announces its Request for Information (RFI) to solicit information from the private and public sectors in collecting certain delinquent obligations that are owed to the Comptroller. The collection agency would assist the Comptroller in collecting certain delinquent obligations that do not meet the collection guidelines adopted by the Office of the Attorney General (OAG) and that are not collected through the normal collection procedures. Before determining whether to contract with a collection agency, the Comptroller requests information on methods used by collection agencies to collect delinquent accounts and the procedures for remittance. The collection agency also would supply data on the implementation of an account tracking system and the reporting of account status.

The Comptroller's Enforcement Division is responsible for collecting delinquent taxes and providing direct taxpayer assistance. Enforcement Division's Automated Collection Center, usually the first step in the collection process, alerts delinquent taxpayers by telephone. The Enforcement Division's Field Operations, with 35 locations throughout the state, carries out the hands-on delinquent tax collection and provides taxpayer service.

As of October 1, 1997, the Comptroller's Office had an estimated $39.6 million in delinquent tax accounts that were under the OAG's dollar threshold and older than one year. These accounts include in-state and out-of-state accounts. The average delinquent account balance is $614. This amount includes penalty and interest.

The Comptroller seeks information on collection practices that would blend with the current structure of the Enforcement Division. The ideal respondent would be able to provide information on collection methods for low-dollar delinquent accounts, remitting the payment, and reporting account status. Respondents would propose potential hardware and software solutions for establishing an account tracking system.

The complete RFI may be obtained from David R. Brown, Legal Services, Comptroller of Public Accounts, L.B.J. State Office Building, Room #G-24, 111 East 17th Street, Austin, Texas, 78774, (512) 305-8673. A hard copy of the RFI is available for pick-up at the above-referenced address on Wednesday, February 11, 1998, between 4:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter.

Contact: parties interested in submitting a response to the RFI should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th St., Room #G-24, Austin, Texas 78774, (512) 305-8673.

The anticipated schedule of events is as follows: Issuance of RFI - February 20, 1998, at 4:00 p.m. (CZT); Written RFI Responses Due - March 15, 1998, 4:00 noon (CZT).

The Comptroller accepts no obligation for the costs incurred in responding to this RFI. This RFI does not constitute a solicitation of proposals, a commitment to conduct a procurement, or an offer of a contract or prospective contract. After review of responses to this RFI, the Comptroller may request demonstrations from some or all of the respondents. Issued in Austin, Texas on February 11, 1998. Walter Muse Legal Counsel Comptroller of Public Accounts

TRD-9801993

Walter Muse

Legal Counsel

Comptroller of Public Accounts

Filed: February 11, 1998

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003 and 1D.009, Vernon's Texas Civil Statutes).

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 02/16/98 - 02/22/98 is 18% for Consumer ¹ /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 02/16/98 - 02/22/98 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

² Credit for business, commercial, investment or other similar purpose.

TRD-9801997

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 11, 1998

Texas Planning Council for Developmental Disabilities

Advocacy Support Network-Request for Proposals

This announces the availability of funds to be awarded on behalf of the Texas Planning Council for Developmental Disabilities (TPCDD) by the Texas Rehabilitation Commission. Two grants were awarded in September after the initial release of this Request for Proposals (RFP). Up to two additional grants will be awarded as a result of this second release.

BACKGROUND . The mission of the TPCDD is to create change so that all people are fully included in their communities and exercise control over their own lives. The Council has provided grants that further the goals of community integration and inclusion, consumer controlled living and working settings, and improved and enhanced options, supports and services that assist people with disabilities and their families. Each of these projects has expanded our understanding about how to provide supports and assistance to people with developmental disabilities. However, each effort has addressed only a portion of the overall needs, concerns, and barriers experienced by people with disabilities and their families over a life span. Similarly, services and supports provided to people with disabilities are often fragmented and compartmentalized, addressing only portions of an individual's life and needs. This fragmentation has been identified by consumers and professionals alike as a major barrier to achieving an integrated, inclusive life in the community.

EXPECTED OUTCOME . The purpose and expected outcome is to achieve full participation in the community for all members of the community, including those persons with a disability. As a means to accomplish this, the expected outcome of the Advocacy Support Network project is a viable advocacy network in four communities which results in enhanced advocacy capabilities among local advocates, stronger cross-disability advocacy at the local level, and support for local or regional cross-disability advocacy support networks.

ELIGIBILITY . Eligible applicants can be organizations which are public agencies, private nonprofit agencies or private for-profit agencies. Applications will not be accepted from organizations or agencies which provide services or funding for services to individuals with disabilities. Nontraditional applicants from diverse geographical and cultural Texas communities are encouraged.

TERMS . Under this announcement, up to two projects will be funded for up to three years. Funding for years two and three will be contingent upon an annual review of performance, availability of federal funding, and TPCDD funding priorities. The initial funding period is July 1, 1998 to May 31, 1999. Estimated funding per project to be determined by staff, but not to exceed $25,000 per project per year. Non-federal match of 25% is required for the first year. A project located in counties designated as federal poverty areas requires a minimum of 10% matching resources for the first year. Increasing non-federal match will be required in years two through three. In-kind match may be accepted for all or part of the non-federal match in year one.

Grant funds for this RFP were awarded to the Texas Rehabilitation Commission on behalf of the TPCDD by the Administration on Developmental Disabilities in the amount of $25,000 (75%) per project in Fiscal Year 1998. A nonfederal match in the amount of $8,333 (25%) per project is expected.

For the application packet containing the full RFP, application forms and instructions, please submit a written or fax request to: Lester Sanders, Grants Management Director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 424-4097 (fax).

DEADLINE . Proposals will be accepted at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4437, 4th Floor, Austin, Texas until 4:00 p.m. on April 17, 1998. No fax copies of proposals will be accepted. Copies of application kit will be sent by regular mail and will not be faxed to applicants.

TRD-9801750

Charles Schiesser

Chief of Staff

Texas Planning Council for Developmental Disabilities

Filed: February 6, 1998

Texas Education Agency

Request for Early Reading Diagnostic Instruments

The Texas Education Agency (TEA) is notifying publishers that early reading diagnostic instruments for Kindergarten, Grade 1, and Grade 2 may be submitted for review. Texas Education Code, §28.006, authorizes the commissioner of education to develop recommendations for school districts for administering reading instruments to diagnose student reading development and comprehension.

Under TEC, §28.006(b), the commissioner of education shall adopt a list of reading instruments that school districts may use. Any reading instrument used must be based on scientific research concerning reading skills development and reading comprehension. Proposed reading instruments will be reviewed for validity, reliability, and cost-effectiveness, as well as ease of administration and application by the classroom teacher. A list of reading instruments adopted under TEC, §28.006(b), must provide for diagnosing the reading development and comprehension of students participating in a program under TEC, Chapter 29, Subchapter B (relating to bilingual education and special language programs).

School districts are required to administer an early reading diagnostic instrument beginning in the 1998-1999 school year, under TEC, §28.006(g). The list of reading instruments and recommendations for implementation will be available no later than August 1, 1998. State funds will only pay for the cost of administering a reading instrument that is on the list adopted by the commissioner of education.

A district-level committee established under TEC, Chapter 11, Subchapter F, may also adopt a list of reading instruments for use in the district in addition to the reading instruments on the list adopted by the commissioner of education.

Proposals must be submitted to Robin Gilchrist, Assistant Commissioner for Statewide Initiatives, 1701 North Congress Avenue, Austin, TX 78701, by March 13, 1998, to be considered. If you would like your reading instrument returned after review, please indicate so on a cover letter submitted with the proposal. For additional information about this request, contact Robin Gilchrist at (512) 463-9027.

