Brazos Valley Council of Governments
Request for Proposals
The Brazos Valley Council of Governments (BVCOG) issues this Request for
Proposal to furnish to the Council, housing management software for use in
the management of U.S. Department of Housing and Urban Development, Section
8 Certificate/Voucher/Moderate Rehabilitation Tenant Based Rental Assistance
Program. This software will be used to manage the administration of approximately
1800 certificates, vouchers and moderate rehabilitation units.
Information/submission packets may be obtained by request at: Brazos Valley
Council of Governments, Robert Gresham, Director of Programs, P.O. Box 4128,
1706 East 29th Street, Bryan, Texas, 77805-4128. To be considered, proposals
must be hand delivered on or before 5:00 PM, Friday, May 14, 1999 or postmarked
before 12:00 Midnight on May 14, 1999.
Questions may be directed to Robert Gresham at (409) 775-4244.
TRD-9902316
Tom Wilkinson, Jr.
Executive Director
Brazos Valley Council of Governments
Filed: April 19, 1999
Request for Proposals
The Brazos Valley Workforce Development Board voted on and approved the
Child Care Management Services Request for Proposal (RFP) on April 13, 1999;
and through its agent, the Brazos Valley Council of Governments, is issuing
a Request for Proposal for Child Care Management Services-Client Services
and Operations, Vendor Management, Financial Management, CCT, and ECDR. This
RFP was developed using a modular format, providing information that applies
to all programs, as well as separate sections detailing specific module requirements.
Bidders may respond to any Packet: A.) Client Services and Operations, Vendor
Management, and Financial Management or B.) CCT and ECDR or C.) Client Services
and Operations, Vendor Management, Financial Management, CCT and ECDR, but
each packet must have a separate proposal for each module in the packet.
There will be an official Bidder's Conference to be held on April 30, 1999,
at the Workforce Center of the Brazos Valley located in the Townshire Shopping
Center at 1905 South Texas Avenue in Bryan. The conference will begin promptly
at 9:00 a.m. We encourage every interested bidder to attend this conference,
as we will have staff available to answer questions about the RFP and the
procurement process. Please hold any questions regarding your proposal until
the conference. It is recommended that both the person responsible for developing
your proposal, and the person responsible for the operation of your program,
be present at the meeting.
This RFP is available upon request from BVCOG, 1706 East 29th Street, Bryan,
Texas, 77802, between the hours of 8:00 a.m. through 5:00 p.m., Monday through
Friday or by downloading it off of the following web site: http://www.bvjobs.org.
Questions may be directed to Trisha Einkauf, at (409) 775-4244, extension
156. The deadline for response to this RFP is May 28, 1999 at 4:00 p.m. Please
see instructions for submission found in the enclosed RFP.
The Board appreciates your interest in child care management services in
our area, and looks forward to receiving your proposal.
TRD-9902202
Nick Gilley
Board Chair
Brazos Valley Workforce Development Board
Filed: April 15, 1999
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
Chapter 501. Requests for federal consistency review were received for the
following projects(s) during the period of April 8, 1999, through April 14,
1999:
FEDERAL AGENCY ACTIONS:
Applicant:
Friendswood
Land Development Company
; Location: The project is located in wetlands
adjacent to and south of Lake Houston, within the Kings River Village Subdivision,
in Harris County, Texas; Project Number: 99-0149-F1; Description of Proposed
Action: The applicant is requesting authorization to place fill material into
approximately 1 acre of wetlands to facilitate the development of Section
9 of the Kings River Village Subdivision. As mitigation for the jurisdictional
impacts, the applicant is proposing to create a total of 7 acres of wetland
habitat, at two locations within a 74-acre tract that has been set aside for
habitat resource management; Type of Application: U.S.A.C.E. permit application
number 21622 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant:
Sabine
Pass Port Authority
; Location: The project is located on the Sabine-Neches
Ship Channel, at 5960 South 1st Street, in Sabine Pass, Jefferson County,
Texas; Project Number: 99-0150-F1; Description of Proposed Action: The applicant
proposes to construct a marina for pleasure boats. The marina basin will be
approximately 300 feet wide and 426 feet long. It will be excavated to a depth
of approximately -8 feet mean low tide (MLT). The excavated material, approximately
38,000 cubic yards, will be hauled to off-site upland placement areas; Type
of Application: U.S.A.C.E. permit application number 21645 under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
COMMENTS:
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 is, or is not consistent with
the Texas Coastal Management Program goals and policies, and whether the action
should be referred to the Coastal Coordination Council for review. Further
information for the applications listed above may be obtained from Ms. Janet
Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress
Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us.
Persons are encouraged to submit written comments as soon as possible
TRD-9902353
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: April 21, 1999
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 April 19, 1999-April 25, 1999 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 April 19, 1999-April 25, 1999 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-9902197
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commisssioner
Filed: April 14, 1999
Order Adopting the Uniform Format Manuel for the Texas Court Reporters
ORDER ADOPTING THE UNIFORM FORMAT MANUAL FOR THE
TEXAS COURT REPORTERS AND AMENDING COURT OF CRIMINAL APPEALS ORDER DIRECTING
THE FORM OF THE APPELLATE RECORD IN CRIMINAL CASES
Effective May 1, 1999
IT IS ORDERED THAT:
Section B of the Court of Criminal Appeals Order Directing the Form of
the Appellate Record in Criminal Cases, Texas Rules of Appellate Procedure,
Appendix, is amended to read as follows, effective May 1, 1999:
(1) The court reporter must prepare and file the reporter's record in accordance
with Rules 34.6 and 35 and the Uniform Format Manual for Texas Court Reporters.
Even if more than one notice of appeal or request for preparation of the record
is filed, the reporter should prepare only one record in a case.
(2) In the event of a flagrant violation of this Order in the preparation
of a reporter's record, on motion of a party or on the court's own initiative,
the appellate court may require the court reporter, to amend the reporter's
record or to prepare a new reporter's record in proper form--and provide it
to any party who has previously made a copy of the original, defective reporter's
record--at the reporter's expense. Failure of a reporter to comply with the
requirements of the Uniform Format Manual for Texas Court Reporters is also
subject to discipline by the Court Reporter's Certification Board.
BE IT FURTHER ORDERED
that the Clerk of this
Court shall file with the Secretary of the State of Texas, for and in behalf
of this Court, a duplicate original copy of this Order and the Clerk shall
cause the order to be published in the
Texas Register
and the
Texas Bar Journal
.
BE IT FURTHER ORDERED
that this amendment
becomes effective May 1, 1999 and remains in effect unless and until disapproved,
modified or changed by the Legislature or unless and until supplemented or
amended by this Court.
BE IT FURTHER ORDERED
that this order shall
be recorded in the Minutes of this Court, and that the original of this order
signed by the members of this Court shall be preserved by the Clerk of this
Court as permanent records of this Court.
SIGNED AND ENTERED IN DUPLICATE ORIGINALS
this the 12th day of April, 1999.
Michael J. McCormick, Presiding Judge; Lawrence E. Meyers, Judge; Stephen
W. Mansfield, Judge; Sharon F. Keller, Judge; Tom Price, Judge; Sue Holland,
Judge; Paul Womack, Judge; Cheryl A. Johnson, Judge; Mike E. Keasler, Judge.
TRD-9902191
Troy Bennett
Clerk of the Court
Court of Criminal Appeals
Filed: April 14, 1999
Applications for a Merger or Consolidation
Notice is given that the following applications have been filed with the
Texas Credit Union Department and is under consideration:
An application was received from Houston Area Central Credit Union (Houston)
seeking approval to merge with First Educators Credit Union (Houston) with
the latter being the surviving credit union.
An application was received from Red Arrow-American Credit Union (San Antonio)
seeking approval to merge with St Joseph's Credit Union (San Antonio) with
the latter being the surviving credit union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Any written comments must provide all information that the
interested party wishes the Department to consider in evaluating the application.
All information received will be weighed during consideration of the merits
of an application. Comments or a request for a meeting should be addressed
to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas,
78752-1699.
TRD-9902366
Harold E. Feeney
Commissioner
Texas Credit Union Department
Filed: April 21, 1999
Notice is given that the following applications have been filed with the
Texas Credit Union Department and are under consideration:
An application was received from Texans Credit Union, Richardson, Texas,
to expand its field of membership. The proposal would permit persons who work
or reside in Sachse and Wylie, Texas, (excluding persons eligible for primary
membership in any occupation or association-based credit union with a total
membership of less than 20,000 members at the time membership is sought with
Texans Credit Union, and having an office within the boundaries of Sachse
and Wylie, Texas on July 1, 1999), to be eligible for membership in the credit
union.
An application was received from Texans Credit Union, Richardson, Texas,
to expand its field of membership. The proposal would permit persons who work
or reside in Highland Village, Flower Mound, Coppell, Carrollton, Hebron,
Lewisville, The Colony, and Frisco, Texas, (excluding persons eligible for
primary membership in any occupation or association-based credit union with
a total membership of less than 20,000 members at the time membership is sought
with Texans Credit Union, and having an office within the boundaries of Highland
Village, Flower Mound, Coppell, Carrollton, Hebron, Lewisville, The Colony,
and Frisco, Texas on July 1, 1999), to be eligible for membership in the credit
union.
An application was received from Southwest Resource Credit Union, Baytown,
Texas, to expand its field of membership. The proposal would permit employees
and members of the Escapees, Inc. to be eligible for membership in the credit
union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Credit unions that wish to comment on any application must
also complete a Notice of Protest form. The form may be obtained by contacting
the Department at (512) 837-9236. Any written comments must provide all information
that the interested party wishes the Department to consider in evaluating
the application. All information received will be weighed during consideration
of the merits of an application. Comments or a request for a meeting should
be addressed to the Texas Credit Union Department, 914 East Anderson Lane,
Austin, Texas, 78752-1699.
TRD-9902365
Harold E. Feeney
Commissioner
Texas Credit Union Department
Filed: April 21, 1999
In accordance with the provisions of 7 TAC §91.103, the Texas Credit
Union Department provides notice of the final action taken on the following
applications:
Applications to Expand Field of Membership
United Heritage Credit Union, Austin, Texas--See
Texas Register
issue dated January 29, 1999 (24 TexReg 620)
United Heritage Credit Union, Austin, Texas--See
Texas Register
issue dated January 29, 1999 (24 TexReg 620)
United Heritage Credit Union, Austin, Texas--See
Texas Register
issue dated January 29, 1999 (24 TexReg 620)
Community Credit Union, Plano, Texas--See
Texas
Register
issue dated January 29, 1999 (24 TexReg 620)
Mid-County Teachers Credit Union, Port Neches, Texas--See
Texas Register
issue dated January 29, 1999 (24 TexReg 620)
Application for a Merger or Consolidation
TEC-Nine Credit Union and TEC & State Employees Credit Union--See
TRD-9902364
Harold E. Feeney
Commissioner
Texas Credit Union Department
Filed: April 21, 1999
Request for Qualifications
The Texas Department of Criminal Justice (TDCJ), acting as construction
manager for the Texas Youth Commission (TYC), is seeking qualification statements
from experienced architect-engineering firms interested in providing plans
and specifications to design new construction projects, remodel existing facilities,
and other maintenance activities at various locations throughout the state,
pursuant to the provisions of the Government Code, Chapter 2254, Subchapter
A. TYC intends to enter into a requirements-type contract with one or more
firms to provide such services on an as-needed basis through August 31, 2001,
based on funds availability appropriated by the Texas Legislature.
Responses must be received no later than 3 p.m. on May 18, 1999.
