TITLE in-addition

Office of the Attorney General

Notice of Request for Proposals

The Office of the Attorney General (OAG) hereby gives notice of a Request for Proposals (RFP) for the provision of expert witness services in the form of scientifically acceptable DNA paternity testing services and litigation support, including testimony, in proceedings pursuant to Texas law. Offerors may propose to perform the requested service in both in state and out of state cases.

The OAG Child Support Division has 74 unit offices located throughout the state which serve certain specified counties. The unit offices are organized into eight Administrative Areas. Offerors may propose to perform services for all Administrative Areas or to perform services for one or more Administrative Areas. The OAG estimates that it will require services for approximately 14,385 paternity cases each year.

The OAG reserves the right to make one or more awards. Award(s) may be for the entire state or for one or more Administrative Areas.

The OAG cannot and does not guarantee the acquisition of any quantities. Total for the Contract will be determined by usage.

Copies of the RFP may be requested from: Ms. Vickie Pounds, Purchaser III, Office of the Attorney General, 300 West 15th Street, 3rd Floor, Austin, Texas 78701 (delivery address), Post Office Box 12548, Austin, Texas 78711-2548 (mail address), or by facsimile (512) - 397-1627. The request should include the name of the Requestor, the Address of the Requestor, the name of a contact person, and a telephone and facsimile number for that person. Requests for a Request for Proposals may be sent to the OAG beginning on the date that this notice is published in the Texas Register .

The closing date for the receipt of proposals is June 22, 1998.

TRD-9807834

Sarah Shirley

Assistant Attorney General

Office of the Attorney General

Filed: May 13, 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 May 5, 1998, through May 11, 1998:

FEDERAL AGENCY ACTIONS:

Applicant: Orange County Sheriff's Department; Location: On the west bank of the Sabine River, south of Henderson, north of Polk, and east of Market, in Orange, Orange County, Texas; Project Number: 98-0199-F1; Description of Proposed Action: The applicant proposes to construct a 38 foot by 32 foot boat slip and a covered boathouse with two berths and associated walkways. Construction would include the dredging of approximately 280 cubic yards of material to a depth of -4.5 to -6.0 feet mean sea level. A 38-foot bulkhead will be installed across the back of the boat slip. In addition, the applicant proposes to place approximately 64 cubic yards of concrete riprap in 12 by 12-foot areas along the northern and southern waterward ends of the boathouse below mean sea level; Type of Application: U.S.C.O.E. permit application #21278 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).

Applicant: Loren Smith and Alana Vickers; Location: On the southeast shoreline of Robinson Bayou, Lot 28 at the Lakefront Subdivision, League City, Galveston County, Texas; Project Number: 98-0201-F1; Description of Proposed Action: The applicant proposes to construct a boat slip by excavating approximately 160 cubic yards of material. The slip would be 45 feet long, 16 feet wide, and 6 feet deep. In addition, the applicant proposes to construct a 31-foot by 10-foot concrete bulkhead on the south side of the slip. The applicant proposes to mitigate wetland impacts by planting 1,000 square feet of smooth cordgrass adjacent to the site in conjunction with the mitigation project authorized by the Department of the Army Permit 19466(02); Type of Application: U.S.C.O.E. permit application #21107 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).

Applicant: DeKaizered, Inc.; Location: Number 1 Wharf Street, Houston Ship Channel, in the proximity of the Turning Basin, Houston, Harris County, Texas; Project Number: 98-0202-F1; Description of Proposed Action: The applicant proposes to conduct maintenance dredging of a 700 foot by 125-foot area. Construction of a levee area is proposed to prevent erosion; Type of Application: U.S.C.O.E. permit application 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).

Applicant: Petro-Guard Production; Location: In Matagorda Bay and vicinity, Calhoun and Matagorda Counties, Texas; Project Number: 98-0204-F1; Description of Proposed Action: The applicant proposes to amend the blanket permit to add State Tract 629S-Gulf of Mexico, State Tract "M"-Matagorda Island, Town Tract of Saluria-A-274, H.W. Hawes Survey-A-77, and H.W. Hawes Survey-A-78, to perform dredging of channels and maintenance dredging of existing channels; Type of Application: U.S.C.O.E. permit application #21161(01) 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).

Applicant: Petro-Guard Production; Location: In San Antonio Bay and vicinity, Calhoun County, Texas; Project Number: 98-0205-F1; Description of Proposed Action: The applicant proposes to amend the blanket permit to add the north half of State Tract 163, San Antonio Bay to the permit area for mineral development; Type of Application: U.S.C.O.E. permit application #15775(06) 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).

Applicant: Petro-Guard Production; Location: In Espiritu Santo Bay and Pringle Lake, Calhoun County, Texas; Project Number: 98-0206-F1; Description of Proposed Action: The applicant proposes to amend the blanket permit to add the north half of State Tract 224, Espiritu Santo Bay to the permit area for mineral development; Type of Application: U.S.C.O.E. permit application #11006(12) 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: Texas Department of Transportation; Location: Approximately 7.5 miles west of the Texas Parks and Wildlife Department Peach Point Wildlife Management Area and approximately 5 miles northwest of the San Bernard National Wildlife Refuge, Brazoria County, Texas; Project Number: 98-0200-F2; Description of Proposed Action: The applicant proposes to establish a 3,825-acre mitigation bank to increase the functional habitat values for fish and wildlife; Type of Application: U.S.C.O.E. application #MB017 under §404 of the Clean Water Act (33 U.S.C.A. §§1344).

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-9807800

Garry Mauro

Chairman

Coastal Coordination Council

Filed: May 13, 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 05/18/98 - 05/24/98 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 05/18/98 - 05/24/98 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-9807790

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 12, 1998


Request for Interpretation of Subtitle 2, Title 79

Under provisions of Texas Finance Code, §14.108, the consumer credit commissioner may issue interpretations of Subtitle 2, Title 79, Texas Revised Civil Statutes Annotated, Article 5069-3A.001 et seq . Sections 311.031(c) and (d) of the Code Construction Act speak directly to the precedential significance of the simultaneous passage of the Texas Credit Title and the Texas Finance Code. In the instance in which a code provision conflicts with a statute, the above-referenced sections of the Code Construction Act indicate that the statutory provision prevails.

The Texas Finance Code was a product of the constitutional amendment to codify the revised statues into code format. Part of the Texas Finance Code is the codification of the Texas Credit Code . The Texas Credit Title , a substantive rewrite of the Texas Credit Code , contains a provision dealing with conflicting legislation passed by the same legislature which gave precedence to the Texas Credit Title . Because the sections referenced in this interpretation request conflict with provisions in the Texas Finance Code, the consumer credit commissioner has authority, pursuant to the Texas Finance Code, to interpret the provisions in the Texas Credit Title .

The consumer credit commissioner has received the following request for an interpretation:

Request Number 98-01. Request from Mark Morris, Chase Bank of Texas, N.A., regarding certain charges under Article 5069-Chapter 3A.001 et seq . The request poses two questions:

1. On a loan utilizing the true daily earnings method or scheduled installment earnings method, is it permissible to charge "points?"

2. Does Article 3A.507 and 3A.852(b) permit a lender to impose more than one of the listed permissible collection charges in each section?

Interested parties may submit briefs and proposals pertaining to the issue under consideration to Leslie L. Pettijohn, Commissioner, Office of Consumer Credit Commissioner, 2601 North Lamar, Austin, Texas 78705, until June 22, 1998.

TRD-9807791

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 12, 1998


Texas Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on April 3, 1998, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

ORAL STENOGRAPHY : Julie Lynne Acrea-Richardson; Shana Dawn Eckard-Fort Worth; and Tonya Lonnell Houghton-Hurst.

MACHINE SHORTHAND: Natalie Alva-San Antonio; Michelle Renee Antos-Austin; Heather Nicole Barker-Dallas; Tamara Kay Chapman- Pasadena; Susan Michele Rae Cook-Kaufman; Kimberly Donelle Davis- Houston; Kimberly Ann Gilson-Irving; Kimberly Lin Goodwin-Plano; Trenna M. Lacy-Abilene; Stephanie A. Larsen-Marble Falls; Deborah A. Marks-Dallas; Melissa Gwyn McPherson-Corsicana; Vicente Mendoza-Abilene; Cynthia M. Montalvo-Needville; Sylvia Arriaga Quesada-San Antonio; Julia Maricela Rangel-New Caney; Robyn Marie Rodriguez-Allen; Sheryl Elaine Stapp-Corpus Christi; Kathleen Ann Supnet-El Paso; Hilary Anne Thomas-Austin; Ava Claire Tuck- Dallas; Kimberly Kaye Wallace-Dale; and Dawn Anette Weeks- Garland.

TRD-9807517

Peg Liedtke

Executive Secretary

Texas Court Reporters Certification Board

Filed: May 8, 1998


Texas Department of Criminal Justice

Notice of Solicitation - Cancellation

The Texas Department of Criminal Justice - Parole Division hereby provides notice of cancellation of Solicitation 696-8-PP-008 published in the April 3, 1998, issue of the Texas Register (23 TexReg 3598).

TRD-9807868

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: May 13, 1998


Notice to Bidders

The Texas Department of Criminal Justice invites bids for Regional Distribution Warehouse Snyder, Texas. The project consists of an addition of approximately 40,000 square foot dry storage warehouse, 20,000 square feet cold storage, and office space renovation to an existing warehouse facility for the Texas Department of Criminal Justice at Snyder Texas as shown on the contract documents.

All work will be awarded under one lump-sum contract. The successful bidder will be required to meet the following requirements and submit evidence to Owner within five days after receiving notice of intent to award from the Owner:

A. Contractor must have a minimum of five consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract.

Bid Documents can be purchased from the Architect/Engineer at a cost of $200 (non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer: Prozign, Incorporated, 5701 Woodway, Suite 200, Houston, Texas 77057; telephone: (713) 977-6090.

A Pre-Bid conference will be held on May 28, 1998, at 10:00 a.m. at the Daniel Unit, Scurry County, Snyder, Texas. Assemble at the contact visitation area of the Administration Building of the unit. A site visit at the Warehouse property will be held immediately following the pre-bid conference. Attendance for both is mandatory. Bids will be publicly opened and read at 2:00 p.m. June 17, 1998, in the Blue Room at the Facilities Division located in the warehouse building of the TDCJ Administrative Complex (formally Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-9807867

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: May 13, 1998


Interagency Council on Early Childhood Intervention

Notice of Public Hearings

The Interagency Council on Early Childhood Intervention will conduct public hearings pursuant to the Individuals with Disability Education Act (IDEA) relating to the agency's mediation procedures on the following dates:

June 22, 1998 from 11:30 a.m. - 1:00 p.m. at the

Heart of Texas Region MHMR Center

110 South 12th Street

Waco, Texas 76701

Contact Person: Wendy Winkler - 254/752-3451

June 23, 1998 from 11:30 a.m. - 1:00 p.m. at the

Easter Seal Rehabilitation Center

2203 Babcock Road

San Antonio, Texas 78229

Contact Person: Lou Mangold - 210/614-3911

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the public hearing should contact the agency at 512/424-6754. All request should be made at least three working days before the hearing if possible.

The purpose of the public hearings is to clarify the agency's process for providing mediation services, to receive comments on the mediation procedures for the Interagency Council on Early Childhood Intervention and to revise the state plan accordingly.

The requirements of the Individuals with Disabilities Education Act, Part C directs participating states to conduct public hearings on the agency's mediation process and receive comment on it.

Written comments may be submitted to Ms. Christy Dees, Interagency Council on Early Childhood Intervention, 4900 North Lamar, Austin, Texas 78751. All written comments must be received in this office or postmarked no later than June 23, 1998. Questions may be directed to Ms. Christy Dees at 512/424-6754.