TRD-9802019

Criss Cloudt

Associate Commissioner for Policy Planning and Research

Texas Education Agency

Filed: February 11, 1998

General Services Commission

Technology Access Clause

Senate Bill 1752, amending Texas Government Code, Title 10, Subtitle D, Sec. 2157.005, required the General Services Commission and the Department of Information Resources, in consultation with other state agencies and after public comment, to develop a technology access clause to allow for both visual and nonvisual access. The clause is to be included in all documents (offers, quotes, etc.) and contracts entered into by the state or state agencies related to the procurement of Automated Information System ("AIS") products, regardless of dollar amount.

The clause, as adopted, was published in the Texas Register October 24, 1997, issue (22 TexReg 10551). The clause was modified to address the submitted comments.

The clause states, as a condition for the expenditure of state funds in the purchase of an AIS product, that the technology: (1) will provide equivalent access for effective use by both visual and nonvisual means; (2) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and (3) can be integrated into networks for obtaining retrieving, and disseminating information used by individuals who are not blind or visually impaired.

This clause applies to all contracts made by state agencies that involve the purchase of an AIS product, without regard to: (1) the source of funds used to make the purchase; (2) whether the purchase is made under delegated purchasing authority; or (3) whether the purchase is made under the authority of the Texas Government Code, Title 10, Subtitle D, or other law.

The clause is to read without modification: "The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to (name of State Agency) that the technology provided to (name of State Agency) for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance."

Effective immediately, all AIS product procurements, as stated previously, are to include the previous clause. If you have any questions related to this, please contact Stephen Knippa at 512-463-3420 or e-mail to Stephen.Knippa@gsc.state.tx.us.

TRD-9801894

Judy Ponder

General Counsel

General Services Commission

Filed: February 10, 1998

Texas Department of Health

Licensing Action for Radioactive Materials

The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled “Location” indicates the city in which the radioactive material may be possessed and/or used. The location listing “Throughout Texas” indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

[graphic]

In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or “person affected” within 30 days of the date of publication of this notice. A “person affected” is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or “person affected” may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.

Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated.

Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays).

TRD-9801736

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 6, 1998

Notice of Revocation of Certificates of Registration

The Texas Department of Health (department), having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code §289.112), has revoked the following certificates of registration: Deborah H. Sprott, D.D.S., Houston, R14029, January 23, 1998; Michael Anthony Charles, D.D.S., Houston, R18740, January 23, 1998; Precision Diagnostic and Therapy X-Ray Equipment Company, Inc., Tulsa, Oklahoma, R19891, January 23,1998; Montoya Chiropractic Center, Richmond, R20991, January 23, 1998; Lester Chiropractic Clinic, Lumberton, R21730, January 23, 1998; Hartmann Research, Inc., Dallas, Z00864, January 23, 1998.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Texas Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-9801943

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 10, 1998

Texas Department of Housing and Community Affairs

Notice Of Public Hearing

Texas Department Of Housing And Community Affairs Multifamily Housing Revenue Refunding Bonds (Springhouse Apartments) Series 1998.

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 12:00 p.m. on Thursday, March 19, 1998, with respect to the issuance by the Texas Department of Housing and Community Affairs of its Multifamily Revenue Refunding Bonds, Series 1998 (Springhouse Apartments) (the "Series 1998 Bonds") to be issued by the Department in an aggregate principal amount not to exceed $10,300,000. The proceeds of the Bonds which will be loaned to Oxford Tax Exempt Fund II, L.P., to refund in full the outstanding principal portion of the Adjustable Rate Demand Multifamily Housing Revenue Bonds (Letter of Credit/Surety Bond Program) Dallas - Oxford Development 1984 Series B (the "Series 1984 Bonds"), originally issued by the Texas Housing Agency, (the Department's predecessor), in the aggregate principal amount of $ 17,500,000. The project, which was originally financed with the proceeds of the Series 1984 Bonds and was originally owned and operated by Dallas - Oxford Associates Limited Partnership, is to be refinanced from the proceeds of the and Series 1998 Bonds. The project is a 372 unit apartment project known as Springhouse Apartments, located at 12660 Jupiter Road, Dallas, Texas 75238 (the "Project").

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

This notice is published and the above-described hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest of the Bonds.

Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made.

TRD-9802018

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 11, 1998

Texas Department of Insurance

Insurer Services

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application for incorporation in Texas for MENTAL HEALTH NETWORK, INC., a domestic HMO. The home office is located in Austin, Texas.

Application for incorporation in Texas for BEHAVIORAL HEALTH PLAN 21, INC., a domestic HMO. The home office is located in Houston, Texas.

Application for admission to Texas for BANKERS LLOYD'S INSURANCE COMPANY, a foreign Lloyds company. The home office is in St. Petersburg, Florida.

Application to change the name of PREFERRED ABSTAINERS INSURANCE COMPANY to GUIDANT ELITE INSURANCE COMPANY, a foreign property and casualty company. The home office is located in West Des Moines, Iowa.

Application to change the name of AMERIFIRST INSURANCE COMPANY to VENCOR INSURANCE COMPANY, a foreign life company. The home office is located in Indianapolis, Indiana.

Application to change the name of COLONIAL PENN LIFE INSURANCE COMPANY to CP LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Philadelphia, Pennsylvania.

Application to change the name of ARIZONA LIFE INSURANCE COMPANY to OLD WEST ANNUITY & LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Phoenix, Arizona.

Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-9801709

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 6, 1998

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Chrysler Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate of +33% above the benchmark for Fire & Theft, and +133% above the benchmark for Collision classes, only, under Single Interest Coverage for all territories for commercial automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary for P & C, Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9801703

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 6, 1998

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by The Hartford proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(l). They are proposing application of a 10% driver training credit to the premium developed on commercial auto liability coverage, physical damage coverage and auto medical payments coverage, if any, for all owned non-PPT units, provided insureds meet specific criteria.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Senior Associate Commissioner of Regulation and Safety, Rose Ann Reeser, at the Texas Department of Insurance, MC 107-2A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9801962

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 10, 1998

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by The Hartford proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(l). They are proposing to implement a Secondary Rating factor for independent contractors that distribute pre-packaged bakery products to retail stores such as grocers and supermarkets. Insureds in this sub-classification of the Food Delivery Special Industry Class would receive a 15% reduction for commercial automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

TRD-9801961

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 10, 1998

Notice of Public Hearing

The Commissioner of Insurance, at a public hearing under Docket No. 2340 scheduled for March 25, 1998 at 9:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition (captioned "Second Petition . . .") seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1998 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference No. A-0298-04-I) was filed on February 5, 1998.

The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 1998 model vehicles.

A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6326; refer to (Reference No. A-0298-04-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

TRD-9802008

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 11, 1998

The Commissioner of Insurance, at a public hearing under Docket No. 2341 scheduled for March 25, 1998 at 9:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition (captioned "Third Petition . . .") seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1998 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference No. A-0298-05-I) was filed on February 5, 1998.

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

TRD-9802009

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 11, 1998

Notice of Public Hearing for Private Passenger and Commercial Automobile Insurance Rates Concerning The Texas Automobile Insurance Plan Association Docket No. 454-98-0244.G

Notice is hereby given that a hearing under Docket No. 454-98-0244.G will be held before an administrative law judge (ALJ) of the State Office of Administrative Hearings (SOAH) at 9:00 a.m. on April 28, 1998, and continuing thereafter at dates, times and places designated by the ALJ until conclusion. The purpose of the hearing is consideration of adoption of the manual rates for private passenger and commercial classes of risks provided through the Texas Automobile Insurance Plan Association (TAIPA). The hearing will be held at SOAH, Suite 1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701.

