TITLE in-addition

Texas Department of Agriculture

Notice of Extension of Comment Period

The Texas Department of Agriculture hereby extends the period for submission of comments on a proposed amendment to §9.4 of the department's seed quality rules. The proposal was published in the December 26, 1997, issue of the Texas Register (22 TexReg 12643). The comment period is extended through February 20, 1998. Comments on the proposal may be submitted to Charles Leamons, Director for Seed Quality, Texas Department of Agriculture, P.O. Box 629, Giddings, Texas 78942.

TRD-9800285

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: January 8, 1998


Office of the Attorney General

Corrections of Error

The Office of the Attorney General submitted Opinions and Request for Opinions, the opinions appeared in the January 2, 1998, issue of the Texas Register , (23 TexReg 12).

Under Opinions-DM-460, line one, the name of the requestor should read Jose R. Rodriguez.

Under Request for Opinions-RQ-1047, line four and five, the cite Texas Civil Statutes, should only appear once.


Brazos Valley Workforce Development Board

Request for Proposal for the Brazos Valley Workforce Centers

Request for Proposals (RFP): The Brazos Valley Workforce Development Board is seeking proposals for the staffing and management of its workforce centers, incorporating, at a minimum, JTPA, JOBS, and FSE & T. Archetype, Incorporated has been selected as an independent consulting firm to manage the procurement process for the Board. Copies of the RFP may be obtained by faxing a request to Don Shepard, President of Archetype, Incorporated, at (512) 343-7392. Proposals will be accepted until 5:00 p.m. on February 27, 1998 at the offices of Mark Schiffgens, CPA at 940 East 51st Street, in Austin, Texas, 78751. A bidder's conference will be held on January 26, 1998 at 11:00 a.m. in the Brazos Valley Workforce Center, located at 1905 South Texas Avenue in Bryan, Texas, to release the RFP and answer any questions regarding the bidding process. This bidder's conference is not mandatory an interested parties that are unable to travel to the conference may pose questions via fax at the number provided above until one week before the proposals are due. Answers to questions submitted by individual agencies will be shared, via fax, to all prospective bidders, usually within one week of receipt by Archetype, Inc. BVWDB reserves the right to accept or reject any proposals.

TRD-9800611

Fred Jackson

Chair

Brazos Valley Workforce Development Board

Filed: January 14, 1998


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of January 6, 1997, through January 13, 1997:

FEDERAL AGENCY ACTIONS:

Applicant: Trans Texas Gas Corporation; Location: State Tracts 331, 332, 349, 350, and 351, Offshore Galveston County, Gulf of Mexico; Project Number: 98-0013-F1; Description of Proposed Action: The applicant proposes to install, operate and maintain a 20-inch natural gas and condensate right-of-way pipeline. The pipeline will originate from Trans Texas' Production Platform ''A'' located in State Tract 331 and transverse through State Tracts 332, 351 and 350, and terminate at a proposed hot tap valve assembly on Tejas' (formerly Amoco) existing 18-inch pipeline in State Tract 349; Type of Application: U.S.C.O.E. permit application #20643(01)/007 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Army Corps of Engineers - Galveston District; Project Number: 98-0005-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the Brazos Island Harbor to Brownsville Channel. Two options for beneficial use of dredged material were evaluated. One option was found not to have reasonable costs in proportion to their benefits. The other option, placing material on the beach, appears to satisfy CMP criteria. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to federal approval of the CMP. The applicant has identified Coastal Natural Resource Areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: U.S. Army Corps of Engineers - Galveston District; Project Number: 98-0006-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the Brazos Island Harbor to Fishing Boat Harbor. Options for beneficial use of dredged material were evaluated and found not to have reasonable costs in proportion to their benefits. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to federal approval of the CMP. The applicant has identified Coastal Natural Resource Areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: U.S. Army Corps of Engineers - Galveston District; Project Number: 98-0007-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the Channel to Harlingen. One option for beneficial use of dredged material were evaluated and found not to have reasonable costs in proportion to the benefits. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to federal approval of the CMP. The applicant has identified Coastal Natural Resource Areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: U.S. Army Corps of Engineers - Galveston District; Project Number: 98-0008-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the Freeport Harbor and Channel. Two options for beneficial use of dredged material were evaluated and found not to have reasonable costs in proportion to their benefits. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to federal approval of the CMP. The applicant has identified Coastal Natural Resource Areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: U.S. Army Corps of Engineers - Galveston District; Project Number: 98-0009-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the Jewel Fulton Channel. One option for beneficial use of dredged material were evaluated and found not to have reasonable costs in proportion to the benefits. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to federal approval of the CMP. The applicant has identified Coastal Natural Resource Areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495.

TRD-9800557

Garry Mauro

Chairman

Coastal Coordination Council

Filed: January 14, 1998


Comptroller of Public Accounts

Notice of Consultant Contract Award

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 24, 1997, issue of the Texas Register (22 TexReg 10549).

The consultant will assist the Comptroller in conducting a management and performance review of the Port Arthur Independent School District, and will produce periodic progress reports and assist in producing a final report. These reports shall include analyses and recommendations to contain costs, improve management strategies, and to promote better education through school administrative efficiency.

The contract is awarded to MGT of America, 2425 Torreya Drive, Tallahassee, Florida 32303. The total dollar value of the contract is not to exceed $125,000.00 in the aggregate. The effective date of the contract was December 17, 1997, and it extends through August 31, 1998. MGT of America, Inc. is to assist the Comptroller in preparing a final report which will be made public on or about May 29, 1998.

TRD-9800375

Walter Muse

Legal Counsel

Comptroller of Public Accounts

Filed: January 9, 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 01/19/98 - 01/25/98 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 01/19/98 - 01/25/98 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-9800464

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 13, 1998


Texas Education Agency

Notice of Extention of Deadline

The Texas Education Agency (TEA) published Request for Applications (RFA) 701-98-001, concerning the Technology in Integration (TIE) program, in the December 19, 1997, issue of the Texas Register (22 TexReg 12607). The TEA is extending the deadline for receiving applications from March 5, 1998, to March 19, 1998.

For clarifying information about the RFA, contact Delia R. Duffey, Division of Instructional Technology, Texas Education Agency, at (512) 463-9401 or by e-mail at: dduffey@tea.tetn.net.

TRD-9800568

Criss Cloudt

Associate Commissioner for Policy Planning and Research

Texas Education Agency

Filed: January 14, 1998


General Services Commission

Notice of Request for Proposals

Introduction : Notice of Request for Proposals (RFP) to provide energy engineering services to Texas publicly-supported institutions. In accordance with the Texas Government Code, §2305.038, the General Services Commission/State Energy Conservation Office (GSC/SECO) invites proposals from qualified individuals, independent engineering firms, and institutions of higher education that specialize in the delivery of energy engineering services such as energy management training, on-site energy assessments, and third-party options for financing capital energy projects in Texas public schools, small hospitals and local governments.

The GSC/SECO, alone and in collaboration with other state and federal entities, administers a variety of federal grants and oil overcharge funds to promote programs which significantly impact energy cost and consumption in the institutional, industrial, transportation and residential sectors of the state. These programs provide (1) technical resources to institutionalize energy efficient practices; (2) financial assistance to implement energy conservation retrofits; and (3) educational materials to make the public aware of the necessity for an energy efficient society. The GSC/SECO has received funding from federal grants and oil overcharge court settlements. These monies have funded a myriad of energy-related programs which focus on energy efficiency.

One of these programs, the Local Government Energy Management Program, provides a range of integrated services to assist entities set up and maintain locally controlled energy management programs. Services to be provided through the program include: (1) energy manager training workshops, (2) partnership ventures to assist entities develop and maintain customized energy management programs, (3) on-site energy evaluations to identify energy-saving potential, and (4) assistance in identifying and evaluating third-party options for financing capital energy projects. The Program is funded with oil overcharge funds appropriated by the 75th Texas Legislature for the purpose of promoting the efficient use of energy resources as well as facilitating the implementation of energy conservation retrofit measures for the target audience.

Copies of the RFP : To receive an information package which contains requirements and procedures regarding this RFP, contact: Richard P. Taylor, Program Administrator, General Services Commission/State Energy Conservation Office, 200 East 10th Street, Suite 201, Austin, Texas 78701, Telephone (512) 463-1779.

Pre-Proposal Conference : All potential proposers are encouraged to attend a pre-proposal conference which will be conducted in Austin from 1:00 p.m. to 2:00 p.m. on January 29, 1998 in the GSC/SECO, located at 200 East 10th Street, Room 227, Austin, Texas 78701. The purpose of this meeting is to answer any questions regarding the RFP, the required format, or the evaluation process. IT IS NOT MANDATORY TO ATTEND THE PRE-PROPOSAL CONFERENCE.

Written Questions : Questions concerning this RFP that arise after the Pre-Proposal Conference must be submitted in writing to Richard P. Taylor, GSC/SECO, P.O. Box 13047, Austin, Texas 78711-3047, or transmitted by facsimile number (512) 463-7806 by 5:00 p.m. on February 13, 1998.

Closing Date for Receipt of Proposals : One original together with (7) copies of the sealed proposal should be sent to: Richard P. Taylor, General Services Commission, State Energy Conservation Office, P.O. Box 13047, Austin, Texas 78711-3047.

For hand deliveries, the GSC/SECO is located on the second floor of the Thomas Jefferson Rusk State Office Building, 200 East 10th Street, Suite 201, Austin, Texas 78701. Hand deliveries will be time and date stamped. In order to be considered, proposals must be postmarked or received no later than 5:00 p.m. on February 23, 1998. Proposals received after that time, and proposals submitted by facsimile will not be considered. Proposals should be concise, clearly written, and conform to the instructions in the (Proposal Format) of the RFP.

Selection Criteria : Proposals will be reviewed by a committee (Review Panel) which will consist of GSC/SECO staff and/or other technical advisors. Proposals will be evaluated according to the following weighted criteria:

(1) Demonstrated knowledge of and experience with (1) state-of-the-art energy efficient building technologies (including renewable energy technologies) particularly applicable to K-12, small hospital and local government facilities; (2) energy-related maintenance and operation procedures critical to efficient building operation; (3) traditional and current topics or issues related to energy-efficient building operation; and (4) performance contracting for energy services and equipment financing. (10 points maximum for each of the four categories listed previously/40 points maximum for this section.)

(2) Demonstrated knowledge of energy accounting principles, including current utility rate schedules. (20 points maximum for this section.)

(3) Experience and success in providing a range of energy management training sessions, particularly for the target audience. (15 points maximum for this section.)

(4) Ability to (1) commit individuals with experience in conducting assessments of building energy-using systems and with expertise in 1-3 listed previously, and (2) respond to GSC/SECO needs and assignments in a timely manner. (25 points maximum for this section.)

Equal Opportunity : Any contract resulting from this RFP shall contain provisions prescribed by the GSC/SECO that promote equal opportunity and prohibit discrimination in employment.

TRD-9800544

Judy Ponder

General Counsel

General Services Commission

Filed: January 14, 1998


Harris County Flood Control District

Request for Statements

The Harris County Flood Control District requests Statements of Qualification from qualified consulting engineering firms to assist with study efforts for three Federal flood control projects in Harris County, Texas - Brays Bayou, Hunting Bayou, and White Oak Bayou. The projects were designated in the Water Resources Development Act of 1996 to demonstrate the potential advantages and effectiveness of local implementation of Federal flood control projects.

Knowledge and experience with local Harris County Flood Control District methods, Corps of Engineers requirements, public participation, and environmental compliance is required. An information meeting is scheduled for Monday, February 2, 1998, at 10:00 a.m. at the Harris County Flood Control District office, 9900 Northwest Freeway, Houston, Texas 77092. The Statements of Qualification are due in the Harris County Flood Control District office by Friday, February 6, 1998, at 4:30 p.m. Please call Taffy Hernandez at (713) 684-4040 to obtain more detailed information about the projects and requirements for the Statements of Qualification.

TRD-9800545

Steve Fitzgerald

Chief Engineer

Harris County Flood Control District

Filed: January 14, 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.

