Pursuant to Chapter 2254, Subchapter B of the Texas Government Code, the Comptroller of Public Accounts determined on January 14,1999, that it is in the best interest of the state to withdraw the Request for Proposals (RFP) for consultant services to assist the Comptroller in conducting a management and performance review of the Killeen Independent School District (Killeen, ISD). The RFP will be reissued.

The anticipated schedule for the RFP was included in the Notice of Request for Proposals published in the November 27, 1998, issue of the Texas Register (23 TexReg 11986).

TRD-9900306

David R. Brown

Legal Counsel

Comptroller of Public Accounts

Filed: January 15, 1999

Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration:

An application was received from Garland Credit Union (Garland) seeking approval to merge with Texans Credit Union (Richardson) 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-9900370

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: January 20, 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 Mid-County Teachers Credit Union, Port Neches, Texas to expand its field of membership. The proposal would permit the employees of Healthsouth Corporation in Jefferson and Orange Counties, excluding Healthsouth Rehabilitation Centers of Beaumont and Nederland, to be eligible for membership in the credit union.

An application was received from Community Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who work or reside within the City of Rowlett or Rockwall County, excluding persons primarily eligible for membership in any occupation or association based credit union with less than 20,000 members as of the date of this amendment (12-10-98) having an office within this area, to be eligible for membership in the credit union.

An application was received from United Heritage Credit Union, Austin, Texas to expand its field of membership. The proposal would permit members of the Bouldin Creek Neighborhood Association to be eligible for membership in the credit union.

An application was received from United Heritage Credit Union, Austin, Texas to expand its field of membership. The proposal would permit employees of Hunter's Glen Apartments, 2309 Berkley, Austin, Texas to be eligible for membership in the credit union.

An application was received from United Heritage Credit Union, Austin, Texas to expand its field of membership. The proposal would permit employees of Georgetown Park Apartments, 209 Luther Drive, Georgetown, Texas 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-9900367

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: January 20, 1999

In accordance with the provisions of 7 TAC Section 91.103, the Texas Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership Approved

Dallas Postal Credit Union, Dallas, Texas - See Department Newsletter No. 07-97.

Application(s) for a Merger or Consolidation

City of Orange Employees Federal Credit Union and Mid-County Teachers Credit Union - See Texas Register issue dated September 30, 1998.

TRD-9900369

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: January 20, 1999

This announces the availability of funds to be awarded on behalf of the Texas Planning Council for Developmental Disabilities (TPCDD) by the Texas Rehabilitation Commission.

The purpose of this Request for Proposal (RFP) is to solicit proposals for one project which will demonstrate innovative and effective ways to work with local communities to organize training and technical assistance to promote leadership for individuals with disabilities and their family members.

The selected grantee will be responsible for sub-granting with communities statewide throughout the life of the grant. Community sites selected will be representative of the geographical diversity of the state including at least one from each of the following areas: urban, rural, small urban and Mexican border areas. A minimum of five communities is expected within the first two years of the grant, with additional communities added each successive year thereafter. A minimum of ten communities total is anticipated during the life of the grant. The Community Partners Project is an effort to create a mechanism to provide leadership skills and training to many more people with disabilities and their families than is currently available through the Partners in Policymaking Program.

Under this announcement, one project will be funded for up to five years. The grantee will be responsible for sub-granting with at least five local community sites representing at a minimum, a rural, Mexico border area, large and small urban communities during the first two years of the project, and with at least ten communities during the overall grant project. Funding for years two through five will be contingent upon an annual review of performance, availability of federal funding, and TPCDD funding priorities. The initial funding period is June 1, 1999 through May 31, 2000. Estimated funding to be determined but not to exceed $150,000 for the first year and $225,000 annually for each 12-month budget period of years two through five. Non-federal match of 25% is required for the first year. Project activities located in counties designated as federal poverty areas require a minimum of 10% matching resources. Increasing non-federal match will be required in years two through five. Federal funds received from other sources cannot be used to match federal funds received under this grant.

For the application packet containing the full request for proposals, application forms and instructions, please submit a written or fax request to: Don McKnight, Grants Management Director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 424-4080 or (512) 424-4097 FAX, or by e-mail to: txddc@rehab.state.tx.us. Copies of application kits will be sent by regular mail and will not be faxed to applicants.

Deadline: Proposals will be accepted until 4:00 p.m. on Monday, March 22, 1999, at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4435, 4th Floor, Austin, Texas 78751-2399. No fax copies of proposals will be accepted.

TRD-9900363

Charles Schiesser

Chief of Staff

Texas Planning Council for Developmental Disabilities

Filed: January 20, 1999

This announces the availability of funds to be awarded on behalf of the Texas Planning Council for Developmental Disabilities (TPCDD) by the Texas Rehabilitation Commission.