Authority, Jurisdiction and Statutes and Rules Involved

The Commissioner of Insurance has jurisdiction and legal authority over the subject matter of this hearing pursuant to the Texas Insurance Code, Article 21.81 §5. Pursuant to the Texas Insurance Code, Article 1.33B (b), SOAH shall conduct the hearing. Statutes involved include Articles 21.81 and 5.131 and subchapter A of Chapter 5 of the Texas Insurance Code.

The procedure of the hearing will be governed by Texas Insurance Code, Article 1.33B, the Rules of Practice and Procedure For Industry-Wide Rate Cases before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between the Department and SOAH (Texas Administrative Code, Title 28, Chapter 1, §1.90), the Administrative Procedure Act (Texas Gov't Code, Ch. 2001), and SOAH's Rules of Practice and Procedure (Texas Administrative Code, Title 1, Chapters 155 through 163).

Matters to be Considered

The commissioner will consider testimony presented and information filed by the TAIPA, the Office of Public Insurance Counsel and other interested parties relating to the determination of rates for private passenger and commercial automobile insurance provided through the TAIPA, including the spreading of the rates among relevant classifications and territories. The commissioner has the statutory authority and duty pursuant to the Texas Insurance Code, Article 21.81 §5 to promulgate the rates to be charged for insurance provided through the TAIPA, including private passenger and commercial automobile insurance, after notice and hearing. Relevant data to be used in the rate case will be available from the department.

The commissioner has the statutory authority and duty pursuant to the Texas Insurance Code, Article 21.81 to determine and prescribe rates that are just, reasonable, adequate, not excessive, not confiscatory and not unfairly discriminatory for the risks to which they apply; and to set rates in an amount sufficient to carry all claims to maturity and to meet the expenses incurred in the writing and servicing of the business.

The commissioner requests evidence on the following additional matters to be determined at the hearing:

1. The effect of tort reform legislation in determining rates.

2. Impact of changes in the size of the TAIPA plan population on rate level calculations, such as premium on level factors, trending dates and other ratemaking elements.

3 The number and amount of driver training, defensive driving, and passive restraints discounts.

4. The relative number of drivers who are removed from TAIPA by the mandatory and voluntary take out programs, and the effect on rate needs.

5 The loss ratios at current benchmark rate levels of commercial risks written through TAIPA.

6. The setting of PIP and medical payment rates on a class and territorial basis, as opposed to the size of the bodily injury liability rate.

7. Evidence of potential rate impact and proposals for adjustments for all classes of TAIPA drivers in the event Rule 42 of the Texas Automobile Rules and Rating Manual were amended to apply surcharge percentages for accidents and convictions based on the Class 1A driver rate in a manner similar to Rule 75(G)(7), (8), and (9). In other words, in the event that both the base rate for calculation and the surcharge percentage may be adjusted, depending upon evidence of actuarial justification, address the adjustments necessary to keep TAIPA rates revenue neutral.

8. Issues relevant to TAIPA which are raised in the NOH for the Benchmark Auto.

9. Evidence on the distribution of TAIPA exposures or premiums on which to calculate the effect of rate changes.

10. Evidence on the relative levels of allocated loss adjustment expense in Texas as compared to countrywide.

11. Review of the actual historical rate of return of the property/casualty insurance industry on both a statutory accounting principles (SAP) and generally accepted accounting principles (GAAP) basis in comparison to prevailing short, medium and long-term interest rates, actual return on investments earned by investors in property/casualty insurance stock companies, actual GAAP return on equity earned by other industries, and actual GAAP return on equity by all industries combined. Provide the available data with any associated calculations and analyses.

12. The relative risk of the property/casualty insurance industry in comparison to other industries and all industries combined as viewed by an investor, defined as either a purchaser of stock or some other contributor of capital to the insurance enterprise.

13. The impact of the property/casualty insurance industry's debt to equity ratio and liabilities to equity ratio currently and over time on the recommendation for a target rate of return. If cost of capital considerations include reliance upon a sample group of companies, such reliance should be supported with information regarding:

(a) the extent to which the sample companies have incorporated debt into their capital structures, and

(b) the relative leverage of the property/casualty operating companies owned by the sample companies when compared with the property/casualty industry as a whole, with leverage measured by the ratio of premiums plus reserves (loss, loss adjustment, and unearned premium reserves) to consolidated policyholder surplus.

14. Review of the actual historical net investment income earned, including interest and dividends earned, and realized and unrealized capital gains, by the property/casualty insurance industry in comparison to prevailing short, medium and long-term interest rates. Provide the available data with any associated calculations and analyses.

15. Review of the historical premium to surplus and reserves to surplus ratios of the property/casualty insurance industry. Compare the recommended leverage ratios with those that would result from an allocation of total property/casualty industry surplus by line of insurance based upon the combination of net premiums earned plus mean net reserves. Discuss any additional adjustments necessary for Texas-specific variations in countrywide relationships.

16. Review of historical underwriting profit results for Texas and countrywide in the coverages for which underwriting profit provisions are recommended.

Motions for Admission as a Party

Anyone who wishes to participate in the hearing as a party must file a motion for Admission as a party by 5:00 p.m. March 5, 1998.

Prehearing Conference

An initial prehearing conference will be held before the ALJ at 10:00 a.m. on March 10, 1998, at the State Office of Administrative Hearings, Suite 1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701. The prehearing conference will be held for the following purposes:

(1) ruling on all motions for admission of parties;

(2) setting the procedural deadlines for discovery, motions, and prefiled testimony; and

(3) such other matters as will promote the orderly and prompt conduct of the hearing.

Additional prehearing conferences will be scheduled as the ALJ deems necessary to rule on other matters as may aid in the simplification of the proceedings.

Commissioner's Policies

Pursuant to Tex. Gov't Code §2001.058 (c), the commissioner is required to provide the ALJ with a written statement of applicable rules and policies. The applicable procedural rules are set out above. The commissioner's policies regarding the setting of rates for insurance provided through the TAIPA are set out below. Evidence regarding alternatives to the commissioner's policies as set out herein shall be permitted. The purpose of this policy statement is to put the ALJ and parties on notice regarding the commissioner's policies to provide advance notice of the type of evidence parties should present in the hearing. This policy statement, however, is not intended to limit the type of evidence a party may offer at the hearing. The pertinent commissioner's policies are as follows:

1. It is the commissioner's policy to consider all relevant evidence and issues in making a determination of rates. To ensure a complete record, the commissioner requests the ALJ to:

(a) take judicial notice of 28 Texas Administrative Code §§5.14000-5.14011 (frequently referred to as the "Rate Reduction Rules") as adopted by the commissioner; Commissioner's Order No. 96-0591 entitled "In the Matter of Rates for Private Passenger and Commercial Automobile Insurance Provided Through the Texas Automobile Insurance Plan Association" and dated May 29, 1996; and Commissioner's Order No. 97-1272 entitled, "Private Passenger and Commercial Automobile Insurance Provided Through the Texas Automobile Insurance Plan Association" and dated December 18, 1997.

(b) ensure that exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, are submitted and are made available in both paper and electronic format. The format should be 3.5 inch high density diskette in a DOS or Windows spreadsheet or other format readable by a machine running DOS or Windows. Parameters, assumptions and references to underlying data should be identifiable in the electronic exhibits.