TRD-9807877

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: May 13, 1998


Texas Education Agency

Open-Enrollment Charter Guidelines and Application

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-98-016 from eligible entities to operate open-enrollment charter schools. Eligible entities include public institutions of higher education, private or independent institutions of higher education, organizations exempt from taxation under the Internal Revenue Code of 1986 (26 United States Code, §501(c)(3)), or governmental entities. Each prospective applicant is requested to send notice in writing of its intent to submit an application. The notice of intent must be sent to the Division of Charter Schools, Room 6-124, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701-1494. Failure to notify TEA of intent to apply does not disqualify an applicant from submitting an application for an open-enrollment charter.

Description. The purpose of an open-enrollment charter is to provide an alternative avenue for restructuring schools. An open-enrollment charter offers flexibility and choice for educators, parents, and students. An approved open-enrollment charter school may be located in a facility of a commercial or nonprofit entity or in a school district facility. If the open-enrollment charter school is to be located in a school district facility, it must be operated under the terms established by the board of trustees or governing body of the school district in an agreement governing the relationship between the school and the district.

An open-enrollment charter school will provide instruction to students at one or more elementary or secondary grade levels as provided by the charter. It is governed under the specifications of the charter and retains authority to operate for the term of the charter contingent on satisfactory student performance as defined by the state accountability system. An open-enrollment charter school does not have the authority to impose taxes.

An open-enrollment charter school is subject to federal laws and certain state laws governing public schools, including laws and rules relating to a criminal offense, requirements relating to the Public Education Information Management System (PEIMS), criminal history records, high school graduation, special education programs, bilingual education, prekindergarten programs, extracurricular activities, health and safety provisions, and public school accountability. An open-enrollment charter school is immune from liability to the same extent as a school district, and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers. An employee of an open-enrollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered.

Dates of Project. Application receipt deadline for review is July 24, 1998.

Project Amount. For each student enrolled in an open-enrollment charter school, Texas Education Code (TEC), §12.106(b), requires the commissioner of education to distribute to the school an amount equal to the following: the amount provided for the student under the specific Foundation School Program for which the school is chartered, plus the transportation allotment for which the student would be entitled; less an amount equal to the sum of the school's tuition receipts, plus the school's distribution from the Available School Fund. An open-enrollment charter school is entitled to receive local funds from the school district in which a student attending the school resides and may not charge tuition. An open-enrollment charter shall not discriminate in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic or athletic ability, or the district the child would otherwise attend. An open-enrollment charter school may deny admission to a student with a criminal record or documented discipline problems.

Selection Criteria. The State Board of Education (SBOE) may approve open-enrollment charter schools as provided in TEC, §12.101, and §12.1011. TEC, §12.1011(a)(1), authorizes the SBOE to grant not more than 100 charters for open-enrollment charter schools that adopt an express policy providing for the admission of students eligible for a public education grant under TEC, Chapter 29, Subchapter G. On March 6, 1998, the SBOE selected 41 applications submitted under TEC, §12.1011(a)(1), in response to a request for applications published in the August 29, 1997, issue of the Texas Register . Additionally, TEC, §12.1011(a)(2), authorizes the SBOE to grant an unspecified number of charters for open-enrollment charter schools for which at least 75% of the prospective student population, as specified in the proposed charter, will be students who have dropped out of school or are at risk of dropping out of school as defined by TEC, §29.081. An application for an open-enrollment charter must state whether it is being submitted for consideration under TEC, §12.1011(a)(1), or TEC, §12.1011(a)(2). Applications submitted under TEC, §12.1011(a)(1), will be considered separately from those submitted under TEC, §12.1011(a)(2). The following criteria will be considered in determining the selection of all open-enrollment charters: (1) school vision and goals; (2) governance structure; (3) effectiveness of educational programs; (4) compliance with accountability requirements; (5) pedagogy and faculty qualifications; (6) budgeting process; (7) ability to comply with PEIMS data submissions; and (8) evidence of parental support. The SBOE may approve applicants to ensure representation of urban, suburban, and rural communities; various instructional settings; innovative programs; diverse student populations and geographic regions; and various eligible entities. The SBOE will consider Statements of Impact from any school district whose enrollment is likely to be affected by the open-enrollment charter school. The SBOE may also consider the history of the sponsoring entity and the credentials and background of its board members.

Requesting the Application. An application must be submitted under SBOE guidelines to be considered. A complete copy of the publication "Open-Enrollment Charter Guidelines and Application" (RFA #701-98-016), which includes an application and procedures, may be obtained by writing the: Division of Charter Schools, Room 6-124, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701- 1494, or by calling (512) 463-9575.

Further Information. For clarifying information about the open-enrollment charter school application, contact Brooks Flemister, Division of Charter Schools, Texas Education Agency, (512) 463-9575 or by e-mail at bflemist@tmail.tea.state.tx.us.

TRD-9807873

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: May 13, 1998


Request for Applications Concerning Even Start Family Literacy Program, 1998–1999

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-98-011 that is authorized by Public Law 103-382, Part B of Title I of the Elementary and Secondary Education Act, as amended. Applications are being requested from a local education agency applying in partnership with a community-based organization, a public agency, an institution of higher education, or other nonprofit organization; or a community-based organization or other nonprofit organization of demonstrated quality applying in partnership with a local education agency; or an education service center applying as a fiscal agent of a shared services arrangement of school districts in partnership with a community-based organization, a public agency, an institution of higher education or other nonprofit organization to develop a program to improve the educational opportunities of children and adults by integrating early childhood and adult education for parents into a unified program.

Description. The overall objectives of the Even Start Family Literacy Program include the following: to provide family-centered education projects that help parents become full partners in the education of their children; to assist children receiving early childhood education in reaching their full potential as learners; to provide literacy training for parents of family units participating in the project; to improve the educational opportunities of the nation's children and adults by integrating early childhood education and adult education for parents into a unified program; to assist families with parenting strategies in child growth and development and educational process for children from birth through age seven; and to coordinate efforts that build on existing community resources to create a new range of services.

To qualify for this program, a family must be in need of the Even Start services, as indicated by a low-level income, a low level of adult literacy or English language proficiency of the eligible parent or parents, and other need-related indicators. Eligible participants in this program are as follows: a parent or parents who are eligible for participation in an adult basic education program under the Adult Education Act; or a parent or parents who are within the State's compulsory school attendance age range, so long as a local education agency provides (or ensures the availability of) the basic education component; and a child or children, from birth through age seven, of the parents as described previously. The family must participate in all elements of the program.

Dates of Project. The Even Start Family Literacy Program will be implemented during the 1998-1999 school year. Applicants should plan for a starting date of no earlier than September 1, 1998, and an ending date of no later than August 31, 1999.

Project Amount. Funding will be provided for approximately 12 projects. Federal law requires that each grant be at least $75,000 per year. Funding for continuation of the project each year, for up to four years, will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the commissioner of education and the state legislature. This project is funded 90% from Title I federal funds ($2,398,350) and 10% from nonfederal sources ($266,483). Cost sharing for the four years will be: 10% of the total cost of the program in the first year the eligible entity receives assistance; 20% in the second year; 30% in the third year; 40% in the fourth year; and 50% for any program refunded for another four years.

Selection Criteria. Applications will be reviewed on a competitive basis and approved on the ability of each applicant to carry out all requirements contained in the RFA. The TEA reserves the right to select from the highest ranking applications, programs that are representative of urban and rural areas of the state.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-98-011 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA number in your request.

Further Information. For clarifying information about the RFA, contact Lilie Elizondo-Limas or Effie Franklin, Division of Adult and Community Education, Texas Education Agency, (512) 463-9294.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Monday, June 29, 1998, to be considered.

TRD-9807835

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: May 13, 1998


Request for Applications Concerning 1998-2000 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant Program

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-98-014 from public school districts on behalf of an individual school campus. The campus must have demonstrated a commitment to campus deregulation and to restructuring educational practices and conditions by entering into a partnership with representatives of all of the following entities: school staff; parents of students; community and business leaders; school district officers; a nonprofit, community-based organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards; and the TEA. A separate application specific to the applying campus must be submitted for each campus for which the district is applying. Any campus that has been selected or is operating a 1997-1999 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement grant is not eligible to apply for or to receive a 1998-2000 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant.

Description. The purpose of this initiative is to assist eligible individual public school campuses in implementing practices and procedures consistent with deregulation and school restructuring to improve student achievement and in identifying and training parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. Grants must be used to train and develop school staff, parents, and community and business leaders so they understand and implement the: (1) academic standards and practices necessary for high academic achievement; (2) appropriate strategies to deregulate and restructure the school to improve student achievement; and (3) effective strategies to organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards. No more than 20% of the total grant funds may be used to implement the academic standards and practices necessary for high academic achievement. No more than 25% of the total grant funds may be used to implement strategies developed by partners that are designed to enrich and extend student learning experiences outside of the regular school day. Grantees must demonstrate: (1) the development and implementation of a comprehensive plan to engage in ongoing development and training of teachers, parents, and community leaders to: (a) understand academic standards; (b) develop effective strategies to improve academic performance; and (c) organize a large constituency of parents and community leaders to hold the school and school district accountable for achieving high academic standards; (2) ongoing progress in achieving higher academic performance; and (3) ongoing progress in identifying, training, and organizing parents and community leaders who will hold the school and the school district accountable for achieving high academic standards.

Dates of Project. The Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant Program will be implemented during the 1998-1999 and 1999-2000 school years. Applicants should plan for a starting date of no earlier than December 1, 1998, and an ending date of no later than August 31, 2000.

Project Amount. Funding will be provided for approximately 30 projects. Each project will receive a maximum of $25,000.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. The TEA reserves the right to select from the highest ranking applications campuses whose total percent of identified students from low-income families is 60% or higher or campuses whose total percent of students passing all tests taken on the school year 1997-1998 Texas Assessment of Academic Skills (TAAS) was below the state average. Campuses meeting the "low income" or TAAS criterion will be identified by the TEA with data from the Public Education Information Management System (PEIMS) and the Academic Excellence Indicator System (AEIS).

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-98-014 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA number in the request.

Further Information. For clarifying information about the RFA, contact Kathleen Burke, Texas Education Agency, Division of Special Projects, (512) 463-8306.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Friday, August 14, 1998, to be considered.

TRD-9807844

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: May 13, 1998


Fire Fighters' Pension Commission

Request for Proposal for Master Trust Custodial Services

Request for Proposal for Master Trust Custodial Services for the Texas Statewide Emergency Services Personnel Retirement Fund Administered by the Office of the Fire Fighters' Pension Commissioner

Introduction. The Office of the Fire Fighters' Pension Commissioner (the Office) issues this notice of request for proposal seeking a master trust custodian to provide custodial services to the Board of Trustees and the Commissioner of the Office for the assets of the Texas Statewide Emergency Services Personnel Retirement Fund (the Fund). At the end of fiscal year 1997, the Fund had assets with a market value of approximately $25 million.

Services. Services to be provided by the master trust custodian include: (1) holding the Fund Custodian Account as a trust account for the sole benefit of and in the name of the Texas Statewide Emergency Services Personnel Retirement Fund; (2) holding Depository Trust Company eligible securities in book-entry form in the Depository Trust Company, unless otherwise instructed by the Office; (3) holding all Federal Reserve book-entry items in book-entry form in the Custodian's trust fiduciary account at the Federal Reserve, unless otherwise instructed by the Office; (4) holding all Participant Trust Company eligible securities in book-entry form in a Participant Trust Company sub-account established by the Custodian, unless otherwise instructed by the Office; (5) obtaining a nominee name to be reserved for Fund assets and all marketable securities that are not book-entry eligible, and holding the Fund assets in such nominee name, unless otherwise instructed by the Office; (6) signing a master receipt for all securities taken into custody by the Custodian; (7) providing a billing statement for any associated transition costs at the completion of the transition/conversion phase of the project; (8) providing detailed monthly or quarterly statements of services and fees coinciding with the fiscal year of the Office; (9) providing daily on-line downloadable reports that enable the Office to reconcile daily transactions, cash balances, asset listings and cash projections in a usable format; (10) providing daily on-line information to the Office for pending transactions, corporate actions and current market values; (11) providing monthly verified/audited reports downloadable to PC files no later than the tenth working day following the month end; (12) providing the software necessary for the Office to access the on-line system; and (13) upon a change in custodian, or at least once during the contract period, the Office may require the Custodian to verify and report exceptions concerning portfolio positions for cash, cash equivalents and securities, income items listed on the outstanding receivables report, reconciliations of transferred securities and cash, reconciling items between the Custodian and depository agents, open trades and corporate action items for one month prior, and one month following, the conversion date, month end pricing/valuation accuracy of the portfolio, and status of all tax reclaim filings.