Technical questions relative to the scope of work should be directed to
Bill Gaines at (409) 294-6979. All request for a copy of the RFQ must be in
writing to Iris Young, Contract Administrator, P.O. Box 4014 (Contracts),
Spur 59 off of Hwy 75 North, Room 137, Huntsville, Texas 77340; (e-mail address:
iris.young@tdcj.state.tx.us). Fax requests are acceptable.
TRD-9902332
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: April 20, 1999
Correction of Error
The State Board of Dental Examiners proposed an amendment to 22 TAC §109.175.
The rule appeared in the April 16, 1999, issue of the
Texas Register
(24 TexReg 3009).
Due to Texas Register error, on page 3012, §109.175(b)(3)(D)(iii)(II),
was published as “(II) Shall perform EKG monitoring of all patients
with electrocardioscopy, except as provided in subparagraph (F) of this paragraph.
of this section” it should read “(II) Shall perform EKG monitoring
of all patients with electrocardioscopy, except as provided in subparagraph
(F) of this paragraph.”
Due to Agency error, on page 3014, §109.175(c)(3)(F)(i), language
was omitted. It should read as “(i) In selected circumstances, parenteral
deep sedation/general anesthesia may be utilized without first establishing
an indwelling intravenous line or continuous EKG monitoring with electrocardioscopy
or pulse oximetry. ...”
Announcement of Availability of REMI Model
State agencies may use sophisticated policy analysis tool through agreement
with the Texas Department of Economic Development.
The Texas Department of Economic Development has acquired the Regional
Economic Models Inc.'s (REMI) model for the State of Texas. REMI is used throughout
the United States to show impacts of economic and demographic changes on a
regional economy resulting from public policy decisions regarding environmental
laws, utility deregulation, business expansion, and taxes, among others. REMI
contains historical population and demographic data going back to 1969 and
includes a baseline forecast through 2030. REMI is a dynamic model of the
U.S. and Texas economies and only requires a personal computer to operate.
Prior to use of the model, other state agencies will be required to sign
an interagency agreement and reimburse the Texas Department of Economic Development
with a portion of the annual maintenance fees for the model. REMI will deliver
the Texas regional model to participating agencies after a secondary user's
license has been purchased directly from REMI.
Agencies interested in beginning use of the REMI model in FY 2000 must
submit a completed interagency contract by July 15, 1999.
Please contact Branner Steward at the Texas Department of Economic Development
for additional information concerning the REMI model, the secondary user's
license, and the interagency contract. Phone: 512-936-0291.
TRD-9902200
Gary Rosenquest
Chief Administrative Officer
Texas Department of Economic Development
Filed: April 15, 1999
Request for Applications Concerning Public Law 103-382, Elementary and Secondary Education Act (ESEA) Title I, Part A - Capital Expenses, 1999–2000
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-99-011 from school districts that
have incurred capital expenses since July 1, 1995, or will incur such expenses
during the 1999-2000 school year, as a result of implementation of alternative
delivery systems to comply with the requirements of Aguilar v. Felton in providing
Title I, Part A, services to students attending private, religiously affiliated
schools.
Description. Under Public Law 103-382, Title I, Part A, §1120(e),
the term "capital expenses" means expenditures for noninstructional goods
and services, such as: the purchase, lease, rental, and renovation of real
and personal property (including, but not limited to, mobile educational units
and leasing of neutral sites or space); insurance and maintenance costs; transportation;
technician costs for the supervision of computer-assisted instruction (CAI);
and other comparable goods and services. Under Title 34, Code of Federal Regulations
(CFR), §200.16, capital expenses do not include the purchase of instructional
equipment such as computers.
Dates of Project. The Title I, Part A*Capital Expenses project will be
implemented during the 1999-2000 school year, starting no earlier than July
1, 1999, and ending no later than June 30, 2000.
Project Amount. The projected state total available for these projects
is $908,904. These projects are funded 100% from Elementary and Secondary
Education Act (ESEA), as amended by Public Law 103-382, Title I, Part A* Capital
Expenses.
Selection Criteria. Applications submitted in response to this RFA must
address all required components of the RFA. Applications are non-competitive
and will be selected according to the following criteria: (1) Requests for
funding to meet current-year capital expenses will be categorized as Priority
1. (2) Requests for funding to reimburse the Title I, Part A, program for
prior-year capital expenses will be categorized as Priority 2. Only requests
for prior- year expenses from school years 1995-96, 1996-97, 1997-98 and 1998-99
will be considered under Priority 2.
If the level of funding is insufficient to fund all eligible applicants
under Priority 1, a ratably reduced share will be granted for Priority 1 expenses
and no funds will be distributed under Priority 2. 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 incurred
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 # 701-99-011 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
78701-1494, or by calling (512) 463-9304. Please refer to the RFA number in
your request.
Further Information. For clarifying information about the RFA, contact
Sam Lester, Division of Student Support Programs, Texas Education Agency,
(512) 463-9374.
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), Wednesday, June 30, 1999, to be considered.
TRD-9902352
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: April 21, 1999
Notice of Request for Contract Services Proposal
The General Land Office (GLO) is contemplating the award of a contract
to provide the following services:
A firm or consortium is sought that is capable of providing professional
services in support of the Coastal Coordination Council's mission to improve
beach and bay access along the Texas coast. This will include surveying existing
beach and bay access points within the Texas Coastal Management Program (CMP)
boundary in the following counties: Orange, Jefferson, Chambers, Harris, Galveston,
Brazoria, Matagorda, Jackson, Victoria, Calhoun, Willacy, and Cameron. CMP
funding will be used to compile information on current public and private
access points, types of facilities, site location and condition, and adjacent
land use. To this end, the qualified firm or consortium must, at a minimum,
have the following attributes:
1. Knowledge of the Texas coast and experience working with government
agencies, conservation groups, nonprofit organizations, academia, and the
general public.
2. Knowledge of shoreline access issues in Texas.
3. Knowledge of coastal habitats along the Gulf coast.
4. Experience with resource inventory techniques.
5. Equipped with and trained in using a Geographic Information System
(GIS) application (i.e., Arc/Info, ArcView, etc.).
6. Equipped with and trained in using a Global Positioning System (GPS)
receiver.
7. Equipped with and trained in using Microsoft Access 97 for data management.
8. Equipped with and experienced in using a digital camera.
The award of a contract to provide such services is contingent upon funds
becoming available to the GLO.
The providers will be evaluated and selected based on: (1) knowledge, experience,
and capabilities in the areas described above; (2) ability to perform work
within the required time constraints, and; (3) demonstrated and projected
use of HUB vendors. The contract will be awarded in accordance with the procedure
set forth in Texas Government Code, §2254.001 et seq.
Providers must be capable of entering into a contract within 14 days of
selection and initiating work within 14 days of contract award. Interested
persons may receive a Request for Qualifications packet by faxing (512) 475-0680,
or write to the address given.
Deadline:
Qualifications statements will
be accepted until 5:00 p.m. Tuesday, June 1, 1999, at the General Land Office,
Attention: Claire Randle, 1700 North Congress Ave., Room 617, Austin, Texas
78701-1495.
TRD-9902354
Larry R. Soward
Chief Clerk
General Land Office
Filed: April 21, 1999
Notice of Contract Airline Fares Request for Proposal
The General Services Commission (the "GSC") announces a Request for Proposals
("RFP") for Contract Airline Fares (RFP #9-0499AF) to be provided to the State
of Texas pursuant to the Texas Government Code, Section 2171.052. Any contract
which results from this RFP shall be for the term of September 1, 1999, through
August 31, 2000.
Preproposal Conference:
A preproposal conference
will be held on Wednesday, April 28, 1999, in Austin, Texas. The conference
is scheduled from 1:00 p.m. to 3:00 p.m. at the following address: General
Services Commission, Central Services Building, Room 200B, 1711 San Jacinto
Boulevard, Austin, Texas 78701. The purpose of the conference is to review
the content of this RFP and to answer attendees questions.
Submission of Response to the RFP:
Responses
to the RFP shall be submitted to and received by the GSC Bid Services Department
on or before 3:00 p.m., Central Daylight Savings Time, on May 19, 1999, and
shall be delivered or sent to: The General Services Commission, Attn: Bid
Services, RFP #9-0499AF, 1711 San Jacinto Boulevard, Room 180, Austin, Texas
78701, or P.O. Box 12047, Austin, Texas 78711-3047.
Evaluation Criteria:
Evaluation of Proposals
will be based on the criteria listed in the Request for Proposal. Evaluation
will be performed by an evaluation team composed of persons designated by
the GSC. The evaluation team will make a recommendation to the Division Director
who shall determine and recommend to the Executive Director the proposer(s)
chosen for contract award. Proposers to whom contracts are awarded will be
notified by mail.
Copies of RFP:
If you are interested in receiving
a copy of the RFP, contact Ms. Gerry Pavelka, Program Director, at (512) 463-3559
to request a copy.
TRD-9902333
Judy Ponder
General Counsel
General Services Commission
Filed: April 20, 1999
Correction of Error
The Texas Department of Health proposed repeal of 25 TAC §229.221
and §229.222. The rules appeared in the April 2, 1999, issue of the
Due to agency error, on page 2630, preamble left column, the cross-reference
is reflected in paragraph 7 as the “Health and Safety Code, Chapter
4,” and should read “The proposed repeals affect the Health and
Safety Code, Chapter 431;”.
The Texas Department of Health (department), Associateship for Community
Health and Resources Development, is requesting public comment for the fiscal
year 2000 Title V Maternal and Child Health (MCH) Grant Application and the
fiscal year 2000-01 Genetics Resource Allocation Plan, as part of the ongoing
public input process. We need your suggestions about ways to improve the health
of all women and children in Texas, including children with special health
care needs (CSHCN). Texas Title V program is responsible for the provision
of preventive and primary care services for pregnant women, mothers and infants;
preventive and primary care services for children; and specialized services
for CSHCN.
A year ago, the federal Maternal and Child Health Bureau conducted a major
overhaul of the Title V Application Guidance (instructions) based on a system
of national and state performance measures for all state Title V programs.
Currently, Texas Title V program is responsible for monitoring and reporting
on a set of 18 required national performance measures and a set of eight custom
state performance measures. For each performance measure, Title V program
must: (1) set annual targets for the next five years; and (2) develop activity
plans and allocate resources to reach the targets.
The packet, which includes performance measures and activity plans, may
be downloaded for your review from: http://www.tdh.state.tx.us/mch/mch_home.htm.
In addition to this electronic request, we are mailing about 1,400 packets
to public health leaders and interest groups, contractors, and MCH/CSHCN services
consumers.
Deadline for public comment is 5:00 p.m., Central Daylight Saving Time,
May 14, 1999. Comments may be sent via E-mail to 2000_titlev@tdh.state.tx.us
or by regular mail to Fouad Berrahou, Ph.D., Health Planner, Bureau of Children's
Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199.
TRD-9902339
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 20, 1999
INTRODUCTION
The Texas Department of Health (department) announces a Request for Proposals
(RFP) for the provision of case management and/or community/family resource
services for Children with Special Health Care Needs (CSHCN) in Public Health
Regions (PHR) 6 and 5S. For the purpose of this RFP, case management is defined
as the assessment of the child's overall service needs and the development
of a plan for meeting these needs. The services will be family centered, community-based,
and culturally competent, and will assist children who need a variety of services.
To be eligible for CSHCN case management, a child must be under the age of
21, a resident of Texas, have a special health care need, and not be able
to access other case management services. Community and family resource activities
should build community infrastructure and /or educate and support CSHCN and
their families in promoting their health and well being. The RFP provides
a listing of example activities.
ELIGIBLE APPLICANTS
Eligible applicants include public and private agencies and organizations
which are current or potential service providers for CSHCN in PHR 6 and 5S,
including present CSHCN case management contractors.
