TITLE in-addition

Texas Department of Agriculture

Notices of Assessment Hearing

In accordance with the Texas Agriculture Code,§74.113, the Texas Department of Agriculture (the department) will hold a public hearing on Monday, February 22, 1999, to take public comment on the proposed assessment referenda to be conducted by the department in the Northern Rolling Plains Boll Weevil Eradication Zone. The hearing will be held beginning at 3:30 p.m., at the City of Childress Auditorium, 900 N. Commerce, Childress, Texas.

For more information, please contact Matt Brockman, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711, 512/463-7593.

TRD-9900866

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: February 10, 1999


In accordance with the Texas Agriculture Code,§74.113, the Texas Department of Agriculture (the department) will hold a public hearing on Thursday, February 25, 1999, to take public comment on the proposed assessment referenda to be conducted by the department in the El Paso/Trans-Pecos Boll Weevil Eradication Zone. The hearing will be held beginning at 3:00 p.m., at the Texas-New Mexico Power Building, 1126 Stafford Blvd., Pecos, Texas.

For more information, please contact Matt Brockman, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711, 512/463-7593.

TRD-9900868

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: February 10, 1999


Automobile Theft Prevention Authority

Request for Applications under the Automobile Theft Prevention Authority Fund

Notice of Invitation for Applications: The Automobile Theft Prevention Authority is soliciting applications for grants to be awarded for projects under the Automobile Theft Prevention Authority (ATPA) Fund. This grant cycle will be one year in duration, and will begin on September 1, 1999.

One or more of the following types of projects may be awarded, depending on the availability of funds:

Law Enforcement/Detection/Apprehension Projects, to establish motor vehicle theft enforcement teams and other detection/apprehension programs. Priority funding may be provided to state, county, precinct commissioner, general or home rule cities for enforcement programs in particular areas of the state where the problem is assessed as significant. Enforcement efforts covering multiple jurisdictional boundaries may receive priority for funding.

Prosecution/Adjudication/Conviction Projects, to provide for prosecutorial and judicial programs designed to assist with the prosecution of persons charged with motor vehicle theft offenses.

Prevention, Anti-Theft Devices and Automobile Registration Projects, to test experimental equipment which is considered to be designed for auto theft deterrence and registration of vehicles in the Texas Help End Auto Theft (H.E.A.T.) Program.

Reduction of the Sale of Stolen Vehicles or Parts Projects, to provide vehicle identification number labeling, including component part labeling and etching methods designed to deter the sale of stolen vehicles or parts.

Public Awareness and Crime Prevention/Education/Information Projects, to provide education and specialized training to law enforcement officers in auto theft prevention procedures, provide information linkages between state law enforcement agencies on auto theft crimes, and develop a public information and education program on theft prevention measures.

Eligible Applicants: State agencies, local general purpose units of government, independent school districts, nonprofit, and for profit organizations are eligible to apply for grants for automobile theft prevention assistance projects. Nonprofit and profit organizations shall be required to provide with their grant applications sufficient documentation to evaluate the credibility and the community support of the organization and the viability of the organization's existing activities in the context of providing automobile theft prevention assistance.

Contact Person: Detailed specifications, including selection process and schedule for workshops for applicants will be made available through ATPA. Contact Agustin De La Rosa, Jr., Director, Texas Automobile Theft Prevention Authority, 200 East Riverside Drive, Austin, Texas 78701, (512) 416-4600.

Application Workshops: March 31, 1999, Montgomery, Tx., 1:30 p.m.- 3:30 p.m., Del Lago Resort, 600 Del Lago Blvd., (409) 582-6100; April 6, 1999, Austin, Tx., 9:30 a.m. - 12:00 p.m., 200 East Riverside Drive, Room 102, (512) 416-4600.

Closing Date for Receipt of Applications: The original and five (5) copies of the proposal must be received by the Texas Automobile Theft Prevention Authority by 5 p.m., May 7, 1999, or postmarked by May 7, 1999. If mailed, applications must be marked "Personal and Confidential" and addressed to the contact person listed above. If delivered, please leave application with the contact person (or designee) at the address listed.

Selection Process: Applications will be rated according to the standard point system in the application kit by the ATPA director. Final grant awards will be made by the members of the Automobile Theft Prevention Authority. Final selection may depart from the standard rating. Grants will be awarded on or before September 1, 1999.

TRD-9900814

Agustin De La Rosa, Jr.

Director

Automobile Theft Prevention Authority

Filed: February 8, 1999


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of January 29, 1999, through February 5, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Village of Surfside Beach; Location: The project is located on the pedestrian beach, between Oyster and Jettyview Streets, on the Gulf of Mexico, Surfside Beach, Brazoria County, Texas. The site can be located on the U.S.G.S. Freeport Quadrangle; Project Number: 99-032-F1; Description of Proposed Action: The applicant proposes to place approximately 44,000 cubic yards of beach quality sand on the beach. Beach elevations will be raised approximately 4 feet on the landward side of the beach and graded down towards the water. The sand to be used was originally obtained from a bridge reconstruction project and has been temporarily stored on uplands near the site. Purpose of this beach renourishment project is to restore the beach to pre-erosion elevations and provide residents and tourists with a recreation beach area; Type of Application: U.S.A.C.E. permit application #21345 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Seagull Energy E&P, Inc.; Location: The project is located in the Freeport Anchorage Area, in Galveston Area, Block 331, offshore Texas, Gulf of Mexico; Project Number: 99-033-F1; Description of Proposed Action: The applicant proposes to extend the time to complete the work authorized by Permit 19600(01) and to transfer the permit from Apache Corporation to Seagull Energy E&P, Inc. The permit expired December 31, 1998. Authorized was the erection and maintenance of structures and the performance of work for drilling a single well for producing oil/gas. An extension of time to December 31, 2002, is sought. The applicant states that they will accept the permit with its terms and conditions; Type of Application: U.S.A.C.E. permit application #19600(02) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Michael Speights; Location: The project is located on Moses Lake, at the intersection of 29th Street North and Lake Pointe Drive, in Texas City, Galveston County, Texas. The USGS Quad reference map is Texas City, Texas; Project Number: 99-038-F1; Description of Proposed Action: This is an after-the-fact amendment to the original permit. Fill material, that was not permitted, was discharged into 1.4 acres of wetlands for the construction of Lake Pointe Drive. To compensate for the additional impacts the applicant will create an additional 1.5 acres of brackish water wetlands adjacent to an existing lake. An area around the lake will be scraped down so that natural wetland vegetation will grow along the northern side of the lake. The original mitigation included the creation of 4.0 acres of wetland swales, which as of September 1998 have greater than 50% vegetative cover and have exceeded 60% areal coverage; Type of Application: U.S.A.C.E. permit application #20650(10) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

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 within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at 512/475-0680.

TRD-9900845

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: February 9, 1999


Comptroller of Public Accounts

Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist the Comptroller in administering the daily investment activities of funds under the care, custody, and control of the Comptroller, excluding the Texas Tomorrow Fund. The Comptroller has identified investment consultant services as necessary to assist with the day-to-day investment activities of the agency, including furnishing related reports and services as set forth in the RFP. The successful proposer will be expected to begin performance of the contract on or about March 22, 1999, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 463-4924, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the above referenced address on Friday, February 19, 1999, between 4 p.m. and 5 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the above-referenced address prior to 4 p.m. (CZT) on Tuesday, March 2, 1999.

Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4 p.m. (CZT), on Friday, March 12, 1998. Proposals received after this time and date will not be considered.

Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection.

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

The anticipated schedule of events is as follows: Issuance of RFP - February 19, 1999, 4 p.m. (CZT); Mandatory Letter of Intent and Questions Due - March 2, 1999, 4 p.m. (CZT); Proposals Due - March 12, 1999, 4 p.m. (CZT); and Contract Execution - March 22, 1999, or soon thereafter as possible.

TRD-9900849

David R. Brown

Legal Counsel

Comptroller of Public Accounts

Filed: February 10, 1999


Texas Department of Criminal Justice

Notice to Bidders

The Texas Department of Criminal Justice invites bids for the replacement of soffitts on designated buildings at the Corsicana State Home in Corsicana, Texas, as further shown in the Contract Documents prepared by: ROFDW Architects, 703 McKinney Avenue, Suite 401, Dallas, Texas, 75202, phone: (214) 871-0616; Fax: (214) 954-0855.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

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

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

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any of all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $25 (twenty-five dollars, non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer: ROFDW Architects, 703 McKinney Avenue, Suite 401, Dallas, Texas, 75202; phone: (214) 871-0616; Fax: (214) 954-0855.

A Pre-Bid conference will be held on February 18, 1999, at 11:00 am in the Administration Building of the Corsicana State Home in Corsicana, Texas, followed by a site-visit. Bids will be publicly opened and read at 2:00 pm on March 11, 1999, in the Blue Room at the Facilities Division located in the warehouse building of the TDCJ Administrative Complex (former Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas. The owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 57.2% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-9900859

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: February 10, 1999


Texas Education Agency

Notice of Public Hearings on the Texas State Plan for Adult Education

The Texas Education Agency (TEA) Division of Adult and Community Education will hold hearings to receive public comment on the Texas State Plan for Adult Education via the Texas Education Telecommunications Network (TETN), a two-way, audio-video teleconferencing system. The teleconference hearings will be held on the following dates:

Thursday, February 25, 1999, 1:00 p.m. until 4:00 p.m.;

Wednesday, March 10, 1999, 1:00 p.m. until 4:00 p.m.; and

Thursday, March 18, 1999, 1:00 p.m. until 4:00 p.m.

Additional time will be scheduled from 4-5 p.m. at Education Service Center (ESC) sites where necessary if individuals are not able to testify during the teleconference.

TETN facilities are located at each ESC. Information regarding the ESCs may be accessed at www.tea.state.tx.us/ESC/ or by calling (512) 463-9294.

Comments will be received during the teleconferences on the plan components of needs assessment; description of allowable activities, including family literacy; performance indicators and annual evaluation; process and procedures for funding eligible providers; program strategies for various populations; integration with other adult education and training activities; direct and equitable access; programs for corrections and institutionalized; and state leadership activities.

Teleconference hearing participants must register with TEA at (512) 463-9294. Individuals planning to provide oral testimony must state so when registering. Each individual will be allowed three (3) minutes for testimony. A written copy of the testimony is required. Each local teleconference site will have a coordinator to assist with testimony. Testimony will be heard in the order that teleconference responses have been received.

Written comments provided in lieu of oral testimony should be sent by mail to Dr. Deborah Stedman, Division of Adult and Community Education, TEA, 1701 North Congress Avenue, Austin, Texas 78701; by FAX to (512) 475-3661; or by e-mail to dstedman@tmail.tea.state.tx.us.

Additional information may be obtained from Meg Brown or Dr. Deborah Stedman, Adult and Community Education, TEA, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9294.

TRD-9900858

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: February 10, 1999


State Board for Educator Certification

Request for Proposals Concerning Resources for Developing and Piloting a Performance Assessment for Novice Educators

Filing Authority. This Request for Proposals (RFP) #705-99-01.002 is filed under the Texas Education Code, Sections 21.041 and 21.048.

Eligible Proposers. The State Board for Educator Certification (SBEC) is requesting proposals from nonprofit organizations, institutions of higher education, private companies, individuals, regional education service centers, and other entities. Historically underutilized businesses (HUBs) and Texas vendors are encouraged to submit a proposal.

Description. This RFP provides for services relating to the development and piloting of a performance assessment for novice educators. Payments to Proposer for services conducted under this RFP will be paid entirely from fees collected by SBEC.

Dates of Contract. The contract period will be March 12, 1999 (anticipated) through June 30, 2000; at the discretion of the SBEC, the contract may be extended for one additional one-year period.

Selection Criteria. Proposer(s) will be selected based on the ability of the proposer to carry out all requirements contained in the RFP. The SBEC will base its selection on, among other things, demonstrated competence and qualifications of the proposer. The selection criteria and review process are specified in the RFP. The SBEC reserves the right to select from the highest ranking proposals the proposal that best addresses all requirements in the RFP.

Requesting the Proposal. A complete copy of RFP #705-99-01.002 may be obtained by sending a written request via fax to the SBEC at (512) 469-3018 or by mail to the SBEC at 1001 Trinity St., Austin, TX 78701. The request should include the RFP number as stated above. Persons may also come by the SBEC office at the 1001 Trinity St. (west wing of the Teacher Retirement System building) in Austin, Texas to obtain a copy of the RFP.

Deadline for Receipt of Proposals. A proposal must be received at the SBEC, 1001 Trinity St., Austin, Texas by 10:30 a.m., Friday, March 12, 1999, to be considered for funding.

Further Information. For additional information, contact Pamela B. Tackett, Executive Director, SBEC, at (512) 469-3000.

TRD-9900862

Pam Tackett

Executive Director

State Board for Educator Certification

Filed: February 10, 1999


Texas Department of Health

Notices of Request for Proposals for Medical Transportation Services for Medicaid-eligible Individuals to and from Allowable Medicaid Services

INTRODUCTION : The Texas Department of Health (department) requests proposals for medical transportation services for state fiscal year 2000. Proposals will be reviewed and contracts will be awarded on a competitive basis.

PURPOSE: The purpose of this program is to provide medical transportation services to Medicaid-eligible individuals who do not have any other means of transportation to and from an allowable Medicaid service. The department must ensure that transportation to and from Medicaid allowable medical services is available for all eligible clients in the state. The Medical Transportation Program (MTP) is responsible for providing necessary, non-emergency, ambulatory, and non-ambulatory transportation services in a manner that is:

(1) similar in scope and duration for all eligible clients;

(2) consistent with the best interests of clients;

(3) appropriate to available resources, the client's and medical facility's geographic location, and limitations of clients;

(4) reasonably prompt;

(5) safe;

(6) cost-effective; and

(7) administratively efficient.

ELIGIBLE APPLICANTS: Public and private agencies, organizations, boards, educational institutions, and county and municipal governments are eligible to apply.

AVAILABLE FUNDS: Medical transportation funds are provided by both federal and state sources. The amount of state funds allocated to the department is determined by the Texas Legislature. Funds are then allocated among the department's public health regions.

DEADLINE: Proposals prepared according to the instructions in the Request for Proposals (RFP) must be received by the appropriate regional contact person on or before May 3, 1999, 5:00 p.m. mountain standard time. No facsimiles or electronic documents or devices will be accepted.

EVALUATION AND AWARD CRITERIA: Each proposal will be screened for minimum eligibility and completeness. Proposals which are deemed ineligible or incomplete will not be reviewed. Proposals which arrive after the deadline will not be reviewed. Proposals will be evaluated based upon the following criteria:

(1) client services (hours/days of operation, trip scheduling, accessibility, special needs, and experience);

(2) administration (proposed unit rate(s), service description, communication, complaints and feedback procedures);

(3) vehicles (number per service area, number non-ambulatory per service area, location, condition of vehicles, communication equipment, child car seats, heater and air conditioner);

(4) drivers (number and location of drivers and training); and

(5) bonus points will be assigned for services above and beyond minimum requirements.