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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.

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-9800288

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 8, 1998


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.

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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.

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-9800494

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 13, 1998


Notice of Emergency Cease and Desist Order

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Colorado-Fayette Medical Center (registrant M-00492) of Weimar to cease and desist performing mammographic examinations until all requirements are met for mammography phantom images, as described in Texas Radiation Control Regulations. The bureau determined that performing mammography when the images do not meet the minimum regulatory standards constitutes an immediate threat to public health and safety, and the existence of an emergency. Poor image quality may result in missed diagnosis of cancerous or pre-cancerous growths, or cause unnecessary radiation exposure to patients, due to retakes.

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

TRD-9800298

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 8, 1998


Texas Health Care Information Council

List of Hospitals Exempted from Reporting Requirements

Pursuant to the Texas Health and Safety Code, §108.0025 and §108.009(c), the following hospitals were notified that they meet the initial requirements for receiving an exemption from the Council's discharge data reporting requirements. On December 12, 1997, a questionnaire was mailed to the CEO of each hospital. Recipients were asked to respond by no later than December 331, 1997.

As specified in 25 TAC §1301.15(a)(1), hospitals that responded were notified of the status of their exemption request by return mail. Publication of this list in the Texas Register is also mandated under 25 TAC §1301.15(a)(1).

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TRD-9800151

Jim Loyd

Executive Director

Texas Health Care Information Council

Filed: January 8, 1998


Health and Human Services Commission

Public Notice

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal 97-11, Amendment Number 535.

The amendment clarifies that the reimbursement methodology currently in effect for physician services and services provided in an outpatient setting will continue through the next biennium. The amendment is effective August 1, 1997.

If additional information is needed, please contact Genie DeKneef, Texas Department of Health, at (512) 388-6509.

TRD-9800553

Marina S. Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: January 14, 1998


Texas Department of Housing and Community Affairs

Notice of Request for Proposal for the Procurement of Services

The Texas Department of Housing and Community Affairs (TDHCA) invites proposals from experienced and qualified consulting organizations for the purposes of expanding homeless services in underserved areas of Texas. The primary task of the consulting organization will be to assist nonprofit organizations within a predetermined target area in the development of an application in response to the pending Notice of Fund Availability (NOFA) for Continuum of Care Assistance from the U.S. Department of Housing and Urban Development (HUD). The consulting organization will be responsible for the following types of activities:

PRIMARY ACTIVITIES:

(A) Identification of groups and organizations with which to work to develop the Continuum of Care application

(B) Evaluating current continuum of care system within the predetermined target area

(C) Identification and evaluation of the service needs within the target area

(D) Development of projects to meet the identified service needs within the target area

(E) Preparing Continuum of Care application

(F) Assist target area with enhancing local coalition and with preparing for the submission of future Continuum of Care applications.

Interested consulting organizations should submit a brief proposal that includes (1) documentation of the success of their organization in completing and submitting an application in response to the HUD Continuum of Care Assistance NOFA; (2) a letter of interest with a brief narrative description of the proposed project; and, (3) a proposed budget to accomplish the task. The proposal which documents the most success in applying for previous HUD Continuum of Care Assistance NOFAs in addition to a well organized narrative description and reasonable budget will be chosen. The deadline for submission of proposals is 5:00 p.m. Thursday, February 5, 1998. the proposed Proposals may be mailed to Community Services Section, Attention: E.E. Fariss, Program Administrator, Planning and Contracts Management, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941, or may be hand-delivered to our street address at 507 Sabine Street, Suite 600, Austin, Texas.

TRD-9800550

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 14, 1998


Request for Proposals for Inspection Services

The Texas Department of Housing and Community Affairs (TDHCA) is issuing this Request for Proposals (RFP) for inspection services. The services may include a wide range of inspections for projects involving rehabilitation and/or new construction of single family and multi-family housing during the construction phase and upon completion. Assistance may also be required in conducting inspection of Housing Quality Standards, Accessibility Standards for Disabled Persons and any other standards required by the Department.

The pool of approved firms will be the source from which the Department and TDHCA program applicants and recipients may choose to contract for Required Services. The Department and/or program applicants or recipients will contract directly with the pre-approved service provider of their choice as established by TDHCA program guidelines. Organizations which may require these services would include, but not be limited to Units of State and Local Government, Public Housing Agencies, State Certified Community Housing Development Organizations (CHDO's), Non-Profit Organizations, and For Profit Organizations.

The inspection firm may be required to perform one or more of the following inspections:

a. Civil

b. Structural

c. Building Layout

d. Foundation

e. Framing

f. Insulation

g. Electrical, Mechanical, Plumbing Rough-in

h. Drywall

i. Electrical, Mechanical, Plumbing Final

j. Building Final

k. Individual property conditions inspection of a minimum of 35% of the units of every building to ensure a fair and reasonable sampling.

l. Local building code inspection (1994 Uniform Building Code to be used in the absence of local building codes).

m. Other inspections as may be required, such as environmental, asbestos, and lead based paint

n. Housing Quality Inspections (minimum standards provided by TDHCA)

The scope of services will typically follow the process of (1) data collection, (2) analysis, (3) data organization and identification or problems, (4) review and assessment of data and recommendation, (5) statement of probable cost, (6) development of reports or contract documents.

General Information. TDHCA reserves the right to accept or reject any, or all, proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA. In the event TDHCA selects a firm to provide the services described, TDHCA will base its choice on demonstrated competence and qualifications and the reasonableness of the fee for services. This request does not commit TDHCA to pay for any costs incurred prior to execution of a contract and is subject to availability of funds. Issuance of this proposal in no way obligates TDHCA to contract for inspection services or to pay any costs incurred in the preparation of a response.

Proposals must be received at TDHCA headquarters no later than 4:30 p.m. on February 23, 1998 . Please contact Yvonne Flores with the Department's Low Income Housing Tax Credit Program at 512-475-3340 to request an RFP packet or for more information.

TRD-9800362

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 9, 1998


Texas Department of Human Services

Public Notice-Closed Solicitation for Donley County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC §19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is closing the solicitation for new Medicaid beds in Donley County, County Number 065, which appeared in the September 17, 1993, issue of the Texas Register (18 TxReg 6365). The solicitation is being closed effective the date of this public notice.

TRD-9800521

Glenn Scott

General Counsel, Legal Services

Texas Department of Human Services

Filed: January 13, 1998


Texas Department of Insurance

Insurer Services

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

Application to change the name of FINANCIAL SECURITY ASSURANCE OF MARYLAND, INC. to ACA FINANCIAL GUARANTY CORPORATION, a foreign property and casualty company. The home office is located in Potomac, Maryland.

Application to change the name of FINANCIAL BENEFIT LIFE INSURANCE COMPANY to FINANCIAL SAVERS LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Boca Raton, Florida.

Application to change the name of AMERICAN POLICYHOLDERS INSURANCE COMPANY to VILLANOVA INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Philadelphia, Pennsylvania.

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-9800275

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 8, 1998


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

Application to change the name of NETWORK AMERICA LIFE INSURANCE COMPANY to PENN TREATY AMERICA INSURANCE COMPANY, a foreign life company. The home office is located in Allentown, Pennsylvania.

Application to change the name of NORTHWESTERN NATIONAL COUNTY MUTUAL INSURANCE COMPANY to FARM BUREAU COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, a domestic mutual company. The home office is located in Waco, Texas.

Application for admission in the State of Texas for THE DENTAL CONCERN, INC, a foreign HMO. The home office is located in Louisville, Kentucky.

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-9800514

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 13, 1998


Third Party Administrator Application

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

Application for admission to Texas of Cher A. Bumps & Associates, Inc., a foreign third party administrator. The home office is Oklahoma City, Oklahoma.

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-9800515

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 13, 1998

Legislative Budget Board

Proposed Legislative Budget Board Procedures Pertaining to School Finance Studies

CODE §42.007

1. Legislative Budget Board staff will study and report on the following topics in accordance with Texas Education Code, §42.007: Regular Program; Fiscal Neutrality; School Facilities; Compensatory Education; Special Education, including a review of the Admission, Retention and Dismissal (ARD) process.

2. Legislative Budget Board staff will hold an open meeting to discuss the proposed fiscal studies prior to beginning research and analysis. This meeting is scheduled for February 4, 1998, at 9:00 a.m. in room E1.036 of the Capitol Extension. At this meeting, staff will take testimony and written comments concerning the proposed research topics.

Meeting participants representing the education community will be invited to attend the meeting. These will include representatives from the Texas Association of School Boards, Texas Association of School Administrators, Mexican American Legal Defense and Education Fund (MALDEF), Equity Center, Advocacy Inc., and the Association of Retarded Citizens (ARC) of Texas.

Interested individuals from other branches of State Government and the education community will be invited to observe the meeting. These will include representatives from the offices of the Governor, Lieutenant Governor, Speaker of the House, House Appropriations Committee, House Public Education Committee, Senate Finance Committee, Senate Education Committee, Texas Education Agency, Comptroller of Public Accounts, and the Texas Center for Educational Research.

3. Legislative Budget Board staff will hold a subsequent open meeting to discuss the findings of the study upon completion.

4. Legislative Budget Board staff will report the results of the studies to the 76th Legislature prior to the start of its regular session.

TRD-9800860

John Keel

Executive Director

Legislative Budget Board

Filed: January 16, 1998


Texas Department of Mental Health and Mental Retardation

Notice of Public Presentation on Medicaid Managed Care In Dallas Service Area

The Texas Commission on Alcohol and Drug Abuse, Texas Department of Health, Texas Department of Mental Health and Mental Retardation, and Texas Health and Human Services Commission will offer a presentation to the public on the proposed model of physical and behavioral health care delivery in the Medicaid managed care program for the Dallas service area. Medicaid managed care will be implemented in Dallas, Collin, Hunt, Rockwell, Ellis, Navarro, and Kaufman counties in July 1999. The public presentation will be held on Tuesday, February 10, 1998, from 4:00-6:00 p.m. at Dallas County Health and Human Services, Health Department Tower, 6th Floor, Room 627, 2377 North Stemmons Freeway, Dallas, Texas.

For further information or to arrange for an interpreter for the deaf or hearing impaired, contact Joy Faught at (512/794-5163.)

TRD-9800559

Ann K. Utley

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: January 14,1998


Texas Natural Resource Conservation Commission

Corrections of Error

The Texas Natural Resource Conservation Commission proposed an amendment to 30 TAC §106.2. The rule appeared in the January 2, 1998, issue of the Texas Register , (23 TexReg 60).

Due to error as submitted. On page 60, ninth paragraph of the preamble, second sentence, was incorrectly printed, it should read “The commission has determined that the use of substances with an ESL below that figure could result in a ground level concentration that may not be protective of human health in all situations.”


Notice of an Application

The following notice of an application was issued on January 9, 1998.

Aluminum Company of America; in care of Jerry Ripp, P.E., P.O. Box 1491, Rockdale, Texas 76567; Application Number RE-0302; applicant seeks approval of preliminary plans to modify 16,300 linear feet of Yegua Creek in Milam County, approximately 5.7 miles south of Rockdale, Texas, pursuant to Section 16.236 of the Texas Water Code and the Texas Natural Resource Conservation Commission ("TNRCC" or the "Commission") Rules 30 TAC Chapters 281 and 301. The channel modifications will provide protection to the natural waters, the mine offices and facilities infrastructure, and the surface coal mining activities. The project consists of four phases that will modify a total of 16,300 linear feet of Yegua Creek to a bottom width of 20 to 51 feet, an average depth of 5 to 35 feet, and sides slopes of 4 to 1. Earth removed for the channel will be placed in adjacent areas which will not impede flood flows, but will allow the mining of lignite within the Yegua Creek floodplain. After the lignite has been mined, the original Yegua Creek channel will be restored to approximate the original contours. The diversion channel will be removed and the affected areas regraded to blend with the proposed post-mining contours. Bottom land and floodplain vegetation will be re-established following restoration of the topography. If the plans are approved by the Commission, construction will begin within one month and be completed within four years from the date of Commission approval.