AVAILABILITY OF FUNDS
Approximately $384,000 is expected to be available to fund three to six
proposals.
PROJECT AND BUDGET PERIODS
Contracts will be funded for a 12-month period beginning September 1, 1999
through August 31, 2000.
REVIEW AND AWARD CRITERIA
Each application will be screened for eligibility and completeness, as
well as satisfactory fiscal and administrative history. Applications deemed
ineligible, or that arrive after the deadline, will not be reviewed.
Eligible, complete applications will be reviewed and scored by evaluators,
according to the quality and thoroughness of the application and the demonstrated
potential of the applicant to provide quality case management and/or community/family
resource services.
SUBMISSION REQUIREMENTS
The original and one copy must be received by Marjorie Doubleday, Bureau
of Children's Health, Bureau of Nutrition Services, Contract Management Section,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, by
5:00 p.m. Central Daylight Saving Time on May 28, 1999. An additional copy
must be received by Sam B. Cooper, III, Director of Social Work Services,
PHR 6 and 5S, Texas Department of Health, 5425 Polk, Suite J-CIDC/SW, Houston,
Texas 77023-1497 by the same deadline.
TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS
A copy of the RFP will be sent to current Texas Department of Health CSHCN
case management contractors in PHR 6 and 5S. The RFP will be available at
http://www.tdh.state.tx.us/child/homecide.htm on April 30, 1999. To request
a copy of the RFP, contact Marjorie Doubleday, Bureau of Children's Health,
Bureau of Nutrition Services, 1100 West 49th Street, Austin, Texas 78756;
Telephone (512) 458-7111, extension 3028; or E-mail address majorie.simmons@tdh.state.tx.us.
TRD-9902329
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 20, 1999
The Texas Department of Health (department), having duly filed complaints
pursuant to
Texas Regulations for Control of Radiation
, Part 13 (25 Texas Administrative Code §289.112), has revoked
the following certificates of registration: Texas Industrial Laboratories,
Fort Worth, R06987, March 30, 1999; UIC, Inc., Fort Worth, R15956, March 30,
1999; Highlands Chiropractic Clinic, Highlands, R18209, March 30, 1999; Comprehensive
Foot Care, San Antonio, R21366, March 30, 1999; Cosmetic Laser Center, San
Antonio, Z01111, March 30, 1999.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-9902330
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 20, 1999
The Texas Department of Health (department), having duly filed complaints
pursuant to
Texas Regulations for Control of Radiation
, Part 13 (25 Texas Administrative Code §289.112), has revoked
the following radioactive material license: Construction Services, San Angelo,
L04752, March 30, 1999.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except
holidays).
TRD-9902331
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 20, 1999
Office of Colonia Initiatives - Notice of Determination of Certain Counties
In accordance with Subchapter E, Chapter 5, Texas Property Code, as added
by Chapter 994, Acts of the 74th Legislature, the Texas Department of Housing
and Community Affairs has determined that the requirements governing residential
contracts for deed in Subchapter E will apply to the following counties in
Texas:
1. Brooks
2. Cameron
3. Coleman
4. Culberson
5. Dimmit
6. Duval
7. El Paso
8. Frio
9. Hidalgo
10. Jim Hogg
11. Jim Wells
12. Kinney
13. Kleberg
14. La Salle
15. Maverick
16. Mitchell
17. Presido
18. Reeves
19. San Patricio
20. Starr
21. Uvalde
22. Val Verde
23. Ward
24. Webb
25. Willacy
26. Winkler
27. Zapata
28. Zavala
Each county listed above is within 200 miles of an international border
and has a per capita income that averaged 25 percent below the state average
for the years 1994, 1995, and 1996 and an unemployment rate that averaged
25 percent above the state average for the years 1996, 1997, and 1998.
The Texas Department of Housing and Community Affairs has also determined
that the requirements contained in Subchapter E will apply to the counties
listed above beginning June 1, 1999.
TRD-9902338
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 20, 1999
Correction of Error
The Texas Department of Human Services adopted amendments to 40 TAC §§12.2,
12.5, 12.7, 12.8, 12.17, 12.23, and 12.24. The rules appeared in the April
9, 1999, issue of the
Texas Register
(24 TexReg
2951).
Due to agency error, subsection (g) was published incorrectly. The subsection
should read as follows:
“(g) DHS imposes sanctions against contractors that sponsor day care
homes who fail to disburse program funds to providers in accordance with program
requirements when program violations related to the disbursement of program
funds to providers identified during an administrative review exceed a tolerance
level of one provider or 10% of the providers sampled, whichever amount is
greater. DHS imposes sanctions according to the following procedure:”
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application for admission in Texas for AMERICAN TRANSPORT INSURANCE COMPANY,
a domestic fire and casualty company. The home office is in Addison, Texas.
Application to change the name of AMERICAN TRAVELLERS LIFE INSURANCE COMPANY
to CONSECO SENIOR HEALTH INSURANCE COMPANY, a foreign life company. The home
office is in Carmel, Indiana.
Application to change the name of PENNSYLVANIA MILLERS MUTUAL INSURANCE
COMPANY to PENN MILLERS INSURANCE COMPANY, a foreign fire and casualty company.
The home office is in Wilkes-Barre, Pennsylvania.
Application to change the name of FINANCIAL BENEFIT LIFE INSURANCE COMPANY
to AMERICAN SAVERS LIFE INSURANCE COMPANY, a foreign life company. The home
office is in Boca Raton, Florida.
Any objections must be 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-9902198
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: April 14, 1999
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Liberty Insurance Corporation proposing
to use rates for personal automobile insurance that are outside the flexibility
band promulgated by the Commissioner of Insurance pursuant to Texas Insurance
Code Annotated Article 5.101, §3(g). For classes 6A, B, C & AF, they
are proposing a rate of +49.7% above the benchmark for BI and PD; +44% above
the benchmark for PIP and Medical Payments; +30% above the benchmark for UM;
and +109% above the benchmark for Comprehensive and Collision.
For classes 1A, 1A-2, 1B-1, 1B-2, 1C, 1C-2, 1AF, 1AF-2, 2A-1, 2A-2, 2AF-1,
2AF-2, 2D, 2DF, 2C-1, 2C-2, 2CF-1, 2CF-2, 3, 3A, 8, and 8A, they are proposing
a rate of +67.8% above the benchmark for BI and PD; +60% above the benchmark
for PIP and Medical Payments; +30% above the benchmark for UM; and +109% above
the benchmark for Comprehensive and Collision.
Copies of the filing may be obtained by contacting Gifford Ensey, at the
Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin,
Texas 78714-9104, extension (512) 475-1761.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to Article 5.101, §3(h), is made
with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance,
MC 105-5F, P.O. Box 149104, Austin, Texas 78701. Objections/comments must
be made within 30 days after publication of this notice.
TRD-9902363
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: April 21, 1999
The Commissioner of Insurance will hold a public hearing under Docket Number
2407 on June 1, 1999 at 9:00 a.m, in Room 100 of the Texas Department of Insurance
Building, 333 Guadalupe Street in Austin, Texas to consider a petition by
the staff of the Texas Department of Insurance proposing amendments to the
Texas Commercial Lines Statistical Plan. The proposed changes are necessary
in order to (a) make revisions to company reporting instructions to correct
the name and address of TDI's Commercial Lines Statistical Agent, (b) require
that unused portions of numeric and alphanumeric fields be zero filled, (c)
require that insurers report data via diskette in ASCII fixed-length format
only, (d) remove references to Annual Statement Line 25 (Glass), (e) add a
footnote for Commercial Automobile Employer's Non-ownership classes to indicate
that these classes are not applicable for Liability Assigned Risks, (f) update
General Liability Premises & Operations and Products & Completed Operations
classes, exposure bases and codes, (g) add ISO Texas Fire Subline Codes, (h)
modify descriptions for Time Element coverage codes on run-off transactions,
(i) add Basic Group II construction definitions and rating categories, (j)
clarify that construction definitions and classes for all coverages other
than those including wind should reflect fire construction criteria, (k) add
class codes for Bobtail and Deadhead coverages as part of Special Types, (l)
add class codes for Commercial Automobile Special Types under Leasing and
Rental Concerns and for short term motorcycles, motorbikes and similar vehicles,
(m) add a class code under Commercial Automobile Special Types for Rental
Car Companies, and (n) make minor editorial changes to various fields and
statistical codes for clarification purposes. Staff's petition (Reference
P-0499-04-I) was filed on April 19, 1999.
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.96 and 21.69.
Copies of the full text of the staff petition and the proposed amendments
are available for review in the Office of the Chief Clerk of the Texas Department
of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further
information or to request copies of the petition and proposed amendments,
please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference Number
P-0499-04-I).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the
Texas
Register
to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A,
Austin, Texas 78714-9104. An additional copy of the comment should be submitted
to C. H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104,
MC 105-105-5G, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts action taken under this article from the requirements of the
Administrative Procedure Act (Government Code, Title 10, chapter 2001).
TRD-9902342
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: April 21, 1999
The Commissioner of Insurance will hold a public hearing under Docket Number
2408 on June 1, 1999 at 9:00 a.m in Room 100 of the Texas Department of Insurance
Building, 333 Guadalupe Street in Austin, Texas to consider a petition by
the staff of the Texas Department of Insurance proposing amendments to the
Texas Statistical Plan for Residential Risks. The proposed changes are necessary
in order to (a) add a field and statistical codes for the Texas Windstorm
Insurance Association (TWIA) Building Code Credits, (b) add additional Optional
Credits statistical codes for Dwelling coverage, (c) add a field and statistical
codes for Law and Ordinance Coverage, (d) remove the Texas Place Code Listing
from the Statistical Plan and reference it as a separate document, and (e)
make minor editorial changes to various fields and statistical codes for clarification
purposes. Staff's petition (Reference P-0499-05-I) was filed on April 19,
1999.
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.96 and 21.69.
Copies of the full text of the staff petition and the proposed amendments
are available for review in the Office of the Chief Clerk of the Texas Department
of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further
information or to request copies of the petition and proposed amendments,
please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference Number
P-0499-05-I).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the
Texas
Register
to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A,
Austin, Texas 78714-9104. An additional copy of the comment should be submitted
to C. H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104,
MC 105-105-5G, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts action taken under this article from the requirements of the
Administrative Procedure Act (Government Code, Title 10, chapter 2001).
TRD-9902343
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: April 21, 1999
The Commissioner of Insurance will hold a public hearing under Docket Number
2409 on June 1, 1999 at 9:00 a.m, in Room 100 of the Texas Department of Insurance
Building, 333 Guadalupe Street in Austin, Texas to consider a petition by
the American Insurance Association (AIA) proposing amendments to the Texas
Statistical Plan for Residential Risks. The changes are being proposed in
order to reduce statistical reporting burdens and to simplify some reporting
requirements. The changes proposed are: (a) to limit reporting requirements
for "roof construction" to policies which receive a premium credit for hail-resistant
roofs; (b) to combine roof construction types "aluminum", "steel", "copper",
and "roll roofing" into one category termed "metal"; and (c) to eliminate
"recycled roofing products" and "single ply membrane systems" from the list
of roof construction options. AIA's petition (Reference P-0499-03) was filed
on April 19, 1999.
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.96 and 21.69.
Copies of the full text of the AIA petition and the proposed amendments
are available for review in the Office of the Chief Clerk of the Texas Department
of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further
information or to request copies of the petition and proposed amendments,
please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference Number
P-0499-03).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the
Texas
Register
to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A,
Austin, Texas 78714-9104. An additional copy of the comment should be submitted
to C. H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104,
MC 105-105-5G, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts action taken under this article from the requirements of the
Administrative Procedure Act (Government Code, Title 10, chapter 2001).