Copies of the RFP. To receive a copy of the complete RFP, contact Morris E. Sandefer, Commissioner, Office of the Fire Fighters' Pension Commissioner, 920 Colorado Street, 11th floor, Austin, Texas 78701. Telephone (512) 936-3473; facsimile no. (512) 936-3480.

Written Questions. Questions concerning the RFP may be submitted in writing, no later than May 26, 1998, to Morris E. Sandefer, Commissioner, Office of the Fire Fighters' Pension Commissioner, 920 Colorado Street, 11th floor, Austin, Texas 78701. Telephone (512) 936-3473; facsimile no. (512) 936-3480.

Closing Date for Receipt of Proposals. Fifteen copies of the proposal, including two unbound copies, must be submitted in accordance with Section VI of the RFP to Morris E. Sandefer, Commissioner, Office of the Fire Fighters' Pension Commissioner, 920 Colorado Street, 11th floor, Austin, Texas 78701 no later than 12:00 noon, CDST, on June 5, 1998. Proposals received after the deadline will not be considered by the Office and will be returned, unopened, to the proposer.

Evaluation Process. Proposals meeting the minimum qualifications for consideration will be evaluated and scored by representative(s) of the Fund's investment consulting firm. The evaluation and scoring matrix used by the investment consulting firm representative(s) will be provided to the Board of Trustees of the Fund, together with any written recommendations or comments. The top ranked three proposers, as scored by the investment consulting firm representative(s), will be invited to make presentations to, and be interviewed by, the Board of Trustees at a meeting that probably will be held in College Station, Texas on July 17, 1998. Ultimate selection of a custodian for the Fund is the responsibility of the Board of Trustees.

The Office is not obligated to execute a contract as a result of the issuance of this RFP. The RFP does not commit the Office to pay any costs incurred before a contract is executed, nor does it obligate the Office to award a contract or pay any costs incurred in preparing a response to the RFP.

TRD-9807865

Morris Sandefer

Commissioner

Fire Fighters' Pension Commission

Filed: May 13, 1998


General Land Office

Notice of Contract Award

Pursuant to §2254.001, et seq., Texas Government Code, the General Land Office (GLO) files this notice of a contract award to Shiner, Moseley and Associates, Inc., 2820 South Padre Island Drive, Suite 210, Corpus Christi, Texas 78415-1818. A Request for Qualifications for these professional engineering services was published in the February 13, 1998 issue of the Texas Register (23 TexReg 1398).

The engineer will provide professional engineering services for the Shamrock Island restoration project. Engineer will assist in project development and evaluation of alternatives for an erosion response structure to address the chronic erosion problem on Shamrock Island. This award has been denominated as GLO Contract Number 98-216R and compensation shall not exceed the amount of $94,500.00. Contract period begins on April 17, 1998, and terminates August 31, 1999.

A minimum of seven complete copies of the final report and other required work products shall be provided to GLO in accordance with a schedule to be determined by mutual agreement.

TRD-9807413

Garry Mauro

Commissioner

General Land Office

Filed: May 7, 1998


Texas Health and Human Services Commission

Provider Contract Provisions - Senate Bill 30

Pursuant to section 2.07 of Senate Bill 30, 75th Legislative Session, the Texas Health and Human Services Commission is required to develop a new provider contract for health care services that contains provisions designed to strengthen the commission's ability to prevent provider fraud under the state Medicaid program. The commission is also required to solicit suggestions and comments from representatives of providers in the state Medicaid program in developing the new provider contract. After the new provider contract is complete, the commission and each agency operating part of the state Medicaid program by rule shall require each provider who enrolled in the program before completion of the new contract to reenroll in the program under the new contract or modify the provider's existing contract in accordance with commission or agency procedures as necessary to comply with the requirements of the new contract. A provider must reenroll in the state Medicaid program or make the necessary contract modifications not later than September 1, 1999, to retain eligibility to participate in the program.

To solicit suggestions and comments from representatives of providers in the state Medicaid program in developing the new provider contract, the commission is using two methods: (1) publishing the proposed new provider contract language in the Texas Register , and (2) mailing the proposed new provider contract language to identified provider groups such as the Texas Medical Association and the Texas Osteopathic Medical Association.

If you are a provider in the Medicaid program or are a representative of providers in the Medicaid program and have suggestions or comments on the new provider contract language, please submit them in writing to Rebecca Herron, Texas Health and Human Services Commission, P. O. Box 13247, Austin, Texas 78711-3247. Comments must be received no later than 30 days following publication of this proposal in the Texas Register .

1. Provider has not been excluded or debarred from participation in any program under Title XVIII (Medicare) or any program under Title XIX (Medicaid) under any of the provisions of Section 1128(a) or (b) of the Social Security Act (42 U.S.C. §1320a-7), or Executive Order 12549. Provider must notify (operating agency) within three (3) days of the time it receives notice that any action is being taken against Provider or any person defined under the provisions of section 1128(a) or (b), which could result in exclusion from the Medicaid program. Provider agrees to comply with 45 C.F.R. Part 76, "Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)." This regulation requires the Provider, in part, to: (a) execute the attached "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions" (Attachment ___) upon execution of this agreement; (b) provide written notice to the (operating agency) if at any time the Provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances; and (c) require compliance with 45 C.F.R. Part 76 by participants in lower tier covered transactions.

2. This contract is subject to all state and federal laws and regulations relating to fraud and abuse in health care and the Medicaid program. As provided by 42 C.F.R. § 431.107, Provider agrees to keep any records necessary to disclose the extent of services provided by the Provider to individuals in the Medicaid program, and, on request, provide free of charge to the (operating agency), the (operating agency's) agent, the Texas Health and Human Services Commission, the Texas Attorney General's Medicaid Fraud Control Unit, the Health Care Financing Administration, the Texas Department of Insurance, the Federal Bureau of Investigation, and/or the United States Department of Health and Human Services any such records and any information regarding payments claimed by the Provider under this agreement, as well as any records or information requested by these agencies and/or their agents. Provider must cooperate and assist (operating agency) and any state or federal agency charged with the duty of identifying, investigating, sanctioning, or prosecuting suspected fraud and abuse. Provider must also allow these agencies and/or their agents access to its premises.

3. The Texas Attorney General's Medicaid Fraud Control Unit and the Texas Health and Human Services Commission's Office of Investigations and Enforcement may conduct private interviews of Provider personnel, subcontractors and their personnel, witnesses, and patients. Requests are to be complied with in the form and the language requested. Provider personnel and subcontractors and their personnel are to cooperate fully in making Provider personnel and subcontractors and their personnel available in person for interviews, consultation, grand jury proceedings, pre-trial conferences, hearings, trials, and in any other process, including investigations at Provider's and the subcontractor's own expense.

4. Provider agrees to keep its application for participation in the Medicaid program current by informing the (operating agency) in writing of any changes to the information contained in its application, including, but not limited to, changes in ownership or control, federal tax identification number, or provider business addresses, at least ten (10) days prior to making such changes. Provider also agrees to notify the (operating agency) within three (3) business days of any restriction placed on or suspension of the provider's license or certificate to provide medical services.

5. Provider agrees to submit claims for payment in accordance with billing guidelines and procedures promulgated by the (operating agency), including electronic claims. Provider certifies that information submitted regarding claims will be true and accurate, complete, and that such information can be verified by source documents from which data entry is made by the Provider. Further, Provider understands that payment of the claim will be from federal and state funds and that any falsification or concealment of a material fact may be prosecuted under federal and state laws.

6. Provider agrees to disclose information on ownership and control, information related to business transactions, and information on persons convicted of crimes in accordance with 42 C.F.R. Part 455, Subpart B, and provide such information on request to the (operating agency), the Texas Health and Human Services Commission, the Texas Department of Health, the Texas Department of Protective and Regulatory Services, the Texas Attorney General's Medicaid Fraud Control Unit, the Health Care Financing Administration, and/or the United States Department of Health and Human Services.

TRD-9807869

Marina S. Henderson

Interim Commissioner

Texas Health and Human Services Commission

Filed: May 13, 1998


Texas Department of Housing and Community Affairs

Housing Trust Fund-Notice of Funding Availability

The Texas Department of Housing and Community Affairs, through its Housing Trust Fund, is pleased to announce that it will make available approximately one million nine hundred thousand dollars ($1,900,000) in loan funds to finance, acquire, rehabilitate, and develop safe, decent and affordable multifamily housing for low, very low, and extremely low income persons and families, and individuals with special needs.

The Housing Trust Fund was designed to provide gap financing, to ensure that projects have the final amount of funding necessary for the completion of a project. The maximum award amount is four hundred seventy-five thousand dollars ($475,000). Mixed income projects are encouraged, providing that a portion of the units are targeted towards families at or below eighty percent (80%) of area median income.

Eligible applicants include local units of government, nonprofit organizations, for profit organizations, public housing authorities, and community housing development organizations (CHDO). Funding set-asides are as follows:

$1,045,000 All eligible groups may compete for funds

$ 855,000 Reserved for eligible nonprofit and community housing development organizations

Applications meeting threshold criteria will be evaluated and scored within the three categories of leveraging, housing need, and program design. Applications will then be selected based on program scoring criteria, with consideration given to geographic distribution, applicant's past history with the Department, and community impact. An applicant's high score is used to evaluate the project and does not, in and of itself, guarantee that an award will follow. The Department will also look at credit underwriting and the developer's experience. The Department's Board of Directors reserves the right to change the award amount, to award less than the requested amount, or to not make any awards.

Applications may be submitted until 5:00 p.m., July 24, 1998.

FAXED APPLICATIONS WILL NOT BE ACCEPTED.

All interested parties are encouraged to participate in this program. Applications will be available on May 22, 1998. For additional information, or to request an application package, please call the Housing Trust Fund Office at (512) 475-1458, or e-mail your request to jpierce@.tdhca.state.tx.us . Please direct your applications to: Texas Department of Housing and Community Affairs, Housing Trust Fund - Attn.: Keith Hoffpauir, Post Office Box 13941, Austin, Texas 78711-3941. Physical Address : 507 Sabine, Suite 800, Austin, Texas 78701.

TRD-9807875

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 13, 1998


Housing Trust Fund/State Energy Conservation Office, Housing Partnership Program, Notice of Funding Availability

The Texas Department of Housing and Community Affairs' (TDHCA) Housing Trust Fund, in conjunction with the General Services Commission State Energy Conservation Office (SECO), is pleased to announce that it will make available two million dollars ($2,000,000) of Exxon Oil Overcharge funds to be utilized in both single family and multifamily developments across the state. The award of funds is contingent upon the imminent execution of an agreement between TDHCA and SECO.

These funds may be used to improve the energy efficiency of housing which serves individuals, families, and persons with special needs whose income is above fifty percent (50%), and not more than eighty percent (80%), of Area Median Family Income.

Eligible applicants include local units of government, nonprofit organizations, for profit organizations, public housing authorities, and community housing development organizations (CHDO). Funding set-asides are as follows:

$300,000 All eligible groups, excluding for profit organizations, may compete for funds

$935,000 All eligible groups, including for profit organizations, may compete for funds

$765,000 Reserved for eligible nonprofit and community housing development organizations

Applications will be selected based upon program scoring criteria, with consideration given to geographic distribution, applicant's past history with the Department, and community impact. An applicant's high score is used to evaluate the project but does not, in and of itself, guarantee an award will follow. The Department's Board of Directors reserves the right to change the award amount, to award less than the requested amount, or to not make any awards.