2. It is the commissioner's policy that so-called "Fast Track" data reports not be used directly in the rate development analysis. Trend analysis should rely upon trend data reported to the department and provided by the department to the parties. Fast Track data are not intended for ratemaking and represent only a portion of industry experience.

3. It is the commissioner's policy that if underwriting profit provisions are calculated to reflect a target return on equity measured under GAAP, estimates of future expense ratios, to the extent these estimates are based upon historical expense experience, shall be based upon historical ratios of expenses to written premiums. Alternatively, if estimates of future expenses are based upon historical ratios of expenses to earned premium, then the underwriting profit provision shall be adjusted in consideration of expected increases in prepaid expenses which are recognized as an asset under GAAP.

Conduct of the Hearing

Each page of any exhibit offered in evidence at a hearing before the Commissioner of Insurance, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three-hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner of Insurance and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example:

Public Hearing before the Commissioner of Insurance

Subject of Hearing: Texas Automobile Insurance Plan Association Rate Hearing

Docket No. ______________

Date: ___________________

Exhibit # _________________

Description of Exhibit _____________

Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following:

1. the original exhibit, which will be tendered to the ALJ for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness;

2. one copy each for every other party admitted to the hearing. All deadlines in this notice are subject to change at the ALJ's discretion to the extent permitted by statute and rule.

In contested cases, all parties are entitled to the assistance of their counsel before administrative agencies. This right may be expressly waived.

TRD-9801708

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 6, 1998

Third Party Administrator Applications

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of GroupLink, Inc., a foreign third party administrator. The home office is Indianapolis, Indiana.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-9801960

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 10, 1998

Texas Natural Resource Conservation Commission

Notice of Applications for Waste Disposal/Discharge Permits for the Week ending January 9, 1998 thru February 6, 1998

The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of the notice.

To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing.

Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, type of application-new permit, amendment, or renewal and permit number.

ACME BRICK COMPANY, P.O. Box 1189, Denton, Texas 76202, the Allison Clay Pit Mine, the plant site is located approximately 1/2 mile west of Farm-to-Market Road 2181 on Hickory Creek Road in the City of Denton, Denton County, Texas, renewal, Permit Number 03837.

ACME BRICK COMPANY, P.O. Box 1189, Denton, Texas 76202, the Hobson Pits Clay Mine, the plant site is located at 220 Daniels Street, adjacent to the east side of U.S. Highway 377, approximately one (1) mile south of the intersection of U.S. Highway 377 and Interstate Highway 35E in the City of Denton, Denton County, Texas, renewal, Permit Number 03838.

CAPROCK INDUSTRIES, INC., P.O. Box 888, Dalhart, Texas 79022, a beef cattle feedlot is located approximately 5 miles west of Dalhart, Hartley County, Texas on the north side of US Highway 54. This location is in the drainage area of the Canadian River Above Lake Meredith in Segment Number 0103 of the Canadian River Basin, amendment, Permit Number 01382.

CHAMP'S WATER COMPANY, 103 Heather Lane, Conroe, Texas 77385, the Aldine Forest Wastewater Treatment Facilities, the plant site is located approximately 100 feet north and 600 feet east of the intersection of Verhalen Avenue and Reeveston Road, north of the City of Houston in Harris County, Texas, renewal, Permit Number 11739-01.

CITY OF COLUMBUS, P.O. Box 87, Columbus, Texas 78934, the wastewater treatment plant is located approximately 0.2 of a mile north of Interstate Highway 10, on the west bank of the Colorado River, near the easterly end of McCormick Street, in the southeast corner of the City of Columbus in Colorado County, Texas, renewal, Permit Number 10025-001.

HARRIS COUNTY MUD NO 149, c/o Schwartz, Page & Harding, L.L.P., 1300 Post Oak Boulevard, Suite 1400, Houston, Texas 77056, the wastewater treatment plant is located at 16427 Skyblue Lane which is approximately 0.5 mile west of State Highway 6 and north of Spencer Road in Harris County, Texas, renewal, Permit Number 11836-01.

HARRIS COUNTY MUD NO 185, the wastewater treatment plant is located at 5300 Addicks-Satsuma Road, approximately 5.1 miles north of Interstate Highway 10 and approximately 1,600 feet east of State Highway 6 in Harris County, Texas, renewal, Permit Number 12124-01.

CITY OF LONGVIEW, P.O. Box 1952, Longview, Texas 75606-1952, the FM 1845 Wastewater Treatment Plant is located approximately 2,500 feet west of the crossing of Grace Creek by Farm-to-Market Road 1845, approximately 4,000 feet south of the intersection of Farm-to-Market Road 1845 and Farm-to-Market Road 2087 in Gregg County, Texas, amendment, Permit Number 10589-02.

CITY OF SAN ANGELO, P.O. Box 1751, San Angelo, Texas 76902, the water treatment plant is located at Avenue I and Metcalf Street in the City of San Angelo, Tom Green County, Texas, renewal, Permit Number 10641-00.

E.I. DU PONT DE NEMOURS & CO., INC., Victoria Plant, P.O. Box 2626, Victoria, Texas 77902 a chemical manufacturing facility which produces chemicals, fibers, and polymers. Wastes are generated on-site and include hazardous, Class I, Class 2, and Class 3 industrial solid wastes. The facility is located on a 4,515-acre tract of land off of Highway 185, approximately five miles south of the City of Victoria, Victoria County, Texas, major amendment to Compliance Plan Number CP50056, 45 day notice.

HUNTSMAN POLYMERS CORPORATION (formerly Rexene Corporation), P.O. Box 3986, Odessa, Texas 78760, the applicant currently operates a chemical manufacturing facility which manufactures polyethylene, polypropylene resins and styrene. Wastes are generated on-site and include spent activated carbon; soils contaminated with benzene, xylene, toluene and/or naphthalene; spent xylene and naphthalene; waste paint; and other wastes arising from plastics and petrochemical manufacturing operations. The facility is located at 2400 South Grandview near the intersection of Interstate 20 and Grandview Avenue Exit on approximately 984 acres in Odessa, Ector County, Texas, Major Amendment to Compliance Plan Number CP50290, 45 day notice.

TRD-9801953

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 10, 1998

Notice of Public Hearing (Houston SIP)

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code Annotated, §382.017 (Vernon's 1992); Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993); and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to the SIP concerning the Attainment Demonstration for the Houston/Galveston ozone nonattainment area.

The SIP is needed to demonstrate further progress toward attainment of the one-hour national ambient air quality standard for ozone for the Houston/Galveston ozone nonattainment area. It is also needed to fulfill requirements of the Federal Clean Air Act Amendments of 1990 and to respond to recent EPA guidance. This SIP will also substitute volatile organic compound or oxides of nitrogen reductions for certain elements to compensate for reductions that EPA plans to disapprove in the previous 9% SIP revisions.

Public hearings on this proposal will be held in Houston on March 12, 1998, at 7:00 p.m. and on March 13, 1998, at 10:00 a.m. Both hearings will be conducted at the Houston/Galveston Area Council, Conference Room A, 3555 Timmons Lane, Houston. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearings; however, agency staff members will be available to discuss the proposal 30 minutes prior to each hearing and will answer questions before and after each hearing.