TRD-9902341
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: April 21, 1999
Correction of Error
The Texas Natural Resource Conservation Commission submitted Notice of
Public Hearing. The hearing appeared in the April 9, 1999, issue of the
Due to agency error:
On page 2978, second paragraph, first sentence, the reference to the company
should have read “...GNB Technologies, Inc. (formerly Gould National
Battery, Incorporated)...,” rather than “...Gould National Battery,
Incorporated (GNB, now GNB Technologies, Inc.)...”
On page 2978, fifth paragraph, fourth sentence, the reference should have
been to “...Agreed Order 92-09(k),” rather than to “...Agreed
Orders 92-09(k).”
The following notice of application for a permit to appropriate Public
Waters of the State of Texas was issued on April 9, 1999.
Jay E. Baker, Baker Family River Farm, 421 School Street, Kenedy, Texas
78119 has applied for a permit (Application Number 19-5622) pursuant to §11.121
of the Texas Water Code and 30 Texas Administrative Code §295.10 et seq.,
for authorization to divert and use not to exceed 240 acre feet of water per
annum to irrigate 160 acres of land out of a 311 acre tract in Karnes County,
Texas. The diversion of water will be at a rate of 750 gallons per minute
(1.53 cfs) directly from the San Antonio River, San Antonio River Basin, approximately
12 miles east-southeast of Karnes City, Texas.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed within 30 days from the date of newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
newspaper publication of this notice.
To request a contested case 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) applicant's name
and permit number; (3) the statement "[I/we] request a contested case hearing;"
(4) a brief and specific description of how you would be affected by the application
in a way not common to the general public; and (5) the location and distance
of your property relative to the proposed activity. You may also submit your
proposed adjustments to the application/permit which would satisfy your concerns.
Requests for a contested case hearing must be submitted in writing to the
Office of the Chief Clerk at the address provided in the information section
below.
If a hearing request is filed, the Executive Director will not issue the
permit and will forward the application and hearing request to the TNRCC Commissioners
for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, Mail Code 105, TNRCC,
P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing
process, please contact the Public Interest Counsel, MC 103, at the same above
address. For additional information, individual members of the general public
may contact the Office of Public Assistance at 1- (800) 687-4040. General
information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-9902334
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 20, 1999
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Default Orders. The TNRCC Staff proposes a Default Order when the Staff has
sent an Executive Director's Preliminary Report and Petition (EDPRP) to an
entity outlining the alleged violations; the proposed penalty; and the proposed
technical requirements necessary to bring the entity back into compliance,
and the entity fails to request a hearing on the matter within 20 days of
its receipt of the EDPR. Similar to the procedure followed with respect to
Agreed Orders entered into by the executive director of the TNRCC pursuant
to the Texas Water Code (the Code), §7.075, this notice of the proposed
order and the opportunity to comment is 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
May 30, 1999
. The TNRCC will consider any written comments received
and the TNRCC may withdraw or withhold approval of a Default Order if a comment
discloses facts or considerations that indicate that the proposed Default
Orders is inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's
orders and permits issued pursuant to the TNRCC's regulatory authority. Additional
notice of changes to a proposed Default Order is not required to be published
if those changes are made in response to written comments.
A copy of each of the proposed Default Orders is available for public inspection
at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the Default Order should
be sent to the attorney designated for the Default Order at the TNRCC's Central
Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be
(1)COMPANY: David Aguero; DOCKET NUMBER: 1998-0741-OSI-E; ENFORCEMENT NUMBER:
3502; LOCATION: 2511 Encreek Road, Houston, Harris County, Texas; TYPE OF
FACILITY: landscape irrigation operation; RULES VIOLATED: 30 TAC §285.33(c)(2)(D)
by failing to install the proper number of spray irrigation drainfields required
for the minimum surface application area; and 30 TAC §285.58(a)(10) by
failing to perform work on the on-site sewage facility, without just cause,
for 30 consecutive days; PENALTY: $2,656; STAFF ATTORNEY: William Puplampu,
Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Street,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2)COMPANY: T.D. Allison, Incorporated; DOCKET NUMBER: 1998-1158-PST-E;
TNRCC ID NUMBER: 11089; LOCATION: 203 South Kent, Gorman, Eastland County,
Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED:
30 TAC §334.22(a) by failing to pay outstanding UST fees for the fiscal
years 1990 through 1997; and 30 TAC §334.7(d)(l)(B) by failing to update
its UST registration records to reflect that the STs were no longer in service;
PENALTY: $9,000; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175,
(512) 239-3506; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833, (915) 698-9674.
(3)COMPANY: Tom Blankenship; DOCKET NUMBER: 1996-1875-LII-E; TNRCC ID NUMBER:
LI0006077; LOCATION: 2502 Redbrook, Garland, Dallas County, Texas; TYPE OF
FACILITY: landscape irrigation system; RULES VIOLATED: the Code, §34.007(a)
by failing to obtain a valid certificate of registration as a licensed irrigator
before selling, designing, consulting on, and/or installing a landscape irrigation
system; PENALTY: $2,000; STAFF ATTORNEY: David Speaker, Litigation Division,
MC 175, (512) 239-2548; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 469-6750.
(4)COMPANY: Young Man Kwon and Mohammed Younous dba 3 Star Quickway; DOCKET
NUMBER: 1998-0782-PST-E; TNRCC ID NUMBER: 07307; ENFORCEMENT NUMBER: 12710;
LOCATION: 4801 Wichita Street, Fort Worth, Tarrant County, Texas; TYPE OF
FACILITY: retail gasoline dispensing facility; RULES VIOLATED: 30 TAC §115.241
and the Texas Health and Safety Code (THSC), §382.085(b) by failing to
install an approved Stage II vapor recovery system which is certified to reduce
the emissions of volatile organic compounds to the atmosphere by at least
95%; 30 TAC §334.51(b)(2)(C) and the Code, §26.3475 by failing to
equip tanks with proper overfill prevention; 30 TAC §334.50(b)(1)(A)
and (2)(A) and the Code, § 26.3475 by failing to have a release detection
method capable of detecting a release from the tanks portion of the UST system
and by failing to have a release detection method capable of detecting a release
from the pressurized piping of the ST system; 30 TAC § 334.50(d)(B)(iii)(I)
and the Code, §26.348 by failing to record inventory volume measurement
for regulated substance inputs, withdrawals, and the amount still remaining
in the tank each operating day; 30 TAC §334.7(a)(1) and the Code, §26.346
by failing to register with the commission, on authorized commission forms,
USTs in existence on or after September 1, 1987; and 30 TAC §334.22(a)
and the Code, §26.358 by failing to make payments on annual facility
fees; PENALTY: $16,000; STAFF ATTORNEY: Lisa Zintsmaster Hernandez, Litigation
Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 1101 East Arkansas Lane,
Arlington, Texas 76010-6499, (817) 469-6750.
TRD-9902323
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 20, 1999
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 the Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
not later
than the 30th day before the date on which the public comment period closes,
which in this case is
May 30, l999
. Section
7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withdraw or hold approval of an AO if a comment
discloses facts or considerations that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes and rules
within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory
authority. Additional notice of changes to a proposed AO is not required to
be published if those changes 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
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the AOs should be sent to
the attorney designated for the AO at the TNRCC's Central Office at P.O. Box
13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on May 30, 1999
. Written comments may also be
sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys
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: AC Liquidating Corporation; DOCKET NUMBER: 1998-1414-IHW-E;
TNRCC NUMBER: 31618; LOCATION: 11011 Fairmont Parkway, La Porte, Harris County,
Texas; TYPE OF FACILITY: hazardous waste treatment and storage facility; RULES
VIOLATED: 30 TAC § 335.4 and the Code, §26.121 by failing to address
confirmed groundwater contamination from two closed hazardous waste management
units; 30 TAC § 335.112(a)(7) and 40 Code of Federal Regulations (CFR),
§ 265.143 by failing provide an estimate and proof of financial assurance
with the Post-Closure Care permit application; and 30 TAC § 335.112(a)(5)
and 40 CFR, § 265.93 by failing to conduct groundwater monitoring during
the first six months of 1998; PENALTY: $60,000; STAFF ATTORNEY: Nathan Block,
Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 676-3500.
(2)COMPANY: Ashcraft-Southern Marble Company, Incorporated; DOCKET NUMBER:
1998-0618-IHW-E; TNRCC NUMBER: 69607; LOCATION: 13822 Highway 155 South, Tyler,
Smith County, Texas; TYPE OF FACILITY: cultured marble manufacturing facility;
RULES VIOLATED: 30 TAC §335.4 and the Code, §26.121 by causing,
suffering, allowing, and/or permitting the collection, handling, storage,
processing, or disposal of industrial solid waste in such a manner so as to
cause the discharge or imminent threat of discharge of industrial solid waste
into or adjacent to the waters in the state; 30 TAC §335.6 by failing
to update the Notice of Registration for specific wastes and waste management
units at the facility; 30 TAC §335.9(a)(1) and (2) by failing to submit
an annual waste summary form for 1997 and 1996, correct and resubmit the 1995
annual waste summary, and keep records of waste management activities; 30
TAC §335.62, incorporating 40 CFR, § 262.11 and 30 TAC § 335.431,
incorporating 40 CFR, §268.7 by failing to perform required hazardous
waste determinations, determine and record which of its hazardous wastes are
restricted from land disposal, and determine if any restricted wastes meet
established treatments standards; and 30 TAC §335.474 by failing to develop
a source reduction and waste minimization plan; PENALTY: $9,375; STAFF ATTORNEY:
Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE:
2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(3)COMPANY: The City of Groveton; DOCKET NUMBER: 1998-0964-MSW-E; TNRCC
ID NUMBER: 898; ENFORCEMENT ID NUMBER: 12800; LOCATION: 1.3 miles southeast
of US Highway 287 and Farm to Market Road 255 on the east side of Kickapoo
Road, Groveton, Trinity County, Texas; TYPE OF FACILITY: municipal solid waste
landfill; RULES VIOLATED: 30 TAC §330.252(c) by failing to complete final
cover of the landfill; and 30 TAC §330.111 by deviating from an approved
closure plan; PENALTY: $4,375; STAFF ATTORNEY: Cecily Small Gooch, Litigation
Division, MC R-4, (817) 469-6750; REGIONAL OFFICE: 3870 Eastex Freeway, Suite
110, Beaumont, Texas 77703-1892, (409) 898-3838.