If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court.

If you wish to appeal preliminary plans approved by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director approves the plans.

Requests for a public hearing must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. 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.

TRD-9800600

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 14, 1998


Notice of Applications for Waste Disposal/Discharge Permits

Attached are Notices of Applications for waste disposal/discharge permits issued during the period of December 18th 1997 through January 9, 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.

CHIRENO INDEPENDENT SCHOOL DISTRICT, P.O. 85, Chireno, Texas 75937; the Chireno ISD Wastewater Treatment Facilities are located on the north side of Farm-to-Market 95, approximately 1/2 mile south of the junction of Highway 21 and Farm-to-Market Road 95 in Nacogdoches County, Texas; new; 13917-001.

ELI SASSON, 6776 Southwest Freeway #350, Houston, Texas 77074, the Green Road Mobile Home Park Wastewater Treatment Facilities, the facilities are located north of Greens Bayou; approximately 3,150, feet west of the intersection of Greens Road and Aldine Westfield Road; 5,100 feet east of the intersection of Greens Road and Hardy Road in Harris County, Texas; new; Permit Number 11414-002.

UNITED STATES DEPARTMENT OF AGRICULTURE, Forest Service, 701 North First Street, Lufkin, Texas, the Caney Creek Recreation Area Wastewater Treatment Facilities are located in the Angelina National Forest, approximately 5.8 miles southeast of the intersection of State Highways 63 and Farm-to-Market Road 2743 near the Caney Creek Recreation Area, on the north side of Forest Service Road 336 and approximately 1,000 feet from Sam Rayburn Reservoir in Angelina County, Texas; new; Permit Number 12263-005.

CITGO REFINING AND CHEMICALS COMPANY, L.P., P.O. Box 9176, Corpus Christi, Texas 78469-0321 ;a petroleum refinery which manufactures gasoline, LPG Number 2 oil (diesel), sulfur, and petroleum coke. The wastes managed by the facility include hazardous wastes and Class 1, Class 2 and Class 3 non-hazardous industrial solid wastes; The facility is located at 1801 Nueces Bay Boulevard, north on Interstate Highway 37 approximately 1.75 miles after the intersection of State Highway 358 (Padre Island Drive) and Interstate Highway 37 in Corpus Christi, Nueces County, Texas; Proposed Permit Number HW50353; 45 day notice.

RED RIVER ARMY DEPOT, Commander, SIORR-OL, Texarkana, Texas 75507-5000; an industrial hazardous waste management facility. Wastes are generated on-site and include wastes associated with the maintenance of light and medium tracked vehicles and weapon systems, and from x-ray, renovation and demilitarization of a wide variety of munitions and explosives. The facility is located on approximately 14,000 acres approximately one-fourth mile south of exit #206 of U.S. Interstate Highway 30 in Bowie County, Texas; Major Amendment to Permit Number HW50178; 45 day notice.

TRD-9800598

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 14, 1998


Notice of Award

The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of a consulting services contract for developing a Consolidated Uniform Report for the Environment (CURE) policy.

Description of Contract. The consultant will: Analyze a variety of source documents, including regulations and the stakeholder needs assessment, as input for the CURE policy; Portray how the CURE policy would work; Facilitate reviews of the CURE policy at pilot sites and analyze the results; Compare the CURE to existing policies, rules, and statues to determine the changes needed to implement CURE for C&E facilities and other sectors; Document the project's process and results for each activity in a report; and Support TNRCC's communication with and outreach to stakeholders. Primary funding for this contract is provided by the U.S. Environmental Protection Agency.

Effective Date and Value of Contract. The contract dates are December 19, 1997 through April 30, 1999. The total cost of the contract is $230,000.

Deliverable Due Dates. The deliverables are due on the schedule provided below. All deliverables must be completed and approved prior to the contract completion date, April 30, 1999. Required deliverables and final due dates are listed as follows: 1-1 Work plan report: March 1, 1998; 2-1 Policy Outline: May 1, 1998; 2-2 Form and meta-data: June 1, 1998; 2-3 Comparison: September 1, 1998; 3-1 Presentations on logical design and external ("look and feel") prototype: June 1, 1998; 3-2 Copies of and documentation for logical design and external ("look and feel") prototype: June 1, 1998; 4-1 Metrics to measure CURE efficiency and effectiveness: June 1, 1998; 4-2 Materials for & participation in meetings and trainings: as requested; 4-3 Pilot results report: February 1, 1999; 5-1 Present change strategies: February 1, 1999; 5-2 "Roadmap" Report: February 1, 1999; 6-1 Facilitate workgroup meetings: as requested; 6-2 Materials for meetings/outreach: as requested; 6-3 Logistical support for meetings/outreach: as requested; 6-4 Outreach/publicity strategy: April 30, 1999; 7-1 Files and raw data: April 30, 1999.

Name of the Contractor. The consultant is RFD and Associates, Inc. The address for RFD and Associates is 1210 West Fifth Street, Austin, TX 78703.

TRD-9800536

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: January 13, 1998


Notice of Receipt of Application and Declaration of Administrative Completeness

Amended Notice Of Receipt Of Application And Declaration Of Administrative Completeness For Municipal Solid Waste Management Facility

For The Period of January 5, 1998 to January 9, 1998

APPLICATION BY BFI WASTE SYSTEMS OF NORTH AMERICA, INC., Proposed Permit Amendment Number MSW1948-A, to authorize an amendment for vertical expansion of an existing Type I Municipal Solid Waste Landfill for the disposal of municipal solid waste and to authorize the disposal of Class 1 nonhazardous industrial solid waste. The facility proposes to receive approximately 606 tons of solid waste per day for disposal or processing. The existing site is in Hidalgo County, approximately 3.2 miles north of Donna, Texas, within the ETJ of the City of Donna. It is approximately one-fourth mile east of FM 493, with access to the landfill from Mile 12 North Road.

If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations.

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, 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.

TRD-9800599

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 14, 1998


Provisionally-Issued Temporary Permits to Appropriate State Water

Listed below are permits issued during the period of January 13, 1998

Application Number TA-7907 by Intercontinental Terminals Co. for diversion of 40 acre-feet in a 1-year period for industrial (hydrostatic testing) use. Water may be diverted from Buffalo Bayou (Houston Ship Channel), San Jacinto River Basin, approximately 15 miles east of Houston, Harris County, Texas near the crossing of Tidal Road and Buffalo Bayou (Houston Ship Channel).

Application Number TA-7908 by Sonat Exploration Co. for diversion of ten acre-feet in a one year period for mining (oil & gas well drilling) use. Water may be diverted from the Pecos River, Rio Grande Basin, approximately 25 miles southwest of Ozona, Crockett County, Texas and one mile southwest of the Brown-Bassett/JM low water crossing and the Pecos River.

Application Number TA-7910 by Water Partners for diversion of ten acre-feet in a one year period for mining (oil & gas well drilling) use. Water may be diverted anywhere in the Rio Grande Watershed in Hidalgo, Starr and Cameron Counties, Texas, Rio Grande Basin.

Application Number 7911 by Vintage Petroleum, Inc, for diversion of ten acre-feet in a one year period for mining (oil & gas well drilling) use. Water may be diverted from the San Marcos River, Guadalupe River Basin, approximately 18 miles northeast of Seguin, Guadalupe County, Texas at the crossing of an unnamed county road and the San Marcos River and approximately four miles northwest of the crossing of US Hwy 90 and the San Marcos River.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in §295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

TRD-9800601

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 14, 1998


Request for Proposal-Texas Community Waste Reduction Outreach Project

The Texas Natural Resource Conservation Commission (TNRCC), under the authority granted in the Consulting Services Procurement Act, Texas Government Code, §2254, Chapter B, solicits qualified consulting firms to submit proposals to develop and provide outreach and training to enable Texas communities and organizations institute economically and environmentally responsible waste reduction programs.

Project Objective. The Texas Community Waste Reduction Outreach Project is to provide waste minimization, composting, and recycling outreach and training for Texas communities and organizations. Services to be provided by the consultant include: training community leaders, and solid waste and recycling coordinators in the basics of integrated waste management, source reduction, recycling, and consumer purchasing for waste reduction, recycled content, and recyclability; providing information to city elected officials and staff on the benefits of membership in TNRCC's Clean Cities 2000 program; recruiting public, private, educational, and non-profit organizations for membership in the Clean Texas Star program; recruiting communities and assisting them to initiate local waste reduction projects targeting residential yard trimmings; providing technical assistance and informational materials to communities with YardWise and Master Composter programs; and reporting and advising the TNRCC on the progress of the work.

Proposal Contact Information. Prior to submitting proposals, proposers are encouraged to write or call Andrew Neblett, Director, Office of Pollution Prevention and Recycling (MC 112) Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, telephone - 512/239-3166 or telefax - 512/239-6763, and request a Project Information Packet, which contains details concerning TNRCC's intended scope of work for this project as well as selection criteria and evaluation procedures. The Request for Proposals (RFP) for the Texas Community Waste Reduction Outreach Project will be available for distribution on January 6, 1998.

Proposal Requirements. All proposers must describe the experience and professional qualifications they would bring to the proposed project. Proposers must also set forth clearly and specifically those procedures and methodologies they would use in the course of project design and development.

Submittal Procedures and Response Deadline. In order to be considered, proposals must be prepared and submitted in accordance with the request for proposals (RFP) as part of the Texas Community Waste Reduction Outreach Project Information Packet. Any consultant interested in submitting a proposal must provide one original and three copies of the proposal by certified mail, personal delivery, or express mail as specified in the RFP. Proposals must be received no later than 3:00 p.m. Central Standard time on February 13, 1998. In keeping with environmentally sound practices, proposals must be printed on recycled-content paper using both sides. Late proposals will not be accepted. Upon submittal, the proposals will become the property of the State of Texas. The contents of all proposals shall be considered public record, therefore no confidential, proprietary, or trade secret information should be submitted.

Contract Budget. The consulting contract to be established under this request for proposal will provide for compensation on the basis of invoices submitted by the Consultant, up to the amount contracted for this project.

Procedure for Ranking Proposers. Proposals will be evaluated based on criteria established by the TNRCC. The Project Information Packet fully describes the criteria by which the Proposer's submission will be scored. This criteria focuses on the organization's and key personnel's experience and qualifications relevant to this project, including: Management and administration of complex programs involving volunteer activities in multiple communities and coordination across diverse regions of Texas; Familiarity with the principles and strategies of waste reduction and recycling; Experience in development of educational materials and conduct of training programs; A record of successful implementation of public education, awareness, and recognition programs; and Familiarity with state government environmental programs, including waste minimization and recycling. The completeness, feasibility, and technical merit of the work plan and the cost for services will also be considered.

Final Negotiations. After an initial evaluation of proposals, the TNRCC will choose the best qualified proposal based on the selection criteria and begin negotiating a contract. If the TNRCC is unable to negotiate a satisfactory contract with this proposer, the TNRCC will formally end negotiations with this proposer and begin negotiations with the next best qualified proposer. Negotiations will continue in this manner until a satisfactory contract is secured. No contract will be executed until an affirmative finding of fact has been obtained by the agency.

TRD-9800574

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: January 14, 1998


Texas Parks and Wildlife Department

Corrections of Error

The Texas Parks and Wildlife Department adopted amendments to 31 TAC §57.111. The rule appeared in the December 19, 1997, issue of the Texas Register , (22 TexReg 12535).

The follow errors were made by the Texas Parks and Wildlife Department during the preparation of the documents.

In the definition of “Waste” that appears on page 12538, the incorrect language reads: “...as in Chapter 26 §26.001(5) of the Texas Water Code.”

The correct language should read: “...as in Chapter 26, §26.001(6) of the Texas Water Code.”

In the definition of “Water in the state” that appears on page 12538, the incorrect language reads, “..as in Chapter 26, §26.001(6) of the Texas Water Code.”

The correct citation should read, “as in Chapter 26, §26.001(5) of the Texas Water Code.”