Written comments may be mailed to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., March 20, 1998. For further information, please contact Elizabeth Hendler, Air Policy and Regulations Division, (512) 239-1967.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-9801752

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: February 6, 1998

Permit Application for Sewage Sludge Facility for the Week ending February 13, 1998

For an application filed by Longhorn Composting & Cattle Co., Inc., for Proposed Permit Number 03956 to authorize process, store and dispose of wastes in accordance with the limitations, requirements, and other conditions set forth. The wastewater treatment plant sludge facility is located approximately 7.5 miles northwest of the town of Sierra Blanca and approximately 7.1 miles north of Interstate Highway 10 in Hudspeth County, Texas. This location is in the drainage area of Rio Grande below Riverside Diversion Dam in Segment Number 2307 of the Rio Grande Basin.

TRD-9801952

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 10, 1998

Proposal for Decision

Donald Simpson; SOAH Docket Number 582-97-1061; TNRCC Docket Number 96-1815-OSI-E.

Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

TRD-9801940

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 10, 1998

Penncco, Inc. SOAH Docket Number 582-97-0708, TNRCC Docket Number 96-0863-AIR-E.

Notice of opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

TRD-9801941

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 10, 1998

Lee Limas dba Lee Limas Mobile Home Park; SOAH Docket Number 582-97-1143, TNRCC Docket Number 96-1112-PWS-E.

Notice of Opportunity to Comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

TRD-9801942

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 10, 1998

Public Utility Commission of Texas

Notices of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 4, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of One Source Telecommunications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18775 before the Public tility Commission of Texas.

Applicant intends to offer local service to residence and business customers on a resold basis. The services to be offered include basic residence and business lines as well as PBX Trunks and DID service. Service will be offered on a flat rate, measured or message rate basis. Optional calling features and other supplemental services will also be offered.

Applicant's requested SPCOA geographic area includes the geographic areas currently served by the following incumbent local exchange companies in the state of Texas: Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., Sugar Land Telephone Company, and Lufkin- Conroe Telephone Exchange, Inc.

Persons who wish to comment upon the action sought should contact the Public tility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 25, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801665

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 5, 1998

Docket Title and Number: Application of Eagle Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18774 before the Public Utility Commission of Texas.

Applicant intends to subscribe to and resell all forms of local service in the state of Texas to both residential and business class customers, including local dial tone services, Message Telephone Service, Wide Area Telephone Service, WATS-like services, Foreign Exchange Service, private lines, tie lines, access service, cellular service, local switched service and other services of communications common carriers and other entities.

Applicant's requested SPCOA geographic area includes the geographic area of the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120 no later than February 25, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801666

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 5, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 5, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Cumby Telephone Cooperative, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18795 before the Public Utility Commission of Texas.

Applicant intends to provide a full range of telecommunications services which will include but not be limited to local exchange service, basic local telecommunications service, and switched access via the use of its own facilities.

Applicant's requested SPCOA geographic area includes the boundaries of GTE Southwest, Inc.'s Brashear, Lone Oak, and Miller Grove exchanges.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 25, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801872

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 9, 1998

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on February 6, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Now Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18799 before the Public Utility Commission of Texas.

Applicant intends to provide basic local exchange services through the resale of such services offered by the underlying certificated local exchange companies.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 25, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801873

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 9, 1998

Docket Title and Number: Application of Tel-Link, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 18800 before the Public Utility Commission of Texas.

Applicant intends to resell the services of Sprint/United Telephone Company of Texas, Inc., GTE Southwest, Inc., and Southwestern Bell Telephone Company. The Applicant's service will involve the provision of prepaid local exchange telecommunications service to consumers.

Applicant's requested SPCOA geographic area includes the geographic areas of Sprint-United Telephone Company of Texas, Inc., GTE Southwest, Inc., and Southwestern Bell Telephone Company in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 25, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801874

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 9, 1998

Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 22, 1997, Lufkin-Conroe Telephone Exchange, Inc.'s (LCTX) application for sale, transfer, or merger regarding Lufkin-Conroe Communications, Inc. and Texas Utilities Company, Inc.

Docket Number and Title. Application of Lufkin-Conroe Telephone Exchange, Inc. For Sale, Transfer, or Merger Regarding Lufkin-Conroe Communications, Inc. and Texas Utilities Company, Inc. Docket Number 18548.

The Application. Lufkin-Conroe Telephone Exchange, Inc., holder of Certificate of Convenience and Necessity Number 40054, filed an application reporting the sale of stock of parent company and merger. Lufkin-Conroe Telephone Exchange, Inc. is a public utility and subsidiary of Lufkin-Conroe Communications, Inc.

This transaction is between two holding companies and does not involve any public utility except Lufkin-Conroe Telephone Exchange, Inc. Lufkin-Conroe Telephone Exchange, Inc. is only affected by this transaction through having new ownership of its parent company's stock. No transfer of certificated facilities or service areas occurred. LCTX's service area includes Angelina, Cherokee, Houston, Montgomery, Nacogdoches, Polk, and Trinity counties. No changes in rates will occur as a result of this application.

The Commission has jurisdiction and authority over this matter pursuant to §§14.001, 14.101, 51.010, 52.002, 52.003, 54.005, 54.053, and 54.054 of the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA).

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before March 18, 1998. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9801875

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 9, 1998

Notices of Intent to File Pursuant to P.U.C. Substantive Rule 23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a 4607 station addition to the existing PLEXAR-Custom service for Shell Oil Company in Houston, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 4607 Station Addition to the Existing PLEXAR-Custom Service for Shell Oil Company in Houston, Texas Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 18772.

The Application: Southwestern Bell Telephone Company is requesting approval for a 4607 station addition to the existing PLEXAR-Custom service for Shell Oil Company in Houston, Texas. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston LATA.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801956

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 10, 1998

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a 77 station addition to the existing PLEXAR-Custom service for Tarrant County in Fort Worth, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 77 Station Addition to the Existing PLEXAR-Custom Service for Tarrant County in Fort Worth, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 18771.

The Application: Southwestern Bell Telephone Company is requesting approval for a 77 station addition to the existing PLEXAR-Custom service for Tarrant County in Fort Worth, Texas. The designated exchange for this service is the Fort Worth exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas LATA.

TRD-9801955

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 10, 1998

Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27 for a new PLEXAR- Custom service for Spring Branch ISD in Houston, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Spring Branch ISD in Houston, Texas Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27. Tariff Control Number 18762.

The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Spring Branch ISD in Houston, Texas. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston LATA.

Persons who wish to comment upon the action sought should contact the Public tility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801954

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 1998

Request for Proposals for Provision of Administrative Services for the Universal Service Fund

A Request for Proposals (RFP) will be issued pursuant to the Public Utilities Regulatory Act, Texas Utilities Code §56.023(c), which authorizes the Public Utility Commission to administer the Texas Universal Service Fund (TUSF). Furthermore, pursuant to agency rule, 16 TAC §23.150, the Public Utility Commission has determined that the selection of an administrator for the fund shall be made through a competitive bidding process.

Eligible Proposers. The Public Utility Commission is requesting proposals from entities with experience administering funds in excess of five million dollars. The administrator must be neutral and impartial and not advocate positions in proceedings before the commission. The administrator must not have a direct financial interest in the universal service support mechanisms established by the commission, through either the receipt of funds from or the contribution of funds to the TUSF. Entities that meet the definition of a historically underutilized business (HUB), as defined in Texas Government Code, §2161.100, are encouraged to submit a proposal.