(4)COMPANY: Dennis Hakes dba Hakes Holstein Heaven; DOCKET NUMBER: 1997-
1164-AGR-E; TNRCC NUMBER: 03087; LOCATION: State Highway 6 on Farm to Market
Road 914, Dublin, Erath County, Texas; TYPE OF FACILITY: concentrated animal
feeding operation; RULES VIOLATED: the Code, §26.136 and Special Provision
Number 13 of TNRCC Permit Number 03087 by failing to furnish certification,
by a Texas registered engineer, that the facilities had been constructed in
accordance with the requirements of the permit; PENALTY: $6,250; STAFF ATTORNEY:
Heather Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE:
1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
(5)COMPANY: Michael Meazell dba Shady Shores Water System and Ridgewood
Village Development Company, Incorporated; DOCKET NUMBER: 1997-1160-PWS-E;
TNRCC NUMBER: 1580014; ENFORCEMENT NUMBER: 12005; LOCATION: four miles east
of Highway 256 and Farm to Market Road 450 Junction, Marion County, Texas;
TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.46(f)(l)(A)
by failing to maintain a free chlorine residual of 0.2 milligrams per liter
in the far reaches of the distribution system at all times; 30 TAC §290.46(e)
by failing to operate the system under a "D" certified water works operator;
30 TAC §290.46(t) by failing to maintain the distribution system lines
in a watertight condition; 30 TAC §290.44(a)(4) by failing to install
the distribution lines a minimum of 24 inches below ground surface; 30 TAC
290.43(c)(4) by failing to provide a water level indicator for the ground
storage tank; 30 TAC §290.41(c)(3)(B) by failing to extend the wellhead
casing a minimum of 18 inches above the natural ground surface; 30 TAC §290.41(c)(1)(A)
by failing to locate the ground water well a minimum of 150 feet from a septic
tank drain field; 30 TAC §290.46(j)(3) by failing to have proper completed
customer service inspections on file; 30 TAC §290.46(p) by failing to
conduct annual inspection of the ground storage and pressure tanks and by
failing to retain the records for a minimum of five years; 30 TAC §290.46(m)
by failing to initiate a maintenance program for cleanliness of the plant
facilities; 30 TAC §290.41(c)(3)(P) by failing to provide an all weather
access road to the well site; 30 TAC §290.42(i) by failing to provide
certification of the hypochlorite solution from an organization accredited
by American National Standards Institute; and 30 TAC §290.45(b)(1)(C)
by failing to provide the Minimum Water System Capacity Requirements; PENALTY:
$10,313; STAFF ATTORNEY: Lisa Zintsmaster Hernandez, Litigation Division,
MC 175, (512) 239-0612; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(6)COMPANY: Pilgrim's Poultry, G.P.; DOCKET NUMBER: 1998-0453-AGR-E; TNRCC
ID NUMBER: 4032; LOCATION: Farm to Market Road 556, Camp County, Texas; TYPE
OF FACILITY: two caged egg layer operations; RULES VIOLATED: 30 TAC §321.33(d)
by failing to acquire a permit for the two caged egg layer operations; PENALTY:
$31,250; STAFF ATTORNEY: Tracy L. Harrison, Litigation Division, MC 175, (512)
239-1736; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903)
535-5100.
(7)COMPANY: Estate of Joe Berry Pyle and Ralph Watson; DOCKET NUMBER: 1998-
0337-MSW-E; ENFORCEMENT ID NUMBER: 12418; LOCATION: Marshall, Harrison County,
Texas; TYPE OF FACILITY: solid waste facility; RULE VIOLATED: 30 TAC §330.04(a)
by causing, suffering, allowing, or permitting the collection, storage, handling,
transportation, processing, removal, or disposal of municipal solid waste
upon their property without a TNRCC permit or other authorization, specifically,
the facility received municipal solid waste in the form of used building materials
deposited in a trench at the facility; PENALTY: $6,250; STAFF ATTORNEY: Laura
Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(8)COMPANY: Earl Scheib Paint and Body; DOCKET NUMBER: 1998-0383-AIR-E;
TNRCC ID NUMBER: EE-1473-M; LOCATION: 5001 Dyer Street, El Paso, El Paso County,
Texas; TYPE OF FACILITY: paint and body shop; RULES VIOLATED: 30 TAC §115.121
and the Texas Health and Safety Code (THSC), §382.085(b) by exceeding
the allowable emission limit for volatile organic compounds for the basecoat/clearcoat
systems; and 30 TAC §116.115(b), §106.436(9)(c), (12), and (16),
and THSC, §382.085(b) by failing to store solvents in closed containers,
installing a vent stack that is less than 50 feet from residences in the area,
and failing to maintain records relating to solvent and paint purchases and
material safety data sheets; PENALTY: $6,375; STAFF ATTORNEY: David Speaker,
Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 7500 Viscount
Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.
(9)COMPANY: West Carwash, LTD. and Mr. Jimmy Kim; DOCKET NUMBER: 1998-
0684-PST-E; TNRCC ID NUMBER: 50264; LOCATION: 9300 Westheimer, Houston, Harris
County, Texas; TYPE OF FACILITY: retail gasoline dispensing facility; RULES
VIOLATED: 30 TAC §115.245(1)(A) and THSC, §382.085(b) by failing
to conduct Stage II full compliance testing within 30 days of installation
of Stage II equipment; 30 TAC §115.248(1) and THSC, §382.085(b)
by failing to ensure that at least one representative received training and
instruction in the operation and maintenance of a Stage II vapor recovery
system; 30 TAC §115.242(3)(C)(iii) and (4) and THSC, §382.085(b)
by failing to maintain the Stage II vapor recovery system in proper operating
condition including repairing or replacing nozzle boots with a slit more than
one-inch in length and repairing or replacing product line hoses to ensure
no gasoline leaks exist anywhere in the dispensing equipment or Stage II vapor
recovery system; and 30 TAC §115.246(1), (3), (6), and (7)(A), and THSC, §382.085(b)
by failing to maintain a California Air Resources Board Executive Order on
premises, maintain a record of maintenance, maintain a record of Stage II
daily inspections, and maintain records at the facility to be made immediately
available for review; PENALTY: $5,850; STAFF ATTORNEY: Richard O'Connell,
Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: 5425 Polk Street,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-9902322
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 20, 1999
The Texas Natural Resource Conservation Commission (TNRCC or commission)
Staff is providing an opportunity for written public comment on the listed
Shutdown Orders. Texas Water Code (the Code), §26.3475 authorizes the
TNRCC to order the shutdown of any underground storage tank (UST) system found
to be noncompliant with release detection, spill and overfill prevention,
and/or, after December 22, 1998, cathodic protection regulations of the commission,
until such time as the owner/operator brings the UST system into compliance
with those regulations. The TNRCC staff proposes a shutdown order after the
owner or operator of a underground storage tank facility fails by to perform
required corrective actions within 30 days after receiving notice of the release
detection, spill and overfill prevention, and/or, after December 22, 1998,
cathodic protection violations documented at the facility. Pursuant to the
Code, §7.075, this notice of the proposed order and the opportunity to
comment is 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
May 30, l999
.
The TNRCC will consider any written comments received and the TNRCC may withdraw
or withhold approval of a Shutdown Order if a comment discloses facts or consideration
that indicate that the consent to the proposed Shutdown Order is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits
issued pursuant to the TNRCC's regulatory authority. Additional notice of
changes to a proposed Shutdown Order is not required to be published if those
changes are made in response to written comments.
Copies of each of the proposed Shutdown Orders is available for public
inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable
Regional Office listed as follows. Written comments about the Shutdown Order
should be sent to the attorney designated for the Shutdown Order at the TNRCC's
Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must
be
received by 5:00 p.m. on May 30, l999
. Written
comments may also be sent by facsimile machine to the attorney at (512) 239-3434.
The TNRCC attorneys are available to discuss the Shutdown Orders and/or the
comment procedure at the listed phone numbers; however, comments on the Shutdown
Orders should be submitted to the TNRCC in
writing
.
(1)FACILITY: Best Oil & Gas; OWNER: Petro-Mex, Incorporated; DOCKET
NUMBER: 1999-0216-PST-E; TNRCC ID NUMBER: 34084; LOCATION: 505 East Schunior,
Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: retail; RULES VIOLATED:
30 TAC §334.49(e) by failing to have appropriate corrosion protection
records for the UST system so that appropriate corrosion protection methods
could be determined; 30 TAC § 334.50(b)(2) by failing to monitor piping
in a manner designed to detect releases from any portion of the UST's piping
system; and 30 TAC §334.50(b)(1)(A) by failing to monitor USTs for releases
at a frequency of at least once every month, not to exceed 35 days between
each monitoring; PENALTY: shutdown order; STAFF ATTORNEY: Mary R. Risner,
Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(2)FACILITY: Smiley's; OWNER: Glen Lester Bonds; DOCKET NUMBER: 1999-0223-
PST-E; TNRCC ID NUMBER: 13441; LOCATION: 114th Street and Avenue P, Lubbock,
Lubbock County, Texas; TYPE OF FACILITY: retail gasoline service station with
USTs; RULES VIOLATED: 30 TAC §334.49(a) by failing to provide proper
corrosion protection for the UST systems at the facility; 30 TAC §334.50(a)(1)(A)
by failing to provide a proper release detection method capable of detecting
a release from any portion of the UST system which contains regulated substances
including the tanks, piping, and other ancillary equipment; and 30 TAC §334.51(b)(2)(B)
by failing to provide proper spill containment equipment for the UST systems
at the facility; PENALTY: shutdown order; STAFF ATTORNEY: Ali Abazari, Litigation
Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 4630 50th Street, Suite
600, Lubbock, Texas 79414-3520, (806) 796-7092.
(3)FACILITY: W.W. Grocery; OWNER: Benda Investments, Incorporated and Ali
Peajani; DOCKET NUMBER: 1999-0327-PST-E; TNRCC ID NUMBER: Facility Number
0030707; LOCATION: 300 North Main, Hutchins, Dallas County, Texas; TYPE OF
FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC
§334.50(a)(1)(A) by failing to provide proper release detection for the
pressurized piping associated with the UST systems; 30 TAC §334.51(b)(2)(C)
by failing to provide proper overfill prevention equipment for the UST systems;
and 30 TAC §334.49(a) by failing to provide proper corrosion protection
for the UST systems; PENALTY: shutdown order; STAFF ATTORNEY: Tracy Harrison,
Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas
Lane, Arlington, Texas 76010-6499, (817) 469-6750.
TRD-9902321
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 20, 1999
The following notices were issued during the period of April 12, 1999 through
April 19, 1999.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
at the address provided in the information section above,
within 30 Days of the Issue Date of the Notice.
AMBER TERMINAL, INC.
has applied for a renewal
of TNRCC Permit Number 00570, which authorizes the discharge of stormwater
runoff on an intermittent and flow variable rate via Outfall 001. Issuance
of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace
the existing NPDES Permit Number TX0000507 and TNRCC Permit Number 00570.
The applicant operates a petroleum product and/or an ammonium nitrate fertilizer
storage and shipping terminal. The plant site is located at the northwest
corner of the intersection of 28th Street (State Highway Business 183) and
North Sylvania Avenue in the City of Fort Worth, Tarrant County, Texas.
WEST TEXAS UTILITIES COMPANY
has applied
for a major amendment to TNRCC Permit Number 00997 to authorize: revision
of an effluent limitation for daily maximum temperature from an instantaneous
measurement to a flow weighted maximum daily temperature, removal of daily
average and daily maximum flow rate limitations, revision of the laboratory
test method required for the measurement of total residual chlorine applicable
to discharges via Outfall 001; to provide a credit for the intake of total
suspended solids in setting effluent limitations applicable to discharges
via Outfall 002; and to delete authorization of storm water Outfalls 003 and
004. The current permit authorizes the discharge of once through cooling water
at a daily average flow not to exceed 57,000,000 gallons via Outfall 001,
the discharge of low volume wastewater at a variable rate of discharge via
Outfall 002, and the discharge of storm water runoff on an intermittent and
flow variable basis via Outfalls 003 and 004. Issuance of this Texas Pollutant
Discharge Elimination System (TPDES) permit will replace the existing NPDES
Permit Number TX0001406 issued on July 13, 1983 and TNRCC Permit Number 00997
issued February 12, 1993. The applicant operates the Oak Creek Power Station.
The plant site is located adjacent to Oak Creek Reservoir approximately ten
miles north of the City of Bronte, Coke County, Texas.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
at the address provided in the information section above,
within 30 Days After Newspaper Publication of the Notice.
CITY OF GOREE
has applied for a renewal of
TNRCC Permit Number 10102 001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 55,000 gallons per day. The
plant site is located on the east side of U.S. Highway 277, approximately
1/2 mile east of the intersection of U.S. Highway 277 and State Highway 266
in Knox County, Texas.