Applications must be received at TDHCA by 5:00 p.m. on July 3, 1998.

FAXED APPLICATIONS WILL NOT BE ACCEPTED.

All interested parties are encouraged to participate in the program. For more information, or to request a proposal package, please contact the Housing Trust Fund office at (512) 475-1458, or e-mail jpierce@tdhca.state.tx.us . Please direct your proposal to : Texas Department of Housing and Community Affairs, Housing Trust Fund, Attn.: Keith Hoffpauir, P.O. Box 13941, Austin, Texas 78701. Physical Address : 507 Sabine, Suite 800, Austin, Texas 78701.

TRD-9807876

Larry Paul Manley

Executive Directors

Texas Department of Housing and Community Affairs

Filed: May 13, 1998


Notice of Public Hearing

MANUFACTURED HOUSING DIVISION

Notice is hereby given of a public comment period to be held by the Texas Department of Housing and Community Affairs (the "Department") at 507 Sabine Street, 4th Floor Board Room, Austin, Texas, at 9:00 a.m. to 1:00 p.m., Wednesday, June 24, 1998, to discuss the proposed rules 10 Texas Administrative Code, §80 (West Pamphlet 1997)("Rules"), concerning manufactured housing. The proposed manufactured housing rules are published in the May 8, 1998, Texas Register.

All interested parties are invited to attend such public hearing to express their views with respect to the proposed manufactured housing rules. Questions or requests for additional information may be directed to Sharon S. Choate at the Texas Department of Housing and Community Affairs Manufactured Housing Division, 507 Sabine Street, 10th Floor, Austin, Texas 78701; (512) 475-2892.

Persons who intend to appear at the hearing and express their views are invited to contact Sharon S. Choate in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their comments in writing to Sharon S. Choate prior to the date scheduled for the hearing. Written comments may be sent to the Texas Department of Housing and Community Affairs, Manufactured Housing Division, P. O. Box 12489, Austin, Texas 78711-2489 or comments may be faxed to (512) 475-4760.

This notice is published and the previously described hearing is to be held in satisfaction of the requirements of the Texas Manufactured Housing Standards Act, Texas Revised Civil Statutes Annotated, Article 5221f (Vernon 1997) and 10 Texas Administrative Code (West Pamphlet 1997).

Individuals who require auxiliary aids for this meeting should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1 (800) 735-2989 at least two days prior to the meeting so that appropriate arrangements can be made.

TRD-9807811

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 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 PINKSTON LIFE INSURANCE COMPANY to AMERICAN INDUSTRIES FAMILY LIFE INSURANCE COMPANY, a domestic life company. The home office is located in Houston, Texas.

Application to change the name of THE MILLERS MUTUAL FIRE INSURANCE COMPANY to THE MILLERS INSURANCE COMPANY, a domestic property and casualty company. The home office is located in Fort Worth, Texas.

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

Any objections must be filed within 20 days after this notice has been 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-9807514

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 8, 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 Administrative Services of Texas, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

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

TRD-9807786

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 12, 1998


Texas Department of Mental Health and Mental Retardation

Awarding of Contract

The Texas Department of Mental Health and Mental Retardation (TDMHMR) has entered into a major consulting services contract with Pareto Solutions, LC, 1237 Avondale Lane, West Palm Beach, Florida, 33409, pursuant to Texas Government Code, Chapter 2254, Subchapter B.

The consultant will assist TDMHMR in determining the appropriate reimbursement structure for compensating behavioral health managed care organizations and other support organizations participating in NorthSTAR, a managed behavioral health program. TDMHMR and the Texas Commission on Alcohol and Drug Abuse will administer NorthSTAR, which is scheduled for implementation in July 1999.

Notice of the Request for Offers of Consulting Services was published in the February 6, 1998 issue of the Texas Register (23 TexReg 1221).

The total value of the contract is $65,000.00.

The term of the contract is March 25, 1998 through August 31, 1998.

TRD-9807550

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: May 11, 1998


Texas Natural Resource Conservation Commission

Notice of Application for Amendment to Certificate of Adjudication Pursuant to Texas Water Code §11.122 Requiring Notice to Interjacent Appropriators

Notice was mailed May 11, 1998, on the following applications.

Application No. 12-2830A to amend Certificate of Adjudication No. 12-2830; Applicant is Don Gromatzky, 402 South Williams, Hamilton, Texas 76531; Certificate of Adjudication No. 12-2830 was issued to Rickie Stephens, et ux and authorizes the diversion and use of not to exceed 117 acre-feet of water per annum from the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin. Diversion is authorized at a maximum rate of 1.78 cubic feet per second (cfs), which is 800 gallons per minute (gpm), for irrigation purposes in Comanche County, Texas. The time priority for the use of water for irrigation purposes, authorized under this certificate, is August 31, 1954. The applicant has purchased 30 acre-feet per annum of the water rights authorized under this certificate. The applicant seeks authorization to divert and use not to exceed 30 acre-feet of water per year from the Leon River, Brazos River Basin, at a maximum rate of 0.668 cfs (300 gpm) to irrigate 31 acres of land in Hamilton and Comanche Counties, approximately 9 miles northwest of Hamilton, Hamilton County, Texas. The land to be irrigated is owned by Paul Gromatzky. The Certificate of Adjudication will not be made appurtenant to the land to be irrigated. The water right amendment, if granted, will be junior in priority to the water rights authorized under Certificate of Adjudication Nos. 12-2829, 12-2831, 12-2832, 12-2834, 12-2836, 12-2837, 12-2838, 12-2839, 12-2840, and the remaining water rights included in Certificate No. 12-2830.

Application to combine the water rights authorized by Certificates of Adjudication Nos. 14-1920 and 14-1923 into Certificate of Adjudication No. 14-1920, and to amend said Certificate 14-1920, as combined. Applicants are Wallace and Tommy Maddox, HC 62, Box 38, Lometa, Texas 76853; Certificate of Adjudication No. 14-1920 was issued to E. L. Greene, Trustee, and authorizes the diversion and use of not to exceed 14 acre-feet of water per annum from the San Saba River, Colorado River Basin. The authorized diversion has a time priority of June 3, 1914. Diversion is authorized at a maximum rate of 1.56 cfs (700 gallons per minute) for irrigation purposes on property located approximately six miles northeast of San Saba, San Saba County, Texas. Certificate of Adjudication No. 14-1923 was issued to George M. Author and Kelly Author and authorizes diversion and use of not to exceed 15 acre-feet of water per annum from the San Saba River, tributary of the Colorado River, Colorado River Basin. The authorized diversion has the year 1915 as the time priority. Diversion is authorized at a maximum rate of 3.33 cfs (1500 gallons per minute) for irrigation purposes on property located in San Saba County. The authorized diversion point is downstream of the diversion point authorized by Certificate No. 14-1920. The water rights authorized by both of the above certificates are owned by Wallace and Tommy Maddox. The applicants seek authorization to: 1) combine the water rights authorized by Certificate No. 14-1923 into Certificate No. 14-1920; 2) amend Certificate No. 14-1920, as combined, by changing the purpose of use of the 29 acre-feet of water per annum from irrigation to industrial use; 3) change the existing diversion points on the San Saba River to one diversion point on the Colorado River downstream of the existing points; and 4) allow use of this water on property leased by the applicants located approximately 15 miles south of Goldthwaite in Mills County, with a condition that the water right not be appurtenant to the land. There are ten (10) water right holders with diversion points on the San Saba and Colorado Rivers downstream of the diversion points authorized by Certificate Nos.14-1923 and 14-1920 and upstream of the proposed diversion point. The time priority for diversion and use of the water authorized by this amendment, if granted, is June 3, 1914 and the year 1915, except that it will be junior in priority to the water rights authorized by Certificate of Adjudication Nos. 14-1919, 14-1921, 14-1922, 14-1923, 14-1924, 14-1925, 14-1926, 14-1927, 14-1928, 14-1929, and Application No. 2576, and anyone else who might be affected by the movement of this water right.

Application No. 14-1556A to amend Certificate of Adjudication No. 14-1556; Applicant is Tommie Murr, 214 North 19th, Junction, Texas 76849; Certificate of Adjudication No. 14-1556 was issued to Jack C. Hoggett and wife, Rosemary Hoggett on August 15, 1980. The Certificate authorizes the owners, with a time priority of March 22, 1904, to divert and use not to exceed 512 acre-feet of water per annum from three specific points on the South Llano River, tributary of the Llano River, tributary of the Colorado River, Colorado River Basin. Diversion is authorized at a maximum combined rate of 6.02 cubic feet per second (cfs), which is 2700 gallons per minute (gpm), to irrigate a maximum of 151 acres of land in Kimble County, approximately 5.5 miles southwest of Junction, Texas. One of the above diversion points is also authorized under Certificate No. 14-1557. Both certificates include a condition indicating that the maximum diversion rate under Certificate Nos. 14-1556 and 14-1557 may not exceed the combined rate of 6.02 cfs (2700 gpm). Tommie Murr obtained ownership of a 50 acre-foot portion of the water rights authorized by Certificate No. 14-1556. The remainder of Certificate 14-1556 is owned by the Hoggetts and Beryl Jane Henderson. Certificate No. 14-1557 is owned by the Hoggetts. Applicant seeks to amend Certificate of Adjudication No. 14-1556 by establishing a diversion point on the South Llano River approximately 3 miles downstream of the currently authorized diversion points, and to establish the place of use for his 50 acre-foot portion of the water rights. Tommie Murr seeks to use his 50 acre-feet of water per annum for the irrigation of a maximum of 66.11 acres of land out of three tracts located in Kimble County, Texas. The diversion rate will not exceed the authorized maximum combined diversion rate of 6.02 cubic feet per second mentioned above (the existing maximum combined diversion rate authorized under Certificate Nos. 14-1556 and 14-1557). If approved, the applicant's water right under Certificate No. 14-1556 would have a time priority of March 22, 1904 associated with the water right, but would be junior in priority to water rights held by the other certificate holders under Certificate No. 14-1556. In addition, the applicant's water right would be junior in priority to the water rights held under Certificate Nos. 14-1557, 14-1558, 14-1559, 14-1560, 14-1561 and 14-1562.

The Executive Director may issue amendments to the Certificates of Adjudication on or after June 5, 1998, unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC on or before May 31, 1998. 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 application 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; and (5) the location of your property relative to the applicant's operations.

If a hearing request is filed, the Executive Director will not issue the amendment 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.

Requests for hearing must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. Written public comments may also be submitted to the Chief Clerk's Office on or before May 31, 1998. For information concerning technical aspects of the permit, contact Kellye Rila or Michelle Town, MC 160, at the same above PO Box address. For information concerning hearing procedures or citizen participation, contact the Public Interest Counsel, MC 103, at the same PO Box address. 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-9807782

Eugenia K. Brumm, Ph.D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 12, 1998


Notice of Availability/Invitation to Comment

The Texas Natural Resource Conservation Commission (TNRCC) announces the availability of the Draft 1995 and 1996 Updates to the Water Quality Management Plan for the State of Texas.

The Water Quality Management Plan (WQMP) is developed and promulgated pursuant to the requirements of Section 208 the federal Clean Water Act (CWA). The law requires area-wide water quality management planning in areas having significant water quality problems which can only be addressed on an area-wide basis. The governor of each state is authorized to designate such planning areas and representative organizations within them to develop area-wide waste treatment management plans. There are seven designated areas in Texas. A regional council is the designated planning agency in each of these areas. The water quality agencies for these seven areas are: the Lower Rio Grande Valley Development Council, the Coastal Bend Council of Governments, the Houston-Galveston Area Council, the South East Texas Regional Planning Commission, the Central Texas Council of Governments, the North Central Texas Council of Governments, and the Ark-Tex Council of Governments. The portion of the state outside these designated areas is known as the non-designated area. The TNRCC is the water quality agency for the non-designated area, which is divided into 20 separate planning areas, primarily along major river basin boundaries.