The purpose of the Inclusive Education Demonstration Project is to provide funding to up to three middle schools to develop a model outlining steps necessary to convert segregated classrooms and campuses into inclusive settings for all students with disabilities that can be replicated statewide.

Under this announcement, up to three projects will be funded for three to five years. Funding for years two through five will be contingent upon an annual review of performance, availability of federal funding and TPCDD funding priorities. The initial funding period is June 1, 1999 through May 31, 2000. Estimated funding per project not to exceed $75,000 for the first year. Funding for years two through five should not be greater then $150,000 for each 12-month period. Nonfederal match of 25% is required for the first year. Projects located in counties designated as a federal poverty area require a minimum of 10% matching resources for the first year. Increasing nonfederal match will be required in years two through five.

For the application packet containing the full request for proposals, application forms and instructions, please submit a written or fax request to: Don McKnight, Grants Management Director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 424-4080 or (512) 424-4097 FAX, or by e-mail to: txddc@rehab.state.tx.us. Copies of application kits will be sent by regular mail and will not be faxed to applicants.

Deadline: Proposals will be accepted until 4:00 p.m. on Monday, March 22, 1999, at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4435, 4th Floor, Austin, Texas 78751-2399. No fax copies of proposals will be accepted.

TRD-9900365

Charles Schiesser

Chief of Staff

Texas Planning Council for Developmental Disabilities

Filed: January 20, 1999

This announces the availability of funds to be awarded on behalf of the Texas Planning Council for Developmental Disabilities (TPCDD) by the Texas Rehabilitation Commission.

The purpose of this Request for Proposal (RFP) is to solicit proposals for one project which will provide assistance to three to five local communities to increase participation of persons with disabilities in all aspects of community life.

The selected grantee will be responsible to provide technical assistance and support to each community in the planning, design, implementation and evaluation of community action plans designed to remove barriers to full participation by individuals with developmental disabilities in those communities. The grantee and communities will utilize and further develop materials and strategies on community building and principles of inclusion for people with severe disabilities.

Under this announcement, one project will be funded for up to five years. Funding for years two through five will be contingent upon an annual performance review, availability of federal funding, and TPCDD funding priorities. The initial funding period is June 1, 1999 through May 31, 2000. Estimated funding to be determined but not to exceed $125,000 for the first year and $375,000 annually for each 12-month period of years two through five. Non-federal match of 25% is required for the first year. Project activities located in counties designated as federal poverty areas require a minimum of 10% matching resources. Increasing non-federal match will be required in years two through five. Federal funds received from other sources cannot be used to match federal funds received under this grant.

For the application packet containing the full request for proposals, application forms and instructions, please submit a written or fax request to: Don McKnight, Grants Management Director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Blvd., Austin, Texas 78751-2399, (512) 424-4080 or (512) 424-4097 FAX or by e-mail at: txddc@rehab.state.tx.us. Copies of application kit will be sent by regular mail and will not be faxed to applicants.

Deadline: Proposals will be accepted until 4:00 p.m. on Monday, March 22, 1999, at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4435, 4th Floor, Austin, Texas 78751-2399. No fax copies of proposals will be accepted.

TRD-9900364

Charles Schiesser

Chief of Staff

Texas Planning Council for Developmental Disabilities

Filed: January 20, 1999

Notice is hereby given that the Bureau of Radiation Control and the Bureau of Food and Drug Safety, Texas Department of Health (department), jointly issued a notice of violation and proposal to assess an administrative penalty against Ms. Ruth King-Smith, doing business as RKS Spa Services, Salons of Post Oak, Houston, for violations of the Texas Regulations for Control of Laser Radiation Hazards and the Texas Food, Drug, and Cosmetic Act . A total penalty of $60,000 is proposed to be assessed against Ms. Ruth King-Smith.

The violations are of significant concern to the department in that an unregistered laser at RKS Spa Services, Salon of Post Oak facility resulted in physical injury to a consumer, requiring medical treatment for the injuries. Additionally, the laser device was improperly labeled and used without proper prescriptive authority or supervision. Use of unregistered laser devices without adequate labeling and with apparent disregard for the requirements associated with the use of prescription devices results in a direct negative impact on the public health, and exposes consumers to unnecessary risks from laser radiation.

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-9900212

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 14, 1999

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Healthsouth Corporation, doing business as Healthsouth Katy Diagnostic (registrant-M00102) of Katy for violating the Texas Regulations for Control of Radiation. A total penalty of $1,400 is proposed to be assessed to the registrant for performing mammographic examinations without having a valid certification.

Using a mammography system without proper certification results in unauthorized equipment being used for the application of radiation to the members of the public. The violation is of significant concern to the bureau because it reflects an apparent disregard for rules put in action for the appropriate use of radiation in the healing arts, resulting in a direct negative impact on occupational and public health and safety.