CITY OF ARANSAS PASS
has applied for a major
amendment to TNRCC Permit Number 10521002 to add Outfall 002, which would
discharge treated wastewater at a daily average flow not to exceed 1,000 gallons
per day. Outfall 001 will authorize a discharge of treated wastewater at an
annual average flow not to exceed 1,600,000 gallons per day. The plant site
is located at the corner of Ransom Drive and Ocean Drive in the City of Aransas
Pass in San Patricio County, Texas.
CINCO MUNICIPAL UTILITY DISTRICT NUMBER 1
has applied for a renewal of TNRCC Permit Number 13558-001, which authorizes
the discharge of treated domestic wastewater at a daily average flow not to
exceed 1,690,000 gallons per day. The draft permit authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed 1,690,000
gallons per day. The plant site is located approximately 2.0 miles north and
3.25 miles east of the intersection of Farm to Market Road 723 and Farm to
Market Road 1093 in Fort Bend County, Texas.
THOUSAND TRAILS, INC.
, 2711 LBJ Freeway,
Suite 200, Dallas, Texas 75234, has applied for renewal of an existing wastewater
permit. The applicant has an existing National Pollutant Discharge Elimination
system (NPDES) Permit Number TX0086665 and an existing Texas Natural Resource
Conservation Commission (TNRCC) Permit Number 12349 001. The draft Permit
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 30,000 gallons per day. Issuance of the proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit Number 12349 001 will
replace the existing NPDES Permit Number TX0086665 issued on April 17, 1987,
and TNRCC Permit Number 12349001. The plant site is located approximately
3.1 miles west of the intersection of Farm to Market Road 830 and Interstate
Highway 45, 1.3 miles west southwest of the intersection of Farm to Market
830 and Old Willis-Montgomery Road and 1000 feet northwest of the intersection
of Old Willis Montgomery Road with the shoreline of Lake Conroe in Montgomery
County Texas. The treated effluent Is discharged to Lake Conroe in Segment
Number 1012 of the San Jacinto River Basin. The designated uses for Segment
Number 1012 are high aquatic life uses, public water supply and contact recreation.
TOSHIBA INTERNATIONAL CORPORATION
has applied
for a renewal of TNRCC Permit Number 03153, which authorizes the discharge
of treated sanitary wastewater and washwater at a daily average flow not to
exceed 50,000 gallons per day via Outfall 001, and once through cooling water
at a daily average flow not to exceed 50,000 gallons per day via Outfall 002.
Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit
will replace the existing National Pollutant Discharge Elimination System
(NPDES) Permit Number TX0074292 issued on January 29, 1988, and TNRCC Permit
Number 03153. The applicant operates a facility which manufactures electric
motors, inverters, and other electrical products. The plant site is located
at the southwest corner of the intersection of West Little York Drive and
Eldridge Parkway, in the extraterritorial jurisdiction of the City of Houston,
Harris County, Texas.
WEST TEXAS UTILITIES COMPANY
has applied
to the Texas Natural Resource Conservation Commission (TNRCC) for a major
amendment to TNRCC Permit Number 00963 to authorize the removal of biomonitoring
requirements at Outfall 001 and to use an alternative test method for total
residual chlorine analysis at Outfall 001. The current permit authorizes the
discharge of condenser cooling water at a daily average flow not to exceed
253,800,000 gallons per day via Outfall 001 which will remain the same; low
volume wastewater on an intermittent and flow variable basis via Outfall 002
which will remain the same; and stormwater on an intermittent and flow variable
basis via Outfalls 003, 004, and 005 which will remain the same. Issuance
of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace
the existing National Pollutant Discharge Elimination System (NPDES) Permit
Number TX0001392 issued on June 14, 1991, and TNRCC Permit Number 00963. The
applicant operates the Paint Creek Power Plant, a steam electric generating
station. The applicant has also requested a temporary variance to the existing
water quality standards for the water quality based criteria for aluminum
for Lake Stamford, in Segment Number 1235 of the Brazos River Basin. The plant
site is located approximately two miles south of the east end of FM Road 2082,
on the northeast side of Lake Stamford, Haskell County, Texas.
OTTO MARINE ENTERPRISE
, has applied to the
Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC
Permit Number 03448 which authorizes the discharge of barge cleaning and petroleum
contaminated wastes from offsite facilities and treated process stormwater
at daily average flow not to exceed 8,000 gallons per day via Outfall 001.
The applicant operates a facility that treats barge cleaning wastes and offsite
petroleum products. The plant site is located at 17818 Riverside Street, one-fourth
mile south of Interstate Highway 10 and one mile west of the intersection
of Interstate Highway 10 and Crosby-Lynchbury Road, Harris County, Texas.
OXID, L.P.
has applied to the Texas Natural
Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number
02102, which authorizes the discharge of storm water runoff on an intermittent
and flow variable basis via Outfall 001. Issuance of this Texas Pollutant
Discharge Elimination System (TPDES) permit will replace the existing National
Pollutant Discharge Elimination System (NPDES) Permit Number TX0075060 issued
on November 22, 1996, and TNRCC Permit Number 02102. The applicant operates
a plant which manufactures, distills, and blends glycols and glycol ethers.
The plant site is located at the southeast corner of the intersection of Loop
610 and the Houston Ship Channel, at 101 Concrete Street, in the City of Houston,
Harris County, Texas.
ELG METALS SOUTHERN, INC.
, 15135 Jacintoport
Boulevard, Houston, Texas 77015, has applied to the Texas Natural Resource
Conservation Commission (TNRCC) for a major amendment to TNRCC Permit Number
03324 to: substitute an effluent limitation for total organic carbon for the
existing effluent limitation for chemical oxygen demand; to increase the permitted
effluent limitations for oil and grease, total copper, total lead, total nickel,
and total zinc; and to alter the monitoring point applicable to discharges
via Outfall 001. The current permit authorizes the discharge of storm water
runoff on an intermittent and flow variable basis via Outfall 001 which will
remain the same. Issuance of this Texas Pollutant Discharge Elimination System
(TPDES) permit will replace NPDES Permit Number TX0106861 (unissued) and TNRCC
Permit Number 03324 issued on March 7, 1997. The applicant operates a scrap
metal reclaiming facility.
EXXON COMPANY USA
has applied to the Texas
Natural Resource Conservation Commission (TNRCC) for a major amendment to
TNRCC Permit Number 00592 to authorize an increase in the discharge of facility
wastewater from a daily average flow not to exceed 27,500,000 gallons per
day to a daily average flow not to exceed 30,000,000 gallons per day via Outfall
001; and to authorize an increase in mass limitations for biochemical oxygen
demand (five days), total suspended solids, oil and grease, total organic
carbon, phenolic compounds, ammonia (as N), sulfide, total chromium, and hexavalent
chromium at Outfall 001. The current permit authorizes the discharge of process
wastewater, storm water runoff, and groundwater at a daily average flow not
to exceed 27,500,000 gallons per day via Outfall 001; commingled storm water
runoff and process water on an intermittent and flow variable basis via Outfall
002 which will remain the same; and regenerate water from a demineralizer
plant at a daily average flow not to exceed 2,500,000 gallons per day via
Outfall 003 which will remain the same. Issuance of this Texas Pollutant Discharge
Elimination System (TPDES) permit will replace the existing National Pollutant
Discharge Elimination System (NPDES) Permit Number TX0006271 issued on January
23, 1998, and TNRCC Permit Number 00592. The applicant operates an integrated
petroleum refinery and organic chemical manufacturing facility, and receives
compatible wastes from an adjacent sulfuric acid manufacturing plant. The
plant site is located at 2800 Decker Drive, adjacent to the Houston Ship Channel,
in the City of Baytown, Harris County, Texas.
TRD-9902337
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 20, 1999
The following notices of application for an amendment to a Certificate
of Adjudication were issued on April 14, 1999.
The
City of Austin
, P.O. Box 1088, Austin,
Texas 78767 has applied to amend Certificate of Adjudication Number 14-5471,
as amended once. The certificate currently includes authorization for the
City to maintain a dam (Longhorn Dam) and reservoir (Town Lake) on the Colorado
River in Travis County approximately 1.4 miles southeast of the County Courthouse
in Austin, Texas and to divert, circulate and recirculate water from the perimeter
of the lake at an unspecified maximum rate for industrial (cooling) purposes.
This diversion authorization is without limitation as to amount, provided
that not more than 24,000 acre-feet of water per annum is consumed. The time
priority for the impoundment of water in Town Lake and use of water for industrial
(cooling) purposes from the lake is March 5, 1959. The applicant seeks to
amend Certificate Number 14-5471, as amended, by adding two downstream diversion
points that would allow the City the option of furnishing a portion of the
cooling water needed at the Fayette Power Project in Fayette County near La
Grange, Texas. The City of Austin and the Lower Colorado River Authority (LCRA)
are partners in the Fayette Power Project. One of the requested additional
diversion points is on the Colorado River and is the same point included in
LCRA's Certificate of Adjudication Number 14-5474, which allows diversion
of water from the river to LCRA's Cedar Creek Reservoir for industrial (cooling)
purposes at the Fayette Power Project. Cedar Creek Reservoir is on Cedar Creek,
a tributary to the Colorado River. The other diversion point included in the
City's application is from the perimeter of Cedar Creek Reservoir. The requested
diversion point on the river is described as being on the east bank of the
River in the J.M. Hensley Survey, Abstract Number 54. This point is essentially
at the Cedar Creek and Colorado River confluence and is approximately 120
river miles downstream of Longhorn Dam. No other changes are requested.
Martin J. Northern and wife, Lesbia E. Northern
, Route 1, Box 656-B, Wolfforth, Texas 79382, have applied to amend
Certificate of Adjudication Number 14-2471 which was issued to R.A. Hafner
on August 31, 1983. The certificate authorized owners, with a time priority
of August 15, 1961, the diversion and use of not to exceed 160 acre-feet of
water per annum from a four points on the on the Colorado River at a maximum
rate of 2.45 cfs (2600 gpm) to irrigate a maximum of 107 acres of land per
annum in Concho County, Texas. Pursuant to an Earnest Money Contract for the
Sale and Purchase of Water Rights dated July 22, 1998, Commission records
have been changed to indicate ownership of the certificate by Martin J. Northern
and wife, Lesbia E. Northern (applicants). Applicants seek to amend Certificate
Number 14-2471 by moving the authorized irrigation water rights and diversion
point approximately 11 miles downstream and changing the place of use to applicants'
land. The new diversion point will be located within Coleman County, Texas.
The water will be used to irrigate a maximum of 160 acres of land out of a
195.5 acre tract of land in Coleman County, Texas.
Written
public comments and requests
for
a public meeting should be submitted to the Office of Chief Clerk, at the
address provided in the information section below,
by May 4, 1999
. A public meeting is intended for the taking of public
comment, and is not a contested case hearing. A public meeting will be held
if the Executive Director determines that there is a significant degree of
public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed by May 4, 1999. The Executive Director can consider
approval of the application unless a written request for a contested case
hearing is filed by May 4, 1999.
To request a contested case 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) applicant's name
and permit number; (3) the statement "[I/we] request a contested case hearing;"
(4) a brief and specific description of how you would be affected by the application
in a way not common to the general public; and (5) the location and distance
of your property relative to the proposed activity. You may also submit any
proposed conditions to the requested amendment which would satisfy your concerns.