The 1996 WQMP Update will include all domestic and wastewater permits issued since 1992. The Update recommendations are consistent with the state's wastewater permit limits. Inclusion of these permits in the 1996 WQMP Update will allow wastewater permitees the opportunity to seek federal wastewater permits (National Pollutant Discharge Elimination System) from the U.S. Environmental Protection Agency.

A copy of the 1995 and 1996 Updates may be viewed at the TNRCC Central Office at 12015 N. Interstate 35, Building A, Library, or at TNRCC Regional Offices as listed.

[graphic]

A public hearing will be held on Tuesday, June 16, 1998, at 10:00 a.m., at the Texas Natural Resource Conservation Commission offices, 12015 N. Interstate 35, Austin, Texas, Building E, Room 201S.

Comments on the Draft 1995 and 1996 Updates to the Water Quality Management Plan shall be provided in written form and sent to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may be faxed to (512) 239-5687, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be received by 5:00 p.m., July 6, 1998. For further information contact Suzanne Rogers, Texas Natural Resource Conservation Commission, Water Quality Division, (512) 239-4619, e-mail skrogers@tnrcc.state.tx.us.

TRD-9807726

Kevin McCalla

Director, Legal Services

Texas Natural Resource Conservation Commission

Filed: May 12, 1998


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 21, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 21, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Robert and Elizabeth Allin; DOCKET NUMBER: 98-0057-MWD-E; IDENTIFIER: Permit Number 13601-001; LOCATION: near Willis, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13601-001 and the Code, §26.121, by exceeding the permitted daily average limit of 15 milligrams per liter for total suspended solids; and 30 TAC §305.64(b), by failing to transfer Permit Number 13601-001 at least 30 days prior to transfer date; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2)COMPANY: Clara Barrio dba Bama Motors; DOCKET NUMBER: 98-0161-AIR-E; IDENTIFIER: Account Number EE-1967-F; LOCATION: Clint, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC §114.20(c)(1) and the THSC, §382.085(b), by offering for sale a vehicle with missing emission controls; PENALTY: $300; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(3)COMPANY: Buster Paving Company, Incorporated; DOCKET NUMBER: 97-1150-AIR-E; IDENTIFIER: Account Number LA-0078-N; LOCATION: Paris, Lamar County, Texas; TYPE OF FACILITY: asphaltic concrete plant; RULE VIOLATED: 30 TAC §111.111(a)(1)(B), §116.115(a), Permit Number 22437, and the Act, §382.085(b), by exceeding the permitted 5.0% opacity limit averaged over a six-minute period from the plant's baghouse stack; and 30 TAC §101.7 and the Act, §382.085(b), by failing to maintain pollution abatement equipment in good working order; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4)COMPANY: City of Follett; DOCKET NUMBER: 98-0167-MWD-E; IDENTIFIER: Permit Number 10508-001; LOCATION: Follett, Lipscomb County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10508-001 and the Code, §26.121, by discharging effluent which was noncompliant with the five-day biochemical oxygen demand; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5)COMPANY: Javier Escarsega dba Jasmin Auto Sales; DOCKET NUMBER: 97-1190-AIR-E; IDENTIFIER: Account Number EE-2027-J; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC §114.1(c)(1) and the THSC, §382.085(b), by offering for sale a vehicle with missing emission control equipment; PENALTY: $300; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(6)COMPANY: Barbara Rudd dba Rudd Country, Incorporated; DOCKET NUMBER: 97-1152-PWS-E; IDENTIFIER: Enforcement Identification Number 11904; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.41(c)(3)(N) and (K), by failing to provide the well with a flow measuring device and by failing to seal the well head with gaskets or a pliable crack-resistant caulk; 30 TAC §290.43(e), by failing to enclose all tanks and pressure maintenance facilities in a locked intruder resistant fence; 30 TAC §290.44(d), by failing to maintain a minimum operating pressure of 35 pounds per square inch at all points within the distribution system; and 30 TAC §290.46(f), (f)(2), and (n), by failing to maintain a disinfectant residual throughout the water distribution system, by failing to measure the disinfectant residual in the water distribution system using a test kit which employs a diethyl-p-phenylenediamine indicator, and by failing to maintain an up-to-date map of the distribution system; and 30 TAC §290.106(a)(1), by failing to prepare a plan showing the sites at which samples for bacteriological analysis will be collected; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Tom Napier, (512) 239-6063; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092.

(7)COMPANY: The Settlers Water System, Incorporated; DOCKET NUMBER: 97-1158-PWS-E; IDENTIFIER: Public Water Supply Number 1570019; LOCATION: near Madisonville, Madison County, Texas; TYPE OF FACILITY: public drinking water; RULE VIOLATED: 30 TAC §290.106(a)(2), by failing to submit monthly bacteriological samples; and 30 TAC §291.76 and the Code, §13.541, by failing to pay water regulatory assessment fees; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Bhasker Reddi, (512) 239-6646; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(8)COMPANY: Triton Tool and Supply, Incorporated; DOCKET NUMBER: 98-0271-MWD-E; IDENTIFIER: Permit Number 12466-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: tool preparation and supply operation; RULE VIOLATED: Permit Number 12466-001 and the Code, §26.121, by failing to meet the ammonia-nitrogen daily average concentration limit; PENALTY: $8,125; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9807714

Kevin McCalla

Director, Legal Services

Texas Natural Resource Conservation Commission

Filed: May 12, 1998


Extension of Deadline for Written Comments

The Texas Natural Resource Conservation Commission (TNRCC) has extended its deadline to receive written comments for the proposed amendments to Chapter 213, relating to the Edwards Aquifer.

The proposal was published in the March 27, 1998, issue of the Texas Register . The deadline for receipt of written comments to the proposed changes was originally published as May 11, 1998, but has been extended to June 11, 1998. Comments must be received by 5:00 p.m.

Written comments on the proposal or on the actions the commission should take to protect the Edwards Aquifer from pollution should reference Rule Log No. 97105-213-WT and may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640 or faxed to (512) 239-5687. All comments sent by fax must be followed by an original signed hard copy for the agency's record.

For further information contact Mary Ambrose, Water Policy and Regulations Division at (512) 239-4813.

TRD-9807727

Kevin McCalla

Director, Legal Services

Texas Natural Resource Conservation Commission

Filed: May 12, 1998


Proposal for Decision

The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 11, 1998, on Wright Oil Co.; SOAH Docket No. 582-97-2124; TNRCC Docket No. 97-0367-IHW-E; In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

TRD-9807781

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: May 12, 1998


Provisionally-Issued Temporary Permits to Appropriate State Water

Listed below are permits issued during the period of May 12, 1998

Application No. TA-7947 by D.L. Lennon, Inc. for diversion of 1 acre-foot in a 1 year period for industrial (roadway construction) use. Water may be diverted from East Caddo Creek, Sabine River Basin, approximately 7 miles northwest of Greenville, Hunt County, Texas at the crossing of FARM-TO-MARKET ROAD 1569 and East Caddo Creek.

Application No. TA-7948 by D.L. Lennon, Inc. for diversion of 2 acre-feet in a 1 year period for industrial (roadway construction) use. Water may be diverted from Post Oak Creek, Red River Basin, approximately 10 miles west of Bonham, Fannin County, Texas at the crossing of a County Road and Post Oak Creek near FARM-TO-MARKET ROAD 1752.

Application No. TA-7949 by J.H. Strain & Sons, Inc. for diversion of 5 acre-feet in a 1 year period for industrial (roadway construction) use. Water may be diverted from Lytle Creek, Brazos River Basin, approximately 3 miles southeast of Abilene, Taylor County, Texas at the crossing of Loop 322 and Lytle Creek.

Application No. 7950 by ATAPCO for diversion of 8 acre-feet in a 6-month period for mining (drilling gas wells) purpose. Water may be diverted from the Nueces River, Nueces River Basin, approximately 21 miles northwest of Corpus Christi, Nueces County, Texas.

Application No. TA-7951 by PAVECO for diversion of 10 acre-feet in a 1 year period for industrial (roadway construction) use. Water may be diverted from Ranger Creek, San Antonio River Basin, approximately 3 miles northwest of Boerne, Kendall County, Texas at the crossing of Ranger Creek Road and Ranger Creek.

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-9807780

Eugenia K. Brumm

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 12, 1998


Public Notice

The Texas Natural Resource Conservation Commission (TNRCC) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code Chapter 361, as amended (the Act), to annually publish an updated state registry identifying each facility that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. Since the last annual publication on April 18, 1997, the TNRCC has determined that two facilities, Double R Plating and Jensen Drive Scrap, pose an imminent and substantial endangerment to public health and safety or the environment and pursuant to §361.188, are hereby listed on the state Superfund registry. Since the last annual publication, one facility, Waste Oil Tank Service, has been deleted from the registry pursuant to §361.189, and five facilities, Phipps Plating, Materials Recovery Enterprises, Hart Creosoting, J.C. Pennco Waste Oil Service, and Poly-Cycle Industries, Inc. have been proposed for listing to the state Superfund registry pursuant to §361.184(a).

Pursuant to §361.181 and §361.188, the registry identifying those facilities that are listed and have been determined to pose an imminent and substantial endangerment in relative priority of need of action follows:

1. Col-Tex Refinery, both sides of Business Interstate 20 (U.S. 80) in Colorado City, Mitchell County: Oil refinery and tank farm.

2. Houston Scrap, 3799 Jensen Drive, Houston, Harris County: Aluminum, lead, and battery recycling.

3. Houston Lead, 300 Holmes Road, Houston, Harris County: Recycling lead storage batteries.

4. Double R Plating Company, on County Road 3544, approximately 3 miles northwest of the intersection of U.S. 59 and Farm Road 96, near Queen City, Cass County: Metal refinishing company.

5. State Marine, Old Yacht Club Road at the edge of Sabine Lake, Port Arthur, Jefferson County: Barge cleaning operation.

6. Precision Machine, 500 West Olive Street, Odessa, Ector County: Machine and chrome plating shop.

7. Sonics International, Inc., north of Farm Road 101, approximately 2 miles west of Ranger, Eastland County: Two hazardous waste injection wells.

8. Maintech International, 8300 Old Ferry Road, Port Arthur, Jefferson County: Chemical cleaning and equipment hydro-blasting.

9. Federated Metals, 9200 Market Street, Houston, Harris County: Magnesium dross, sludge disposal, and inactive landfill.

10. Gulf Metals, on Telean Street, northwest of the intersection of Mykawa Road and Almeda-Genoa Road, Houston, Harris County: Disposal of hazardous materials.

11. Wortham Lead Salvage, on the north side of U.S. 175 near the intersection of County Road 2938, between Mabank, Kaufman County and Eustace, Henderson County: Lead salvage facility.

12. Texas American Oil, approximately 3 miles north of Midlothian on Old State Highway 67, Ellis County: Storage and transport of used oil.

13. Niagara Chemical, west of the intersection of Commerce Street and Adams Avenue, Harlingen, Cameron County: Pesticide formulation.

14. International Creosoting, 1110 Pine Street, Beaumont, Jefferson County: Wood preserving plant.

15. McBay Oil & Gas, approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: Oil refinery and reclamation plant.

16. Aztec Mercury, 970 Callaway Drive at the corner of Callaway Drive and West Dumble Street, Alvin, Brazoria County: Mercury recycling.

17. Solvent Recovery Services, 5502 Farm Road 521 approximately 0.2 mile south of its intersection with Texas 6, Arcola, Fort Bend County: Paint solvent recycling facility.

18. Harris Sand Pits, 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: Commercial sand and clay quarry.

19. Butler Ranch, 11.8 miles west of Falls City off Farm Road 791, Karnes County: 2 abandoned uranium mining pits containing drums of hazardous substances.

20. Hayes-Sammons Warehouse, Miller Avenue and East Eighth Street, Mission, Hidalgo County: Commercial grade pesticide storage.

21. Jensen Drive Scrap, 3603 Jensen Drive, Houston, Harris County: Scrap salvage facility.

22. Baldwin Waste Oil Company, on County Road 44 approximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: Waste oil processing facility.