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-9900213

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 14, 1999

Texas Department of Health, 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: Sandra S. Montgomery, D.C., Houston, R08540, December 21, 1998; X-Ray Systems, Arlington, R15086, December 21, 1998; Vasanth R. Namireddy, M.D., Fort Worth, R21087, December 21, 1998; Melba Karen Adams, D.D.S., Houston, R21194, December 21, 1998; Integrated Solutions, Inc., Austin, Z00885, December 21, 1998; Physicians Chiropractic, Grand Prairie, R21781, December 21, 1998; Al D. Lowe, D.D.S., Amarillo, R22601, December 21, 1998; First Health Chiropractic, Dallas, R22627, December 21, 1998; Rad Mart X-Ray, Houston, R23224, December 21, 1998; Western Diagnostic Imaging Systems, Inc., Riverside, California, R23297, December 21, 1998.

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-9900214

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 14, 1999

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MULTIFAMILY HOUSING REVENUE BONDS (MAYFIELD 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 Arlington Southeast Library, 1624 New York Avenue, Arlington, Texas, 76016 at 12:00 p.m. on March 4, 1999, with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $11,600,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to TCR Mayfield Limited Partnership (or a related person or affiliate thereof) (the "Borrower"), to finance a portion of the acquisition, construction and equipping of a multifamily housing project (the "Project") described as follows: 240 unit multifamily residential rental development to be constructed on a tract of land. The improvements are to be constructed on approximately 15 acres of land located on the south side of East Mayfield Road about 1 mile west from the intersection of Mayfield and Highway 360 at the intersection of Sherry Lane and Mayfield Road, Arlington, Tarrant County, Texas. The Project will be owned and operated by TCR Mayfield Limited Partnership. The Project will be managed by Trammell Crow Residential Services.

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

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing 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-9900349

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 19,1999

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 Ridgewood Branch Library, 120 West Kingsley Road, Garland, Texas 75041-3498, at 12:00 p.m. on March 4, 1999, with respect to an issue of tax-exempt multifamily residential rental project 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 Texas Department of Housing and Community Affairs (the "Issuer"). 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 project (the "Project") 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 Project will be owned and operated by Carleton-Duck Creek, Ltd. The Project will be managed by Lincoln Property Company.

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

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing 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-9900351

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 19, 1999

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MULTIFAMILY HOUSING REVENUE BONDS (THE TIMBERS AT CREEKSIDE 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 its offices at 507 Sabine Street, Room 436, Austin, Texas, at Friday, March 5, 1999, at 12:00 p.m. with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $6,800,000 and taxable bonds, if necessary, in an amount to be determined to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to The Timbers at Creekside, L.P., a partnership to be formed with Encinas Group, Inc. as its general partner (or a related person or affiliate thereof) (the "Borrower"), to finance a portion of the acquisition, construction and equipping of a multifamily housing project (the "Project") described as follows: 176 unit multifamily residential rental development to be constructed on a tract of land located at 1000-1027 Clayton Lane, Austin, Texas. The improvements are to be constructed on a 4.799 gross acre tract located along the north side of Clayton Lane, east of Interstate Highway 35, Austin, Travis County, Texas. The Project will be owned and operated by The Timbers at Creekside, L.P., a partnership to be formed with The Encinas Group, Inc. as its general partner. The Project will be initially managed by Capstone Real Estate.

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

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing 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-9900350

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 19, 1999

Low Income Home Energy Assistance Program (LIHEAP)/Weatherization Assistance Program for Low-Income Persons (WAPFLIP)

I. SUMMARY

The Texas Department of Housing and Community Affairs (Department) is issuing this Request for Proposals (RFP) to announce the availability of Department of Energy and Department of Health and Human services funds for the Weatherization Assistance Program for Low-Income Persons (WAP). These funds are to provide weatherization services to low income households residing in Dallas County. As of the date of this RFP, the Department intends to make an estimated $428,010 from FFY '99 funds available to eligible applicant, as defined in this RFP.

II. ELIGIBLE APPLICANTS

1. Any local public or private nonprofit agency.

2. Special consideration will be given to entities receiving federal funds under any low-income assistance program or weatherization assistance program under the Economic Opportunity Act of 1964 or any other provision of law on day before enactment of this Act.

Submissions of proposals, questions or requests for additional information may be directed to Peggy M. Colvin, Assistant Program Manager, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas, 78701, (512) 475-3864.

The RFP package will be available on the date of the publication of this RFP. The proposals must be submitted to the Department by 5:00 p.m. on March 31, 1999. Applications received after the due date will not be considered.

To obtain a copy of the RFP package, write to:

Texas Department of Housing and Community Affairs, Energy Assistance Section, Attention: June Kavanaugh, 507 Sabine, Suite 600, Austin, Texas, 78701 or call the Energy Assistance Section at (512) 475-3863.