Requests for a contested case hearing must be submitted in writing to the
TNRCC Office of the Chief Clerk at the address provided in the information
section below. If a hearing request is filed, the Executive Director will
not issue the requested amendment and may forward the application and hearing
request to the TNRCC Commissioners for their consideration at a scheduled
Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103 at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1- (800) 687-4040. General information
regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-9902336
LaDonna Castanuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 20, 1999
Applications to Introduce New or Modified Rates or Terms Pursuant to Public Utility Commission Substantive Rule §23.25
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on April 13, 1999 to introduce new or modified rates or
terms pursuant to P.U.C. Substantive Rule §23.25,
Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies
(ILECs).
Tariff Title and Number: Southwestern Bell Telephone Company's Notification
to Institute a Single Rate Residence Optional Calling Plan for Residence Customers
Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20735.
The Application: Southwestern Bell Telephone Company (SWBT) has notified
the Public tility Commission of Texas that it is instituting the Single Rate
Residence Optional Calling Plan. This Long Distance Message Telecommunications
Service Optional Calling Plan (OCP) offers residence customers, for a monthly
charge of $4.95, unlimited intraLATA toll calling any time of the day at twelve
cents per minute. Customers who subscribe to THE WORKS or Basics can subscribe
to this same twelve cents per minute toll plan for only $1.95 per month. The
requested effective date of this tariff is May 15, 1999. SWBT has provided
notification of this OCP to the Local Service Providers (LSP's). The LSP's
will be provided the wholesale discount rate.
Persons who wish to intervene in this proceeding 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 by
May 13, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9902314
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 19, 1999
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on April 16, 1999 to introduce new or modified rates or
terms pursuant to P.U.C. Substantive Rule §23.25,
Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies
(ILECs).
Tariff Title and Number: Southwestern Bell Telephone Company to Institute
Promotional Rates for Business Customers Newly Subscribing to the Per Minute;
2-Hour or 5-Hour MaxiMizer
TM
800 Plans Between
May 16, 1999 and December 31, 1999 Pursuant to P.U.C. Substantive Rule §23.25.
Tariff Control Number 20754.
The Application: Southwestern Bell Telephone Company (SWBT) has notified
the Public tility Commission of Texas that it is instituting and extending
the present promotional rates for business customers newly subscribing to
the Per Minute; 2-Hour or 5-Hour MaxiMizer
TM
800 plans between May 16, 1999 and December 31, 1999. During the promotional
period, new six-month subscribers to the Per Minute MaxiMizer
TM
800 plan will receive a one-time credit of $15.00. New six-month
subscribers of the 2-Hour MaxiMizer
TM
800 plan
will receive a one-time credit of $30.00. New twelve-month subscribers to
the 5-Hour MaxiMizer
TM
800 plan will receive
a one-time credit of $60.00. SWBT has provided notification of this promotion
to the Local Service Providers (LSP's). The LSP's will be provided the wholesale
discount for these MaxiMizer
TM
800 promotions.
Persons who wish to intervene in this proceeding 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 by
May 13, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9902315
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 19, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on April 12, 1999, pursuant to Public
Utility Commission Substantive Rule §23.103 for approval of an intraLATA
equal access implementation plan.
Project Number: Application of U.S. Telephone Holding, Inc. doing business
as Sage Telecom for Approval of IntraLATA Equal Access Implementation Plan
Pursuant to Public Utility Commission Substantive Rule §23.103. Project
Number 19552.
The Application: U.S. Telephone Holding, Inc. doing business as Sage Telecom's
(Sage) intraLATA plan provides a proposal that, upon implementation, would
provide customers with the ability to route intraLATA toll calls automatically,
without the use of access codes, to the telecommunications services provider
of their designation. Sage provides local exchange service to end users in
the territory of Southwestern Bell Telephone Company (SWBT) utilizing unbundled
network elements leased from SWBT under a Service Provider Certificate of
Operating Authority (SPCOA). The commission has recently ordered SWBT to implement
intraLATA equal access by May 7, 1999. Sage states that it will provide intraLATA
equal access to its customers whenever those capabilities can be obtained
from SWBT.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the Public tility Commission Office of Customer Protection at (512)
936-7120 on or before May 7, 1999. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
comments should reference project number 19552.
TRD-9902206
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on April 12, 1999, pursuant to Public
Utility Commission Substantive Rule §23.103 for approval of an intraLATA
equal access implementation plan.
Project Number: Application of AT&T Communications of the Southwest,
Inc. for Approval of IntraLATA Equal Access Implementation Plan Pursuant to
Public Utility Commission Substantive Rule §23.103. Project Number 19710.
The Application: AT&T Communications of the Southwest, Inc.'s (AT&T)
intraLATA plan provides a proposal that, upon implementation, would provide
customers with the ability to route intraLATA toll calls automatically, without
the use of access codes, to the telecommunications services provider of their
designation. AT&T provides residential local exchange service to end users
in the territory of Southwestern Bell Telephone Company (SWBT) through resale
of local services. The commission has recently ordered SWBT to implement intraLATA
equal access by May 7, 1999. AT&T states that it will provide intraLATA
equal access to its customers at the time procedures to permit that capability
are implemented by SWBT.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the Public tility Commission Office of Customer Protection at (512)
936-7120 on or before May 7, 1999. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. All
comments should reference project number 19710.
TRD-9902207
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on April 12, 1999, pursuant to Public
Utility Commission Substantive Rule §23.103 for approval of an intraLATA
equal access implementation plan.
Project Title and Number: Application of Frontier Telemanagement, Inc.
for Approval of IntraLATA Equal Access Implementation Plan Pursuant to Public
Utility Commission Substantive Rule §23.103. Project Numbers 20127 and
20726.
The Application: Frontier Telemanagement, Inc.'s (Frontier) intraLATA plan
provides a proposal that, upon implementation, would provide customers with
the ability to route intraLATA toll calls automatically, without the use of
access codes, to the telecommunications services provider of their designation.
Frontier provides local exchange service to end users in the territory of
Southwestern Bell Telephone Company (SWBT) solely as a reseller under a Service
Provider Certificate of Operating Authority (SPCOA). The commission has recently
ordered SWBT to implement intraLATA equal access by May 7, 1999. Frontier
states that it will provide intraLATA equal access to its customers subject
to SWBT providing those capabilities to its resale customers.
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 on
or before May 7, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136. Please reference project
numbers 20127 and 20726.
TRD-9902208
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 13, 1999, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.154-54.159 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Advanced TelCom Group, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number 20734
before the Public Utility Commission of Texas.
Applicant intends to provide local exchange and long distance telecommunications
services; however, the services offered to residential customers are bundled
services, including higher speed Internet access services, not single wire-line
basic services and may not include all services offered to business customers.
The services the Applicant will provide include high speed digital services
such as ADSL, as well as intraLATA and interLATA long distance services, advanced
features, switched access services, premium services, and private line services.
Applicant's requested SPCOA geographic area includes the entire state of
Texas currently served by Southwestern Bell Telephone Company and GTE Southwest,
Inc.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 no
later than May 5, 1999. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-9902210
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on April 1, 1999, pursuant to Public
Utility Commission Substantive Rule §23.94 for approval to offer new
services.
Tariff Title and Number: Application of XIT Rural Telephone Cooperative,
Inc. for Approval to Offer New Services Pursuant to Public Utility Commission
Substantive Rule §23.94. Tariff Control Number 20692.
The Application: XIT Rural Telephone Cooperative, Inc. (XIT or the company)
seeks approval for the following optional new service offerings: Call Waiting
ID, Directory Assistance, and Directory Assistance Call Completion. The company
estimates the proposed new services will decrease the intrastate gross annual
revenues by $496. XIT proposes an effective date of July 1, 1999, for all
exchanges served by the company.
Subscribers of XIT have a right to petition the commission for review of
this application by filing a protest with the commission. The protest must
be signed by a minimum of 5.0%, or 70 affected local service customers, and
must be received by the commission no later than June 1, 1999.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the Public tility Commission Office of Customer Protection at (512)
936-7120 on or before June 1, 1999. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. Please
reference Tariff Control Number 20692.
TRD-9902196
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 14, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on April 12, 1999, pursuant to Public
Utility Commission Substantive Rule §23.94 for approval to offer new
services.
Tariff Title and Number: Application of Brazoria Telephone Company for
Approval to Offer New Services Pursuant to Public Utility Commission Substantive
Rule §23.94. Tariff Control Number 20732.
The Application: Brazoria Telephone Company (Brazoria or the company) seeks
approval for the following optional new service offerings: Call Waiting with
Cancel, Call Forwarding- Busy Line/Don't Answer, Call Forwarding with Remote
Access, Call Hold, Music on Hold, Distinctive Ringing, and Toll Denial with
PIN Code Override. In addition, with the exception of Toll Denial with PIN
Code Override, Brazoria is proposing to waive the nonrecurring installation
charges associated with a request for the new optional features during the
first 90 days after the new services are offered. The company estimates the
proposed new services will increase its intrastate gross annual revenues by
$98,366. Brazoria proposes an effective date of July 12, 1999, for all exchanges
served by the company.
Subscribers of Brazoria have a right to petition the commission for review
of this application by filing a protest with the commission. The protest must
be signed by a minimum of 5.0%, or 312 affected local service customers, and
must be received by the commission no later than May 31, 1999.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the Public tility Commission Office of Customer Protection at (512)
936-7120 on or before May 31, 1999. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. Please
reference Tariff Control Number 20732.
TRD-9902209
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
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 an addition to the existing PLEXAR-Custom service for LeTourneau, Inc.
in Longview, Texas.
Tariff Title and Number: Southwestern Bell Telephone Company's Notice of
Intent to File an Application for an Addition to the Existing PLEXAR-Custom
Service for LeTourneau, Inc. in Longview, Texas Pursuant to P.U.C. Substantive
Rule §23.27. Tariff Control Number 20744.
The Application: Southwestern Bell Telephone Company is requesting approval
of its application for an addition to the existing PLEXAR-Custom service for
LeTourneau, Inc. in Longview, Texas. PLEXAR-Custom service is a central office-based
PBX-type serving arrangement designed to meet the specific needs of customers
who have communication system requirements of 75 or more station lines. The
designated exchange for this service is the Longview exchange, and the geographic
market for this specific PLEXAR-Custom service is the Longview 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-9902313
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 19, 1999
On April 9, 1999, Southwestern Bell Telephone Company and Tech Telephone
Company, Ltd., collectively referred to as applicants, filed a joint application
for approval of an amendment to an existing interconnection agreement under
§252(i) of the federal Telecommunications Act of 1996, Public Law Number
104-104, 110 Statute 56, (codified as amended in scattered sections of 15
and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas
tilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The
joint application has been designated Docket Number 20725. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 13 copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
20725. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 12, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to Public Utility Commission Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20725.
TRD-9902212
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
On April 9, 1999, Southwestern Bell Telephone Company and AT&T Communications
of the Southwest, Inc., collectively referred to as applicants, filed a joint
application for approval of an amendment to an existing interconnection agreement
under §252(i) of the federal Telecommunications Act of 1996, Public Law
Number 104-104, 110 Statute 56, (codified as amended in scattered sections
of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act,
Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA).
The joint application has been designated Docket Number 20727. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 13 copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
20727. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 12, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to Public Utility Commission Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20727.
TRD-9902213
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
On April 9, 1999, Southwestern Bell Telephone Company, Teleport Communications
Houston, Inc., and TCG Dallas (collectively, TCG), collectively referred to
as applicants, filed a joint application for approval of an amendment to an
existing interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063
(Vernon 1998) (PURA). The joint application has been designated Docket Number
20728. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 13 copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
20728. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 12, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to Public Utility Commission Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20728.
TRD-9902214
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
On April 9, 1999, Southwestern Bell Telephone Company and NTS Communications,
Inc., collectively referred to as applicants, filed a joint application for
approval of an amendment to an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application
has been designated Docket Number 20729. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 13 copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
20729. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by May 12, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to P.U.C. Procedural Rule §22.202. The commission may
identify issues raised by the joint application and comments and establish
a schedule for addressing those issues, including the submission of evidence
by the applicants, if necessary, and briefing and oral argument. The commission
may conduct a public hearing. Interested persons who file comments are not
entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20729.