23. Hall Street, north of intersection of 20th Street East with California Street, north of Dickinson, Galveston County: Waste disposal.

24. Unnamed Plating, 6816-6824 Industrial Avenue, El Paso, El Paso County: Metals processing and recovery facility.

25. La Pata Oil Company, 1403 Ennis Street, Houston, Harris County: Waste oil recycling facility.

26 Munoz Borrow Pits, 0.1 mile south of U.S. 83 on the east side of Texas 1016, Mission, Hidalgo County: Contaminated soil fill.

27. South Texas Solvents, approximately 4 miles south of Banquete at the intersection of Farm Road 666 and County Road 32, Nueces County: Solvent recovery facility.

28. Bestplate, Inc., 1090 South Interstate 45, Hutchins, Dallas County: Metal fabrication and plating.

Pursuant to §361.184(a) and §361.181, those facilities which have been determined to be eligible and have been proposed for listing on the state Superfund registry are set out in relative priority of need of action as follows:

1. J. C. Pennco Waste Oil Service, 4927 Higdon Road, San Antonio, Bexar County; Used drum recycler, used waste oil recycler.

2. Phipps Plating, 305 East Grayson Street, San Antonio, Bexar County: Metal plating.

3. Pioneer Oil and Refining Co., 20280 South Payne Road, outside of Somerset, Bexar County: Oil refinery facility.

4. Higgins Wood Preserving, inside the bordering streets of North Timberland Drive (U.S. 59) on the west, Warren Street on the east, and Paul Avenue on the north, Lufkin, Angelina County: Wood preserving facility.

5. Marshall Wood Preserving, 2700 West Houston Street, Marshall, Harrison County: Wood pressure treatment facility.

6. Thompson-Hayward Chemical Company, on the east side of U.S. 277, 0.5 mile south of Munday, Knox County: Pesticide formulating facility.

7. Old Lufkin Creosoting, 1411 East Lufkin Avenue, Lufkin, Angelina County: Wood preserving facility.

8. Materials Recovery Enterprises, about 4 miles southwest of Ovalo, near U.S. 83 and Farm Road 604, Taylor County; Class I industrial solid waste management site.

9. Harvey Industries, Inc., southeast corner of Farm Road 2495 and Texas 31 (One Curtis Mathes Drive), Athens, Henderson County: Television cabinets and circuit board manufacturing.

10. American Zinc, approximately 3.5 miles north of Dumas on U.S. 287 and 5 miles east on Farm Road 119, Moore County: Zinc smelter.

11. Toups, on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105 in Sour Lake, Hardin County: Fence post treating facility.

12. JCS Company, north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: Battery recycling facility.

13. Jerrell B. Thompson, north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: Battery recycling facility.

14. Hi-Yield, northeast side of the Southern Pacific Railroad, bordered by Sycamore Street (south), Johnson Street (east), and Ross Street (north), Commerce, Hunt County: Formulation and distribution of insecticides and cotton defoliants.

15. Aztec Ceramics, 4735 Emil Road, San Antonio, Bexar County: Tile manufacturing.

16. Hart Creosoting, south of Jasper on the west side of U.S. 96, approximately 1 mile south of U.S. 190, Jasper County: Wood treatment facility.

17. Permian Chemical Company, 325 Pronto Avenue (formerly listed as 1901 Pronto Road), southeast of Odessa, Ector County: Hydrochloric acid and potassium sulfate manufacturer.

18. Sampson Horrice, 2000 and 2006 Plainfield Drive (formerly listed as 8460 Sparrow Street and 1 Sparrow Street), Dallas, Dallas County: Inactive gravel pit that illegally accepted hazardous and solid waste.

19. Barlow's Wills Point Plating, south side of U.S. 80, approximately 3.4 miles east of its intersection with Texas 64, in Wills Point, Van Zandt County: Inactive electroplating facility.

20. Poly-Cycle Industries, Inc. on Texas 75 about 0.5 miles north of Palmer, Ellis County: Lead battery treatment/recycling facility.

21. Tricon America, Inc., 101 East Hampton Road, Crowley, Tarrant County; Aluminum and zinc melting and casting facility.

The public records for each of the sites are available for inspection and copying during regular Commission business hours at the TNRCC Central Records Center (MC 199), Bldg. D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone 1 (800) 633-9363 (within Texas only) or 512-239-2920. Copying of file information is subject to payment of a fee.

TRD-9807840

Kevin McCalla

Director, Legal Services

Texas Natural Resource Conservation Commission

Filed: May 13, 1998


Texas Parks and Wildlife Department

Request for Proposals: National Recreation Trails Fund

The Texas Parks and Wildlife Department (TPWD) announces a request for proposals for recreational trail projects to be funded through the Federal National Recreational Trails Fund (NRTF). The funds come from a portion of the federal tax on motor fuel consumed by non-highway recreational vehicles. Even though the tax is collected from motorized trail users, the act dictates spending on non-motorized trails as well. These funds will be available through a reimbursement grant program for trail development, renovation and maintenance. Eligible projects ranging from $5,000 to $100,000 will be reimbursed up to 50% of the project cost if selected by the Texas Parks and Wildlife Commission for funding. Government entities as well as not for profit and private organizations are eligible to be sponsors of trail projects.

Application forms and program guidelines are available from Texas Parks and Wildlife by writing the Department at 4200 Smith School Road, Austin, Texas 78744, attention Land Conservation Program or by calling (512) 389-4868. Completed applications must be received or postmarked by July 1, 1998. Contact person is Andy Goldbloom at (512) 389-4737.

TRD-9807758

Bill Harvey, Ph.D.

Regulatory Coordinator

Texas Parks and Wildlife Department

Filed: May 12, 1998


Public Utility Commission of Texas

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

On May 6, 1998, USN Southwest, Inc., 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 60024. Applicant intends to expand its geographic area to include the entire state of Texas, and to remove the resale only restriction.

The Application: Application of USN Southwest, Inc., for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19278.

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 May 27, 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 19278.

TRD-9807533

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 8, 1998


Notice of Application for Approval of Preliminary Integrated Resource Plan

Notice is given to the public of the filing with the Public Utility Commission of Texas on May 1, 1998, an application for approval of a preliminary integrated resource plan, pursuant to §34.021 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Houston Lighting & Power Company for Approval of Preliminary Integrated Resource Plan, Docket Number 19270, before the Public Utility Commission of Texas.

Applicant seeks commission approval of its preliminary integrated resource plan, pursuant to PURA §34.021.

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 June 15, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9807534

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 8, 1998


Notices of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 6, 1998, for a service provider certificate of operating authority (SPCOA), restricted to resale, 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 VarTec Telecom, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19178 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange services to customers in Texas by reselling facilities of other incumbent local exchange companies.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than May 27, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9807531

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 8, 1998


Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 5, 1998, for a service provider certificate of operating authority (SPCOA), restricted to resale, 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 Trans National Telecommunications, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19277 before the Public Utility Commission of Texas.

Applicant intends to resell the existing services of the incumbent local exchange carrier(s) where available.

Applicant's requested SPCOA geographic area includes those exchanges served by GTE Southwest, Inc., and Southwestern Bell Telephone Company within the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than May 27, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9807532

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 8, 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 new PLEXAR-Custom service for Minute Maid Company in Houston, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom service for Minute Maid Company in Houston, Texas pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 19273.

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

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

TRD-9807385

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 6, 1998


Public Notice of NPA Relief Recommendations for the Metropolitan Houston (713/281) NPAs, the Metropolitan Dallas (214/972) NPAs, and the Austin/Corpus Christi Area (512) NPA.

At its May 6, 1998 open meeting, the Public Utility Commission of Texas (PUC) reviewed the Industry Report containing Numbering Plan Area (NPA) relief recommendations for the Metropolitan Houston (713/281) NPAs, the Metropolitan Dallas (214/972) NPAs, and the Austin/Corpus Christi area (512) NPA in Project Numbers 16899 - NPA Relief Planning for the 214/972 Area Codes ; 16900 - NPA Relief Planning for the 713/281 Area Codes ; and 16901 - NPA Relief Planning for the 512 Area Code .

The industry recommendation on NPA relief provides:

Dallas area NPA relief. The NPA split boundary currently in place between the 214 and the 972 NPAs would be eliminated on December 5, 1998, creating a single area served by the 214 and the 972 NPAs. In addition, in July 1999, a third, new NPA would be introduced to the Dallas area and cover the same area as 214 and 972. Attachment 1 to Order Number 3 in these projects is a map of the Dallas metropolitan area affected by this plan. Ten digit mandatory dialing for all local calls within this overlaid area would be required consistent with FCC mandate. Relief provided by this plan would be projected to last until the year 2004.

Houston area NPA relief. The NPA split boundary currently in place between the 713 and the 281 NPAs would be eliminated on January 16, 1999, creating a single area served by the 713 and 281 NPAs. In addition, coincident with the erasure of the geographic boundary, a third, new NPA would be introduced to the Houston area and cover the same area as 713 and 281. Attachment 2 to Order Number 3 in these projects is a map of the Houston metropolitan area affected by this plan. Ten digit mandatory dialing for all local calls within this overlaid area would be required consistent with FCC mandate. Relief provided by this plan would be projected to last until the year 2003.

Austin/Corpus Christi area NPA relief. A geographic split of the 512 NPA, serving the Austin LATA (local access and transport area) and the Corpus Christi LATA is recommended. The recommendation would be for the Corpus Christi LATA to be assigned a new NPA and the Austin LATA to retain the 512 NPA. In addition, a second, new NPA would be requested from the North American Numbering Plan Administrator for the overlay of the Austin LATA when additional NPA relief is required. Attachment 3 to Order Number 3 in these projects is a map of the Austin and Corpus Christi areas affected by this plan. Relief provided by this plan would be projected to last until the year 2011 for the Corpus Christi NPA and until 2004 for the Austin 512 NPA configuration. Once the overlay NPA is introduced in the Austin area, not before the year 2000, the relief provided would last through the year 2010. Relief implementation for this activity would begin in September 1998 and conclude 12 months later, in September 1999.

The commission is considering whether to delegate to the Number Administrator the authority to implement the relief recommended in the Industry Plan, subject to the condition that the Number Administrator report back to the commission every three months on the status of customer education efforts and technical implementation of the relief plan.

Persons who wish to intervene in this proceeding prior to the commission issuing a final decision delegating authority to the Number Administrator to implement the NPA relief recommendations for the Metropolitan Houston (713/281) NPAs, the Metropolitan Dallas (214/972) NPAs, and the Austin/Corpus Christi area (512) NPA, should file a motion to intervene and a statement of position with the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than June 5, 1998. All motions to intervene and statements of position should specifically refer to Project Numbers 16899, 16900, and 16901. Ten copies of the motion to intervene and statement of position should be filed with the commission's filing clerk. A motion to intervene must comply with PUC Procedural Rule §22.103(b). All persons filing a motion to intervene must also file, concurrently with the motion, a statement of position. The statement of position must comply with the requirements of PUC Procedural Rule §22.124(b). If the movant disagrees with the proposal for NPA relief, the statement shall provide a detailed list of the points of disagreement, and an explanation of such areas of disagreement.

After reviewing any filings, the commission will determine whether to conduct further proceedings concerning the NPA relief recommendations for the Metropolitan Houston (713/281) NPAs, the Metropolitan Dallas (214/972) NPAs, and the Austin/Corpus Christi area (512) NPA. The commission shall have the authority given to a presiding officer pursuant to PUC Procedural Rule §22.202. The commission may identify issues raised by the motion(s) to intervene and statement(s) of position and establish a schedule for addressing those issues, including the submission of evidence, if necessary, and briefing and oral argument. The commission may conduct a public hearing.

TRD-9807778

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 12, 1998


Public Notice of Proposal for Implementing Number Conservation Measures in the Fort Worth and San Antonio Exchanges

At its May 6, 1998 open meeting, the Public Utility Commission of Texas reviewed a proposal submitted by Southwestern Bell Telephone Company (SWBT) for implementing number conservation measures in the Fort Worth and San Antonio metropolitan exchanges in Project Number 18438 - Number Conservation Measures in Texas.