TRD-9900377

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 20, 1999

The Commissioner of Insurance will hold a public hearing under Docket Number 2399, on February 17, 1999, at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street, Austin, Texas. This hearing is concerning 28 TAC sections 34.818 and 34.826, relating to proposed amendments necessary, in part, to implement legislation enacted by the 75th Legislature in SB 371. SB 371 stated that the commissioner shall adopt by reference the provisions of two National Fire Protection Association (NFPA) standards -

The proposed amendments and the statutory authority for the amendments were published in the December 18, 1998, issue of the Texas Register (23 TexReg 12867).

TRD-9900379

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 20, 1999

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

Application for admission to Texas of Leaders Management Group, Inc., a foreign third party administrator. The home office is Tulsa, Oklahoma.

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

TRD-9900376

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 20, 1999

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation Notice of Joint Public Hearing on the Rehabilitative Services for Persons with Severe and Persistent Mental Illness Reimbursement Rates.

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the new reimbursement rates for providing rehabilitative services for persons with severe and persistent mental illness, effective April 1, 1999. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Friday, February 12, 1999, at 10:30 a.m. in the auditorium of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512)206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on Friday, February 12, 1999. Interested parties may obtain a copy of the reimbursement briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753. The reimbursement briefing package will be available 10 days prior to the hearing.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-9900373

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: January 20, 1999

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation Notice of Joint Public Hearing on the Service Coordination Reimbursement Rates.

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the new reimbursement rates for providing service coordination, effective April 1, 1999. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Friday, February 12, 1999, at 9:30 a.m. in the auditorium of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512)206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on Friday, February 12, 1999. Interested parties may obtain a copy of the reimbursement briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753. The reimbursement briefing package will be available 10 days prior to the hearing.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-9900374

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: January 20, 1999

The following notice was issued on January 13, 1999, pursuant to Chapter 49 of the Texas Water Code and 30 TAC Chapter 293.

FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT-MONUMENT HILL has applied for authority to adopt and impose a quarterly standby fee of $18.00 per equivalent single family connection (ESFC) for calendar years 1999 through 2001 on unimproved property within the District.

If a written hearing request is not filed during the 30-day comment period, which extends from the day after the date of the second newspaper publication, the Executive Director may approve the above applications. 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) the name of the applicant and the TNRCC Internal Control No.; (3) the statement "I/we request a public hearing"; and (4) a brief description of how you would be adversely affected by the granting of the request in a way not common to the general public. You may also submit your proposed adjustments to the application which would satisfy your concerns.

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

Written hearing requests 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, contact the Public Interest Counsel, MC-103, at the same above PO Box 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-9900334

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 19, 1999

City of San Angelo, P.O. Box 1751, San Angelo, Texas 76902-1751 has applied for a minor amendment to Permit No. MSW 79 to change the site operating plan for their landfill. The applicant is requested to change the City of San Angelo's landfill bottom liner system from a 2-foot thick clay, and 0.06 inch-thick geomembrane composite liner, to a 0.25 inch-thick geosynthetic clay liner and 0.06 inch-thick geomembrane composite liner. This Type I Municipal Solid Waste facility is located on the northeast side of the City of San Angelo, Texas, on Old Ballinger Highway, San Angelo, Texas, Tom Green County.

City of Fredericksburg, P.O. Drawer 111, Fredericksburg, Texas 78624 has applied for a minor amendment to Permit No. MSW 1995 to change the site development plan. The applicant is requesting authorization to allow the disposal of Type IV municipal solid waste, consisting of brush, construction-demolition waste, and/or rubbish free of putrescible and household wastes as defined in 30 Texas Administrative Code Section 330.2, in a lined 1.26-acre area which was formerly utilized for storage and evaporation of leachate. Modifications will be made to comply with applicable requirements. The 1.26-acre leachate evaporation pond is located on the southwest corner of the site, which is approximately 1.24 miles east of Fredericksburg, one mile east of the junction of FM Road 1631 with U.S. Highway 290, and adjacent to and south of FM Road 1631 in Gillespie County, Texas.

The Executive Director of the TNRCC has prepared draft permits which, if approved, will authorize the minor amendments to these permits.