Texas State Board of Pharmacy

Notification of Meeting of Task Force to Develop a List of Narrow Therapeutic Index Drugs

The Texas State Board of Pharmacy Announces that the Task Force to Develop a List of Narrow Therapeutic Index Drugs met on Thursday, January 15, 1998. The meeting was held in the Texas State Board of Pharmacy Conference Room, Tower 3, Suite 600, William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas at 9:30 a.m.

TRD-9800369

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: January 9, 1998


Texas Department of Protective and Regulatory Services

Public Hearing-Services to At-Risk (STAR) Policy Revision.

The Texas Department of Protective and Regulatory Services (TDPRS) will conduct a public hearing to receive comments on the Services to At-Risk (STAR) policy revision. The public hearing will be held on Monday, February 9, 1998 at 2:00 p.m. in the Public Hearing Room of the John H. Winters Center (701 West 51st Street, Austin, Texas, First Floor, East Tower, Room 100). Parking is available at the Winters Center.

Contact person: Please contact Cynthia Ximenes, STAR Program Specialist, (512) 438-3127 for additional information.

Request for copies of the STAR policies can be made by sending written request or faxing a request to Cynthia Ximenes (E-541), Texas Department of Protective and Regulatory Services, P.O. Box 149030, 701 West 51st Street, Fifth Floor, East Tower, Section K, Austin, Texas 78714-9030, (512) 438-3127, Fax (512) 438-2031.

Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Cynthia Ximenes, (512) 438-3127 by February 6, 1998, so that appropriate arrangements can be made.

TRD-9800520

C. Ed Davis

Deputy Commissioner for Legal Services

Texas Department of Protective and Regulatory Services

Filed: January 13, 1998


Request for Proposal-Level of Care Services Support System

Under provisions of the Texas Human Resources Code Chapter 40, the Texas Department of Protective and Regulatory Services (PRS) hereby requests proposals to provide Levels of Care (LOC) Services Support System pertaining to Protective Services for Families and Children (PSFC) programs.

DESCRIPTION OF SERVICES: Services to be provided under this RFP include making clinical determinations of the level of care necessary to meet the child's treatment and service needs; service authorizations and reauthorizations, including those covered by Medicaid; utilization reviews; quality assurance monitoring of residential care; and related resource information and reporting services.

ELIGIBLE APPLICANTS: Eligible applicants include public or private profit or non-profit agencies with demonstrated knowledge, competence, and qualifications in providing similar residential facility quality assurance monitoring services. Funds provided through this project may not be used to replace existing federal, state, or local funding. Eligible applicants who may also be Historically Underutilized Businesses, Minority or Women's Enterprise Businesses, and Small Business Enterprises are encouraged to apply by notifying the contact person named as follows.

CLOSING DATE AND TIME FOR RECEIPT OF OFFERS: The last date and time that offers and modifications of offers will be received is February 24, 1998, Tuesday, at 4:00 p.m. Proposals received after the deadline will be accepted only if received by next day delivery and with proof of mailing at least two days prior to the deadline. Modifications to the original proposal must also be received by the February 24, 1998, deadline. PRS shall be the sole and final arbitrator of when offers and modifications are received.

NECESSARY CREDENTIALS: A panel of PRS designated personnel and others deemed appropriate by PRS who have no conflicts of interest will assess incoming proposals to determine if potential contractors have (1) provided detailed and ample service description, (2) demonstrated relevant prior experience of organization and of key assigned staff, and (3) made an offer of reasonable, necessary, and allowable costs that are appropriately allocated to effectively and efficiently implement the services requested under the RFP. These credentials are deemed necessary for providing the services further described in the RFP.

TERM AND TOTAL VALUE: The contract is projected from September 1, 1998, through August 31, 1998. Funding is projected not to exceed $990,000.00 during the period of Texas Fiscal Year 1998 (9/98 through 8/99). Additional funds may be made available to continue this project through 2002. Funding will be dependent upon available federal and state appropriations for these services.

LIMITATIONS: PRS reserves the absolute right to reject in whole or in part any and all offers received in response to the Request for Proposals, and to amend, suspend, or cancel the Request for Proposals in whole or in part if it is deemed in PRS' best interest. PRS does not guarantee that any quantity or kind of services, goods, customers, etc., will be made available to any offeror or contractor under this RFP. PRS shall not reimburse costs incurred in applying for this RFP.

CONTACT PERSONS AND OFFEROR'S CONFERENCE NOTICE: Requests for Proposal (RFP) packets may be obtained by writing to or calling the designated PRS purchasing officer as follows: Attention: Deborah Williams, Texas Department of Protective and Regulatory Services, Purchased Services E-559, Winters Building, 701 West 51st Street, P. O. Box 149030, Austin, Texas 78714-9030 (78751), at telephone number 512-438- 3862. Also, designated to answer incoming inquiries concerning program matters on this RFP is Margaret Monk, PRS-CPS Program Management, at the same telephone number. Official replies to inquiries will be in writing only from these designated PRS personnel. An Offeror's Conference has been tentatively scheduled for Wednesday, February 11, 1998, at PRS headquarters, in the Winters Building, 701 West 51st Street, Austin, Texas 78751. Please call the designated purchasing officer for further details on the conference. Persons with disabilities who will participate in this RFP and who need auxiliary aids or other services or items for reasonable accommodations are requested to contact the designated purchasing officer, Deborah Williams at 512-438-3862, within 72 hours of the Offeror's Conference.

TRD-9800563

C. Ed Davis

Deputy Commissioner for Legal Services

Texas Department of Protective and Regulatory Services

Filed: January 14, 1998


Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On January 12, 1998, DeLoach's Home Entertainment Centers, Inc., doing business as Rent City filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60076. Applicant intends to expand its geographic area to include all areas in Texas currently serviced by Southwestern Bell Telephone Company and GTE-Southwest, Inc.

The Application: Application of DeLoach's Entertainment Centers, Inc., d/b/a Rent City for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18493.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than January 28, 1998. You may contact the PUC 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. All correspondence should refer to Docket Number 18493.

TRD-9800528

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


Notice of Application for Approval of Recovery of Costs and Lost Revenue Pursuant to Public Utility Commission Substantive Rule 23.49(c)(12)

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 18, 1997, pursuant to Public Utility Commission Substantive Rule 23.49(c)(12) for authority to recovery lost revenues and costs of implementing expanded local calling service.

Docket Style and Number: Application of Southwestern Bell Telephone Company to Recover Lost Revenues and Cost of Implementing Expanded Local Calling Service Pursuant to Public Utility Commission Substantive Rule 23.49(c)(12). Docket Number 18513.

The Application: Southwestern Bell Telephone requests authority to recover a total annual shortfall of $26,826,817. Southwestern Bell Telephone Company seeks approval to impose a monthly surcharge of $0.26 on each access line that is not currently paying the maximum expanded local calling service rate of $3.50 for residence and $7.00 for business. In addition, Southwestern Bell Telephone Company states that surcharges are included for those customers in expanded local calling service exchanges who cannot be charged the full $0.26 without exceeding the $3.50 or $7.00 rate. Southwestern Bell Telephone Company's application is the result of implementing 435 expanded local calling service projects involving more than 1,000 interexchange routes.

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 tility Commission Office of Customer Protection at (512) 936-7120 within 15 days of the date this notice is published. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9800262

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 1998


Notice of Application for Rate Group Reclassification

Notice is given to the public of the filing with the Public Utility Commission of Texas on December 18, 1997, an application in accordance with the Public Utility Regulatory Act, Texas Utilities Code Annotated, §58.058 (Vernon 1998) (PURA) and Public Utility Commission Substantive Rule §23.24.

Docket and Title Number. Application of Southwestern Bell Telephone Company for Approval to Change the Rate Group Classification of 52 Exchanges in Texas. Docket Number 18509.

The Application. SWBT seeks approval to change the rate group classification of 52 of its 300 exchanges in Texas, which is the result of changes in the number of exchange access arrangements, i.e., access lines. SWBT states that the rate group reclassification does not include any changes in access lines as a result of the provision of optional Extended Area Service (EAS) or Expanded Local Calling Services (ELCS). A typical customer's bill for a basic local service one-party line will increase from $2.40 to $7.80 annually for residence and from $5.40 to $36 annually for business.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18509.

TRD-9800529

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


Notice 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 January 12, 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 Future Communications for a Service Provider Certificate of Operating Authority, Docket Number 18639 before the Public Utility Commission of Texas.

Applicant intends to resell local exchange service including tone dialing, custom calling, Caller ID, toll restriction, prepaid long distance, bill number screening and any other services which are available on a resale basis from the underlying incumbent local exchange companies to other certificated carriers within the Applicant's service area.

Applicant's requested SPCOA geographic area includes the geographic areas of the following incumbent local exchange companies: Southwestern Bell Telephone Company, GTE- SW, United Telephone Company of Texas, Inc., Lufkin-Conroe Telephone Exchange, Inc., Texas Alltel, Inc., Livingston Telephone Company, and Eastex Telephone Cooperative, Inc.

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 January 28, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9800535

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


Notice 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 200 station addition to the existing PLEXAR-Custom service for Edinburg ISD in Edinburg, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 200 Station Addition to the Existing PLEXAR-Custom Service for Edinburg ISD in Edinburg, Texas Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 18634.

The Application: Southwestern Bell Telephone Company is requesting approval for a 200 station addition to the existing PLEXAR-Custom service for Edinburg ISD in Edinburg, Texas. The designated exchange for this service is the Edinburg exchange, and the geographic market for this specific PLEXAR-Custom service is the Brownsville 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-9800459

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 1998


Notice of Petition for Rulemaking

The Public Utility Commission of Texas (commission) has received a petition for rulemaking, designated as Project Number 18615, from the Texas Payphone Association, Inc. (TPA). The petition, which was filed on January 2, 1998, requests that the commission amend Substantive Rule §23.54(d)(4)(A)(x) (the Rule) to allow pay telephone service providers to provide access to incumbent local exchange carrier (ILEC) operators by dialing a three-digit access code specified by the pay telephone service provider. The Rule presently states that a payphone must provide users access to the ILEC operator by dialing "0" or "00" access codes. The TPA argues that the Rule, as adopted, has an adverse financial impact on payphone service providers and may inconvenience payphone users because the use of "0" or "00" access codes for ILEC operators may redirect operator traffic away from operator service providers contracted to provide services for each payphone.

Comments on the petition may be filed not later than February 13, 1998. Persons who are interested in obtaining a copy of the petition for rulemaking may do so by contacting the commission's Central Records Office, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All inquiries and comments concerning this petition for rulemaking should refer to Project Number 18615.

TRD-9800474

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


Notice of Workshop on Customer Survey and Assessment of Interchange

The Public Utility Commission of Texas (PUC) will conduct a public, staff level workshop as part of a customer survey and assessment of the PUC's Interchange System, at 10:00 a.m. on Tuesday, February 3, 1998. The purpose of this workshop is to assess the customer's perception as to the quality of service they are receiving while using the PUC's Interchange System. The PUC would like to find out from the users of the PUC's Interchange System:

1. What do you like about the Interchange?

2. What problems have you encountered in using the Interchange?

3. How do you feel the Interchange could be improved?

The workshop will be conducted in the commissioner's hearing room located on the 7th floor of the William B. Travis building, located at 1701 North Congress Avenue, Austin, Texas, 78701. Please call Iris Ericson at (512) 936-7099 to register for the workshop. Any other questions in regards to the workshop should be directed to Marco Zamora at (512) 936-7095.

TRD-9800537

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 1998


Notice of Workshop on PUC Customer Satisfaction Assessment

The Public Utility Commission of Texas (PUC) will conduct a public, staff level workshop as part of a survey and assessment of customer satisfaction with services provided by the PUC, from 1:30 - 3:00 p.m. on Tuesday, February 3, 1998. The purpose of the workshop is to assess the level of satisfaction among groups of customers who receive PUC services. Pursuant to a provision of the General Appropriations Act (Article IX, Section 68, 1997), assessment results will be reported in the PUC Strategic Plan for the 1999-2004 period. Generally, the PUC would like to determine:

1. What do customers like about various PUC services?

2. What problems do customers encounter in receiving PUC services?

3. How could PUC services be improved?

The workshop will be conducted in the commissioners' hearing room located on the 7th Floor of the William B. Travis building, located at 1701 North Congress Avenue, Austin, Texas, 78701. Any questions regarding the workshop should be directed to John Laakso at (512) 936- 7039, or Bill Magness at 936-7145.