FOR A COPY OF THE REQUEST FOR PROPOSALS: The RFP will be available for release on February 22, 1999. To request a copy of the RFP, contact the Region 9/10 Medical Transportation Program Manager, Marta E. Saldana, in El Paso, Texas, Telephone (915) 774-6287.

TRD-9900805

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 8, 1999


INTRODUCTION: The Texas Department of Health (department) requests proposals for medical transportation services for state fiscal year 2000. Proposals will be reviewed and contracts will be awarded on a competitive basis.

PURPOSE: The purpose of this program is to provide medical transportation services to Medicaid-eligible individuals who do not have any other means of transportation to and from an allowable Medicaid service. The department must ensure that transportation to and from Medicaid allowable medical services is available for all eligible clients in the state. The Medical Transportation Program (MTP) is responsible for providing necessary, non-emergency, ambulatory, and non-ambulatory transportation services in a manner that is:

(1) similar in scope and duration for all eligible clients;

(2) consistent with the best interests of clients;

(3) appropriate to available resources, the client's and medical facility's geographic location, and limitations of clients;

(4) reasonably prompt;

(5) safe;

(6) cost-effective; and

(7) administratively efficient.

ELIGIBLE APPLICANTS: Public and private agencies, organizations, boards, educational institutions, and county and municipal governments are eligible to apply.

AVAILABLE FUNDS: Medical transportation funds are provided by both federal and state sources. The amount of state funds allocated to the department is determined by the Texas Legislature. Funds are then allocated among the department's public health regions.

DEADLINE: Proposals prepared according to the instructions in the Request for Proposals (RFP) must be received by the appropriate regional contact person on or before May 3, 1999, 5:00 p.m. central standard time. No facsimiles or electronic documents or devices will be accepted.

EVALUATION AND AWARD CRITERIA: Each proposal will be screened for minimum eligibility and completeness. Proposals which are deemed ineligible or incomplete will not be reviewed. Proposals which arrive after the deadline will not be reviewed. Proposals will be evaluated based upon the following criteria:

(1) client services (hours/days of operation, trip scheduling, accessibility, special needs, and experience);

(2) administration (proposed unit rate(s), service description, communication, complaints and feedback procedures);

(3) vehicles (number per service area, number non-ambulatory per service area, location, condition of vehicles, communication equipment, child car seats, heater and air conditioner);

(4) drivers (number and location of drivers and training); and

(5) bonus points will be assigned for services above and beyond minimum requirements.

FOR A COPY OF THE REQUEST FOR PROPOSALS (RFP): The RFP will be available for release on February 22, 1999. To request a copy of the RFP, contact the Region 3 Medical Transportation Manager, Barbara Columbus in Arlington, Texas, Telephone (817) 264- 4583.

TRD-9900863

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 10, 1999


Health and Human Services Commission

Request for Offers

Guardianship Alliance of Texas Request for Proposals: Local Volunteer Guardianship Grants

This notice announces the availability of grants for the establishment of local volunteer guardianship programs to be awarded by the Health and Human Services Commission (HHSC) with the advice and assistance of the Guardianship Alliance of Texas.

The purpose of this Request for Proposals (RFP) is twofold. The first purpose is to solicit proposals for new local volunteer guardianship programs that will recruit and train volunteers to accept appointments as guardians for incapacitated persons who do not have family members who are willing or able to be appointed as guardians. The second purpose is to solicit proposals from existing guardianship programs that will expand to serve additional counties or to serve additional populations of incapacitated persons.

A review panel appointed by HHSC will recommend selection of at least four sites for award. Previous recipients of local volunteer guardianship grants are not prohibited from applying for a grant awarded under this RFP. However, the review panel will score the proposals on demonstrated need (with preference and additional points given if there is no existing local guardianship program in the county), comprehensive proposals, creative collaborative efforts, professional expertise and continued viability. HHSC reserves the right to withdraw the RFP, to make fewer than four awards, or to reject all proposals and make no award of grants if there is a failure of funding for the grants or if proposals do not adequately ensure achievement of the goals and objectives of the RFP.

Applications must be received by HHSC, Guardianship Alliance of Texas, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, no later than 5:00 p.m., Central Time, April 20, 1999. Applications submitted after the deadline will not be considered. The proposal must be typewritten and not exceed 20 single-sided, 8.5 by 11 pages. An original and three copies (total of four copies) are also required when submitting an application.

Interested persons may contact the Guardianship Alliance of Texas for a copy of the RFP. All questions relating to the RFP must to be submitted in writing to the Director of the Guardianship Alliance of Texas by 5:00 p.m., Central Time, on April 5, 1999. Questions pertaining to the RFP will be answered on or before April 9, 1999.

Contact Information: Steven D. Fields Director, Guardianship Alliance of Texas, Texas Health and Human Services Commission, 4900 North Lamar, Boulevard, 4th Floor, Austin, Texas 78751, Phone: (512) 424-6599 Fax: (512) 424-6588, e-mail: steven_f@hhsc.state.tx.us

TRD-9900864

Marina S. Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: February 10, 1999


Texas Department of Housing and Community Affairs

Notice of Public Hearing and Notice of Cancellation of Prior Public Hearing

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MULTIFAMILY HOUSING REVENUE BONDS (THE TREYMORE ON DUCK CREEK APARTMENTS) SERIES 1999

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at The Audubon Recreation Center, 342 Oates Drive, Garland, Texas, at 6:00 p.m. on March 4, 1999, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in the aggregate principal amount not to exceed $10,500,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Department. The proceeds of the Bonds will be loaned to Carleton-Duck Creek, Ltd. (or a related person or affiliate thereof) (the "Borrower"), to finance a portion of the acquisition, construction and equipping of a multifamily housing development (the "Development") described as follows: 240 unit multifamily residential rental development to be constructed on a tract of land located in the 6200 block of Duck Creek Blvd., Garland, Texas 75043. The Development will be owned and operated by Carleton-Duck Creek, Ltd. The Development will be managed by Lincoln Property Company.

On January 20, 1999, the Department issued a Notice of Public Hearing regarding this Development stating that the hearing would be held at Ridgewood Branch Library (the "Original Hearing"). PLEASE NOTE THAT THE ORIGINAL HEARING HAS BEEN CANCELLED. In an effort to accommodate more members of the public, the hearing has been reset as described in this notice.

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

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

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

http://www.tdhca.state.tx.us/hf.htm

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

TRD-9900819

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 9, 1999


Texas Department of Insurance

Insurer Services

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

Application to change the name of ITT HARTFORD INTERNAITONAL LIFE REASSURANCE CORPORATION to HARTFORD INTERNATIONAL LIFE REASSURANCE CORPORATION, a foreign life company. The home office is in Hartford, Connecticut.

Application for incorporation in Texas of BEACON LLOYDS INSURANCE COMPANY, a domestic Lloyds company. The home office is in Wichita Falls, Texas.

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

TRD-9900778

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 5, 1999


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by the Greenwich Insurance Company proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate of -81% below the benchmark for Comprehensive and -79% below the benchmark for Collision for only class code 9620; and benchmark for Liability, Medical Payments, Uninsured/Underinsured Motorists and Personal Injury Protection coverage for private passenger automobile insurance

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

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

TRD-9900779

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 5, 1999


Lamar University System

Award of Contract for Consulting Services

This notice of award for consulting services is filed under the provisions of Texas Civil Statutes, Article 6252,11c.