Written comments concerning these minor amendments may be submitted to the TNRCC, Chief Clerk's Office, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 telephone (512) 239-3300. Comments must be received no later than 10 days from the date this notice is mailed. Written comments must include the following: (1) your name (or for a group or association, the name of an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; and (3) the location of your property relative to the applicant's operations. Individual members of the public who wish to inquire about the information contained in this notice may contact the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-9900333

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 19, 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 Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 28, 1999. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 28, 1999. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1) COMPANY: Acme Brick Company; DOCKET NUMBER: 98-0934-IWD-E; IDENTIFIER: Permit Number 00444; LOCATION: Butler, Bastrop County, Texas; TYPE OF FACILITY: clay mining pit; RULE VIOLATED: 30 TAC §319.7(d) and Permit Number 00444, by failing to submit monthly effluent reports; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Andrews Transport Inc.; DOCKET NUMBER: 98-0648-PST-E; IDENTIFIER: Enforcement Identification Number 12611; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: petroleum storage tank retail; RULE VIOLATED: 30 TAC §115.221, by failing to ensure that during the transfer of gasoline from any delivery vessel into a stationary storage container, which is located at a motor vehicle fuel dispensing facility, gasoline vapors displaced from the gasoline storage container are captured by the delivery vessel through a vapor recovery system; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Doug Reske, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3) COMPANY: BC Utilities, Inc.; DOCKET NUMBER: 98-0975-MWD-E; IDENTIFIER: Permit Number 11145-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §319.7(d) and Permit Number 11145-001, by failing to submit monthly effluent reports; and 30 TAC §290.51 and the THSC, §341.041, by failing to pay public health service fees; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Bismo Inc. dba Highway 80 Texaco; DOCKET NUMBER: 98-1004-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0013518; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: motor vehicle fuel dispensing; RULE VIOLATED: 30 TAC §115.245 and the Act, §382.085(b), by failing to conduct the annual pressure decay test for the Stage II system; and 30 TAC §115.242(3)(A) and (K) and the Act, §382.085(b), by failing to install the gasket on the dry break cap and the correct size hoses on the pumps of the Stage II system; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Frank Muser, (512) 239-6951; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5) COMPANY: E. I. Du Pont de Nemours & Co., Inc.; DOCKET NUMBER: 98-0992-IHW-E; IDENTIFIER: Enforcement Identification Number 1028; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: petro-chemical manufacturing; RULE VIOLATED: Permit Number 50230-001, Provision Numbers III.B.3 and VI.E.4, and 30 TAC §335.112(a)(9), by failing to immediately remove spilled waste and waste residue from ancillary components and by failing to maintain a record of inspections associated with the incinerator complex and tanks containing hazardous waste and with the hazardous waste tanks systems; 30 TAC §335.4, by failing to mitigate product spillage associated with product storage and dispensing; and 30 TAC §335.69(d)(1) and (2), by failing to label satellite containers with the words "Hazardous Waste" or with words to identify their contents and by failing to keep these containers closed except while adding or removing waste; PENALTY: $5,200; ENFORCEMENT COORDINATOR: J. Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: L.C. Skinner dba L.C. Skinner Vacuum Truck Service; DOCKET NUMBER: 98-0634-SLG-E; IDENTIFIER: Enforcement Identification Number 12552; LOCATION: Bridgeport, Wise County, Texas; TYPE OF FACILITY: septic tank waste transport; RULE VIOLATED: 30 TAC §312.142(f)(3), by failing to notify the TNRCC of transporting waste; 30 TAC §312.144(d) and (e), by failing to have the required sight gauges on the transporter truck and by failing to maintain records for pathogen and vector reduction; and 30 TAC §312.145, by failing to maintain a record of each individual waste collection and deposit; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(7) COMPANY: Joe Cordell and John Heavyside dba Lledroc Farms West; DOCKET NUMBER: 98-0589-AGR-E; IDENTIFIER: Enforcement Identification Number 11716; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.37 and the Code, §26.121, by allowing an unauthorized discharge of tailwater runoff from the application field; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(8) COMPANY: Lone Star Medi-Waste, Inc.; DOCKET NUMBER: 98-1122-MSW-E; IDENTIFIER: Municipal Solid Waste Facility Numbers 54006 and 50056; LOCATION: Olton, Lamb County, Texas; TYPE OF FACILITY: mobile medical waste treatment vehicle and medical waste transporter; RULE VIOLATED: 30 TAC §330.1004(c)(1), by failing to treat special waste from a health care related facility in an approved manner; 30 TAC §330.1005(n), by failing to ensure delivery of medical waste to an authorized facility; and 30 TAC §330.1010(e)(1), by failing to provide notification of change in treatment methods for medical waste; PENALTY: $2,700; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(9) COMPANY: Mark McFadden, Lone Star Medi-Waste, Inc. and Positive Impact Waste Solutions, Inc.; DOCKET NUMBER: 98-1123-MSW-E; IDENTIFIER: Municipal Solid Waste unauthorized Facility Number 455020018; LOCATION: Olton, Lamb County, Texas; TYPE OF FACILITY: unauthorized mobile medical waste treatment vehicle; RULE VIOLATED: 30 TAC §330.4, by failing to have proper permit, registration, or other authorization prior to processing off-site generated medical waste with a mobile on-site treatment vehicle; PENALTY: $600; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-092.