TRD-9800556

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 1998


Public Notices of Amendment to Interconnection Agreement

On January 9, 1997, Southwestern Bell Telephone Company and NTS Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18637. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to P.U.C. PROC. R. 22.341, the commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18637. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 9, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18637.

TRD-9800532

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


On January 9, 1997, Southwestern Bell Telephone Company and KMC Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18638. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to P.U.C. PROC. R. 22.341, the commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18638. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 9, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18638.

TRD-9800533

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


On January 12, 1997, Southwestern Bell Telephone Company and Choctaw Communications, L.L.C., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18642. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to P.U.C. PROC. R. 22.341, the commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18642. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 11, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18642.

TRD-9800534

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


Public Notices of Interconnection Agreement

On January 8, 1998, Southwestern Bell Telephone Company and Dobson Wireless, Inc. collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18630. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to P.U.C. PROC. R. 22.341 and 22.342, the commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18630. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 6, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18630.

TRD-9800530

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


On January 9, 1998, Max-Tel Communications, Inc., and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, §§ 11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18636. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18636. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 20, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18636.

TRD-9800531

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 1998


On January 7, 1998, Southwestern Bell Telephone Company and CTJ Investments, Inc., doing business asTexas Cellular Communications, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18625. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18625. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 19, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18625.

TRD-9800354

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 1998


On January 8, 1998, Dial Tone USA, Inc., doing business as Dial Services, Inc., and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 18628. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18628. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 20, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18628.

TRD-9800355

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 9, 1998


On December 31, 1997, Southwestern Bell Telephone Company and American PhoneCom, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18613. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18613. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 4, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18613.

TRD-9800306

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 1998


On January 6, 1998, Sterling International Funding, Inc., and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18618. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18618. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 18, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18618.

TRD-9800307

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 1998


On January 6, 1998, State Discount Telephone and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18619. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18619. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 18, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18619.

TRD-9800308

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 1998


On January 6, 1998, US Cellular and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18620. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18620. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 18, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18620.

TRD-9800309

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 1998


On January 6, 1998, Fast Connections, Inc., and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18621. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18621. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 18, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18621.

TRD-9800310

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 1998


On January 7, 1998, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and State Discount Telephone, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18624. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18624. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 19, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18624.

TRD-9800311

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 1998


Railroad Commission of Texas

Correction of Errors

The Railroad Commission of Texas adopted amendments to 16 TAC §§15.101, 15.105, 15.115, 15.120, 15.125, 15.135, 15.140, 15.152, 15.160 and 15.165. The rules appeared in the January 2, 1998, issue of the Texas Register , (232 TexReg 130).

Due to error in submission, on page 130, second paragraph, last sentence, the word of was printed instead of the word or. The sentence should read: “New §15.152 implements S.B. 925's restriction on the use of the commission's name or seal on advertising that promotes the water heater rebate program.”

The Texas Railroad Commission of Texas proposed amendments to 16 TAC §3.57 and §3.76. The rules appeared in the January 2, 1998, issue of the Texas Register , (23 TexReg 33).

Due to error in publishing, on page 34, third to the last paragraph of the preamble, the second sentence states “Comments will be accepted until 5:00 p.m. on the 13th day after publication in the Texas Register .” it should read “Comments will be accepted until 5:00 p.m. on the 30th day after publication in the Texas Register .”


Texas State Senate

Job Vacancy Announcement - Executive Director, Texas Legislative Reference Library

Executive Director, Texas Legislative Reference Library

Background

The Legislative Reference Library is an agency of the State of Texas Legislature with a budget in the range of $800,000-$1,000,000, a staff of 17 employees, and a collection of over 100,000 volumes. The Library is governed by the Legislative Library Board, composed of six legislators and chaired by the Lt. Governor. Along with serving as chief executive, the Director is responsible for implementing policies of the legislature and the Board, and for managing the operations of the library.

General Duties

Under direction of the Legislative Library Board, the Executive director plans, implements, administers, and evaluates the overall library programs and services of the Legislative Reference Library; supervises a staff engaged in providing services to members of the legislature, to legislative staff, and to the general public; supervises the development, implementation and assessment of comprehensive support for research by legislative staff; oversees the preparation and release of legislative information to the public; and coordinates services with the Legislative Council and other legislative agencies.

Examples of Work Performed

* Manages the day-to-day operations of the Library

* Supervises the gathering, organizing, analyzing, and preparation of material in response to requests for information and for reports

* Develops and supervises the development of procedures for the implementation, administration, and evaluation of programs

* Supervises preparation of daily statewide legislative clipping service

* Prepares the agency operating budget and regular financial reports

* Oversees gathering and organizing legislative research information from other states

General Qualifications:

Experience and Education

A master's degree in Library and Information Systems accredited by the American Library Association is strongly preferred. (Substantial experience in library management may substitute for the master's degree.) Working knowledge of legislative procedures and processes.

Knowledge, Skills, and Abilities

Ability to plan, organize, train, and manage the work of others; to deal effectively with legislators, legislative committees, and the general public; knowledge of current technologies available to libraries and their users; familiarity with public policy issues that confront state legislatures.

Salary and Benefits

The salary is $55,000-$65,000 per year, depending on qualifications and experience. The State of Texas provides a comprehensive benefits package, including health insurance, paid vacation and sick leave, and a retirement plan.

Applications

Interested persons should submit an application for employment to the attention of Ms. Donna Rolland at the Texas Senate, Office of Human Resources, P.O. Box 12068, Austin, TX 78711-2068. Inquiries may be submitted to Ms. Rolland by e-mail (donna.rolland@senate.state.tx.us) or by phone at 512-463-7337. Senate Human Resources will accept postmarked applications and resumes for this position through 5:00 p.m., Monday, February 23, 1998.

The Texas Senate is an Equal Opportunity Employer and does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services.

The Texas Senate complies with the Immigration and Naturalization Service to hire only U.S. Citizens and persons legally authorized to work in the United States.

TRD-9800683

Donna J. Rolland

Director of Human Resources

Texas Senate

Filed: January 15, 1998


South East Texas Regional Planning Commission

Request for Proposals

The South East Texas Regional Planning Commission announces a Request for Proposal. The purpose of this Request for Proposals to obtain services to develop materials and strategies necessary to implement a regional Vanpool Program, provide technical expertise to implement a regional Vanpool Program, and provide staff support necessary to manage a regional Vanpool Program for the Jefferson Orange-Hardin Regional Transportation Study area (Jefferson, Orange and Hardin Counties). The third party contractor(s) will provide a combination of one or more of the following services:

A. Provision of vans for the vanpool service (through a lease program). Contractor will provide and deliver vehicles to all qualified vanpool users, along with associated vehicle insurance, vehicle maintenance and towing, body repair, and vehicle administrative services and fleet management activities. Vehicle administrative activities include issuing the vehicles to new vanpool groups; receiving back disabled vehicles from groups; orienting new users to vehicles; vanpool driver switches; vehicle licensing and provision of spare vehicles, etc.

B. Promotional materials to be used in conjunction with recruitment and public awareness campaigns.

C. Vanpool recruiting and training. Contractor will arrange for transportation fairs at target employers in an effort to organize and establish vanpools among the employer's employees. Contractor shall inform and instruct new participants to review with them third party and SETRPC requirements with participants.

D. Guaranteed Ride Home contract. Contractor will arrange for a guaranteed ride home provision with a local taxi company(ies).

E. GIS compatible (ArcInfo) ride matching software, including training to SETRPC employees. Administrative support to the SETRPC during program.

To obtain copies of the RFP instructions, please fax or mail a written request to Bob Dickinson, Director, 9-1-1, Air Quality and Transportation Programs, or Kara Woods, Air Quality Outreach Coordinator, at (409) 724- 6295. (Physical address: 3501 Turtle Creek Drive, Port Arthur, Texas 77642). For further information regarding this notice contact Mr. Dickinson or Ms. Woods at (409) 724-1911.

Closing Dates: Final proposals will be due by 12 noon CST on Wednesday, February 25, 1998.

Proposals will be reviewed by a technical subcommittee based on Consultant Selection Criteria included in the request for proposals package mailed to interested parties.

TRD-9800555

Don Kelly

Executive Director

South East Texas Regional Planning Commission

Filed: January 14, 1998


Teacher Retirement System of Texas

Request for Proposals

The Teacher Retirement System of Texas (TRST) seeks proposals from qualified firms to conduct an independent actuarial audit to determine the reasonableness, consistency and accuracy of TRST's current actuarial services. The beginning date for the contract should be March 16, 1998. The contract will end on or before August 31, 1998.

A copy of the complete request for proposal can be obtained on or after January 23, 1998. A copy of the RFP may be picked up on or after this date at the Teacher Retirement System offices at 1000 Red River, Austin, Texas 78701. The Teacher Retirement System will also mail copies to interested parties. To request a copy of the RFP, contact Ronnie Jung, Chief Financial Officer at (512) 370-0576.

The deadline for submitting proposals is 5:00 p.m. CDT on February 25, 1998.

All potential bidders must satisfy certain requirements in order to be considered. The contract will be awarded based on an evaluation of the proposer's ability to provide the requested services and carry out all requirements contained in the RFP.

The Teacher Retirement System of Texas reserves the right to accept or reject any or all proposals submitted. The Teacher Retirement System is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the Teacher Retirement System of Texas to pay for any cost incurred prior to the execution of a contract.

TRD-9800508

Charles Dunlap

Executive DIrector

Teacher Retirement System of Texas

Filed: January 13, 1998


Texas Department of Transportation

Notice of Intent

Pursuant to Title 43, Texas Administrative Code, §2.43, the Texas Department of Transportation (TxDOT) is issuing this notice to advise the public that a draft environmental impact statement will be prepared for a proposed highway project in Harris, Fort Bend, and Waller Counties.

TxDOT, in cooperation with the Federal Highway Administration (FHWA), will prepare a draft environmental impact statement (DEIS) for a proposed expansion of the IH 10 West Katy Freeway, from the Houston Central Business District (CDB), extending along the IH-10 Katy Freeway to the Brazos River for approximately 65.98 kilometers (km) [41 miles (mi)]. The study area includes major parallel arterials and the TxDOT [Union Pacific Railroad formerly known as the Missouri-Kansas-Texas Railroad (MKT)] right-of-way (ROW) through Harris, Fort Bend, and Waller Counties. Cities and towns affected in this region includes Brookshire, Bunker Hill Village, Hidwig Village, Hilshire Village, Houston, Hunters Creek Village, Katy, Piney Point Village, and Spring Valley.

Several strategies were identified to meet the existing and future travel needs within the corridor. These strategies range from a No-Build and Transportation Systems Management (TSM) approach to a major emphasis on high occupancy vehicles (HOV) and transit, as well as, the single occupancy vehicle (SOV). Combinations of these approaches were also evaluated. As a result of these evaluations, a preferred alternative for meeting the corridor's transportation needs was then selected. Strategies, approaches and alternatives will be discussed in the Draft Environmental Impact Statement (DEIS). Other topics to be discussed in the DEIS includes land use; traffic and transportation; economic development; displacement and relocation; neighborhood quality and cohesion; access to community facilities; safety and security; geology and soils; hazardous materials; noise and vibration; visual and aesthetics; water resources; biological resources and endangered and threatened species; wetlands; air quality; secondary and cumulative impacts; and cultural resources.