Lamar University of Beaumont, Texas, under the direction of The Texas State University System Board of Regents, has awarded a contract for services of an independent third party to conduct a comprehensive compensation study for non-faculty positions excluding senior management.

The Request For Proposals was published in the October 2, 1998 edition of the Texas Register , 40th Volume, page 16.

The work will address the essential components of a total compensation program. This project will include development of a compensation philosophy; review of the current position classification system and compensation program; writing job descriptions that integrate ADA and other EEO requirements; development and implementation of a job evaluation system; developing a method of ranking/classifying positions; conducting salary surveys, development of guidelines for reclassification of positions; establishing a pay plan; and developing a method of implementing and maintaining the new system.

A contract of $75,000 was awarded to Public Sector Personnel Consultants (PSPC). PSPC is located at 4330 N. Civic Center Plaza, Suite 202, Scottsdale, AZ 85251-3530. Work will begin on February 1, 1999 and is scheduled for completion by the end of May 1999.

TRD-9900820

Dr. William R. Johnson

Interim President

Lamar University System

Filed: February 9, 1999


Texas Natural Resource Conservation Commission

Correction of Error

The Texas Natural Resource Conservation Commission submitted proposed amendment for 30 TAC §§70.2, 70.5, 70.7-701.11, 70.51, 70.11, 70.12, and 70.104-70.106, published in the January 29, 1999, issue of the Texas Register (24 TexReg 498).

On page 501, parts of the first and second sentences were not underlined to indicate new language.

The proposed §70.10(c) should have been published as follows:

“(c) When an agreement is reached, the executive director shall publish the proposed agreed order in the Texas Register for public comment not later than the 30th day before the date on which the public comment period closes, under Texas Water Code, §7.075. Once the proposed agreed order is published, the executive director shall file the agreed order with the chief clerk so that all timely public comments will be received by the executive director before the commission meeting on which the item is set. The chief clerk shall then schedule the agreed order for consideration during a commission meeting under Chapter 10 of this title (relating to Commission Meetings). If the enforcement action is under the jurisdiction of SOAH, the judge shall remand the action to the executive director who will file the agreed order with the chief clerk for commission consideration. The judge is not required to prepare a proposal for decision or memorandum regarding the settlement.


Extension of Comment Period (Chapter 70)

In the January 29, 1999, issue of the Texas Register (24 TexReg 498), the Texas Natural Resource Conservation Commission (commission) published proposed amendments to 30 TAC §§70.2, 70.5, 70.7-70.11, 70.51, 70.101, 70.102, and 70.104-70.106, concerning Enforcement. The preamble to the proposed amendments stated that a public hearing regarding the proposal would be held March 1, 1999, and that the commission must receive all written comments by 5:00 p.m., March 1, 1999. However, in the published proposed version of §70.10(c) (24 TexReg 501), part of the language which the commission intended to propose as new was not underlined. The commission has published a correction in this issue of the Texas Register to correctly identify the new language. Therefore, the commission has extended the deadline for receipt of written comments to 5:00 p.m., March 22, 1999.

Comments may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98053-070-AD. For further information, please contact Brian Christian, Intergovernmental Relations, (512) 239-1760.

TRD-9900787

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 8, 1999


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or Commission) Staff is providing an opportunity for written public comment on the listed 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, §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 March 21, 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 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 received by 5:00 p.m. on March 21, 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 Default Order and/or the comment procedure at the listed phone number; however, comments on the Default Order should be submitted to the TNRCC in writing .

(1)COMPANY: Mohammed A. Swati, Aftab Mohammed Sultan, and Ricky Davis dba Super Stop Carwash NUMBER 1; DOCKET NUMBER: 98-0247-MWD-E; ENFORCEMENT ID NUMBER: 12475; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: carwash operation and associated property; RULES VIOLATED: Texas Water Code, §26.121 Swati, Sultan, and Davis discharged wastewater from the Facility into or adjacent to any water in the state without authorization from the Commission; PENALTY: $15,625; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(2)COMPANY: Gary Hardin; DOCKET NUMBER: 1996-1871-LLI-E; TNRCC ID NUMBER: LI0005581; LOCATION: 1602 Ida Street, Arlington, Tarrant County; TYPE OF FACILITY: licensed irrigator; RULES VIOLATED: 30 TAC §334.308(a) by failing to install sprinkler spray heads in accordance with the manufacturers specifications; 30 TAC §334.308(e) by failing to install irrigation piping at the proper depth of coverage in accordance with the manufacturers specifications; 30 TAC §34.308(f) by failing to install wiring for the irrigation system with the required connections and waterproofing; PENALTY: $1250; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 523-4706; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas, 76010-4795, (817) 469-6750.

(3)COMPANY: Reinaldo Turcios dba Rambo Tires; DOCKET NUMBER: 98-0567-AIR-E; ENFORCEMENT ID NUMBER. 12357; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: automotive state inspection station; RULE VIOLATED; 30 TAC §114.50(a)(1) and Texas Health and Safety Code, §382.085(b) by issuing three motor vehicle inspection certificates without conducting all emission tests; PENALTY: $1,875; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499.

(4)COMPANY: Ronald Spruiell; DOCKET NUMBER: 98-0205-OSI-E; NONE; ENFORCEMENT ID NUMBER: 12211; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: on-site sewage facility installer; RULE VIOLATED; Texas Health and Safety Code, §366.051(c) by altering the "On-site Sewage Facility" without proof of a permit and approved plan from the Commission or authorized agent; Texas Health and Safety Code, §366.054 by altering the On-site Sewage Facility without notifying the Commission or authorized agent of the date on which Respondent planned to begin work on the system; Texas Health and Safety Code, §366.071, 30 TAC §285.50(b) by altering the On-site Sewage Facility without being registered as an On-site Sewage Facility installer with the TNRCC; PENALTY: $1,000; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486.

TRD-9900860

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 10, 1999


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

The Texas Natural Resource Conservation Commission (TNRCC or Commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water 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 March 21, 1999 . 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 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 March 21, 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 number; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1)COMPANY: Ekalb Swine Breeders, Incorporated; DOCKET NUMBER: 98-0396-AGR-E; TNRCC ID NUMBER: 02252; ENFORCEMENT ID NUMBER: 12429; LOCATION: two miles south of the intersection of SH 114 and FM 2378, Hockley County, Texas; TYPE OF FACILITY: animal feeding operation; RULE VIOLATED: 30 TAC §305.125 and Water Quality Permit Number 02252, Permit Condition 4(c) by failing to apply for renewal of Water Quality Permit Number 02252. The permit expired on January 14, 1998, no permit renewal application was submitted, and the facility continued to operate without a permit, as documented during an inspection conducted on January 21, 1998; PENALTY: $1,250; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010.