(10) COMPANY: Peshawar Inc. dba Goober's; DOCKET NUMBER: 98-0603-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0008296; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sale of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(j), by failing to replace a faulty dry break; 30 TAC §115.244, by failing to conduct daily and monthly inspections; 30 TAC §115.245, by failing to conduct the annual pressure decay test on Stage II vapor recovery equipment and by failing to maintain records of Stage II vapor recovery equipment testing; 30 TAC §115.246, by failing to maintain Stage II vapor recovery records for a period of two years; and 30 TAC §115.248, by failing to ensure that at least one person has received training and instruction in the operation and maintenance of Stage II vapor recovery equipment; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Larry Hagen, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: Phillips 66 Company; DOCKET NUMBER: 98-0903-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identificaton Number 0036471; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: retail gasoline sales; RULE VIOLATED: 30 TAC §334.50(a)(1)(B), by failing to provide a method of release detection which shall be installed, calibrated, operated, and maintained in accordance with the manufacturer's specifications and instructions and by personnel possessing the necessary experience, training, and competence to accomplish such requirements; 30 TAC §334.50(b)(2)(i)(III), by failing to test a line leak detector at least once per year for performance and operational reliability; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding the underground storage tanks; PENALTY: $12,080; ENFORCEMENT COORDINATOR: Rebecca Cervantes, (915) 778-9634; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(12) COMPANY: Teen Mania Ministries, Inc.; DOCKET NUMBER: 98-0215-MWD-E; IDENTIFIER: Permit Number 13790-001; LOCATION: Lindale, Smith County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13790-001 and the Code, §26.121, by failing to meet the permitted total suspended solids limitations; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(13) COMPANY: Terry Tackett; DOCKET NUMBER: 98-0461-MWD-E; IDENTIFIER: Enforcement Identification Number 12455; LOCATION: Alvord, Wise County, Texas; TYPE OF FACILITY: waste transport; RULE VIOLATED: 30 TAC §312.143, Registration Number 22237, and the Code, §26.121, by failing to deposit wastes; and 30 TAC §312.145, by failing to maintain a record of each individual waste collection and deposit in the form of trip tickets; PENALTY: $600; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(14) COMPANY: Tetco Stores, Inc.; DOCKET NUMBER: 98-0552-EAQ-E; IDENTIFIER: Enforcement Identification Number 12494; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store and retail gasoline; RULE VIOLATED: 30 TAC §213.4(k), by failing to comply with Special Condition Numbers 2 and 3 of the Edwards Aquifer protection plan; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(15) COMPANY: Ultramar Diamond Shamrock Corp.; DOCKET NUMBER: 98-0246-EAQ-E; IDENTIFIER: Enforcement Identification Number 12309; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: convenience store and retail gasoline; RULE VIOLATED: 30 TAC §313.4, by failing to implement maintenance and corrective action on a permanent storm water structure; and 30 TAC Chapter 335 and the THSC, §;341.041, 361.135, 361.136, 361.604, and 361.606, by failing to pay hazardous waste facility program fees, public health service fees, and voluntary cleanup program fees; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(16) COMPANY: Robert Upchurch; DOCKET NUMBER: 98-0732-OSI-E; IDENTIFIER: Enforcement Identification Number 12625; LOCATION: Woodville, Tyler County, Texas; TYPE OF FACILITY: on-site sewage installation; RULE VIOLATED: 30 TAC §;285.5(1), 285.20, and 285.58(a)(3) and (11), by failing to obtain a permit and a plan approval prior to construction and by failing to call for required inspections; 30 TAC §285.30(i), by failing to conduct a proper site evaluation prior to construction; 30 TAC §285.34(a), by failing to construct the sewer line from the home's plumbing to the septic tank with cast iron, ductile iron, polyvinyl chloride schedule 40, soil density ratio 26, or other material approved by the TNRCC or install a two-way clean out; 30 TAC §285.33(b)(1)(B), by failing to install an inspection port at the end of the graveless pipe line; and 30 TAC §285.33(a)(1)(D), by installing a single drain line in excess of 150 feet; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-9900359

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 20, 1999

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 70, concerning Enforcement.

The commission proposes the amendments to implement the consolidated enforcement provisions of Texas Water Code (TWC), §;7.001 et seq. The proposed amendments make Chapter 70 consistent with TWC, Chapter 7, the Administrative Procedure Act, and the Texas Rules of Civil Procedure. In addition, this action includes the commission's review of the rules contained in Chapter 70, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

A public hearing on the proposal will be held March 1, 1999, at 10:30 a.m. in Room 2210 of Texas Natural Resource Conservation Commission Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

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. Comments must be received by 5:00 p.m., March 1, 1999, and should reference Rule Log Number 98053-070-AD. For further information, please contact Brian Christian, Policy Research Division, (512) 239-1760.