Impacts caused by the construction and operation of the IH-10 Katy Freeway Corridor will vary in accordance to the preferred alternative alignment. Generally, impacts would include the following transportation impacts (construction detours, construction traffic, mobility improvement and evacuation route improvements), air and noise impacts from construction equipment and operation of the roadway, water impacts from construction areas and roadway stormwater runoff, impacts to waters of the United States, and impacts to residences and businesses based on potential relocations.

In March 1995, the Houston District of TxDOT initiated a comprehensive transportation study of the 40-mile corridor along the IH-10 West Katy Freeway between downtown Houston and the Brazos River. This study, referred to as the Katy Freeway Corridor Major Investment Study (MIS), followed guidelines designed by the federal government for major investments in transportation, as outlined in the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. This study involved the development of key elements of an MIS encompassing the Katy Freeway (IH-10 West), major arterials, and the adjacent parallel Union Pacific right-of-way (ROW) which has been purchased by the State. The Katy Freeway Corridor MIS was a cooperative effort between TxDOT and an interagency committee with representatives from the Houston-Galveston Area Council (HGAC), the Metropolitan Planning Organization (MPO), the Metropolitan Transit Authority (METRO), the FHWA, the Federal Transit Administration (FTA), and the Texas Natural Resource Conservation Commission (TNRCC). The purpose of this MIS was to evaluate the transportation needs of the corridor and provide an opportunity for TxDOT and participating agencies to identify the most reasonable, effective, and efficient transportation option for addressing these needs. Goals and objectives were developed with the assistance of over 150 community and business representatives who participated in a round of public meetings held in July of 1995.

As a result of the July 1995 public meetings, a set of 22 alternative transportation improvement concepts were developed to address the problems and needs of the corridor. These 22 concepts included transportation modes such as highway, bus, and rail. The 22 initial concepts were then screened based on the goals and objectives for the MIS study, resulting in eleven corridor-wide conceptual alternatives. These eleven alternatives were presented for review and comment at a second round of public meetings in November of 1995.

Using the input from the second round of public meetings, the corridor-wide conceptual alternatives were again screened to a short list of seven alternatives to be carried forward for further analysis. Each alternative was evaluated based on travel forecasts, environmental impacts, capital costs, and financial feasibility. These alternatives are described as follows:

Alternative I: No-Build - This alternative includes improvements that are already committed and expected to be in place by the year 2020, including additional arterial enhancements, reversible HOV connection from IH-10 east of Studemont into downtown, HOV direct connection between the Northwest Transit Center and the IH-10 Katy Freeway at the IH-610 West Loop, and localized intersection improvements. Transit service would be increased according to METRO 2020 plans, including a new transit center between Shepherd and Durham near the Katy Freeway. The capacity of the No-Build alternative is the same as the current IH-10 Katy Freeway.

Alternative II: TSM/TDM - The TSM/TDM alternative is designed to improve mobility in the corridor without major capital investment. The alternative is designed to improve the operating flow in the corridor rather than increase capacity. The TSM/TDM alternative includes the No-Build improvements plus synchronized traffic signals, ramp meterings, park and pool facilities, geometric improvements, motorist information systems, and other low-cost enhancements. Transit service would be further increased, including an expanded and relocated Kingsland Park & Ride lot and a new transit center at Memorial City Mall.

Alternative III-1: Moderate SOV, Moderate HOV - This alternative includes all No-Build and TSM/TDM improvements. From downtown to IH-610 West Loop, no SOV lanes are added; however, a two-lane, two-way HOV facility is added. From IH-610 West Loop to Katy, one SOV lane in each direction is added to provide a total of eight SOV lanes. The existing reversible HOV lane is upgraded and extended to provide a two-lane, two-way HOV facility to Katy. From Katy to Brookshire no additional SOV or HOV lanes are provided. From Brookshire to the Brazos River, one SOV lane in each direction is added, for a total of six SOV lanes. Transit service would benefit from increased speeds in both directions with the HOV lane improvements. The West Belt Park & Ride lot would be expanded and relocated.

Alternative IV-2: Major SOV, Moderate HOV-This alternative includes all No-Build and TSM/TDM improvements. From downtown to IH-610 West Loop, no SOV lanes are added but a two-lane, two-way HOV facility is added. From IH-610 West Loop to Katy, two SOV lanes in each direction are added to provided a total of ten SOV lanes. The existing reversible HOV lane is upgraded and extended to provide a two-lane, two-way HOV facility all the way to Katy. From Katy to Brookshire no additional SOV or HOV lanes are provided. From Brookshire to the Brazos River, one SOV lane in each direction is added, for a total of six SOV lanes. Transit service would benefit from increased speeds in both directions with the HOV lane improvements. The West Belt Park & Ride lot would be expanded and relocated.

Alternative V-2: Moderate SOV, Special Use Lane-This alternative includes all No-Build and TSM/TDM improvements. From downtown to IH-610 West Loop, no SOV lanes are added but a two-lane, two-way HOV facility is added. From IH-610 West Loop to Katy, one SOV lane in each direction is added to provide a total of eight SOV lanes. The existing reversible HOV lane is upgraded to provide a four-lane, two-way HOV/Special Use facility between IH-610 West Loop and Highway 6. The special use lanes could be express lanes with an option of a toll charged for use. A two-lane, two-way HOV facility would be added between Highway 6 and Katy. From Brookshire to the Brazos River, one SOV lane in each direction is added, for a total of six SOV lanes. Transit service would benefit from increased speeds in both directions with the HOV lane improvements. The West Belt Park & Ride lot would be expanded and relocated.

Alternative V-3: Low SOV, Fixed-Guideway - This alternative includes all No-Build and TSM improvements. From downtown to Brookshire, no SOV lanes are added. From Brookshire to the Brazos River, one SOV lane in each direction is added, for a total of six SOV lanes. A fixed-guideway system would be constructed from downtown to Katy. The fixed-guideway would allow service on three to four car trains on double tracks with grade separations at major arterials. Service would operate approximately every ten minutes in both directions during peak periods. The fixed-guideway system would provide connections to buses at each of the eleven stations, including the Northwest Transit Center for service to the Uptown/Post Oak and the terminus station at the north end of downtown for service to downtown.

Alternative VI-1: Major SOV, Special Use Lane - This alternative includes all No-Build and TSM improvements. From downtown to IH-610 West Loop, no SOV lanes are added but a two-lane, two-way HOV facility is added. From IH-610 West Loop to Katy, two SOV lanes in each direction are added to provide a total of ten SOV lanes. The existing reversible HOV lane is upgraded to provide a four-lane, two-way HOV/Special Use facility between IH-610 West Loop and Highway 6. The special use lanes could be express lanes with an option of a toll charged for use. A two-lane, two-way HOV facility would be added between Highway 6 and Katy. From Brookshire to the Brazos River, one SOV lane in each direction is added, for a total of six SOV lanes. Transit service would benefit from increased speeds in both directions with the HOV lane improvements. The West Belt Park & Ride lot would be expanded and relocated.

A detailed evaluation of the seven alternatives was presented to the public during a round of open house meetings in January of 1997 for input and feedback. The meetings were held January 27, 28, 29, and 30, 1997 at the following locations: Monday, January 27 at the City of Houston West End Multiservice Center, 170 Heights Boulevard, Houston, Texas; Tuesday, January 28 at the Brookshire Convention Center, 4027 Fifth Street, Brookshire, Texas; Wednesday, January 29 at the Spring Branch Community Center, 1721 Pech, Houston, Texas; and Thursday, January 30 at the Holiday Inn Select, 14703 Park Row, Houston, Texas.

Based on the detailed analysis of the seven alternatives and public input and feedback, it was determined that Alternative V-2: Moderate SOV, Special Use Lane, was selected as the locally preferred (recommended) alternative. In order to select the recommended alternative, the seven alternatives, including the No-Build Alternative and the TSM/TDM Alternative, were evaluated for their engineering feasibility, potential environmental and community impacts, financial feasibility, and their ability to meet the goals and objectives of the community.

The preferred alternative was then presented to the public during a final round of public meetings in July of 1997. The public meetings were held July 8, 9, and 10, 1997, at the following locations: Tuesday, July 8 at West Memorial Jr. High School Cafeteria, 22311 Provincial Boulevard, Houston, Texas; Wednesday, July 9 at the Memorial Senior High School Cafetorium, Echo Lane at IH-10, Houston, Texas; and the First Baptist Church Fellowship Center, 7401 Katy Freeway at Post Oak Boulevard, Houston, Texas. Each meeting format was set up as a combination open-house/public forum format. The first two hours of each meeting was an open-house where information was available regarding the locally preferred alternative and the decision-making process. Members of the study team were present during the open-house to answer questions and record comments. Immediately following the open-house, a short presentation was given. The floor was then opened for public comments. Members of the study team were also available after the public forum for additional questions or comments.

A summary of the public input and feedback regarding the final rounds of public meetings were presented to the Transportation Policy Committee, for the MPO, for review and concurrence in October 1997.

Letters describing the proposed action and soliciting comments will be sent to appropriate federal, state, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. Because public meetings were held during the MIS process as described above, the MIS process itself will serve as the Public Scoping meeting for the IH-10 Katy Freeway Corridor proposal. Public meetings will be held at a later date to request public input on the proposed action and the preferred alternative for development of DEIS. A public hearing will also be held at a later date, with copies of the draft EIS available for public and agency review and comment prior to the public hearing.

To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the EIS should be directed to the FHWA at the address provided above.

Agency Contact: Comments or questions concerning this proposed action and the DEIS should be directed to James Darden, P.E., Project Development - Houston District, Texas Department of Transportation, P.O. Box 1386, Houston, Texas 77251-1386, phone (713) 802-5241.

Issued in Austin, Texas on January 14, 1998.

Bob Jackson Acting General Counsel Texas Department of Transportation

TRD-9800572

Bob Jackson

Interim General Counsel

Texas Department of Transportation

Filed: January 14, 1998


Notice of Invitation

The Texas Turnpike Authority Division of the Texas Department of Transportation (the "Authority") requests proposals from law firms interested in representing the Authority as its general counsel. This RFP is issued for the purpose of identifying qualified law firms able to provide legal representation required by the Authority and its Board of Directors (the "Board"). Selection of outside counsel will be made by the Board of Directors.

Description: The Authority is a state agency granted powers under state law to study, design, construct, operate, expand, enlarge, or extend a turnpike project as part of the state highway system. Turnpike projects over which the Authority exercises responsibility encompass any and all toll highways and facilities, including bridges, tunnels, overpasses, underpasses, interchanges, approaches and entrance plazas, buildings necessary to operate a facility, and property rights, easements, and interests the authority acquires to construct or operate a facility. The powers and duties exercised by the Authority and the Board are impacted by numerous federal and state laws and regulations. The Authority will engage outside counsel to advise the Authority and the Board on the legal implications of all powers and duties exercised by the Board and the Authority.

Outside counsel engaged by the Authority must demonstrate competence and expertise in legal requirements related to developing and operating turnpike projects, procurement of transportation infrastructure, construction and consultant contracting, financing and other feasibility studies, property acquisition, compliance with environmental requirements, state agency rulemaking and other administrative law matters, agreements with similar authorities and other governmental or private entities for the development of turnpike projects, and debt financing of public works projects. Extensive prior experience in providing legal services related to revenue bond financed transportation infrastructure development is required. In addition, engaged counsel must have thorough knowledge of the Administrative Procedure Act (Government Code, Chapter 2001), the Open Meetings Act (Government Code, Chapter 551), and the Public Information Act (Government Code, Chapter 552).

Legal services required of engaged counsel include drafting, reviewing, and advising the Authority and the Board in the issuance, acceptance, and management of contracts with public and private utilities, landowners, private enterprise (including exclusive development agreements with private corporations), toll collection equipment and electronic systems vendors, municipal, county, state, and federal governments, general construction contractors and their subcontractors, professional design consultants and consulting management engineers, land surveyors, and title companies. Counsel will also be required to draft, review and provide advice on all types of construction service acquisition bid documents, provide advice on the proper levels of insurance coverage for consultants, contractors, subcontractors, and vendors, and review insurance policies and certificates of insurance to ensure compliance. Additionally, engaged counsel will research, analyze, and provide advice concerning all laws, rules, regulations, procedures, ordinances, and applications related to environmental matters, including federal, state, and local requirements concerning air, water, and noise pollution, and those related to obtaining permits from federal, state, and local governments, and will assist in the research, drafting, and issuance of environmental assessments, environmental impact statements, and/or findings of no significant impact.