Project Description. The TUSF administrator will serve at the discretion of the commission. Administrative costs of the universal service fund are reimbursed by the fund. The administrator's general duties will include, but are not limited to, the efficient management of the daily operations and affairs of the TUSF. The administrator will ensure that eligible telecommunications providers (ETPs) are in compliance under the provisions by which they receive universal service support; accurately calculate and collect assessments from telecommunications providers; ensure that all telecommunications providers subject to the fund assessment are reporting information as required; submit periodic reports to the commission regarding administration of the fund; appear before the commission and respond to inquiries at the commission's request; notify the commission of telecommunications providers that are not in compliance with requirements; properly calculate and disburse funds; prudently invest funds; assist the current administrator in a transition from existing universal support mechanisms; and collect delinquent payments as authorized by the commission. The TUSF administrator will perform other administrative duties for the TUSF as required by the commission.

Selection Criteria. A proposal will be selected based on the ability of the proposer to provide the best value in carrying out requirements identified in the RFP. Proposals will be evaluated using these criteria: (1) demonstrated expertise in the fields of accounting, investment management, computer programming, and debt collection practices; (2) timely project implementation; and (3) reasonable project cost. The Public Utility Commission will evaluate proposals and make a selection. Proposers will be notified in writing of the selection.

Requesting the Proposal. The RFP will be available Thursday, February 26, 1998, and will be mailed on that date to all parties who have requested a copy. A complete copy of the RFP for Provision of Administrative Services for the Universal Service Fund may be obtained by writing Susan K. Durso, Administrative Counsel, Public Utility Commission, P.O. Box 13326, Austin, TX, 78711-3326, or durso@email.puc.state.tx.us, or by calling (512) 936-7146.

Bidders' conference. A bidders' conference will be held at the Public Utility Commission on Wednesday, March 11, 1998, to answer all written questions that have been received by the commission by March 5, 1998. Details regarding the conference will be included in the RFP.

For Further Information. For clarifying information about the RFP, write Lynne LeMon, Telecommunications Industry Analysis Division, Public Utility Commission, P.O. Box 13326, Austin, TX 78711-3326, Fax (512) 936-7328, llemon@email.puc.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received no later than 5:00 p.m. on Thursday, April 16, 1998, in Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX. 78701. Proposals received in Central Records after 5:00 p.m. on April 16, 1998, will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of the Central Records Division in establishing the time and date of receipt.

TRD-9801871

Rhonda Dempsey

Rules Coordinator

Public Utility Commission

Filed: February 9, 1998

The Texas A & M University System, Board of Regents

Notice of Sale of Oil, Gas, And Sulphur Lease

The Board of Regents of The Texas A & M University System, pursuant to provisions of V.T.C.A., Education Code, Chapter 85, as amended, and subject to all rules and regulations promulgated by the Board of Regents, offers for sale at public auction in Room 524, System Real Estate Office, The Texas A & M University System, John B. Connally Building, 301 Tarrow Drive, College Station, Texas, at 10:00 a.m., Tuesday, March 31, 1998, an oil, gas and sulphur lease on the following described land in Victoria County, Texas. The property offered for lease contains 205.03 mineral acres, more or less, and more particularly described as follows:

Being 205.03 acres of land, more or less, out of the T & NORR Co. Survey No. 5, Block 3, Abstract No. 357 and the Day Land & Cattle Company Survey, Abstract No. 509, Victoria County, Texas.

The minimum lease terms, which applies to these tracts, are as follows:

(1) Bonus: $150.00 per net mineral acre

(2) Royalty: 25%

(3) Delay Rental: $10.00 per net mineral acre

(4) Primary term: Three (3) years

(5) Commitment to Drill: Within first year

(6) Continuous Drilling Commitment: 120 days

(7) Net Mineral Acres: 205.03 (More or Less)

Highest bidder shall pay to the Board of Regents on the day of the sale 25% of the bonus bid, and the balance of the bid shall be paid to the Board within twenty-four (24) hours after notification that the bid has been accepted. All payments shall be in cashier's check or as the Board may direct. Failure to pay the balance of the bid amount, and acceptance of that bid by the Board, will result in forfeiture of the 25% down payment paid to the Board. The Board of Regents of The Texas A & M University System, RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS FOR ANY REASON. The successful bidder will be required to pay all advertising and administrative expenses.

Further inquiries concerning oil, gas and sulphur leases on System land should be directed to:

Dan K. Buchly

Director

System Real Estate Office

The Texas A & M University System

John B. Connally Building

301 Tarrow Drive, Suite 519

College Station, Texas 77843-7896

(409) 845-9612.

TRD-9801909

Vickie Burt

Executive Secretary to the Board

Texas A & M University System

Filed: February 10, 1998

Request for Information: Management Information System

Notice of Request For Information: The Texas A&M University System (System) announces it's Request For Information (RFI) to solicit information as to the products, services, capabilities and methodology of potential suppliers (Supplier) concerning the provision of a Management Information System (Project) to be utilized by the System and it's affiliated institutions and agencies (Members). The System's mission through this Project is to find a solution to the diverse information needs of all levels within the System, including but not limited to the System's Regents, executive management at the System level as well as for each of it's Members, and departments within each Member.

The System's goal in soliciting responses to the RFI is to identify Suppliers for participation in the System's procurement of a solution that ensures the System's mission benefits. The System anticipates issuing a Request For Offers (RFO) following it's review of responses to the RFI. If an RFO is issued and a contract executed between the System and a successful Supplier, the first task for completion by the successful Supplier will be to automate the production of the System Executive Management Report. However, the System considers the more significant criteria for selection of a solution to be the flexibility afforded by the system to be implemented in meeting the System's information needs across a broad spectrum of users and in an ever-changing information environment.

The RFI will be available after 4:00 p.m. Central Zone Time (CZT) on February 20, 1998, either on the internet at http://sago.tamu.edu/misc/rfi/ or in hard copy by contacting Matt Brown, System Office of Budgets and Accounting, John B. Connally Building, 301 Tarrow, 6th floor, College Station, Texas 77840-7896, (409) 845-2531.

The anticipated schedule of events is as follows: Issuance of RFI , February 20, 1998 at 4:00 p.m. CZT; Written RFI Responses Due, 4:00 CZT on March 13, 1998.

TRD-9801985

Vickie Burt

Executive Secretary to the Board

Texas A&M University System, Board of Regents

Filed: February 11, 1998

Texas Department of Transportation

Notice of Invitations

Notice of Invitation: The Brownwood District of the Texas Department of Transportation (TxDOT) intends to enter a contract with a professional engineer, pursuant to Government Code, Chapter 2254, Subchapter A, and 43 TAC §;9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award a selected prime engineer must perform a minimum of 30% of the actual contract work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and/or seal the work to be performed on the contract.

Contract Number 23-845P5002: The precertified work categories and the percent of work per category are: 2.14.1 Environmental Document Preparation (3%); 3.2.1 Route Studies and Schematic Design (Major Roadway) (10%); 4.2.1 Major Roadway Design (65%); 5.1.1 Minor Bridge Design (7%); 8.1.1 Signing, Pavement Marking and Channelization (1%); 8.3.1 Signalization (1%); 10.2.1 Basic Hydraulic Design (4%); 15.1.2 Design Survey (3%); 15.1.4 Right of Way Maps (3%); 15.2.1 Design Survey (3%). The work to be performed shall consist of the preparation of plans, specifications and estimate (PS&E) documents to reconstruct FM 2214 from FM 2461 to FM 571. The project will consist of reconstructing an existing two lane roadway including new alignment, structures, and surfaces.

Historically Underutilized Business (HUB) Goal: The goal for HUB participation in the work to be performed under this contract is 15% of the contract amount.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

1. Past Performance Scores: Must have two good references (three preferred) which can be verified from other entities on similar type work.