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

TRD-9900275

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017, and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 120, concerning Control of Air Pollution from Hazardous Waste or Solid Waste Management Facilities.

The commission proposes the repeal of Chapter 120, because the chapter duplicates the rules in 30 TAC Chapter 335, Subchapter L. Chapter 120 and Chapter 335, Subchapter L, are joint rules for the control of air pollution from hazardous waste or industrial (solid) waste management facilities. The two sets of rules were first adopted by the Texas Air Control Board and the Texas Water Commission in 1986, under requirements of the Solid Waste Disposal Act. The two sets of rules, which contained the same permitting requirements, were needed for "one-stop" permitting until the two agencies merged on September 1, 1993, creating the commission.

The need for the repeal of Chapter 120 was identified during the course of the commission's review of these rules in accordance with the rules review requirement in the General Appropriations Act. The General Appropriations Act, Article IX, §167, requires all state agencies to review and readopt their rules every four years. At a minimum, state agencies must determine whether the reason for adopting the rules continues to exist. The staff has reviewed these joint rules and has determined that the agency no longer needs two sets of rules containing the same requirements.

A public hearing on the proposal will be held March 1, 1999, at 9:30 a.m. in Room 2210 of Texas Natural Resource Conservation Commission Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

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. Comments must be received by 5:00 p.m., March 1, 1999, and should reference Rule Log Number 98037-120-AI. For further information, please contact Barry Irwin, Air Policy and Regulations Division, (512) 239-1461.

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

TRD-9900278

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 15, 1999

Contract Number 582-9-00731, Project 99-BPR

NOTICE: This formal Notice of Award of consulting services is filed under the provisions of Government Code, Chapter 2254. In the November 13, 1998, issue of the Texas Register (23 TexReg 11735), the Field Operations Division of the Office of Compliance and Enforcement at the Texas Natural Resource Conservation Commission (TNRCC) announced that it would be issuing a "Request for Proposals (RFP) Relating to Consulting Services (Air/Water/Waste)" to qualified companies/organizations to perform a strategic assessment and management review of the business systems and procedures involved in the Site Inspection process of each of its program areas. The Consultant will conduct a Current System Analysis to objectively review current development efforts undertaken by the Agency. The Consultant will then analyze business processes, benchmark best practices, identify efficiencies and inefficiencies associated with the current structure, and evaluate opportunities to improve performance, and reduce redundancies. The Consultant will make recommendations for changes in business practices and organizational structure to utilize in the Agency's effort to construct a more unified inspection process.

TNRCC has awarded a Contract to: Information Engineering Group, Inc., 1507 Osprey Ridge Loop, Lago Vista, Texas 78645, to perform the consulting services described above. The total value of this Contract is $74,000.00 . The contract began on January 11, 1999 , and will end upon the performance of services, which shall be March 26, 1999 , unless otherwise authorized, in writing, by the TNRCC. The final document will be presented to the agency March 24, 1999.

The Consultant is required to present weekly time sheets to the agency during the period from Contract signature to Contract termination. The final Findings Report is due March 24, 1999 (draft due March 23, 1999). The Findings Report consists of findings from the software systems analysis (draft due January 26, 1999); the findings from the Emergency Response and Complaints JAD sessions (draft due February 2, 1999); the findings from the Water JAD sessions (draft due February 2, 1999); the findings from the Air JAD sessions (draft due February 16, 1999); the findings from the Waste JAD sessions (draft due February 16, 1999) ; Draft of the Data Model, Activities Hierarchy, and Unique Subject Area list (due March 2, 1999); and the findings from the Air, Water, and Waste JAD session (draft due March 18, 1999).

Any requests for additional information should be directed to: Rob Villarreal, Texas Natural Resource Conservation Commission, P.O. Box 13087, MC-174, Austin, Texas 78711-3087, telefax: (512) 239-0404, phone: (512) 239-1933.

TRD-9900245

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 14, 1999

Listed below are permits issued January 7 - 13, 1999.

Temporary Permit No. TP-8054 by Texas Utilities Pipeline Services, Inc. for diversion of 1 acre-foot in a 6-month period for mining (boring) and hydrostatic pipeline testing purposes. Water may be diverted from the Elm Fork of the Trinity River, a tributary of the Trinity River Basin, approximately 4 miles northeast of Denton and 4 miles west of Aubry, Denton County, Texas at a ROW at a point where the Elm Fork of the Trinity River crosses state Highway 428.

Temporary Permit No. TP-8055 by Knight Construction, Inc. for diversion of 1 acre-foot in a 9-month period for Road (embankment material processing) Construction purposes. Water may be diverted from the Pecos River, a tributary of the Rio Grande, Rio Grande Basin, approximately 9.5 miles northwest of Pecos, in Reeves County and 4 miles southwest of Mentone, in Loving County, Texas at a point where the Pecos River crosses the right -of-way of state Highway 302 in Reeves County Texas.