Outside counsel will also be required to draft, review, and provide advice on the procurement of equipment, supplies, and materials and on the proposal and adoption of administrative rules by the Authority and the Board, advise and assist in preparing for and conducting public meetings and hearings, advise and assist the Board and the Authority in responding to public information requests, and provide advice and assistance relating to the bond issuance process. The latter requirement does not include acting as bond counsel. Engaged counsel will also perform legal services necessary to acquire for the Authority right of way and easements not in the public domain, including evaluating and negotiating agreements with right of way appraisers and negotiators, reviewing and verifying the products of land surveyors, plats and legal descriptions, participating in negotiations of value with landowners, reviewing title commitments and policies, preparing and conducting eminent domain proceedings in appropriate administrative and judicial forums, drafting acquisition deeds and easements, recording all necessary right of way documents, and preparing and negotiating rights of entry to right of way tracts. Outside counsel is finally required to conduct all litigation necessary to advance or defend legal actions pertaining to activities of the Authority and the Board.

Responses: Responses to the RFP may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information.

(1) A description of the firm's qualifications for performing the legal services, including the firm's prior experience in each of the above described areas, with particular emphasis on revenue bond financed transportation infrastructure development projects and experience in administrative law matters affecting a state agency, the names, experience, education, and expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services.

(2) Information relative to the capabilities and resources of the firm's Texas offices, including a summary of physical resources that would be assigned to the Authority, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters.

(3) The submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses.

(4) An abstract of the firm's cost control procedures and how it charges for its services.

(5) A comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner.

(6) Disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Authority or the Texas Department of Transportation, or to the State of Texas or any of its boards, agencies, commissions, universities, or elected or appointed officials).

(7) Confirmation of willingness to comply with the rules, policies, directives, and guidelines of the Authority, the Board, and the Attorney General of the State of Texas.

Format and Person to Contact: Eight copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal" and addressed to Peter Davis, P.E., Director, Texas Turnpike Authority Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483 (telephone (512) 936-0903 for questions).

Deadline for Submission of Response: All proposals must be received by the Texas Turnpike Authority Division at the previously stated address no later than 5:00 p.m., Thursday, February 12, 1998.

TRD-9800573

Bob Jackson

Interim General Counsel

Texas Department of Transportation

Filed: January 14, 1998


The Atlanta 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 19-845P5004: The precertified work categories and the percent of work per category are: 4.2.1 Major Roadway Design (80%); 5.1.1 Minor Bridge Design (2.0%); 8.1.1 Signing, Pavement Marking and Channelization (1.0%); 10.1.1 Hydrologic Studies (5.0%); 10.2.1 Basic Hydraulic Design (5.0%); 10.5.1 Bridge Scour Evaluations and Analysis (1.0%); 14.3.1 Transportation Foundation Studies (1.0%); 15.2.1 Design Survey (5%). The work to be performed shall consist of the preparation of plans, specifications and estimate (PS&E) documents to reconstruct SH 300 from 0.2 Mile South of US 271 in Gilmer to 3.0 Miles North of FM 726. The project will consist of reconstructing an existing two lane roadway to a four lane divided roadway with a flush median.

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): 4.2.1 Major Roadway Design; 5.1.1 Minor Bridge Design; 8.1.1 Signing, Pavement Marking and Channelization; 10.1.1 Hydrologic Studies; 10.2.1 Basic Hydraulic Design; 10.5.1 Bridge Scour Evaluations and Analysis; 14.3.1 Transportation Foundation Studies; 15.2.1 Design Survey.

Minimum Requirement: The team must have worked on one similar type project (three preferred) within the past five years.

3. Special (Similar) Project Related Experience of Project Manager and Team Members: Minimum Requirement: Project Manager must have managed one similar type project (three preferred) within the past five years.

4.2.1 Major Roadway Design; 5.1.1 Minor Bridge Design; 8.1.1 Signing, Pavement Marking and Channelization; 10.1.1 Hydrologic Studies; 10.2.1 Basic Hydraulic Design; 10.5.1 Bridge Scour Evaluations and Analysis; 14.3.1 Transportation Foundation Studies; 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: This criteria is either a commitment or not and has no other preferred status. Therefore, 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 (903) 799-1214, or by hand delivery to TxDOT, Atlanta District, Attention: Dennis M. Beckham, P. E., 701 East Main Street, Atlanta, Texas, or by mail addressed to P.O. Box 1210, Atlanta, Texas 75551-1210. Letters of interest will be received until 5:00 p.m. on Friday, February 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 19-845P5004; 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 Dennis M. Beckham, P. E., at (903) 799-1201 or fax (903) 799-1214.

Notice of Invitation: The Atlanta District of the Texas Department of Transportation (TxDOT) intends to enter into one contract with a professional architect, 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 the advertised work categories unless the work category is a non-listed work category. To qualify for contract award a selected prime architect 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, architect, landscape architect, or surveyor registered in Texas who will sign and/or seal the work to be performed on the contract.

Contract Number 19-845P8001: The precertified work categories and the percent of work per category are: 2.13.1 Hazardous Material Assessment (5.0%) and 16.1.1 Architecture - Buildings (95%). The provider shall develop preliminary plans, detailed plans, specifications and estimates (P.S.&E), and perform an environmental assessment for the interior and exterior renovation of the Union/Missouri Pacific Train Depot located on FM249 (Main Street) in the City of Atlanta, Cass County, Texas. The provider shall also conduct a public meeting, prepare proposals for bidding and provide construction inspection/observation.

Disadvantaged Business Enterprise (DBE): The goal for DBE or HUB participation in the work to be performed under this contract, is zero percent of the contract amount.

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

1. Past Performance: Minimum requirements: Two references from other entities on contracts for similar type of work. Preferred requirements: A positive evaluation. (Note: Only less than positive evaluations obtained from the references shall negatively effect the prime provider's evaluation.)

2. Project Requirements (Team Capability Experience)

2.13.1 Hazardous Material Assessment: Minimum requirements: The necessary equipment and expertise to perform ASTM 1528 Transaction Screen and ASTM 1527 Phase I Site Assessments and one employee with one year of experience in hazardous materials assessment. Preferred requirements: The necessary equipment and expertise to perform ASTM 1528 Transaction Screen and ASTM 1527 Phase I Site Assessments and one employee with three or more years experience in hazardous materials assessment.

16.1.1 Architecture - Buildings: Minimum requirements: One employee assigned to this project who will do a prominent amount of the work and is a registered architect having two years experience including one year of full-time experience in historic building preservation projects. Preferred requirements: One employee assigned to this project who will do a prominent amount of the work and is a registered architect having five years experience including three years of full-time experience in historic building preservation projects.

3. Special (Similar) Project Related Experience of Project Manager and Team Members: 2.13.1 Hazardous Material Assessment: Minimum requirements: The responsible employee has completed one hazardous assessment of similar complexity. Preferred requirements: The responsible employee has completed at least three or more hazardous assessments of similar complexity.

16.1.1 Architecture - Buildings: Minimum requirements: The architect has completed at least one project of similar complexity and has some knowledge of historical building renovation and reconstruction techniques. Preferred requirements: The architect has completed at least three projects of similar complexity and has extensive knowledge of historic building renovation and reconstruction techniques.

4. Evidence of Compliance with Assigned DBE/HUB Goal - Not Applicable.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (903) 799-1313, or by hand delivery to TxDOT, Atlanta District, Planning Section, Attention: Susan M. McClain, P.E., 701 East Main Street, Atlanta, or by mail addressed to P.O. Box 1210, Atlanta, Texas, 75551. Letters of Interest will be received until 5:00 p.m. on February 13, 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 19-845P8001; an organizational chart containing the names, addresses, telephone numbers and fax numbers of the prime provider and any subprovider 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 DBE 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 Susan M. McClain, P.E., at (903) 799-1311 or fax (903) 799-1313.

TRD-9800571

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 14, 1998


The Multimodal Operations Office (MMO) of the Texas Department of Transportation (TxDOT) intends to enter into 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 a team must be precertified by the deadline date for receiving the Letter of Interest in each of the advertised work categories, unless the work category is a non-listed work category. To qualify for a contract award, a prime provider must perform a minimum of 30% of the actual contract work. 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 Act.

Contract Number 71-845P5001 - The work to be performed shall consist of a major investment study (MIS) of transportation alternatives in the Georgetown - Round Rock - Austin - San Marcos - New Braunfels - San Antonio corridor (the Corridor), to include the feasibility of commuter/regional rail passenger service. The purpose of the study is to identify, evaluate, and recommend, if feasible, a locally preferred transportation system that offers a near future alternative to the automobile for intercity travel in the Corridor. The two precertified work categories required and the estimated percentage of total contract work each represents are: 1.3.1 Subarea/Corridor Planning (50%); and 1.6.1 Major Investment Study (20%). In addition, two required non-listed work categories and the estimated percentage of work are: N.L.1. Public Involvement/Public Information (10%); and N.L.2. Ridership Forecasting (20%).

Prime providers or subproviders must provide evidence in the Letter of Interest that clearly shows that the specified requirements are met.

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

Long List Evaluation Criteria: The Consultant Selection Team (CST) will consider the following criteria in its review of all interested providers.

1. Past Performance References

Minimum requirements - Provide at least two references from other entities for which an MIS, subarea/corridor plan, or feasibility study(s) that considered a rail passenger service alternative was conducted.

Preferred requirements - Provide a reference from other entities for which an MIS, subarea/corridor plan, or feasibility study that emphasized a "new start" rail passenger service alternative within a multi-jurisdictional region was conducted. (A "new start" is defined as the study or installation of rail passenger service in a corridor, city or region not previously served).

2. Project Requirements (Team Capabilities)

a. Subarea/Corridor Planning (Work Category 1.3.1)

Minimum requirements - In addition to meeting the standard Work Category 1.3.1 precertification criteria, also provide evidence that key team members possess relevant training, experience, proficiency or past study completion in railroad (freight and/or passenger) planning, operations, administration, research and testing, finance, maintenance-of-way; rail-highway crossings, management, transportation, or engineering, for and/or within the railroad/transit industry.

Preferred requirements - Provide evidence that the team's project manager possesses exceptional railroad training, experience, proficiency, or past study completion as specified above.

b. Major Investment Studies (Work Category 1.6.1)

Minimum requirements - In addition to meeting the standard Work Category 1.6.1 precertification criteria, also provide evidence that key team members possess knowledge, skills, and abilities relating to the performance of a major investment study that includes non-highway alternatives.

Preferred requirements - Provide evidence that key team members possess exceptional knowledge, skills, and abilities relating to the performance of a major investment study that emphasizes rail passenger alternatives.

c. Public Involvement/Public Information ( Non-Listed Work Category N.L. 1)

This category may include a broad range of meeting and media-based activities to ensure that elected officials, businesses, communities, and the general public are included in a transportation planning and design process.

Minimum requirements - Provide evidence that key team members possess knowledge, skills, and abilities required in understanding and explaining public policy issues related to transportation, transportation alternatives, land use, or other relevant areas resulting from a study or project; knowledge and understanding of applicable federal, state, and local laws or regulations; knowledge of media placement/awareness; and knowledge of events planning for public meetings/public hearings.

Preferred requirements - Provide evidence that key team members possess exceptional knowledge, skills, and abilities listed in the preceding paragraph, and, additionally, have specific knowledge, skills, and abilities regarding the Corridor.

d. Ridership Forecasting (Non-Listed Work Category N.L. 2)

This category includes the forecasting of the number and the characteristics of travelers that might be expected to use rail passenger service in the Corridor. Ridership forecasting will be done in an integrated process with estimated operating revenues, costs, and levels of service (revenues, costs, and service levels may be generated by respondents other than the ridership forecaster).