Under the proposal, if adopted by the commission, SWBT shall consolidate rate centers by October 1, 1998, according to the following plan: Fort Worth - consolidate 20 rate centers to nine according to the matrix and map in Attachment 1 of Order Number 4 in Project Number 18438; and San Antonio - consolidate 29 rate centers to one according to the matrix and map in Attachment 2 of Order Number 4 in Project Number 18438. Further, SWBT shall file compliance tariffs within 10 days of the issuance of a commission order approving the proposal. Also under the proposal, the Number Administrator shall notify all Texas codeholders, within 10 days of a commission order approving the proposal, that holders of more than one unused (vacant) NXX code in the proposed consolidated rate center area should voluntarily return those codes if there are no numbers assigned at implementation of the rate center consolidation. Finally, the Number Administrator shall consider the consolidated rate center boundary beginning 66 days or less prior to implementation when assigning new NXX codes.

Persons who wish to intervene in this proceeding prior to the commission issuing a final decision approving or rejecting the number conservation proposal for the Fort Worth and San Antonio exchanges should file a motion to intervene and a statement of position with the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than June 5, 1998. All motions to intervene and statements of position should specifically refer to Project Number 18438. Ten copies of the motion to intervene and statement of position should be filed with the commission's filing clerk. A motion to intervene must comply with P.U.C. Procedural Rule §22.103(b). All persons filing a motion to intervene must also file, concurrently with the motion, a statement of position. The statement of position must comply with the requirements of P.U.C. Procedural Rule §22.124(b). If the movant disagrees with the proposal for implementing number conservation measures in the Fort Worth and San Antonio exchanges, the statement shall provide a detailed list of the points of disagreement, and an explanation of such areas of disagreement.

After reviewing any filings, the commission will determine whether to conduct further proceedings concerning the number conservation proposal for the Fort Worth and San Antonio exchanges. 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 motion(s) to intervene and statement(s) of position and establish a schedule for addressing those issues, including the submission of evidence, if necessary, and briefing and oral argument. The commission may conduct a public hearing.

TRD-9807777

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 12, 1998


Riceland Regional Mental Health Authority

Request for Proposal

Riceland Regional Mental Health Authority is issuing a Request for Proposal for an Annual Financial and Compliance Audit. To obtain a copy of the RFP contract:

Amanda Darr, CFO

Riceland Regional Mental Health Authority

P.O. Box 869

Wharton, Texas 77488

Telephone: (409) 532-3098

Fax: (409) 532-0092

TRD-9807690

Marjorie Dornak

Secretary

Riceland Regional Mental Health Authority

Filed: May 11, 1998


Teacher Retirement System of Texas

Consultant Contract Award

This consultant contract information is filed in compliance with the notice requirement under the Government Code, §2254.030.

The Teacher Retirement System of Texas (TRS) has contracted with a private consultant to conduct a study of TRS' portfolio trading costs.

TRS has executed a contract with Plexus Group, Inc. whose address is 11150 Olympic Boulevard, Suite 900, Los Angeles, California 90064.

The agreed compensation set forth in the contract is $40,000. In addition, consultant will be compensated $20,000 for the preparation of an analysis of trading costs for the 1997 calendar year. The contract is effective January 1, 1998, and will expire on December 31, 1998. Thereafter, the contract shall renew automatically at the end of each quarter for an additional calendar quarter.

Written quarterly reports regarding the analyses of TRS' global equity investments are required to be delivered to TRS not later than 30 days after the end of the sixth calendar week following the immediately preceding calendar quarter. Consultant may be requested to attend one TRS Board meeting per year to deliver an oral and written report to the Board. An executive summary of such report shall be delivered to TRS 15 days prior to the date of the meeting the consultant is to attend.

TRD-9807513

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 8, 1998


Texas Department of Transportation

Notice of Invitation-BRINSAP Section

The Design Division of the Texas Department of Transportation (TxDOT) intends to enter into thirty-five professional service contracts pursuant to Texas Administrative Code, Chapter 2254, Subchapter A and 43 TAC §§9.30-9.43, to provide Statewide Routine Bridge Inspection 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 category unless the work category is a non-precertified work category. To qualify for contract award, a selected prime provider must perform a minimum of 30% of the actual work. Please be advised that a prime provider or subprovider currently employing former TxDOT employees should 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 licensed in Texas who will sign and seal the work to be performed on the contract.

RFP Number: 48-9RFP5001 - The precertified work category that will be required for 100% of the work is 6.1.1 - Routine Bridge Inspection. The work to be performed shall consist of the inspection of ON-system and OFF-system bridges throughout the state, including load rating for all bridge types (e.g. cast-in-place concrete bridges, steel girder bridges, steel truss bridges, timber bridges, prestressed concrete beam bridges, bridge-class concrete culverts, etc.) The Consultant Selection Team has determined a range of scores for providers that are considered equally qualified to perform the work to be not less than 700 points out of a maximum 900 points.

Disadvantaged Business Enterprise (DBE) and Historically Underutilized Business (HUB) Goal: The assigned DBE and HUB participation goal for the overall work to be performed under this pool of thirty-five contracts is 20%. There is not a specific goal assigned to each individual contract.

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

1. Past Performance Scores: Minimum requirements - The prime provider must submit two good, verifiable references in conjunction with routine bridge inspection work with complete names, addresses and phone numbers. References may be from TxDOT or any other entity for which routine bridge inspection work has been completed. Proposed project manager must submit two good, verifiable references regarding his/her experience as a project manager in conjunction with routine bridge inspection work. In providing references, please only show the name, address and telephone number of a reference to be contacted. Written letters are not required and not preferred.

The list of provider teams submitting Letters of Interest will be sent to all TxDOT Bridge Inventory, Inspection, and Appraisal Program (BRINSAP) Coordinators, and these BRINSAP Coordinators will evaluate past performance as excellent, good, needs improvement, or no past history. Those evaluations will then be reviewed and considered by the Consultant Selection Team in scoring this item.

2. Professional Qualifications of the Team (Team Capability/Experience): The prime provider should provide information on their business, applicable certifications and recognition, and other pertinent information that demonstrate their qualification to perform the contract. The prime provider shall also provide demonstration of education, training, certification, awards, etc. for project personnel (including employees of subproviders). The prime provider and any proposed subproviders must have experience in performing similar contracts. Performance records on file with the State will be reviewed and considered; however, the lack of an evaluation for prior State of Texas work will not be held against a firm. Similar experience gained through other clients must be substantiated by verifiable references.

Project Manager: The Project Manager must have adequate experience in managing routine bridge inspection contracts or projects of similar nature. Minimum requirements: Registered as a Professional Engineer or be qualified for registration as a professional Engineer and have six years experience in bridge inspection or bridge design assignments in a responsible capacity and have completed a comprehensive training course based on the "Bridge Inspector's Training Manual" which has been developed by a joint federal-state task force. Must be precertified through TxDOT's precertification process.

Inspection Team Leader - Minimum Requirements: (1) Have a minimum of five years experience in bridge inspection assignments in a responsible capacity and have completed a comprehensive training course based on the "Bridge Inspector's Training Manual" which has been developed by a joint federal-state task force, or (2) current certification as a Level III or IV Bridge Safety Inspector under the National Society of Professional Engineer's program for National Certification in Engineering Technologies (NICET).

NOTE: Team-leaders and team-members may be technicians (i.e. non-P.E.'s). If you propose to use technicians in these roles, they are not precertified. The minimum qualifications as specified in the AASHTO "Manual For Condition Evaluation of Bridges" shall apply. You may submit a one page summary per technician to explain their experience and how they meet the minimum requirements. These pages will be allowed in addition to the five page letter of interest.

3. Experience of Project Team: The prime provider should designate experienced professional and technical staff to competently and efficiently perform the bridge inspections, either through their own personnel or subproviders. Identify the project team composition, project leadership, reporting responsibilities, and address how subproviders will fit into the management structure. Minimum Requirements - Project team members have successfully completed one to three bridge inspection contracts. Project team members have good references from previous bridge inspection contracts. Project team members have performed 300 - 800 bridge inspections.

4. Evidence of Compliance with DBE/HUB Goal: The assigned DBE and HUB participation goal for the overall work to be performed under this pool of thirty-five contracts is 20%. There is not a specific goal assigned to each individual contract; therefore, each precertified provider receives three points.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 416-2105, or by hand delivery to Texas Department of Transportation, Design Division - BRINSAP Section, 118 Riverside Drive, Austin, Texas Attention: Mike Lynch, P.E., or by mail to Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483, Attention: Mike Lynch, P.E., State Bridge Inspection Engineer. Letters of interest will be received until 5:00 p.m. on June 5, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to five 8 1/2 x 11 inch pages (10 point font size, single sided pages with no attachments or appendices) plus one page per technician outlining how they meet the requirements, if applicable, and must include the following: RFP Number 48-9RFP5001; an organizational chart containing names, addresses, telephone numbers and fax numbers of the prime provider and any subprovider(s) proposed for the team, as well as their proposed responsibilities (by work category) for the contract; 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; and special project related experience.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Mike Lynch, P.E., State Bridge Inspection Engineer at (512) 416-2174 or fax number (512) 416-2105.

TRD-9807796

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 13, 1998


Notice of Invitation - Design Division

The Texas Department of Transportation (TxDOT) intends to enter into two contracts with professional engineers, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on 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 type. To qualify for a contract award, a prime provider 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 seal the work to be performed on the contract.

Contract Numbers 48-845P0003 and 48-845P0004: The precertified categories and the percent of work per category are: 14.1.1 - Soil Exploration (95%); and 14.2.1 - Geotechnical Testing (5%). The services to be performed will support the Design Division Geotechnical Branch in providing soil boring and testing for the design and construction of transportation facilities. This includes drilling, sampling, testing, and monitoring of soil and rock according to the department's approved procedures. The consultant selection team has determined a range of scores for providers that are considered equally qualified to perform the work to be not less than 700 points out of a maximum 900 points.

Disadvantaged Business Enterprises (DBE) Goal: The goal for DBE participation for 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 - Minimum requirements: The team must provide names and phone numbers of two separate satisfactory references for performing similar work. Preferred requirements: The team must provide three separate satisfactory written references for performing similar work.

2. Project Requirements (Team Capability/Experience): Soils Exploration (14.1.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: The team must have one professional engineer with experience in the soils exploration work category, technician/geologist with one year experience in geotechnical logging and driller with experience operating equipment in various soil conditions and conducting standard TxDOT Texas Cone Penetrometer Test. The team must have the ability to provide two weeks continuous drilling within 30 days of receipt of work order at any location in the state.

Geotechnical Testing (14.2.1) - Minimum requirements: As established by the minimum precertification standards. Preferred requirements: The team must have one Professional Engineer (P.E.) with demonstrated experience in geotechnical testing, two technicians with experience in geotechnical testing, and the ability to provide test results within 30 days of receipt of work order.

3. Special (Similar) Project Related Experience of Project Manager and Team Members: Soils Exploration (14.1.1) - Minimum requirements: The Project Manager must fully demonstrate that the team can perform the soil borings to the required depth in all types of soil conditions and can completely interpret the soil conditions derived from these borings. Preferred requirements: In addition to the above, the Project Manager must demonstrate capability to drill at remote locations anywhere in the state. The availability of at least two drill rigs is required.

Geotechnical Testing (14.2.1) - Minimum requirements: The Project Manager must demonstrate the capability to competently perform slope inclinometer monitoring and special laboratory testing procedures.

Preferred requirements: In addition to minimum requirements, the project manager must demonstrate his/her experience with inclinometer monitoring and laboratory test ASTM D 4767.