(2)COMPANY: Elf Atochem North America Incorporated; DOCKET NUMBER 98-1169-IHW- E; TNRCC ID NUMBER: SWR NUMBER: 31695/WQP 01393; LOCATION: 201 West Dodge Street, Bryan, Brazos County, Texas; TYPE OF FACILITY: formerly manufactured arsenic acid and formulated herbicides, fungicides and insecticides; RULES VIOLATED: this Amended Agreed Order modifies the 1992 Commission Order and does not allege any new violations; PENALTY: none; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(3)COMPANY: Engineered Carbons Incorporated; DOCKET NUMBER: 1997-0687-AIR-E; TNRCC NUMBER: HG-0412-M; LOCATION: 9300 Needlepoint Road, Baytown, Harris County, Texas; TYPE OF FACILITY: carbon black plant; RULES VIOLATED: 30 TAC §116.115(a); and Texas Health and Safety Code, §382.085(b) by failing to comply with the pounds per hour maximum allowable emission rates for H2 S, carbon monoxide, and volatile organic compounds (VOCs); 30 TAC §116.115(a); Texas Health and Safety Code, §382.085(b) by improperly venting waste gas to the atmosphere; PENALTY: $140,000; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: Houston Regional Office, MC R-12, 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486.

(4)COMPANY: Environmental Management Services of Texas, Incorporated; DOCKET NUMBER: 98-0705-IHW-E; TNRCC ID NUMBER: 85009; ENFORCEMENT ID NUMBER 12593; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: industrial and hazardous waste facility RULE VIOLATED: 30 TAC §335.94(a), and §335.2 and §335.2(d)(5); and 40 Code of Federal Regulations §263.12 and §270.1 by storing hazardous and nonhazardous waste at the Facility in excess of ten days as documented during an inspection conducted on March 13, 1998 through March 17, 1998; 30 TAC §335.94(a)(6) and 40 Code of Federal Regulations §265.176 by failing to store ignitable hazardous waste at a minimum of 50 feet from the property line as documented during an inspection conducted on March 13, 1998 through March 17, 1998; PENALTY: $12,500; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239- 6224; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633.

(5)COMPANY: Miracle Candle Company; DOCKET NUMBER: 98-0625-IHW-E; TNRCC ID NUMBER: 39390; ENFORCEMENT ID NUMBER: 1646; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: industrial manufacturing facility; RULE VIOLATED; 30 TAC §335.9(a)(2) by failing to timely submit complete and accurate Annual Waste Summary reports; 30 TAC §335.6(b) by failing to update the facility's Notice of Registration to reflect a change in the location of the container storage area; 30 TAC §335(10)(b) by failing to maintain complete and accurate hazardous waste manifests; and; 30 TAC §335.69(f)(4) by failing to enter into an agreement with an emergency response contractor and/or equipment supplier; PENALTY: $2,300; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 1403 Seymour, Suite 2 and 3, Laredo, Texas 78042-0902.

(6)COMPANY: Herbert Morrell, dba Doucette Water System; DOCKET NUMBER: 97-1059- PWS-E; ENFORCEMENT ID NUMBER: 11835; TNRCC ID NUMBER: 2290004; LOCATION: Highway 69 North, in Boucette, Tyler County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.46(s) by failing to issue a boil water notice during the time period when distribution pressure was below 20 pounds per square inch; 30 TAC §290.46(u) by failing to provide an operating pressure of 35 pounds per square inch throughout the distribution system; 30 TAC §290.106(a)(1) by failing to prepare a plan showing the sites at which samples for bacteriological analysis will be collected; 30 TAC §290.46(d)(1) by failing to complete monthly reports of water works operation with operator signature and date; 30 TAC §290.46(n) by failing to maintain an up-to-date map of the distribution system; 30 TAC §290.46(w) by failing to post a legible sign at each of his facilities which provides the name of the water supply and an emergency telephone number where a responsible person can be contacted; 30 TAC §290.42(i) by failing to use treatment chemicals and media which conform to American National Standards Institute/National Sanitation Foundation Standard 60 for direct additives and Standard 61 for indirect additives; 30 TAC §290.46(t) by failing to maintain all storage facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.43(c) by failing to provide a ground storage tank in compliance with American Water Works Association and Commission standards; 30 TAC §290.46(p) by failing to inspect ground storage and pressure tanks on an annual basis and maintain records of these inspections; 30 TAC §290.46(j) by failing to complete a customer service inspection certification prior to providing continuous service; 30 TAC §290.42(e)(2) by failing to provide disinfection of all water with the point of application prior to storage; 30 TAC §290.42(e)(8) by failing to completely cover the hypochlorinator solution container; 30 TAC §290.46(f)(2)(B) by failing to test the disinfectant residual at representative locations in the distribution system at least once a week and maintain a record of the results; 30 TAC §290.45(b)(1)(C)(i) by failing to provide a well capacity of 0.6 gallons per minute per connection; 30 TAC §290.45(b)(1)(C)(iii) by failing to provide two or more service pumps with a total capacity of 2.0 gallons per minute per connection; 30 TAC §290.46(x) by failing to plug abandoned wells; 30 TAC §290.41(c)(3)(K) by failing to seal the well head and provide a casing vent to minimize the drawing of contaminants into the well; 30 TAC §290.41(c)(3)(N) by failing to provide the well with a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC §290.41(c)(1)(F) by failing to protect the system's facilities by establishing a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open-jointed drain fields within a 150-foot radius of each well; 30 TAC §290.43(d)(3) by failing to equip air injection lines with filters to prevent compressor lubricants from entering the pressure tank; 30 TAC §290.43(d)(1) by failing to provide an ASME rated pressure tank; 30 TAC §290.43(c)(8) by failing to maintain the exterior coating of the storage tank; PENALTY: $5,580; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898- 3838.

(7)COMPANY: Eric and George Myers dba Mockingbird Mobile Home Park; DOCKET NUMBER: 97-1086-PWS-E; ENFORCEMENT ID NUMBER: 6607; LOCATION: San Marcos, Hays County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.46(e) by failing to operate the Facility under the direct supervision of a certified water works operator; 30 TAC §290.41(c)(1)(F) by failing to secure a sanitary control easement for each well covering that portion of the land within 150 feet of the well location and record in the deed records at the county courthouse; 30 TAC §290.41(c)(3)(K) by failing to have a well head sealed by a gasket or sealing compound and properly vented to prevent the possibility of contaminating the well water and failing to have the entrance for electrical cables properly sealed; 30 TAC §290.46(f)(1)(A) and (2) by failing to maintain mechanical disinfection facilities capable of maintaining an acceptable disinfectant residual chlorine residual of 0.2mg/l and failing to maintain a chlorine residual log; 30 TAC §290.44(a)(4) by failing to locate water transmission and distribution lines below the frost line and more than 24 inches below ground surface; 30 TAC §290.106(a)(1) and (2) by failing to collect and submit routine bacteriological samples at active service connections, which are representative of water throughout the distribution system according to the Facility's written Sample Siting Plan; PENALTY: $2,313; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 338-2929.

(8)COMPANY: Leon C. Neil; DOCKET NUMBER: 97-0941-PST-E; TNRCC ID NUMBER: 11802; LOCATION: 2814 Main Street, Ingleside, San Patricio County, Texas; TYPE OF FACILITY: two out-of-service underground storage tanks; RULES VIOLATED: 30 TAC §334.54(b) by failing to assure that all vent lines are kept open and functioning and that all piping, pumps, manways, and ancillary equipment are capped, plugged, locked, and/or otherwise secured to prevent access, tampering, or vandalism by unauthorized persons; 30 TAC §334.54(d)(l)(B) by failing to properly upgrade or permanently remove from service underground storage tanks which have been temporarily out-of-service for longer than 12 months; 30 TAC §334.22(a) by failing to pay annual facility fees for the underground storage tanks located at the Facility; PENALTY: $8,000; STAFF ATTORNEY: Cecily Small Gooch, Litigation Division, MC R-4, (817) 469-6750; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100.