Temporary Permit No. TP-8056 by Hunter Industries, Inc. for diversion of 3 acre-foot in a 1 year period for industrial (road construction) use. Water may be diverted from a Branch of Willis Creek, a Tributary of Granger Lake, a Tributary of the San Gabriel River, a Tributary of the Brazos River, Brazos River Basin, approximately 12 « miles north of Taylor and « mile southeast of Granger, Williamson County, Texas where the Branch of Willis Creek crosses the right-of-way of County Road 348.

Temporary Permit No.TP-8057 by Water Partners for diversion of 10 acre-feet in a 1 year period for mining (oil & gas well drilling) use. Water may be diverted from anywhere in the Rio Grande Watershed in Hidalgo, Starr and Cameron Counties, Texas.

Temporary Permit No. TP-8058 by Water Partners for diversion of 10 acre-feet in a 1 year period for mining (oil & gas well drilling) use. Water may be diverted from anywhere in the Rio Grande Watershed in Webb and Zapata Counties, Texas.

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

TRD-9900332

LaDonna Castanuela

Acting Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 19, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 15, 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 Business Customers Newly Subscribing to the Per Minute; 2 Hour or 5 Hour MaxiMizer ^TM 800 Plans Between February 15, 1999 and May 15, 1999, Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20332.

The Application: Southwestern Bell Telephone Company (SWBT) is instituting promotional rates for business customers newly subscribing to the Per Minute; 2 Hour or 5 Hour MaxiMixer ^TM 800 plans between February 15, 1999 and May 15, 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. New six-month subscribers of the 2-Hour MaxiMizer ^TM 800 plan will receive a one-time credit of $30. New twelve-month subscribers to the 5-Hour MaxiMizer ^TM 800 plan will receive a one-time credit of $60.

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 11, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900353

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 19, 1999

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 11, 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 Rosebud Cotton Company, d/b/a Rosebud Telephone for a Service Provider Certificate of Operating Authority, Docket Number 20318 before the Public Utility Commission of Texas.

Applicant intends to resell local exchange services, including dial tone and custom calling features.

Applicant's requested SPCOA geographic area includes the entire state of Texas currently served by Southwestern Bell Telephone Company, GTE Southwest, Inc., Sprint/United Telephone Company of Texas, Inc., and Sprint/Central Telephone Company 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 3, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9900241

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 1999

The Public Utility Commission of Texas (PUC or commission) has initiated Project Number 20323, Investigation into Possible Amendment of PUC Substantive Rule §23.150(g) . The staff of the commission will hold a workshop regarding the appropriate treatment of Texas Universal Service Fund (TUSF) assessments on services purchased from an incumbent local exchange carrier (ILEC) by a payphone provider. The workshop will be held on Wednesday, February 24, 1999 from 9:00 a.m. until 11:00 a.m. in Hearing Room G, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.

On November 12, 1998, the Texas Payphone Association, Inc. filed a petition to amend PUC Substantive Rule §23.150, Project Number 20088. Specifically, the petition requested that the commission amend PUC Substantive Rule §23.150(g)(5), concerning recovery of assessments, to add payphone providers to the list of retail customers from which telecommunications providers may not recover the amount of its TUSF assessment. The commission denied the petition at its January 12, 1999, open meeting. The commission further directed staff to hold a workshop and report back to the commission on the need for amendment of PUC Substantive Rule §23.150(g).

Prior to the workshop, the commission requests interested persons file comments by 3:00 p.m. Tuesday, February 16, 1999 on the following questions:

1. What current protections preclude a "double assessment" of TUSF charges on purchasers of wholesale services?

2. Are the services purchased from ILECs by payphone providers included in the ILECs' taxable telephone receipts under Chapter 151, Tax Code?

3. Is a payphone provider a retail or wholesale customer of an ILEC? Why?

4. Are ILECs paying TUSF assessments on services provided to payphone providers? If so, state the authority for this assessment.

5. Are ILECs assessing affiliated payphone providers the flow-through cost for the TUSF? If so, state the authority for this assessment.

6. Are payphone providers paying sales tax on the services purchased from ILECs? Please explain.

7. What types of lines are payphone providers purchasing from ILECs? Attach copies of applicable tariffs.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. All responses should reference Project Number 20323. All responses should be limited to ten pages. This notice is not a formal notice of proposed rulemaking, however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

By noon on Monday, February 22, 1999, the staff shall make available in Central Records under Project Number 20323 an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Paul Hudson, Policy Analyst, Office of Policy Development, (512) 936-7210. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9900342

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 19, 1999