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

Deadline: A completed letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 416-2557 or by hand delivery, addressed to TxDOT, Design Division, Attention: George H. Odom, P.E., 118 East Riverside, Austin, Texas, 78704, or by regular mail addressed to TxDOT, Design Division, Attention: George H. Odom, P.E., 125 E. 11th St., Austin, Texas 78701-2483. Letters of Interest will be received until 5:00 p.m., on Friday, June 5, 1998.

Letter of Interest Requirements: The Letter of Interest is limited to three 8 1/2 x 11-inch pages, plus one page per reference,12 point font size, single sided with no attachments or appendices, and must include Contract Numbers 48-845P0003 and 48-845P0004; an organizational chart containing names, addresses, telephone and fax numbers of the prime provider and any subprovider(s) 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; 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; special project related experience; 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 George H. Odom, P.E. at (512) 416-2238 or fax (512) 416-2557.

TRD-9807795

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 13, 1998


Notice of Invitation - Pharr District

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 provider 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 seal the work to be performed on the contract.

Contract Number 21-845P5021: The precertified work categories and the percent of work per category are: 1.5.1 Feasibility Studies (15%); 2.1.1 Traffic Noise Analysis (2%); 2.2.1 Air Quality Analysis (2%); 2.3.1 Wetland Delineation (4%); 2.4.1 Nationwide Permit (2%); 2.4.2 Sec. 404 (33 U.S.C. Sec. 1344) Individual Permits (including mitigation monitoring) (2%); 2.4.3 U.S. Coast Guard and U.S. Army Corps of Engineers, Sec 10 (1%); 2.6.1 Protected Species Determination (1%); 2.6.2 Biological Assessments (2%); 2.6.3 Biological Surveys (3%); 2.8.1 Surveys Research and Documentation of Historic Buildings and Objects (3%); 2.10.1 Archaeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (2%); 2.12.1 Socio-Economic and Environmental Justice Analyses (3%); 2.13.1 Hazardous Materials Assessment (1%); 2.14.1 Environmental Document Preparation (6%); 3.2.1 Route Studies and Schematic Design - Major Roadways (19%); 3.4.1 Minor Bridge Layouts (3%); 3.5.1 Major Bridge Layouts (3%); 7.1.1 Traffic Engineering Studies (3%); 10.1.1 Hydrologic Studies (2%); 10.2.1 Basic Hydrologic Design (3%); 15.1.1 Survey (5%); 15.1.2 Parcel Maps (2%); 15.1.3 Legal Descriptions (3%); 15.1.4 Right of Way Maps (5%); 15.3.1 Aerial Mapping (1%); 15.4.1 Control for Aerial Mapping (2%). The work will be performed in Brooks County and shall consist of identifying and evaluating the feasibility of three alternate routes for a future US 281 freeway facility from Jim Wells/Brooks County line to SH 285 in the City of Falfurrias and from SH 285 south to FM 3066. The work will include the preparation of an environmental document and an approved FHWA schematic layout for the preferred route selected, participation in public meetings and hearing process, and preparation of a right-of-way map and estimated right-of-way, utility adjustments and project construction cost.

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

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

1. Past Performance Scores:

Minimum Qualifications: Must provide one name and phone number of a reference for which a team member did a feasibility or a route study and held one public meeting. Preferred Qualifications: Must provide four names and phone numbers of references for whom a team member(s) did at least two feasibility and two route studies through the level in which a preferred route was selected in one of the studies in at least a rural/semi-urban setting.

2. Project Requirements (Team Capability/Experience):

Feasibility Studies (1.5.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: The assigned team member(s) must have completed four feasibility studies for a new expressway facility or for expanding a two lane facility and at least one that considered the impacts to a populated area between five to ten thousand.

Traffic Noise Analysis (2.1.1), Air Quality Analysis (2.2.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: The assigned team member(s) must have prepared four traffic noise/air quality analysis through the approval of the Environmental Protection Agency.

Wetland Delineation (2.3.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: The assigned team member must have five years of field experience in wetland delineation of the types existing in creeks and fresh water ponds.

Nationwide Permit (2.4.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with working knowledge of the nationwide permit process with five years of experience in nationwide permit determination and jurisdictional water identification.

Individual Permits (including mitigation and monitoring) (2.4.2) - Section 404 (33 U.S.C. §1344) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member with working knowledge of the individual §404 Permit process, with six years of experience, and who has applied for and received three individual permits.

U.S. Coast Guard and U.S. Army Corps of Engineers, §10 (Title 33, U.S.C. §403) (2.4.3) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with six years experience and working knowledge of the Rivers and Harbors Act, §10 who has applied for and received four navigation-related permits.

Protected Species Determination (2.6.1) and Biological Assessments (2.6.2) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with four years experience in having performed species determinations and assessments.

Biological Surveys (2.6.3) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with four years experience in habitat recognition, including field experience with or as a recognized expert for the species/habitat of concerns.

Survey Research and Documentation of Historic Buildings and Objects (2.8.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with five years of direct experience performing surveys, research or documentation of historic buildings, structures and objects.

Archaeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (2.10.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with three additional years of experience in archaeological research and field and analytic experience in archaeology.

Socio-Economic and Environmental Justice Analyses (2.12.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with four years of full-time experience performing socio-economic analysis for environmental documents in a rural/semi-urban setting.

Hazardous Material Assessment (2.13.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ one employee with four years experience performing Phase I and II site assessments.

Environmental Documentation Preparation (2.14.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member or combination of team members with experience in completing four transportation projects through the issuance of the FONSI; with participation in the preparation of and management of environmental documents for three environmental impact statements through the Record of Decision.

Route Studies and Schematic Design - Major Roadways (3.2.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member(s) with six years engineering experience and having completed a total of three route studies (at least one in a rural/semi-urban setting) along new location for an expressway or, as a minimum, a four lane divided rural facility and at least one that considered the impacts to a populated area between five to ten thousand.

Minor Bridge Layouts (3.4.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member with six years experience in preparing bridge layouts for multiple boxes and simple bridge spans.

Major Bridge Layouts (3.5.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member with six years of engineering experience with experience in preparing bridge layouts for overpass and underpass type structures with 135 foot spans.

Traffic Engineering Studies (7.1.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member with six years experience with experience in performing traffic engineering studies in a rural/semi-urban setting in which one considered the impacts generated by international commerce.

Hydrologic Studies (10.1.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member with six years experience and knowledge in analyzing watersheds greater than 200 acres in rolling to flat type terrain.

Basic Hydraulic Design (10.2.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member with six years experience and who demonstrates their experience in sizing culverts for a calculated discharge.

Survey (15.1.1), Parcel Maps (15.1.2), Legal Descriptions (15.1.3), Right of Way Maps (15.1.4) - Minimum Qualifications: As established by the precertification standards. Preferred Requirements: Employ a registered professional land surveyor with porciones land grants experience and two technicians with seven years experience.

Aerial Mapping (15.3.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a team member with eight years of experience in aerial mapping.

Horizontal and Vertical Control for Aerial Mapping (15.4.1) - Minimum Qualifications: As established by the precertification standards. Preferred Qualifications: Employ a registered professional land surveyor with demonstrated experience in Global Positioning System.

3. Special (Similar) Project Related Experience of Project Manager and Team Member:

Traffic Noise Analysis (2.1.1), Air Quality Analysis (2.2.1), Wetland Delineation (2.3.1), Nationwide Permit (2.4.1), Individual Permits (2.4.2), U.S. Coast Guard and U.S. Army Corps of Engineers, Sec. 10 (2.4.3), Protected Species Determination (2.6.1), Biological Assessments (2.6.2), Biological Surveys (2.6.3), Surveys Research and Documentation of Historic Buildings and Objects (2.8.1), Archaeological Surveys, Documentation, Excavations, Testing Reports and Data Recovery Plans (2.10.1), Socio-Economic and Environmental Justice Analyses (2.12.1), Hazardous Materials Assessment (2.13.1), Minor Bridge Layouts (3.4.1), Major Bridge Layouts (3.5.1), Traffic Engineering Studies (7.1.1), Hydrologic Studies (10.1.1), Basic Hydrologic Design (10.2.1), Survey (15.1.1), Parcel Maps (15.1.2), Legal Descriptions (15.1.3), Right of Way Maps (15.1.4), Aerial Mapping (15.3.1), Control for Aerial Mapping (15.4.1) - Minimum Requirements: The prime or sub provider employ team members who can demonstrate the concerns that must be identified, considered, investigated, etc., in performing the identified categories of work for this contract. Preferred Requirements: The team should demonstrate experience in new locations around an area with five to ten thousand population for which farming and ranching are the major economy generators.

Feasibility Studies (1.5.1), Environmental Document Preparation (2.14.1), Route Studies and Schematic Design - Major Roadways (3.2.1) - Minimum Requirements: The prime or sub provider employ team members who can demonstrate the concerns that must be identified, considered, investigated, etc., in performing the identified categories of work for this contract. Preferred Requirements: The project manager should demonstrate his knowledge and experience in the following major categories: Feasibility Study (1.5.1), Environmental Documentation Preparation (2.14.1) and Route Studies and Schematic Design (3.2.1). The team should demonstrate experience in new locations around an area with five to ten thousand population for which farming and ranching are the major economy generators.

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

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax (956) 702-6110, by hand delivery, or mail to TxDOT, Pharr District, Attention: Homero L. Gutierrez, P.E., P.O. Drawer EE, 600 West Expressway 83, Pharr, Texas 78577. Letters of interest will be received until 5:00 p.m. Friday, June 5, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to nine 8 1/2 x 11 inch pages (10 or 12 point font size, single sided with no attachments or appendices), and must include the contract number 21-845P5021; 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. It will be up to the provider to determine how he will best cover the requested information in his letter of interest within the allowed number of pages.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Homero L. Gutierrez, P.E., at (956) 702-6158 or fax (956) 702-6100.

TRD-9807421

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: May 7, 1998


Texas Water Development Board

Request for Statement of Qualifications from Consultants Water Research Study on Financing Methods for Water and Wastewater Infrastructure

The Texas Water Development Board (the Board) requests the submission of Statements of Qualifications from interested Consultants leading to the possible award of a contract for state Fiscal Year 1998 to conduct a water research study that surveys and analyzes water supply and wastewater infrastructure financing methods for political subdivisions in an amount not to exceed $80,000 from the Research and Planning Fund. Rules governing the Research and Planning Fund (31 Texas Administrative Code, Chapter 355) are available upon request from the Board, or may be found at the Secretary of State's Internet address: http://www.sos.state.tx.us/tac/31/index.html.

Description of the Research Objectives and Purpose. The scope of work for the proposed research will include a survey of infrastructure financing methods available in both Texas and other western states, as well as a determination of the types of fees that political subdivisions in Texas may assess to finance such infrastructure projects under current law. The scope of work will also require a determination of the advantages and disadvantages of each financing method depending upon the type, size, location, growth rate, per capita income, and other characteristics of the political subdivision and the area needing the infrastructure. That determination will include an assessment of the effects or potential effects of each method on development patterns, economic growth, and housing costs based on case histories, where available, of implementation of each method. The scope of work will also include a determination of how effective each financing method is in raising the required monies. Finally, the research will identify which parties tend to bear the actual costs of each financing method.

Description of Consultant Criteria. The consultant should demonstrate prior experience in water related infrastructure financing and economic analysis and be conversant with advanced financial analysis methods and advanced statistical methods. The consultant should be able to review, research, analyze, evaluate and interpret data and research findings; and have excellent oral presentation and writing abilities. If the consultant is short-listed, the consultant should be prepared to make an oral presentation to staff members of the Board.

Deadline for Submittal, Review Criteria and Contact Person for Additional Information. Eight double-sided copies of a completed Statement of Qualifications must be filed with the Board prior to 5:00 PM, June 22, 1998. Respondents to this request shall limit their Statement of Qualifications to 10 double-spaced pages, excluding the resumes of the project team members. Statements of Qualifications can be directed either in person to Ms. Danna Stecher, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Danna Stecher, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231. Requests for information and the consultant evaluation criteria should be directed to Ms. Danna Stecher at the preceding address or by calling (512) 936-0854.

TRD-9807878

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: May 13, 1998