(9)COMPANY: SFM Management Corporation aka SFM Management aka Wilma Hess dba SFM Management Co.; DOCKET NUMBER: 98-0217-MWD-E; TNRCC ID NUMBER: 12869-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: Texas Water Code, §26.121 and 30 TAC §305.125(2) by failing to apply for an amendment or renewal before the expiration of then existing TNRCC Water Quality Permit Number 12869-001 by failing continuing to operate the Facility after the expiration of the permit as documented during a TNRCC inspection conducted on November 6, 1997; PENALTY: $3,000; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Inehill-Chapman Water Supply Corporation; DOCKET NUMBER: 97-1159- PWS-E; TNRCC ID NUMBER 0007; ENFORCEMENT ID NUMBER: 12044; LOCATION: Henderson, Rusk County, Texas; TYPE OF FACILITY: public drinking water facility; RULE VIOLATED; 30 TAC §290.44(d) and §290.46(u) by failing to maintain a minimum pressure of 35 psi at all points within the distribution network; 30 TAC §290.44(d)(6) by failing to provide adequate flush valves on the dead end mains in the distribution system; 30 TAC §290.45(b)(1)(C)(i) by failing to provide a well capacity of 0.6 gallons per minute per connection; 30 TAC §290.46(d) by failing to have properly compiled monthly reports of water works operations on file; 30 TAC §290.46(f)(1)(A) by failing to maintain a free chlorine residual of 0.2 mg/l in the far reaches of the distribution system at all times; 30 TAC §290.46(j)(3) by failing to have properly completed customer service inspections on file at the Facility; 30 TAC §290.46(p)(1) and §290.46(p)(2) by failing to conduct annual inspection of ground storage and pressure tanks; PENALTY: $3,500; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas, 75701.

(11) COMPANY: Star Enterprise; DOCKET NUMBER: 1998-1346-AIR-E; TNRCC NUMBER: JE-0095-D; LOCATION: 2100 Houston Avenue, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §115.112(a)(2)(B); and Texas Health and Safety Code (the Act), §382.085(b) by failing to keep the automatic bleeder vents, also known as the vacuum breaker vents, closed at all times except when the tank roof is being floated off or landed on the roof legs; 30 TAC §101.20(2) and §115.132(a)(1); 40 Code of Federal Regulations §61.347(a)(1)(i)(A) and (B); and the Act, §382.085(b) by failing to maintain a vapor tight seal and latch coverings on the North and South API oil-water separators; 30 TAC §115.352(2) and §116.115(a); TNRCC Permit Number 8404, Special Condition 10(F); 40 Code of Federal Regulations §60.482-2 and §60.482-7; and the Act, §382.085(b) by failing to make a first attempt at repair on 81 valves and other components within five calendar days after first discovering the leaks, and by failing to re-monitor 14 of the components within four days of the first attempt at repair; 30 TAC §115.352(4) and §116.115(a); TNRCC Permit Number 8404, Special Condition Number 10(E); and the Act, §382.085(b) by failing to plug or cap three open-ended lines, specifically line numbers 008063, 117996, and 007651 at the 27 Pump House area; 30 TAC §115.352(2) and §116.115(a); TNRCC Permit Number 8404, Special Condition Numbers 10(R) and 11(I); 40 Code of Federal Regulations §60.482-2; and the Act, §382.085(b) by failing to repair within 15 days: leaking valve number 4430 at the DCU; Pump Number 6164 (Tag Number 52549) in the vacuum pump unit; and Pump Number 9323 (Tag Number 022439) in the fluid catalytic cracking unit; 30 TAC §116.115(a); TNRCC Permit Number 8404, Special Condition Number I-5; and the Act, §382.085(b) by failing to document that the caustic scrubber solution was replaced when the caustic concentration level dropped to 1.0% or below, and by failing to record daily sampling; and; 30 TAC §116.115(a); TNRCC Permit Number 8404, Special Condition Number III-9; and the Act, §382.085(b) by failing to maintain the moisture level of the coke at the DCO unit at 8.0% or greater; PENALTY: $147,420; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: Beaumont Regional Office, MC R-10, 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-9900861

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 10, 1999


Texas Parks and Wildlife Department

Gulf States Marine Fisheries Council Meeting

The Gulf States Marine Fisheries Commission will hold its 49th Annual Spring Meeting March 15-18, 1999. Louisiana is the host state and arrangements have been made to convene at the Le Pavillon Hotel, Poydras at Baronne, New Orleans, Louisiana, (504) 581-3111 or (800) 535-9095.

All persons interested in the Gulf States Marine Fisheries Commission are invited to attend. For additional information please call Virginia K. Herring at (601) 875-5912.

TRD-9900749

Gene McCarty

Regulatory Coordinator

Texas Parks and Wildlife Department

Filed: February 3, 1999


Notice of Availability and Request for Comments on a Proposed Settlement Agreement

AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Natural Resource Conservation Commission (TNRCC) and the Texas General Land Office (GLO) (hereafter, Natural Resource Trustees).

ACTION: Notice of availability of a proposed Settlement Agreement and of a 30 day period for public comment on the Agreement.

SUMMARY: Notice is hereby given that the Natural Resource Trustees propose a Settlement Agreement to compensate for injuries to estuarine natural resources resulting from the May 5, 1994 fuel oil spill into the Texas City Ship Channel from the M/V BOW SUN. The proposed Agreement provides for the responsible party to pay $25,000 to the Natural Resource Trustees to be used for the construction of a minimum of one acre of estuarine emergent wetlands and to pay the Trustees' administrative costs.

The proposed document entitled "Bow Sun Settlement Agreement", is hereby made available for public review and comment for a period of 30 days.

The opportunity for public review and comment on the proposed Settlement Agreement announced in this notice is required under the Oil Pollution Act 33 U.S.C. 2706(c)(5), and parallels provisions of 15 CFR 990.14 (d) and 990.55 of the federal Natural Resource Damage Assessment regulations. To receive a copy of the proposed Settlement Agreement and supporting information, interested members of the public are invited to contact Don Pitts of the Texas Parks and Wildlife Department, Resource Protection Division, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4732.

DATES: Comments must be submitted in writing on or before March 26, 1999 to Don Pitts of the Texas Parks and Wildlife Department, Resource Protection Division, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4732. The Natural Resource Trustees will consider all written comments prior to finalizing the proposed Settlement Agreement.

SUPPLEMENTARY INFORMATION: At approximately 3:45 p.m. on May 5, 1994, the M/V Bow Sun allided with structures at Aimcor Dock #45 in the Texas City Ship Channel, Galveston County, Texas and released 36,414 gallons of #6 bunker oil (IFO 380). The majority of the discharged oil moved to the western end of the Texas City Ship channel, where it was recovered. Approximately 1.5 miles of the south bank, 2.5 miles on the north bank and most of the surface waters of the southwestern leg of the Texas City Ship Channel were oiled as a result of the discharge. Injuries to natural resources and services they provide as a result of the discharge were documented by the Trustees and were primarily associated with the oil that washed up on the ship channel shoreline. The ship channel shorelines, especially the Spartina alterniflora wetland on the south side, provide important habitat for estuarine fish, aquatic invertebrates, waterfowl and shorebirds.

The Natural Resource Trustees have the authority under OPA (33 U.S.C. Section 2701 et seq.) to assess the natural resource injuries resulting from this incident. The TPWD, TNRCC and GLO are trustees of the natural resources injured by the discharge from the M/V Bow Sun pursuant to OPA33 U.S.C. Section 2706 (b).

The Natural Resource Trustees have determined that resources subject to their trust authority under these Acts were exposed to crude oil as a result of the discharge. The quantity and concentration of the material discharged was sufficient to result in the impairment of exposed habitats. Consequently the Trustees are seeking the cash settlement identified in the proposed Settlement Agreement in order to implement the construction of a minimum of one acre of emergent estuarine wetlands.

TRD-9900856

Gene McCarty

Regulatory Coordinator

Texas Parks and Wildlife Department

Filed: February 10, 1999


Request for Proposals

The Texas Parks and Wildlife Department issued on February 9, 1999 a Request for Proposal for an Economic and Environmental Feasibility Study of Lodge Development on Texas Parks and Wildlife Department properties.

To obtain a copy of the Request for Proposal Study of Lodge Development on Texas Parks and Wildlife Department properties contact Emily Armitano, Policy Coordinator, Texas Parks and Wildlife Department at (512) 389-4682, or e-mail emily.armitano@tpwd.state.tx.us.

The deadline for submission of the proposals is at 5:00 p.m. CST on March 31, 1999, to the Director of Operations, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744.

Evaluation of proposals will be based on the criteria listed in the Request for Proposal. A selection committee composed of persons designated by the Executive Director, Texas Parks and Wildlife Department will perform evaluation. Proposer(s) may be requested to provide a presentation and interview by the selection committee. The selection team will make a recommendation to the Executive Director who shall select the proposer(s) for the contract award. Multiple contracts may be issued. Proposer(s) to whom contracts are awarded will be notified by mail.

TRD-9900824

Gene McCarty

Chief of Staff, Regulatory Coordinator

Texas Parks and Wildlife Department

Filed: February 9, 1999


Public Utility Commission of Texas

Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule §23.25

Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 5, 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 Notification to Institute Promotional Rates for Residence Customers in Texas, Who Subscribe to Personalized Ring Service Between March 1, 1999 and April 30, 1999 Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20455.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission that it is instituting promotional rates for residence customers in Texas, who subscribe to Personalized Ring service between March 1, 1999 and April 30, 1999. During the promotional period, new residence subscribers of Personalized Ring will receive a waiver of the installation charge ($2.70) and a credit equal to one month of the monthly recurring rate ($4.00). Eligible customers are those who do not already subscribe to Personalized Ring.

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 February 25, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900815

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 1999


Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 8, 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 Notification to Introduce a New Optional Service for Business and Residential Customers Called Outgoing Call Control Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20459.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission that it is introducing a new optional service for business and residential customers called Outgoing Call Control (OCC). OCC will allow customers to selectively restrict certain types of outgoing calls from their telephone line. OCC will provide four settings to allow or restrict calls in each of the following categories: 1) long distance, including interLATA and intraLATA; 2) international calling; 3) 900 or 976 calls; and 4) directory assistance. Customers can activate or deactivate a setting based on their current needs. SWBT requests an effective date of March 5, 1999.

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 March 3, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900846

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 1999


Notice is given to the public of an application filed with the Public Utility Commission of Texas on February 8, 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 Notification to Institute Promotional Rates for New Plexar Express Subscribers Between April 1, 1999 and June 30, 1999 Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20460.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission that it is instituting promotional rates for new Plexar Express subscribers between April 1, 1999 and June 30, 1999. During the promotional period, new Plexar Express subscribers will receive a waiver of the $100 Service Establishment Charge, the $21.35 Station Installation Charge and associated Service Connection Charges ($100 Service Ordering Charge and $14.60 Trip Charge) if they subscribe to a 36, 48 or 60 month contract. Customers already subscribing to Plexar Express are not eligible for this promotional offer. SWBT requests an effective date of April 1, 1999.

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 March 12, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900847

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 1999


Notice of Application for Amendment to Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 3, 1999, for an amendment to a certificate of operating authority (COA), pursuant to §§54.102-54.111 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Birch Telecom of Texas Ltd., L.L.P. for an Amendment to its Certificate of Operating Authority, Docket Number 20430 before the Public Utility Commission of Texas.

Applicant intends to reflect the acquisition of a certificated entity, to relinquish Service Provider Certificate of Operating Authority Number 60171 held by that certificated entity and to expand its geographic area.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120 no later than February 24, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900844

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 1999


Notices of Applications for Amendment to Service Provider Certificate of Operating Authority

On February 2, 1999, DPI-Teleconnect, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60215. Applicant intends to amend its SPCOA to reflect the transfer the SPCOA to a non-certificated entity thereby changing its corporate name.

The Application: Application of DPI-Teleconnect, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 20424.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326 no later than February 24, 1999. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20424.

TRD-9900811

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 8, 1999


On February 5, 1999, American Telco, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60004. Applicant intends to amend its SPCOA to reflect its merger into another company, both wholly-owned subsidiaries of a non-certificated entity, and to relinquish SPCOA Certificate Number 60155.

The Application: Application of American Telco, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 20458.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public tility Commission of Texas, at PO Box 13326, Austin, Texas 78711-3326 no later than February 24, 1999. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20458.

TRD-9900865

Rhonda Dempsey

Rules Coordinator

Pulic Utility Commission of Texas

Filed: February 10, 1999


Notices of Applications for Service Provider Certificates of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 2, 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 network intelligence, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20425 before the Public Utility Commission of Texas.

Applicant intends to provide loop or ground start DTMF analog service, including access to local and long-distance operator and directory assistance service, 9-1-1 emergency service, custom calling features, multi-line business service, basic rate ISDN service, primary rate ISDN service and carrier access service.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120 no later than February 24, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900812

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 8, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 4, 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 Valence Communications Services, Ltd. for a Service Provider Certificate of Operating Authority, Docket Number 20447 before the Public Utility Commission of Texas.

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

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 24, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900843

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 1999


Notice of Application for Waiver and Extension of Filing Deadline Under P.U.C. Substantive Rule §23.103

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 28, 1999, for waiver and extension of the filing deadline contained in P.U.C. Substantive Rule §23.103.

Project Title and Number: Application of Lufkin-Conroe Telephone Exchange, Inc., for Waiver and Extension of the Filing Deadline Contained in P.U.C. Substantive Rule §23.103. Project Number 20383.

The Application: Lufkin-Conroe Telephone Exchange, Inc., (LCTX) requests a waiver and extension of the filing deadline contained in P.U.C. Substantive Rule §23.103(f) which allows a dominant certified telecommunications utility (DCTU) to impose an annual surcharge to recover certain costs associated with the implementation of intraLATA equal access. To impose a surcharge a DCTU must file with the commission by February 15 of each year an application for approval of a tariff imposing this surcharge for recovery of its recoverable cost for the previous year. The amount of the surcharge is computed using a formula based on the total intraLATA toll minutes of use.

LCTX states since implementation of intraLATA did not occur until January 1, 1999, any cost data would, at best, be calculated on estimated intraLATA usage information. LCTX states it incurred intraLATA equal access costs in 1998, which are recoverable under P.U.C. Substantive Rule §23.103(f), and requests the commission extend the filing deadline for its application under P.U.C. Substantive Rule §23.103(f) from February 15, 1999 until September 15, 1999 in order to accumulate actual cost data to compute a proper division of the implementation costs between LCTX and the intraLATA toll providers.

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 February 26, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Please reference Project Number 20383.

TRD-9900766

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 4, 1999


Texas Department of Public Safety

Public Hearing Notice - Regulations Governing Transportation of Hazardous Materials and Transportation Safety §3.59 and §3.62

The Texas Department of Public Safety, in accordance with Administrative Procedure and Texas Register Act, Texas Government Code, §2001 et seq., and Texas Civil Statutes, Article 6675d, §3, is holding a public hearing on February 17, 1999, at 9:00 a.m. in the Traffic Law Enforcement Conference Room of the Department of Public Safety, 5805 North Lamar Boulevard, Austin, Texas.

The purpose of the hearing is to receive comments from all interested persons regarding adoption of amendments to Administrative Rule §3.59 regarding Regulations Governing Transportation of Hazardous Materials and Administrative Rule §3.62 regarding Transportation Safety, proposed for adoption under the authority of Texas Civil Statutes, Article 6675d, §3, which provides that the director shall, after notice and a public hearing, adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial vehicles. The proposed new rules were published in the December 18, 1998, issue of the Texas Register (23 TexReg 12870).

Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Letters should be addressed to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140.

This hearing will be conducted in accordance with the Texas Department of Public Safety's General Rules of Practice and Procedure, §§29.1 - 29.49.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, Braille, are requested to contact Major Lester Mills at (512) 424-2116 three work days prior to the meeting so that appropriate arrangements can be made.

TRD-9900780

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: February 5, 1999


Texas Water Development Board

Request for Proposals for Water Research

Pursuant to 31 TAC §355.3, the Texas Water Development Board (board) requests the submission of water research proposals leading to the possible award of a contract for Fiscal Year 1999. Guidelines for water research proposals, which include an application form, will be supplied by the board.

Description of Research Objectives. New groundwater resources are becoming important where surface water may be insufficient for supplying areas severely affected by drought. Three counties in the Lower Rio Grande Valley (Hidalgo, Willacy, and Cameron) are the proposed research focus of a geophysical evaluation of shallow (0-600 feet) aquifer systems. The information will be used primarily to identify and delineate potential water bearing aquifers suitable for future water supply development. The primary product of this investigation should be maps delineating the groundwater quality, aquifer thickness and depth in the study areas.

The proposed research shall use advanced airborne and ground-based geophysical technologies to, at a minimum: (1) delineate shallow water bearing aquifers in the area; (2) estimate depth to water in these aquifers; and (3) assess the water quality of the subsurface water resources in two study areas. The board and the selected applicant will choose the two study areas, cooperatively.

The following tasks are necessary to complete the project and should be considered in the proposal:

(1) Delineation of the two study areas (10 miles X 10 miles each); create maps of the areas; determine and apply optimal study parameters to investigation.

(2) Design, conduct, and field check an airborne geophysical study for identifying shallow groundwater resources. Separate ground-truthing measurements will be performed to verify accuracy of airborne-acquired data. Process and interpret the data and produce groundwater maps (see item no. 4).

(3) Integrate geophysical results with available subsurface stratigraphic information. The result should be an accurate model of late Pleistocene and Holocene fluvial and deltaic environments. In addition, evaluate available water quality data to assess volume and extent of groundwater affected by saline encroachment.

(4) Produce a Geographical Information System (GIS) data set according the board specifications, including surface geology, water-well locations and lithologic logs, groundwater geochemical constituents, ground-conductivity images at pertinent depth intervals, and zones of potentially good quality water within the study areas. Analyze the relationship between the geophysical data and other geologic and groundwater spatial parameters such as sediment type, lithologic logs, and geochemical constituents.

(5) Write a report summarizing study results, study approach advantages and disadvantages, including prospects for using the application elsewhere in Lower Rio Grande Valley and Texas Coastal Plains shallow alluvial settings.

Description of Funding Consideration. Up to $150,000 has been initially authorized for this water research project, with $100,000 of the monies to be provided to the board by the U.S. Bureau of Reclamation, and $50,000 from the board's Research and Planning Fund. Following the receipt and evaluation of all proposals, the board may adjust the amount of funding initially authorized for the water research. Up to 100% funding may be provided to individual applicants; however, applicants are encouraged to contribute matching funds or services, and funding will not include reimbursement of indirect expenses incurred by political subdivisions of the state or other state agencies and universities. In the event that acceptable proposals are not submitted, the board retains the right to not award funds for the contracts.

Deadline, Review Criteria, and Contact Person for Additional Information. Ten double-sided copies of a complete water research application form, including the required attachments, must be filed with the board prior to 5:00 PM March 22, 1999. Proposals must be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231-Capitol Station, Austin, Texas 78711-3231. Applications will be evaluated according to 31 Texas Administrative Code §355.5 and the proposal rating form included in the board's Guidelines for Water Research Grants. Research shall not duplicate work planned or underway by state agencies and others. All potential applicants must contact the board to obtain these guidelines. Requests for information, the board's rules covering the Research and Planning Fund, detailed evaluation criteria, board GIS specifications, and guidelines may be directed to Ms. Phyllis Thomas at the preceding address, by calling (512) 463-7926, or by email to: phyllis@twdb.state.tx.us.

TRD-9900789

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: February 8, 1999


Texas Workforce Commission

Notice of Public Hearing

The Texas Workforce Commission (Commission) will hold a public hearing on March 11, 1999, 10:00 a.m., in the Texas Workforce Commission Office Building, 101 E. 15th Street, Room 244, in Austin, Texas. The public hearing will serve to engage the public in providing comments on the early implementation of the Workforce Investment Act of 1998 (WIA). This hearing will provide the public, board directors, local workforce board members, chief elected officials, private industry council directors, private industry council members, local partners, other state agencies, representatives of businesses, representatives of labor organizations and other interested parties an opportunity to comment on the following:

1) development of the state five-year strategic plan,

2) development of a procedure for use by local boards for determining the ongoing eligibility of a provider of training services,

3) development of a single comprehensive list of the eligible training service providers from all local areas in the State, and

4) other issues related to the early implementation of WIA in Texas.

The initial draft state five-year strategic plan, will be available for public inspection on February 19, 1999 . You may view the draft at 101 East 15th Street, Room 264, Austin, Texas, or you may request a hard copy by calling James Nolan, Information Release at (512) 463-2748. An electronic copy will be available on February 22, 1999, on the Texas Workforce Commission website at: http://www.twc.state.tx.us/. From this site, select "Featured Link: Texas Workforce Investment Act Implementation." You may also submit your comments at this location under the subheading "Public Comment." The deadline for submitting all comments is March 11, 1999 at 5:00 p.m.

The Commission welcomes and invites all interested parties to attend and provide input on the aforementioned items and the draft state five-year strategic plan. Questioning of the commenters will be reserved exclusively to the Commissioners and/or their Legal staff as may be necessary to ensure a complete record. While any person with pertinent comments or statements will be granted an opportunity to present them during the course of the hearing, the Texas Workforce Commission reserves the right to restrict statements in terms of time or repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views or similar comments through a representative member where possible.

Comments will be received beginning at 10:00 a.m. Any interested person may appear and offer comments or statements, either orally or in writing. Persons wishing to comment are encouraged to arrive at 9:30 a.m. to sign in and to complete a public comment form.

Persons with disabilities who plan to attend this hearing and who may need auxiliary aids, services, or special accommodations are requested to contact Janie Young, at (512) 936-0469 at least two (2) working days prior to the hearing.

For those unable to attend, please send written comments by March 11, 1999 at 5:00 p.m. to Brenda Lovett, Strategic Planning Section Director, 101 East 15th Street, Room 144T, Austin, Texas 78778-0001. E-mail comments to Ms. Lovett at: brenda.lovett@twc.state.tx.us

TRD-9900825

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: February 9, 1999