2. Project Requirements (Team Capability Experience): 2.14.1 Environmental Document Preparation; 3.2.1 Route Studies and Schematic Design (Major Roadway) ; 4.2.1 Major Roadway Design; 5.1.1 Minor Bridge Design; 8.1.1 Signing, Pavement Marking and Channelization; 8.3.1 Signalization; 10.2.1 Basic Hydraulic Design; 15.1.2 Design Survey; 15.1.4 Right of Way Maps; 15.2.1 Design Survey. Minimum Requirement: The team must have worked on one similar type project (three preferred) within the past five years.

2.14.1 Environmental Document Preparation; 3.2.1 Route Studies and Schematic Design (Major Roadway); 4.2.1 Major Roadway Design; 5.1.1 Minor Bridge Design ; 8.1.1 Signing, Pavement Marking and Channelization; 8.3.1 Signalization; 10.2.1 Basic Hydraulic Design; 15.1.2 Design Survey; 15.1.4 Right of Way Maps; 15.2.1 Design Survey. Minimum Requirement: Team members must have worked on one similar type project (three preferred) within the past five years.

4. Evidence of Compliance with Assigned HUB Goal: A provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 643-0306, or by hand delivery to TxDOT, Brownwood District, Attention: Elias H. Rmeili, P. E., 2495 HWY 183 N Brownwood, Texas, or by mail addressed to 2495 HWY 183 N Brownwood, Texas 76802. Letters of interest will be received until 5:00 p.m. on Friday, March 6, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to three 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices), and must include the contract number 23-845P5002; an organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subproviders proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Elias H. Rmeili, P. E., at (915) 646-2591 or fax (915) 643-0306.

Contract Number 23-845P5001: The precertified work categories and the percent of work per category are: 2.14.1 Environmental Document Preparation (5%); 3.2.1 Route Studies and Schematic Design (Major Roadway) (10%); 4.2.1 Major Roadway Design (70%); 8.1.1 Signing, Pavement Marking and Channelization (1%); 8.3.1 Signalization (1%) ; 10.2.1 Basic Hydraulic Design (4%); 15.1.2 Design Survey (3%) ; 15.1.4 Right of Way Maps (3%) ; 15.2.1 Design Survey (3%). The work to be performed shall consist of the preparation of plans, specifications and estimate (PS&E) documents to reconstruct FM 2657 from US 190 South to Burnet County Line. The project will consist of reconstructing an existing two lane roadway to a four lane with a continuos left turn lane.

Historically Underutilized Business (HUB) Goal: The goal for HUB participation in the work to be performed under this contract is 15% of the contract amount.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

1. Past Performance Scores: Must have two good references (three preferred) which can be verified from other entities on similar type work.

2. Project Requirements (Team Capability Experience): 2.14.1 Environmental Document Preparation; 3.2.1 Route Studies and Schematic Design (Major Roadway); 4.2.1 Major Roadway Design; 8.1.1 Signing, Pavement Marking and Channelization; 8.3.1 Signalization; 10.2.1 Basic Hydraulic Design; 15.1.2 Design Survey; 15.1.4 Right of Way Maps; 15.2.1 Design Survey. Minimum Requirement: The team must have worked on one similar type project (three preferred) within the past five years.

2.14.1 Environmental Document Preparation; 3.2.1 Route Studies and Schematic Design (Major Roadway); 4.2.1 Major Roadway Design; 8.1.1 Signing, Pavement Marking and Channelization; 8.3.1 Signalization ; 10.2.1 Basic Hydraulic Design ; 15.1.2 Design Survey ; 15.1.4 Right of Way Maps; 15.2.1 Design Survey. Minimum Requirement: Team members must have worked on one similar type project (three preferred) within the past five years.

4. Evidence of Compliance with Assigned HUB Goal: A provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Letter of Interest Requirements: The letter of interest is limited in length to three 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices), and must include the contract number 23-845P5001; an organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subproviders proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Elias H. Rmeili, P. E., at (915) 646-2591 or fax (915) 643-0306.

TRD-9801999

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: February 11, 1998

Notice of Invitation: The El Paso District of the Texas Department of Transportation (TxDOT) intends to enter a contract with four professional engineers, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work categories, unless the work category is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual contract work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer registered in Texas who will sign and/or seal the work to be performed on the contract.

RFP 24-8RFP5001 - for partial or complete P.S.&E. The work categories and the percent of work per category are: 4.1.1 Minor Roadway Design (20%); 4.2.1 Major Roadway Design (15%); 5.1.1 Minor Bridge Design (6%);5.2.1 Major Bridge Design (4%); 7.4.1 Traffic Control System Analysis, Design and Implementation(10%); 8.1.1 Signing, Pavement Marking and Channelization (10%);8.2.1 Illumination (1%); 8.3.1 Signalization (1%); 10.1.1 Hydrologic Studies (10%); 10.2.1 Basic Hydraulic Design (10%); 15.2.1 Design Survey (7%); 15.3.1 Aerial Mapping (2%); 15.4.1 Horizontal and Vertical Control for Aerial Mapping (2%); 17.1.1 Functional and Aesthetically Pleasing Outdoor Spaces (1%); 17.2.1 Planting and Irrigation (1%). The work to be performed shall consist of the preparation of plans, specifications and estimate (P.S.&E.) documents to construct miscellaneous work, bridge replacement, new bridge construction, urban and rural rehabilitation projects, rural rehabilitation and widening projects, and construction of new farm to market road. All environmental and public involvement concerns. Schematic development, ROW map development and pavement design will be handled by TxDOT. The District Consultant Selection Team has determined a range of scores for providers that are considered equally qualified to perform the work to be not less than 750 points out of 900 maximum.

The goal for Historically Underutilized Business (HUB) participation in the work to be performed under this contract, is a minimum of 30% of the contract amount.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers based on the above mentioned work to be performed.

1. Past Performance Scores

Minimum requirements - The team must provide two separate satisfactory written references (in any combination) for preparing PS&E with similar major work tasks of the following project classifications: new ramp/roadway construction, new farm to market road, bridge replacement, upgrading of a non-freeway facility, and new location non freeway facility. Preferred requirements - The team must provide four satisfactory written references as outlined in the minimum requirements.

2. Project Requirements (Team Capability Experience)

Minor Roadway Design (4.1.1): Minimum requirements - Project team must have worked on three minor roadway design projects within the past five years. Preferred requirements - In addition to the minimum requirements, the project team must explain and adequately demonstrate their experience in applying AASHTO's "A Policy on Geometric Design of Highways and Streets" design criteria on five minor roadway design projects.

Major Roadway Design (4.2.1): Minimum requirements - Project team must have worked on three major roadway design projects within the past five years. Preferred requirements - In addition to the minimum requirements, the project team must explain and adequately demonstrate their experience in applying AASHTO's "A Policy on Geometric Design of Highways and Streets" design criteria on five major roadway design projects.

Minor Bridge Design (5.1.1): Minimum requirements - The project team must include one professional engineer with five years experience in minor bridge design and must have worked on three minor bridge design projects within the past five years. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying AASHTO's "Standard Specifications for Highway Bridges" on five minor bridge design projects within the past five years.

Major Bridge Design (5.2.1): Minimum requirements - The project team must include one professional engineer with five years experience in major bridge design and must have worked on three major bridge design projects within the past five years. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying AASHTO's "Standard Specifications for Highway Bridges" on five major bridge design projects within the past five years.