Minimum requirements - Provide evidence that a key team member possesses proficiency in quantitative methods and knowledge (including academic training), skills, and abilities regarding the process required for estimating ridership demand for public transportation projects (including modeling, survey preparation, application, analysis, etc.).

Preferred requirements - Provide evidence that a key team member possesses exceptional knowledge, skills, and abilities required in ridership forecasting for commuter/regional rail passenger new starts in intercity corridors.

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

a. Subarea/Corridor Planning (Work Category 1.3.1)

Minimum requirements - Employ a key team member with experience in a corridor-level study of transportation alternatives covering multiple jurisdictions (including at least two cities with populations over 100,000 each).

Preferred requirements - Employ a project manager with experience in conducting one or more corridor-level studies covering multiple jurisdictions where the preferred alternative is commuter/regional passenger rail within a corridor of joint freight/passenger train operations.

b. Major Investment Studies (Work Category 1.6.1)

Minimum requirements - Employ a key team member with experience in preparing an MIS covering multiple jurisdictions.

Preferred requirements - Employ a key team member with experience in preparing an MIS covering multiple jurisdictions, and in leading a team that, in at least one example, relied heavily on previous, existing studies of transportation alternatives, and compiled the results of those studies along with original analysis in preparing an MIS.

c. Public Involvement/Public Information ( Non-Listed Work Category N.L. 1)

Minimum requirements -Employ a key team member who is a public involvement/public information specialist with experience in analyzing a corridor/subarea population and in subsequently preparing a public involvement program that contributed to local acceptance of a transportation project.

Preferred requirements - Employ a key team member who is a public involvement/public information specialist with experience in preparing a public involvement program that contributed to local acceptance of a new start commuter/regional passenger railroad system.

d. Ridership Forecasting (Non-Listed Work Category N.L. 2)

Minimum requirements - Employ a key team member with specialized knowledge and experience in preparing a ridership forecast for a commuter/regional passenger railroad study.

Preferred requirements - Employ a key team member with specialized knowledge and extensive experience who has led the preparation of at least one ridership forecast for a new start commuter/regional passenger railroad system that was actually put into service.

4. Disadvantaged Business Enterprise (DBE) Goal

A provider or subprovider will earn three points for meeting the assigned 15% DBE goal or zero points for not meeting it.

Deadline: A completed Letter of Interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 416-2348 or by hand delivery/overnight mail to TxDOT, Multimodal Operations Office, Attention: Ed Kasparik, 200 East Riverside Drive, Austin, Texas 78704, or by regular mail addressed to TxDOT, Multimodal Operations Office, Attention: Ed Kasparik, 125 East 11th Street, Austin, Texas 78701-2483. Letters of Interest will be received until 5:00 p.m. on Friday, February 6, 1998.

Letter of Interest requirements: The Letter of Interest is limited in length to eight pages, plus one page per reference, (8 1/2 x 11 inch size, 12 point font, single-sided, with no attachments or appendices), and must contain the contract number 71-845P5001; an organizational chart containing the names, addresses, telephone, fax numbers and E-mail addresses 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; similar project-related experience; evidence of compliance with the assigned DBE 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 Ed Kasparik at (512) 416-2341, fax (512) 416-2348, or E-mail ekaspari@mailgw.dot.state.tx.us or Kelly Kirkland at (512) 416-2347, fax (512) 416-2348, or E-mail kkirkla@mailgw.dot.state.tx.us.

TRD-9800570

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 14, 1998


Texas Water Development Board

Corrections of Error

The Texas Water Development Board proposed new 31 TAC §§358.1-358.4. The rules appeared in the December 26, 1997, issue of the Texas Register , (22 TexReg 12698).

The signature line appears on page 12702 and incorrectly identifies the agency as the Texas Department of Insurance instead of the Texas Water Development Board.


Texas Workforce Commission

Request for Proposals

TEXAS CHILD CARE TRAINING CENTER PILOT PROGRAMS

The Texas Workforce Commission (TWC) invites proposals to provide academic and practicum training and mentoring to certain recipients of public assistance (herein referred to as TANF clients) who are transitioning from welfare to work in the child care field. The child care training center pilot programs are established in Subsection 302.003, Texas Labor Code.

A. DEFINITIONS

TANF Benefits: Temporary Assistance to Needy Family Benefits

Trainee: TANF client who is selected to and receives training under the child care training center pilot programs.

Training Center: a child care facility licensed under Texas Human Resources Code, Chapter 42, which provides both academic coursework and practicum hours. The training center must directly provide either the academic or practicum hours, and may subcontract the other function.

Urban: Territories, persons and housing units in places of 2,500 or more persons incorporated as cities, villages, boroughs, and towns.

Rural: A municipality in a non-metropolitan county as defined by the United States Census Bureau in its most recent census (Texas Health and Safety Code). The most recent census data defines these areas as "territories, persons and housing units in places of less than 2,500 persons incorporated as cities, villages, boroughs and towns."

B. AUTHORIZATION OF FUNDING

The funds for the TWC Child Care Training Center Pilot Programs are authorized under the Federal FY 1998 Appropriations Act for the federal Department of Health and Human Services, Child Care Development Fund (CCDF). Funds are subject to the requirements of the Child Care and Development Block Grant Act (CCDBG). The TWC is the lead agency in Texas for the CCDF.

C. TRAINING CENTER PILOT PROGRAMS OBJECTIVES

The objectives of the training center pilot programs are to:

(1) Conduct a comparative study of child care training models offered in four geographic locations in Texas. The study, prepared by TWC, will be presented to the 76th Legislature, and will include recommendations for a possible statewide child care training program for TANF clients.

(2) Provide high quality training in basic skills, child care, child care vendor entrepreneurship, and early childhood development to TANF clients that will:

a. assist selected individuals in making successful transitions into the workforce as child care aides, teachers, directors, and owners of child care-related businesses; and

b. increase the number of qualified individuals entering the child care work force.

(3) Encourage creative community partnerships that support TANF clients transitioning from welfare to work in the child care field.

D. PROJECT DESIGN FEATURES

The TWC will select four pilot sites to provide academic and practicum training, as well as mentoring, to TANF clients. At least one site must be located in an urban area, and one site in a rural area.

The TWC will set the parameters for the training center pilot programs in terms of training center qualifications and responsibilities, and these will be included in the application packet. Training centers are required to propose their own training models based TWC criteria and their community needs and resources.

E. ELIGIBLE APPLICANTS

Detailed eligibility requirements will be included in the application packet. Applicants must, at a minimum, meet the following criteria to be considered eligible:

(1) Must be or subcontract with a child care facility licensed under Chapter 42 of the Human Resources Code;

(2) Must offer training and certification in basic skills, child care, early childhood education, and vender entrepreneurial training;

(3) Must have a history of the delivery of high-quality care and an excellent history of compliance with the minimum licensing or registration standards as defined by the Texas Department of Protective and Regulatory Services;

(4) Must be physically located in the area to be served; and

(5) Show a history of collaboration with entities engaged in the provision of direct child care services and training of child care staff

F. AVAILABLE FUNDING

Proposals for the child care training center pilot programs may request up to $25,000. Program funds will be reimbursed on a cost reimbursement basis subject to successful performance during the course of the contract period.

G. FUNDING RESTRICTIONS

Expenditures will be reimbursed on "cost reimbursement" basis subject to measurable and successful performance of the project. Project funds have a 5% administrative cost cap. Ninety-five percent of the funds must be used for direct project activities. Prior permission must be secured from TWC before any part of the project can be subcontracted and/or changes can be made in activities to be performed, project personnel, and/or budgeted expenditures as authorized in the contract.

H. LENGTH OF CONTRACT

The contract period is for twelve months and begins as soon as negotiations can be mutually completed and a contract can be executed. Contractees must be able and willing to extend the training program an additional 12 months should TWC extend the program another 12 months. Additional funding will be provided should TWC extend the child care training center pilot programs an additional 12 months.

I. SELECTION CRITERIA

Applications will be reviewed for eligibility by TWC. Eligibility will be determined by successful completion of all required proposal documentation and meeting eligibility requirements. Eligible applicants will be evaluated and graded by TWC. Evaluation criteria and their weights are: the applicant's project design, and the quality of and ability to offer accredited training; the applicant's experience in delivering child care and child care training; geographic diversity; the types, numbers, and quality of community partnerships formed to provide funding and other services; employment market conditions; and reasonable budget.

J. SELECTION, NOTIFICATION, AND NEGOTIATION PROCESS

Applicants will be reviewed and graded on a competitive basis by TWC. Detailed evaluation criteria will be included in the application packet. Incomplete applications are subject to rejection and disqualification by TWC. Grading criteria will be included in the application packet. Applications will be reviewed and ranked according to scores, their apparent ability to complete the project timely and successfully, and reviewed for past contracting performance with TWC. Top contenders will be required to attend a bidder's conference in Austin, and to prepare and submit written questions to TWC prior to the conference. Failure to attend the requested bidder's conference could disqualify a potential applicant. A tentative selection will be determined immediately after the conference is completed. A designated person from the selected entity must be readily available to respond to inquiries, prepare proposed amendments, and negotiate with TWC concerning budget and/or proposed programmatic revisions. If a designated person is not readily available to promptly respond to requested revisions, the applicant will be removed from consideration for a contract. TWC is not liable for any bidder costs associated with the RFP process.

K. DUE DATE AND AGENCY CONTACT

The due date for hand delivered consideration of a training center pilot program proposal is 4:00 p.m., March 2, 1998. Application packets must be postmarked by the US Post Office on March 2, 1998 to be considered eligible. For further information and to order Application Packets, contact the Child Care/Work and Family Clearinghouse, Room 416T, 1117 Trinity, Austin, Texas 78778-001, (512) 936-3239=Office, (512) 936-3223=Fax.

L. TWC's OBLIGATIONS

TWC reserves the right to vary all provisions of this Request for Proposal prior to the execution of a contract when TWC deems such variances and/or amendments are in the best interest of the State of Texas. TWC reserves the right to reject any and all proposals .

TWC's obligations under this RFP are contingent upon the actual receipt by the Agency of funds from the US Department of Health and Human Services. If adequate funds are not available to make payment under the terms of this grant, TWC will terminate this RFP or resulting contract and will not be liable for failure to make payments.

TRD-9800569

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: January 14, 1998


Texas Council on Workforce and Economic Competitiveness

Correction of Error

The Texas Council on Workforce and Economic Competitiveness submitted an Open Meeting Notice, the notice appeared in the January 2, 1998, issue of the Texas Register (23 TexReg 243).

The date was incorrectly published. It should read “Tuesday, January 13, 1998,” not “Saturday, January 13, 1998.”


Proposal for Redesignation

The federal Job Training Partnership Act (JTPA) permits the Governor to redesignate Service Delivery Areas (SDAs) once every two years. The Texas Council on Workforce and Economic Competitiveness (TCWEC or Council), receives redesignation petitions and recommends approval to the Governor. Federal law requires the Governor to approve the request by March 1, 1998, to take effect on July 1, 1998, the beginning of the next JTPA fiscal year. The public must have a comment period prior to the Governor approving the request.

On January 13, TCWEC's Executive Committee recommended that the Governor approve a request to merge the Balance of Tarrant County SDA and Fort Worth Consortium SDA into a single JTPA SDA. All affected persons and organizations have an opportunity to comment on the proposed redesignation. The Governor directed TCWEC to publish this redesignation request and manage the public comment process which seeks local input on redesignation. After considering all comments, the Governor will make the final decision.

Request for Public Comments. Comments on this redesignation may be submitted to Will Reece, Director, Texas Council on Workforce and Economic Competitiveness, P.O. Box 2241, Austin, Texas 78768. All comments should be received by the Council no later than February 21, 1998. A copy of the request for redesignation presented to the Council and to the Governor is also available from the Council office at 512-936-8100.

TRD-9800548

Alexa Ray

Program Administrator

Texas Council on Workforce and Econ omic Competitiveness

Filed: January 14,1998