TRD-9902335
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 20, 1999
On April 7, 1999, Southwestern Bell Telephone Company and Valence Communications
Services, Ltd. , collectively referred to as applicants, filed a joint application
for approval of an existing interconnection agreement under §252(i) of
the federal Telecommunications Act of 1996, Public Law Number 104-104, 110
Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application
has been designated Docket Number 20717. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20717. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by noon, May 11,
1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to Public Utility Commission Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20717.
TRD-9902211
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 1999
Request for Proposal for 9-1-1 ANI/ALI Call Taker Equipment
The South East Texas Regional Planning Commission (SETRPC) is soliciting
proposals for 9-1-1 Public Safety Answering Point ANI/ALI call taker equipment
and controllers, installation, training and maintenance service for 12 agencies
within the South East Texas region.
Request for Proposal packages may be obtained by contacting Bob Dickinson,
9-1-1 Program Director, South East Texas Regional Planning Commission, 3501
Turtle Creek Drive, Suite 103, Port Arthur, TX 77642, (409) 724-1911. Packages
will not be faxed or emailed. A mandatory bidders conference will be held
at 2:00 p.m. CST May 10, 1999 at the SETRPC offices.
The proposals received will be reviewed by the SETRPC 9-1-1 Sub Committee
for contract award on the basis of:
(1) the Offeror's system proposed which will best satisfy the successful
development and implementation of an Enhanced 9-1-1 emergency communications
system
(2) firm's level of experience and financial stability
(3) price quoted for the system presented
(4) the firm's prior implementation performance, personnel experience,
training programs offered and service record with similar projects.
All proposals must be received in the offices of SETRPC no later than 12:00
noon, CST, June 8, 1999. Proposals received after the specific date and time
will not be considered. Contract award is scheduled for August 23, 1999.
TRD-9902340
Don Kelly
Executive Director
South East Texas Regional Planning Commission
Filed: April 20, 1999
Cancellation of Request for Proposals
The Texas Department of Transportation cancels the request for proposals
that appeared in the March 19, 1999 issue of the
Texas Register
(24 TexReg 2099), concerning the use of telecommunication
facilities from a telecommunication provider to provide a fiber-optic Intelligent
Transportation System (ITS) deployment for transmitting voice, video, and
computer data for monitoring and controlling of traffic flow.
TRD-9902324
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: April 15, 1999
Invitation to Applicants for Appointment to the Medical Advisory Committee
The Texas Workers' Compensation Commission invites all qualified individuals
and representatives of public health care facilities and other entities to
apply for openings on the Medical Advisory Committee in accordance with the
eligibility requirements of the new Standards and Procedures for the Medical
Advisory Committee. Each member must be knowledgeable and qualified regarding
work-related injuries and diseases.
The majority of these positions are filled, but the terms of the current
members will expire in August of 1999. Current members may be reappointed
or new members may be appointed.
Commissioners for the Texas Workers' Compensation appoint the Medical Advisory
Committee members, which is composed of 16 primary and 16 alternate members
representing health care providers, employees, employers and the public.
The purpose and tasks of the Medical Advisory Commission are outlined in
the Texas Workers' Compensation Act, 413.005, which includes advising the
Commission's Medical Review Division on the development and administration
of medical policies and guidelines.
The Medical Advisory Committee meets approximately once every six weeks.
Members are not reimbursed for travel, per diem, or other expenses associated
with Committee activities and meetings.
During a primary member's absence, an alternate member must attend meetings
for the Medical Advisory Committee, subcommittees, and work groups to which
the primary member is appointed. The alternate may attend all meetings and
shall fulfill the same responsibilities as primary members, as established
in the Standards and Procedures for the Medical Advisory Committee as adopted
by the Commission.
Medical Advisory Committee openings include:
Primary Members
Doctor of Medicine
Public Health Care Facility
Private Health Care Facility
Doctor of Osteopathy
Doctor of Chiropractic
Dentist
Pharmacist
Occupational Therapist
General Public Representative, Rep. 1
Alternate Members
Public Health Care Facility
Private Health Care Facility
Doctor of Osteopathy
Doctor of Chiropractic
Occupational Therapist
Dentist
Employee Representative
For an application, call Juanita Salinas at (512) 707-5888 or Ruth Richardson
at (512) 440-3518.
TRD-9902368
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 21, 1999
Notice of Available Funds
Notice of Available Funds for Fiscal Year 2000 for New or Established Apprenticeship
Training Programs Not Currently Receiving Funding from the Texas Workforce
Commission under the Texas Education Code, Chapter 133.
Filing Authority. The notice of available funds for apprenticeship training
programs is authorized under the Texas Education Code, Chapter 133.
Eligible Applicants. The Texas Workforce Commission is requesting preliminary
contact-hour estimates from public school districts and state postsecondary
institutions for related instruction (apprentice) classes for new or established
apprenticeship training programs not currently receiving funding from the
Texas Workforce Commission under Texas Education Code, Chapter 133.
Description. Funds will be available for Fiscal Year 2000 (September 1,
1999 - August 31, 2000) to fund programs or new occupations within a program
not currently receiving funding under the Texas Education Code, Chapter 133.
The purpose of the funds is to provide classroom instruction for related instruction
(apprentice) classes of registered apprenticeship training programs. The amount
of funding for Fiscal Year 2000 is unknown at this time and is contingent
upon appropriation by the state legislature. The Texas Workforce Commission
estimates that between $65,000 to $95,000 will be available for new apprenticeship
programs.
Qualifications for Funding. To qualify for funding: 1) each apprenticeship
training program or new occupation within a program must be certified and
registered by the Bureau of Apprenticeship and Training (BAT), U.S. Department
of Labor, no later than August 1, 1999; 2) each apprentice must be registered
with the BAT in Texas on or before September 1, 1999; 3) each apprentice must
be a full-time paid employee in the private sector in Texas; 4) the number
of related instruction hours per class must be certified by the BAT as verified
in the program standards of the apprenticeship program; 5) a public school
district or state postsecondary institution must act as fiscal agent for the
funds pursuant to a contract between the apprenticeship program sponsor and
the district or institution; 6) the related instruction (apprentice) class
must start in September 1999 and conduct its fourth class meeting no later
than October 2, 1999.
Dates of Program. Each class may not start before September 1, 1999, and
must end on or before August 31, 2000.
Planning Allocation of Funds. The statewide total number of estimated contact
hours that are submitted to the Texas Workforce Commission will be divided
into the amount of funds available to determine a preliminary contact-hour
rate, not to exceed $4.00 per contact hour. Planning allocations are made
to eligible applicants based on the number of estimated contact hours submitted
to the Texas Workforce Commission, multiplied by the preliminary contact-hour
rate.
Use of Funds. Funds are used to supplement the cost of instructor salaries,
instructional supplies, instructional equipment, other operating expenses,
and administration. No more than 15 percent may be used by the eligible applicants
for administrative purposes, such as supervisory and/or secretarial salaries,
office supplies, or travel.
Requesting the Forms to Submit Preliminary Estimated Contact Hours. A package
of information explaining the process for submitting preliminary contact-hour
estimates and the process for submitting an application may be obtained by
contacting the Apprenticeship Program at (512) 463-9767 or writing to the
Apprenticeship Program, Texas Workforce Commission, 101 East 15th Street,
Room 144T, Austin, Texas 78778-0001.
Further Information. For additional information please contact Diane Lamb,
Apprenticeship Coordinator, Texas Workforce Commission, at (512) 463-9767.
Deadline for Receipt of Preliminary Contact-Hour Estimates. The Texas Workforce
Commission, Apprenticeship Program, must receive preliminary contact-hour
estimates for Fiscal Year 2000 apprenticeship training programs no later than
5:00 p.m., Friday, May 28, 1999, to be considered for funding.
TRD-9902203
J. Randel Hill
General Counsel
Texas Workforce Commission
Filed: April 15, 1999
To All Persons Interested in the Proposed "Workforce
Investment Act Rules" Under Consideration by the Texas Workforce Commission
The Texas Workforce Commission (Commission) will conduct a
PUBLIC HEARING
at:
10:00 a.m. on
May 13, 1999
101 East 15th Street
Room 244
Austin, Texas 78778.
to receive comments from the public on rules proposed by the Commission
and published in the
Texas Register
on April
16, 1999 at 24 TexReg 3054. The proposed rules concern implementation of the
Workforce Investment Act.
Any person may appear and offer comments or statements either verbally
or in writing; however, questioning of commenters will be reserved exclusively
to the Commission or its staff as may be necessary to ensure a complete record.
While any person with relative comments or statements will be granted an opportunity
to present them during the course of the hearing, the Commission reserves
the right to restrict statements in terms of time or repetitive content. Persons
wishing to appear and offer comments at the hearing are encouraged to notify
the Commission in writing by May 10, 1999.
Copies of the proposed rules may be obtained from the April 16, 1999 issue
of the
Texas Register
or an electronic copy
is available on the Texas Workforce Commission website at: http://www.twc.state.tx.us/.
From this site, select the following links in this order: "About TWC," "TWC
Rules and Governing Statutes," "Proposed Rules," and "Sections 841.1-841.96."
You may also request a hard copy by calling Lela Dyson at (512) 936-3141 or
by writing to her at Texas Workforce Commission, 101 E. 15th Street, Room
434T, Austin, Texas 78778-0001, or by e-mailing her at lela.dyson@twc.state.tx.us/.
All questions, comments and notice of intent to appear should be addressed
to Ms. Dyson.
Persons with disabilities who plan to attend this hearing and who may need
auxiliary aids, services to special accommodations are requested to contact
Carolyn Calhoon at (512) 936-3501 at least two (2) working days prior to the
hearing.
TRD-9902204
J. Randel Hill
General Counsel
Texas Workforce Commission
Filed: April 15, 1999
Brazos Valley Workforce Development Board
Coastal Coordination Council
Office of Consumer Credit Commissioner
Court of Criminal Appeals
Texas Credit Union Department
Applications to Expand Field of Membership
Notice of Final Action Taken
Texas Department of Criminal Justice
State Board of Dental Examiners
Texas Department of Economic Development
Texas Education Agency
General Land Office
General Services Commission
Texas Department of Health
Notice for Public Comment for the Fiscal Year 2000 Title V Maternal and Child Health Grant Application and the Fiscal Year 2000-01 Genetics Resource Allocation Plan.
Notice of Request for Proposals for Case Management and/or Community/Family Resource Services for Children with Special Health Care Needs
Notice of Revocation of Certificates of Registration
Notice of Revocation of the Radioactive Material License of Construction Services
Texas Department of Housing and Community Affairs
Texas Department of Human Services
Texas Department of Insurance
Notice
Notices of Public Hearing
Texas Natural Resource Conservation Commission
Notice of Application to Appropriate Public Waters of the State of Texas
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on ShutDown Orders of Administrative Enforcement Actions
Notice of Water Quality Applications.
Notice of Water Right Application
Public Utility Commission of Texas
Notices of Applications for Approval of IntraLATA Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule §23.103
Notice of Application for Service Provider Certificate of Operating Authority
Notices of Applications Pursuant to Public Utility Commission Substantive Rule §23.94
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule §23.27
Public Notices of Amendments to Interconnection Agreement
Public Notice of Interconnection Agreement
South East Texas Regional Planning Commission
Texas Department of Transportation
Texas Workers' Compensation Commission
Texas Workforce Commission
Notice of Public Hearing