Traffic Control Systems Analysis (7.4.1): Minimum requirements - The project team must include one professional engineer with five years experience in traffic control plan preparation and must have worked on three minor traffic control designs within the past five years. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying design guidance developed in the National Manual on Uniform Traffic Control Devices for five major traffic control designs within the past five years.

Signing, Pavement Marking and Channelization (8.1.1): Minimum requirements - The project team must include one professional engineer with five years experience in design and preparation of plans for signing, pavement markings, and channelization for three minor roadway designs within the past five years. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience in applying design guidance developed in the National Manual on Uniform Traffic Control Devices for five major roadway designs within the past five years.

Illumination (8.2.1): Minimum requirements - The project team must include one professional engineer with five years experience in design and production of illumination plans meeting IESNA and AASHTO guidelines.

Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience applying design guidance developed by AASHTO for determining and locating safety lighting, and for locating and sizing continuous lighting systems.

Signalization (8.3.1): Minimum requirements - The project team must include one professional engineer with five years experience in design and production of signal plans meeting AASHTO guidelines. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience applying design guidance developed by AASHTO for determining and locating signals.

Hydrologic Studies (10.1.1): Minimum requirements - The project team must include one professional engineer with five years experience in preparing hydrologic studies; and a minimum of five years as a professional engineer in analysis of complex watersheds. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience developing hydrologic data for both urban and rural arid to semi-arid watersheds. The watershed data will be used to analyze culvert and bridge structural design.

Basic Hydraulic Design (10.2.1): Minimum requirements - The project team must include one professional engineer with five years experience in preparing hydraulic designs; and a minimum of five years as a professional engineer in hydrologic analysis, hydraulic design, and storm sewer design. Preferred requirements - In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience sizing culverts, design of storm sewer system and determining bridge designs through hydraulic data analysis.

Design Survey (15.2.1) Minimum requirements - The project team must include one registered professional land surveyor with a minimum of five years experience in preparing horizontal/vertical control, construction surveys, and miscellaneous data collection, who has sufficient staff to undertake the requirements associated with this type of work; and who has available the proper equipment to perform the work. Preferred requirements - In addition to the minimum requirements, the nominate surveyor must explain and adequately demonstrate his/her experience in GPS data collection, SDMS and CAICE software, preparing horizontal/vertical control using digital terrain models and topographic files.

Aerial Mapping (15.3.1): Minimum requirements - The project team must include one registered professional land surveyor with a minimum of five years experience in preparing horizontal/vertical control for determining horizontal panel layouts, who has sufficient staff to undertake the requirements associated with this type of work; and who has available the proper equipment to perform the work. Preferred requirements - In addition to the minimum requirements, the nominate surveyor must explain and adequately demonstrate his/her experience in GPS data collection, and SDMS and CAICE software.

Horizontal and Vertical Control for Aerial Mapping (15.4.1): Minimum requirements - The project team must include one registered professional land surveyor with a minimum of five years experience in preparing horizontal/vertical control for determining horizontal panel layouts, who has sufficient staff to undertake the requirements associated with this type of work; and who has available the proper equipment to perform the work. Preferred requirements - In addition to the minimum requirements, the nominate surveyor must explain and adequately demonstrate his/her experience in GPS data collection, and SDMS and CAICE software.

Functional and Aesthetically Pleasing Outdoor Spaces (17.1.1): Minimum requirements - The project team must include one landscape architect with a minimum of three years experience in preparing aesthetic landscape designs for roadway projects. Preferred requirements - In addition to the minimum requirements, the nominated landscape architect must explain and adequately demonstrate his/her experience in preparing aesthetic landscape designs, for roadway projects and structures (retaining walls and bridges).

Planting and Irrigation (17.2.1): Minimum requirements - The project team must include one landscape architect with a minimum of three years experience in preparing planting and irrigation plans for roadway projects. Preferred requirements - In addition to the minimum requirements, the nominated landscape architect must explain and adequately demonstrate his/her experience in preparing planting and irrigation details for three roadway projects.

3. Special Project Related Experience of Project Manager and Team Members

Minor Roadway Design (4.1.1), Major Roadway Design (4.2.1): Minimum requirements are - Project Manager must be a Registered P.E. for not less than five years and must have work on three similar type projects in the past five years. The Team must have at least a combination of two members to include design technicians or two graduate engineers and must have worked on three minor roadway design projects in the past five years. At least one Professional Engineer Registered for not less than three years and must have worked on not less than three minor roadway designs projects in the past three years. Preferred requirements are - Project Manager must be a Registered P.E. for not less than five years and must have worked on five major roadway projects in the past five years. The Team must have at least a combination of three members to include design technicians or graduate engineers and must have worked on five major roadway design projects in the past five years. At least one Registered Professional Engineer for not less than five years and must have worked on not less than five major roadway design projects in the past five years.

"Special (Similar) Project Related Experience" For the following categories are not applicable for these contracts: Minor Bridge Design (5.1.1), Major Bridge Design (5.2.1), Traffic Control Systems Analysis, Design and Implementation(7.4.1); Signing, Pavement Markings and Channelization (8.1.1), Illumination (8.2.1), Signalization (8.3.1), Hydrologic Studies (10.1.1), and Basic Hydraulic Design (10.2.1).

Design Survey (15.2.1), Aerial Mapping (15.3.1), and Horizontal and Vertical Control for Aerial Mapping (15.4.1): Minimum requirements are - One RPLS with five years of licensed experience and must have worked on three minor roadway design projects in the past five years. Also, the party chief who will be principally charged with the work under these contracts, must have at least five years related experience and must have worked on three minor roadway design projects in the past five years. The team must include at least one individual to demonstrate their experience at preparing horizontal/vertical control, earthwork, and miscellaneous data collection for three minor roadway design projects in the past five years. Preferred requirements are - One RPLS with five years of licensed experience and must have worked on five major roadway design projects in the past five(5) years. Also must have one experienced party chief with at least seven (7) years related experience and must have worked on five major roadway design projects in the past five years. The team must include at least one individual who is experienced in GPS data collection, SDMS, CAICE, preparing horizontal/vertical control (digital terrain models) and topographic files for five major roadway design projects in the past five years.

"Special (Similar) Project Related Experience" For the following categories are not applicable for these contracts: Functional and Aesthetically Pleasing Outdoor Spaces (17.1.1) and Planting and Irrigation (17.2.1)

4. Evidence of compliance with Assigned DBE/HUB Goal: A provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at 915-774-4278, or by hand delivery to TxDOT, El Paso District, Attention: Mark Longenbaugh, P. E., 212 North Clark, El Paso, Texas or by mail to P.O. Box 10278, El Paso, Texas 79994-0278. Letters of interest will be received until 5:00 p.m., Mountain Standard time, on Date Friday, March 6, 1998.

Letter of Interest Requirements: The letter of interest is limited to three 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices), and must include RFP 24-8RFP5001; an organizational chart containing names, addresses, telephone number and fax number of the prime provider and any subproviders proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Mark Longenbaugh, P. E., at 915-774-4258 or fax number 915-774-4278.

TRD-9802000

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: February 11, 1998

Texas Workers Commission

Public Hearing for Choices Rules

The Texas Workforce Commission (Commission) will conduct a PUBLIC HEARING on the proposed CHOICES Rules concerning the Work Skills Training Program, the Subsidized Employment Program, the Texans Work Program, the Self-Employment Assistance Program, and the Wheels for Work Program to receive comments on the proposed rules as published in the Texas Register on January 2, 1998 at (23 Tex Reg 101) beginning at: