Texas Department of Agriculture
Cotton Administrative Penalty Matrix
The Texas Agriculture Code (the "Code"), §12.020 confers administrative
authority upon the department to assess administrative penalties against
a person who violates provisions of Chapter 74 of the Code or a rule adopted
pursuant to this chapter. The department has adopted this penalty guideline
to ensure that its administrative enforcement actions are fair, uniform,
consistent, and appropriate. The penalty guideline as published in the May
3, 1996, issue of the
Texas Register
(21
TexReg 3835) is being amended to ensure a more appropriate penalty based
upon four factors.
The four factors considered when assessing administrative penalties are:
(1) the fruiting status of the cotton plants; (2) the number of days the
field has been out of compliance; (3) the number of acres out of compliance;
and (4) the efforts of the cotton producer to comply with the destruction
deadline. The factors were developed in accordance with the Code §12.020(d)
and with consideration of the purpose and function of the cotton stalk destruction
program. Since boll weevil and pink bollworm development occurs inside fruiting
structures, the department considers a field that has cotton plants with
fruiting structures to pose a greater hazard than plants that do not have
fruiting structures. Additionally, the longer a field is left undestroyed
and the more acres that are not in compliance, the greater the impact on
the number of boll weevils and pink bollworms entering diapause. These insects
represent a threat the following season, not only to the field out of compliance,
but also to neighboring cotton fields.
COTTON PENALTY FORMULA.
In order to assess penalties for failure to destroy cotton stalks or other
host plants by the appropriate destruction deadline, the following penalty
formula will be used: Add the total number of acres out of compliance to
the number of days the field has been out of compliance. Multiply the sum
by a factor of $5.00 for cotton without fruiting structures or a factor of
$7.50 for cotton with fruiting structures. Add the result to a base penalty
of $250 per tract.
The calculation of the number of days a field is out of compliance will
be based upon the status of the cotton plants (unharvested, standing stalks,
shredded stalks, regrowth or volunteer) and the method of destruction required
for the particular cotton stalk destruction zone as set out in 4 Texas Administrative
Code §20.22. In zones with a destruction requirement of shredding
To the extent that the cotton producer brings a portion of the total acreage
into compliance after initial inspection, or if the cotton producer utilized
a properly labeled herbicide to comply with destruction requirements, the
department may reduce the penalty up to 50%.
The department may increase the penalty up to 50% for a history of violations
of the cotton stalk destruction requirements. The department may also make
additional adjustments in the penalty based upon extenuating circumstances
as justice may require.
This penalty guideline is effective immediately upon publication in the
TRD-200005550
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: August 9, 2000
The Texas Department of Agriculture (the department) under the authorization
of the Texas Agriculture Code, Title 2, Chapter 12 §§12.002 and
12.016, and the Texas Organic Standards and Certification, Title 4, Texas
Administrative Code, Chapter 18, § 18.12(b), published the Texas Department
of Agriculture Organic Certification and Standards Materials List (TDA Materials
List), a listing of materials categorized as allowed, allowed with restrictions,
and prohibited for use in organic production and processing in the February
4, 2000, issue of the
Texas Register
. The
TDA Materials List currently states that sulfur must come from naturally
mined sources. However, USDA and other organic certifiers allow elemental
sulfur derived from petroleum and natural gas in addition to sulfur from
naturally mined sources. The following modification to the listing for sulfur
is being published by the department to eliminate this inconsistency with
national organic industry standards.
SULFUR
: (R) CROPS: Occurs naturally in elemental
deposits and is purified from natural gas and petroleum. An acid-forming
element essential to the growth of plants. May be used for correction of
soil alkalinity and as a macronutrient where more buffered sources of sulfur
are not appropriate. Also used as a fungicide for control of plant diseases
such as brown rot, powdery mildew, and scab. Effective insecticide and miticide
for control of such insects as thrips, mites and other rasping-sucking insects.
Allowed for foliar use as an insecticide, fungicide or fertilizer. PROCESSING:
Sulfur powder is prohibited for post- harvest treatment;
This change will prevent Texas organic producers from being at a disadvantage
in relation to organic producers in other states. This change becomes effective
immediately upon publication of the modification in the
Texas Register
. All other materials listed on the TDA Materials List
remain unchanged.
TRD-200005551
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: August 9, 2000
Notice of Consulting Service Contract
The Office of the Attorney General entered into a Consulting services contract
with, Public Sector Personal Consulting, Inc., 4330 N. Civic Center Plaza,
Suite 202, Scottsdale, Arizona 85251- 3350, to assist the Office of the Attorney
General in preparing a model of internal and external salary parity ("Model"),
along with associated support services, including but not limited to: training,
tools, processes, procedures and data, that can be used by the OAG to attract
and retain the most qualified attorney and non-attorney employees. Consultant
will assist in achieving this outcome by studying, advising, recommending,
designing, developing and implementing a useable, practical salary structure.
The Consultant will recommend rates for competitive compensation and the fiscal
impact of such recommendations for the various groups, categories or classifications
of OAG employees. Also, the Consultant will study, advise, recommend, provide
training, design and develop criteria and processes for equitable compensation.
Finally, the Consultant will advise and assist the OAG with the implementation
of the Model.
All documents, films, recordings, or reports that the consultant is required
to present to the agency are due on or before February 28, 2001.
The total value of the contract is not to exceed $95,000 and the services
will begin July 17, 2000, and the services will end no later than August 31,
2001.
For further information, please contact A.G. Younger at (512) 463-2110.
TRD-200005502
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 7, 2000
As part of the Private Real Property Rights Preservation Act enacted in
1995, the Legislature required the Office of the Attorney General to prepare
Guidelines to assist governmental entities in identifying and evaluating those
governmental actions that might result in a taking of private real property.
Those Guidelines were published in the
Texas Register
on January 12, 1996 (21 TexReg 387). The Act also requires the Attorney
General to review the Guidelines at least annually and revise them as necessary
"to ensure consistency with the actions of the legislature and the decisions
of the United States Supreme Court and the supreme court of this state."
This office published notice of its current annual review in the April
21, 2000, issue of the
Texas Register
(25
TexReg 3629), inviting comments or suggestions concerning the Guidelines.
No comments were received from governmental entities. An individual commented,
requesting that the Guidelines clarify the rights of "coastal property owners."
The purpose of the Guidelines is "to assist governmental entities in identifying
and evaluating those governmental actions that might result in a taking of
private real property."
2
The Guidelines are not
designed to serve as a vehicle for furnishing legal advice to individuals.
Regarding the first formulation of a regulatory taking analysis, the Guidelines
advised governmental entities to consider two factors: (1) "whether there
is a 'nexus' between the proposed governmental action and the legitimate public
interest purportedly furthered by the governmental action;" and (2) "whether
there is 'rough proportionality' between the governmental action and the supposed
interest furthered by the governmental action."
3
In 1999 the United States Supreme Court announced that
Dolan's
"rough proportionality" test does not apply when the taking
results from a denial of developmental approval, rather than exactions--land-use
decisions conditioning the approval of development on the dedication of property
to public use.
4
Therefore, when the subject of
the regulatory taking analysis is the denial of developmental approval, the
governmental entity need consider only (1) above. When the subject of the
analysis is an exaction, both
Dolan
factors
continue to apply.
Accordingly, §1.42 is revised to read as follows:
Section 1.42. With respect to the first formulation of the regulatory taking
analysis, assuming a negative impact on a real estate property owner caused
by a proposed governmental action to deny a development permit, it must be
considered whether there is a "nexus" between the proposed governmental action
and the legitimate public interest purportedly furthered by the governmental
action.
5
If the proposed governmental action
constitutes an exaction, it must additionally be considered whether there
is "rough proportionality" between the governmental action and the supposed
interest furthered by the governmental action.
6
1
Tex. Gov't Code Ann. §2007.041(c) (Vernon
Pamphlet 2000).
2
Tex. Gov't Code Ann. §2007.041(a) (Vernon
Pamphlet 2000).
3
Private Real Property Preservation Act Guidelines, §
1.42, 21 TexReg 388 (citing
Dolan v. City of Tigard
, 114 S. Ct. 2309, 2317 (1994).
4
City of Monterey
v. Del Monte Dunes at Monterey, Ltd.
, 119 S.Ct. 1624, 1635 (1999).
5
Id.; see also Dolan
, 114 S.Ct. at 2317.
6
Dolan
, 114
S.Ct. at 2317.
For further information, please call A.G. Younger at (512) 463-2110.
TRD-200005433
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 4, 2000
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under Texas Water Code §7.110.
Before the State may settle a judicial enforcement action under the Texas
Clean Air Act, the State shall permit the public to comment in writing on
the proposed judgment. The Attorney General will consider any written comments
and may withdraw or withhold consent to the proposed agreed judgment if the
comments disclose facts or considerations that indicate that the consent is
inappropriate, improper, inadequate, or inconsistent with the requirements
of the Code.
Case Title and Court:
State of Texas v. Duncan
Thompson Petroleum, Inc., Kenneth Glass, Melvin Sharry, and Brooks Operating
Company, Inc.,
Cause no. GV001864, in the 345
th
Judicial District Court of Travis County, Texas
Nature of Defendant's Operations: Defendants were owners and/or operators
of petroleum storage tanks located at three facilities near the town of Smyrna
in Cass County, Texas. Petroleum contamination from all three facilities had
commingled, and on December 6, 1995, the Texas Natural Resource Conservation
Commission (TNRCC) issued a cleanup Order jointly to the Defendants. The Attorney
General filed suit to enforce the Order. The resulting Agreed Final Judgment
orders Defendants to perform corrective action at the three facilities in
conformance with the TNRCC rules on petroleum storage tanks located at 30
Texas Administrative Code (TAC) Chapter 334.
Proposed Agreed Judgment: The Agreed Final Judgment orders Defendants to
perform corrective action at the three facilities in conformance with the
TNRCC rules on petroleum storage tanks located at 30 Texas Administrative
Code (TAC) Chapter 334, and to pay attorneys fees of $1,500.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Burgess
Jackson, Assistant Attorney General, Office of the Texas Attorney General,
P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For further information, please call A.G. Younger at (512) 463-2110.
TRD-200005508
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: August 8, 2000
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 July 27, 2000, through August 2,
2000:
FEDERAL AGENCY ACTIONS:
Applicant: Hard's Marine Service, LTD; Location: The project is located
along the east shoreline of Old River, south of Interstate 10, east of Sheldon
Road, Channelview, Harris County, Texas. Approximate UTM coordinates: Zone
15; Easting: 296850; Northing: 3295300. CCC Project No.: 00-0266-F1; Description
of Proposed Action: The applicant proposes to construct a fleeting area to
moor 35 to 40 barges. The project will entail erecting approximately 24 steel
or wood 30-inch-diameter mooring pilings along about 2500 feet of the shoreline
to accommodate up to 40 barges over the next 2 years. Type of Application:
U.S.A.C.E. permit application #21991 under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. 403).
Applicant: Davis Petroleum Corporation; Location: The project is located
at State Tracts 139, 140, 141 (N/2), 148, 149, 150, 151, 152, 153, 162, 163,
164, 165, and 166, East Bay, Galveston County, Texas. Approximate UTM coordinates:
Zone 15; Easting: 335000; Northing: 3267000. CCC Project No.: 00-0267-F1;
Description of Proposed Action: The applicant proposes to install, operate,
and maintain structures and equipment necessary for oil and gas drilling,
production, and transportation activities. Such activities include installation
of typical marine barges and keyways, shell and gravel pads, production structures
with attendant facilities, and flowlines. Type of Application: U.S.A.C.E.
permit application #22073 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: Reliant Energy, HL&P; Location: The project would traverse
West Galveston Bay, between Virginia Point and 8 Mile Road, in Galveston,
Galveston County, Texas. Approximate UTM coordinates: Zone 15; Easting: 315200;
Northing: 3242500. CCC Project No.: 00-0268-F1; Description of Proposed Action:
The applicant proposes to install by hydraulic jetting and trenching a 9-inch,
138kv, electrical transmission line. Hydraulic jetting, for 13,200 feet, would
disturb approximately 1.91 acres of bay bottom. The area would be allowed
to return to pre-construction contours by tidal movements and natural soil/water
interactions. Trenching, with temporary sidecasting of trenched materials
would disturb another 0.06 acre, 500 feet, of oyster reef containing bay bottom.
This area would be returned to pre-construction contours by mechanical means.
The applicant selected the route with minimal impact to oyster reefs. Type
of Application: U.S.A.C.E. permit application #22066 under §10 of the
Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: George Buyajian; Location: The project is located at 1027 E.
6th Street, on Dickinson Bay, Galveston County, Texas. Approximate UTM coordinates:
Zone 15; Easting: 313000; Northing: 3264400. CCC Project No.: 00-0269-F1;
Description of Proposed Action: The applicant proposes to place 9 cubic yards
of rip-rap in front of an existing bulkhead. Additionally, the applicant proposes
to install a 500-foot long pier, which includes a 30-foot long by 4-foot wide
T head. Type of Application: U.S.A.C.E. permit application #22037 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: Timothy DeSandro; Location: The project site is located on Galveston
Bay, on the north side of the Texas City Dike, approximately 4.75 miles east
of the landward end of the dike, in Texas City, Galveston County, Texas. CCC
Project No.: 00-0270-F1; Description of Proposed Action: The applicant has
revised project plans to relocate a proposed excursion vessel dock on the
north side of the Texas City Dike. The applicant proposes to spud a 240-by
40-by 6-foot barge and 2, 40-by-7-by 5-foot pontoons, for use as a loading/unloading
dock for an excursion vessel. The water depth at the waterward end of the
dock structure will be approximately-7 to-8 feet mean low tide. No dredging
or fill activities will be performed in association with the proposed project.
The proposed work will not impact any wetlands or vegetated shallows. Type
of Application: U.S.A.C.E. permit application #22005(Rev.) under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Flamingo Isles, LLC; Location: The project site is a 187-acre
tract of land located southwest of the Diversionary Canal and Galveston Bay
intersection, southwest of Tiki Island in Hitchock, Galveston County, Texas.
CCC Project No.: 00-0271-F1; Description of Proposed Action: The applicant
proposes to fill 4.224 acres of interior brackish wetlands, 4.906 acres of
smooth cord grass wetlands, and 0.419 acres of sand flats. In addition, 24.982
acres of deep water habitat will be filled. The applicant also proposes to
dredge 0.159 acres of interior brackish wetlands, 4.104 acres of smooth cord
grass wetlands, and 0.451 acres of sand flats. Furthermore, 44.197 acres of
deep water habitat will be dredged. To compensate for the impacts to waters
of the United States, including wetlands, the applicant proposes to create
marsh, preserve wetlands, enhance on-site water quality, and plant live oak
trees. The applicant will construct a 10-acre, on-site, smooth cord grass
marsh using geo-tubes, rip-rap, and dredged material. In addition to the marsh
creation, the applicant proposes to deed restrict a 185-acre area located
on-site in the southwest section of the property. The applicant also proposes
to include two modifications to the site development plan to enhance on-site
water quality. The applicant proposes to redirect the effluent discharge into
a 47.7-acre freshwater wetland located east of the proposed clubhouse. The
applicant also proposes to install 22 interconnecting culverts, 24 inches
in diameter, between canals. Finally, the applicant proposes to increase species
diversity and avian nesting habitat in the general area by planting 20 mature,
3-inch diameter, live oak trees. Type of Application: U.S.A.C.E. permit application
#22079 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: Michael Pugh; Location: The project is located north of the
Highland Bayou Diversion Canal, on Flamingo Road, south of Texas City, in
Galveston County, Texas. Approximate UTM coordinates: Zone 15; Easting: 307700;
Northing: 324480. CCC Project No.: 00-0272-F1; Description of Proposed Action:
The applicant proposes to excavate a 1,000-foot-long by 100-foot-wide by 10-foot-deep
access channel connecting his private property to the Highland Bayou Diversion
Canal. In addition, the applicant proposes to construct a 100-foot-long by
50-foot-wide by 10-foot-deep boat slip, located adjacent to the proposed channel.
The applicant plans to construct a 560-square-foot boathouse within the proposed
boat slip. Approximately 31,000 cubic yards of material will be mechanically
excavated from uplands to create the channel and boat slip. No wetlands or
vegetated shallows will be impacted by the proposed activity. Type of Application:
U.S.A.C.E. permit application #21899 under §10 of the Rivers and Harbors
Act of 1899 (33 U.S.C.A. 403).
Applicant: Amerada Hess Corporation; Location: The project is located in
the Gulf Safety Fairway crossing Garden Banks Area, Blocks 111 and 155, offshore
Texas, Gulf of Mexico. CCC Project No.: 00-0273-F1; Description of Proposed
Action: The applicant proposes to construct, maintain and operate duel 6-inch
pipelines and an Electric/Hydraulic (E/H) umbilical from a subsea wellhead
in Garden Banks block 200 to Platform 'A' in East Cameron Block 373. The pipelines
and E/H umbilical will be laid on the natural bottom, which ranges in depth
of 660 feet to 1170 feet deep. No dredging or trenching is planned. Type of
Application: U.S.A.C.E. permit application #22114 under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. 403).
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-200005526
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: August 9, 2000
Notice of Withdrawal
In accordance with Chapter 2254, Subchapter B, Texas Government Code, and
Section 403.020, Texas Government Code, the Comptroller of Public Accounts
(Comptroller) hereby withdraws the Request for Proposals (RFP) for consulting
services to conduct a management and performance review of the Conroe Independent
School District.
The notice of the RFP was published in the August 4, 2000, issue of the
TRD-200005528
Pamela Ponder
General Counsel for Contracts
Comptroller of Public Accounts
Filed: August 9, 2000
In accordance with Chapter 2254, Subchapter B, Texas Government Code, and
Section 403.020, Texas Government Code, the Comptroller of Public Accounts
(Comptroller) hereby withdraws the Request for Proposals (RFP) for consulting
services to conduct a
management and performance review of the
North Forest Independent School District.
The notice of the RFP was published in the August 4, 2000, issue of the
TRD-200005530
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: August 9, 2000
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of 08/14/00 - 08/20/00 is 18% for Consumer
1
/Agricultural/Commercial
2
/credit thru
$250,000.
The weekly ceiling as prescribed by §303.003 and §303.09 for
the period of 08/14/00 - 08/20/00 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200005506
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 8, 2000
Request for Proposals Concerning Collecting, Analyzing and Reporting Information to the Texas Education Agency in Monitoring Publicly Funded Education Programs
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-00-048 from nonprofit organizations,
institutions of higher education, private companies, and individuals. Historically
underutilized businesses (HUBs) are encouraged to submit proposals.
Description. The TEA is requesting proposals for identifying and managing
the collection, analysis, and reporting of information to TEA for its monitoring
of local educational agencies to determine overall program quality and effectiveness.
The purpose of this RFP is to solicit and ultimately select proposal(s) with
regard to the identification, employment, and logistical support of contracted
individuals to be utilized during the 2000-2001 school year. Approximately
195 educational entities are scheduled for on-site monitoring of their regular
education and alternative education programs for this upcoming school year
(2000-2001). The activities to be conducted by the contractors are detailed
in the RFP.
Dates of Project. All services and activities related to the RFP will be
conducted within specified dates. Proposers should plan for a starting date
of no earlier than October 1, 2000, and an ending date of no later than May
30, 2001.
Project Amount. The proposer will make an offer based upon 195 sites to
be visited and will be required to submit a detailed budget. The amount available
for this contract is $665,055. This project is funded 100% from TEA funds.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out all requirements contained in the RFP. The TEA
will base its selection on, among other things, the demonstrated competence
and qualifications of the proposer. The TEA reserves the right to select from
the highest ranking proposals those that satisfy the requirements in the RFP.
The TEA is not obligated to execute a resulting contract, provide funds,
or endorse any proposal submitted in response to this RFP. This RFP does not
commit TEA to pay any costs incurred before a contract is executed. The issuance
of this RFP does not obligate TEA to award a contract or pay any costs incurred
in preparing a response.
Requesting the Proposal. A complete copy of RFP #701-00-048 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us.
Please refer to RFP number in your request.
Further Information. For clarifying information about the RFP, contact
Roland Hernandez, Division of Accountability Development and Support, TEA,
(512) 463-9716.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (Central Time), October 2, 2000, to
be considered.
TRD-200005529
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: August 9, 2000
Notice of Invitation for Offers of Consulting Services
In accordance with Chapter 2254, Subchapter B, and §2254.029, Texas
Government Code, the Texas General Land Office (GLO), Asset Management Division,
announces this Notice of Invitation for Offers of Consulting Services to assist
in the successful marketing and disposition of property owned by the Texas
Department of Transportation in Ft. Bend County, Texas.
Description of Services.
The services to
be provided are as follows: the formulation and design of the business structure
of the transaction, the design of bid packages, an evaluation of the impact
on the value of the property in the event of annexation by the City of Sugar
Land, and an evaluation of bids submitted for the purchase of the tracts.
Agency Contact.
Requests for a copy of the
Invitation for Offers should be directed to Jeff Boudreau, Land Development
Manager, Texas General Land Office, 1700 N. Congress Avenue, Austin, Texas
78701-1495; by phone (512) 463-3294; by e-mail jamesbourdrea@glo.state.tx.us;
or by fax (512) 463-9042.
Closing Date.
The closing date for receipt
of all offers is September 18, 2000, at 5:00 p.m. An original and 5 copies
must be submitted. Delivery must be by mail or hand-delivery to Debby French,
Director of Purchasing, Texas General Land Office, 1700 N. Congress, Room
810, Austin, Texas 78701-1495. Faxed offers will not be accepted.
Evaluation and Selection.
The services requested
will require extensive experience in the Houston real estate market. The successful
bidder will possess specific knowledge and understanding of the Ft. Bend County
real estate market and will be required to demonstrate experience in the following
areas: Land Development/Land Use, specifically: Residential land uses, including
single- and multi-family development, dispersed price points, mixed densities
and prices within single developments; commercial land development analysis,
including retail, office and industrial uses; master-planned communities and
other mixed-use projects in the Sugar Land/Ft. Bend County area; conceptual
land use analysis of large acreage properties for owners and potential investors/buyers;
and special land use evaluations, including golf courses, parks and other
special purpose uses.
Specific Work Experience:
Land use studies,
including current analyses, short- and long-term projections of future land
development concentrations, area economic and demographic projections and
absorption estimates, land use restrictions, and environmental impacts on
developability; market feasibility analyses based on current and projected
long-term market conditions for each land use type individually and for mixed-use
developments; financial feasibility analyses including project financing,
public-private joint efforts and financing and long-term project financial
models which include all capital and operating costs with estimates of revenues
and reversion values that indicate annual and overall project financial performance;
general consulting services for property owners as well as property buyers,
investors and developers.
Given the size and potential complexity of this project, the successful
bidder should possess sufficient resources and financial strength to ensure
its complete objectivity and independence in developing its analysis and providing
its opinions and conclusions.
The General Land Office will assemble an Evaluation Committee to review,
evaluate and rank offers. No information will be provided as to the status
of offers while offers are being evaluated. All offers will be evaluated based
on the criteria listed above.
TRD-200005507
Larry R. Soward
Chief Clerk
General Land Office
Filed: August 8, 2000
Licensing Action for Radioactive Materials
The Texas Department of Health has taken actions regarding Licenses for
the possession and use of radioactive materials as listed in the tables.
The subheading "Location" indicates the city in which the radioactive material
may be possessed and/or used. The location listing "Throughout Texas" indicates
that the radioactive material may be used on a temporary basis at job sites
throughout the state.
[graphic]
[graphic]
[graphic]
In issuing new licenses and amending and renewing existing licenses, the
Texas Department of Health, Bureau of Radiation Control, has determined that
the applicants are qualified by reason of training and experience to use the
material in question for the purposes requested in accordance with Title 25
Texas Administrative Code (TAC) Chapter 289 in such a manner as to minimize
danger to public health and safety or property and the environment; the applicants'
proposed equipment, facilities and procedures are adequate to minimize danger
to public health and safety or property and the environment; the issuance
of the license(s) will not be inimical to the health and safety of the public
or the environment; and the applicants satisfy any applicable requirements
of 25 TAC Chapter 289.
This notice affords the opportunity for a hearing on written request of
a licensee, applicant, or "person affected" within 30 days of the date of
publication of this notice. A "person affected" is defined as a person who
is a resident of a county, or a county adjacent to the county, in which the
radioactive materials are or will be located, including any person who is
doing business or who has a legal interest in land in the county or adjacent
county, and any local government in the county; and who can demonstrate that
he has suffered or will suffer actual injury or economic damage. A licensee,
applicant, or "person affected" may request a hearing by writing Richard A.
Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control
Program), Texas Department of Health, 1100 West 49th Street, Austin, Texas
78756-3189. For information call (512) 834-6688.
TRD-200005524
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: August 9, 2000
Multifamily Housing Revenue Bonds (Ash Creek Apartments) Series 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at Casa View Branch Library,
10355 Ferguson Road, Dallas, Texas 75228, at 6:00 p.m. on Wednesday, September
6, 2000, with respect to an issue of tax-exempt multifamily residential rental
project revenue bonds in the aggregate principal amount not to exceed $17,500,000
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 a nonprofit subordinate of The American Opportunity Foundation, Inc., a
nonprofit corporation (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: 280 unit multifamily
residential rental development to be constructed on approximately 17.034 acres
of land located at 2653 John West Road, in Dallas, Dallas County, Texas 75228.
The Project will be owned and operated by the Borrower or a related entity.
The Project will be managed initially by Capstone Real Estate Services, Inc.
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 Stephen Apple, at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3357.
Persons who intend to appear at the hearing and express their views are
invited to contact Stephen Apple, in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Stephen Apple, prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, 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-200005522
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 9, 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department"), formerly scheduled for
August 24, 2000, at 6:00 p.m. at Parker Williams Branch Library, is now scheduled
for 6:00 p.m. on Wednesday, August 30, 2000, at Parker Williams Branch Library,
10851 Scarsdale Boulevard, in Houston, Texas 77089, with respect to an issue
of tax-exempt multifamily residential rental project revenue bonds in the
aggregate principal amount not to exceed $12,750,000 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 Highland Meadow
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: 250 unit multifamily
residential rental development to be constructed on approximately 15.98 acres
of land located at the 10900 Block of Highland Meadow Village Drive, Houston,
Texas 77089. Highland Meadow Village Drive is approximately 1 mile north of
the Intersection of Scarsdale Boulevard and Beamer Road, south of Beltway
8 and Interstate 45. The Project will be owned and operated by TCR Highland
Meadow 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 Esteves, 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.
p://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-200005520
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 9, 2000
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at Samuel Grand Recreation
Center, 6200 Grand Avenue, Dallas, Texas 75223, at 6:00 p.m. on September
7, 2000, with respect to an issue of tax-exempt multifamily residential rental
project revenue bonds in the aggregate principal amount not to exceed $12,790,000
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 Green Bridge Development Corporation, a Texas nonprofit corporation (or
a related person or affiliate thereof) (the "Borrower"), to finance a portion
of the acquisition, renovation and equipping of a multifamily housing project
(the "Project") described as follows: 252 unit multifamily residential rental
development constructed on approximately 6.83 acres of land located at 7440
La Vista Drive, in Dallas, Dallas County, Texas 75214. The Project will be
owned and operated by Green Bridge Development Corporation or a related entity.
The Project will be managed by REOC Property Services, LLC.
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 Esteves, 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-200005521
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 9, 2000
Manufactured Housing Division
Wednesday, August 23, 2000, 1:00 p.m.
State Office of Administrative Hearing, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Texas
Department of Housing and Community Affairs vs. David Junell dba A & M
Mobile Home Service to hear alleged violations of Sections 7(d)(e)(f) and
13(f) of the Act and Section 80.123(e)(1) of the Rules regarding installation
of a manufactured home without obtaining, maintaining or possessing a valid
installer's license, not applying for an installer's license and not obtaining
the required bond prior to entering into an agreement to install a used manufactured
home. SOAH 332-00-1838. Department MHD1999001903UI.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-3589.
TRD-200005552
Daisy Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: August 9, 2000
Open Solicitation #2 for Parmer County
Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and
40 TAC §19.2324, the Texas Department of Human Services (TDHS) is announcing
an open solicitation period of 30 days (starting the date of this public notice)
for the construction of a 90-bed nursing facility in
Parmer County, County # 185
, identified in the
June 9, 2000
, issue of the
Texas Register
(
25 TexReg 5733
). Medicaid contracted
nursing facility occupancy rates in Parmer County exceed the threshold (90%
occupancy) in each of six months in the continuous period of
July 1999 through December 1999
. The county occupancy rates for each
month of that period were:
93.1%, 91.5%, 91.7%, 94.7%,
94.0%, 94.3%
. Potential contractors seeking to construct a 90- bed
nursing facility in a high-occupancy area must demonstrate a history of quality
care, as specified in §19.2322(d) of this title (relating to Allocation,
Reallocation and Decertification Requirements). This rule does not eliminate
a new potential Nursing Facility Operator (NFO) who has no history of providing
care. The NFO must submit a written reply (as described in 40 TAC §19.2324)
to TDHS, Joe D. Armstrong, Facility Enrollment Section, Long Term Care-Regulatory,
Mail Code (E-342), P.O. Box 149030, Austin, Texas 78714-9030. The written
reply must be received by TDHS before the close of business September 18,
2000, the published ending date of the open solicitation period. Potential
contractors who reply as specified above will be allowed 90 days to qualify.
To qualify, potential contractors must demonstrate an intent and ability to
begin construction of a facility and complete contracting within specified
time frames. They must submit a letter of application to TDHS with the following
documentation: First, there must be acceptable written documentation showing
the ownership of or an option to buy the land on which the proposed facility
is or will be located. Second, documentation must include a letter of finance
from a financial institution. Third, documentation must include a signed agreement
stating that, if selected, the potential contractor will pay liquidated damages
if either the 12-month and/or the 24-month deadline(s) described in 40 TAC §19.2324(10)
are not met. The signed agreement must also require the potential contractor
to provide, within 10 working days after the date of selection, a surety bond
or other financial guarantee acceptable to TDHS ensuring payment in the event
of default. If the 12-month deadline is not met, liquidated damages are 5%
of the estimated total cost of the proposed or completed facility. If the
24- month deadline is not met, liquidated damages are an additional 5% of
the estimated total cost of the proposed or completed facility. If two or
more potential contractors become eligible to be qualified during the open
solicitation period, there will be a lottery selection. Each application must
be complete at the time of its receipt. If no potential contractors submit
replies during this open solicitation period, TDHS will place another public
notice in the
Texas Register
announcing the
reopening of the open solicitation period until a potential contractor replies.
TRD-200005523
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: August 9, 2000
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application to change the name of CHATHAM REINSURANCE CORPORATION to MAPFRE
REINSURANCE CORPORATION, a foreign fire and casualty company. The home office
is in San Francisco, California.
Application to change the name of PARTNERRE LIFE INSURANCE COMPANY OF THE
U.S. to SCOR LIFE U.S. RE INSURANCE COMPANY, a domestic life company. The
home office is in Dallas, Texas.
Application to change the name of WHITE MOUNTAINS INSURANCE COMPANY to
MOUNTAIN VALLEY INDEMNITY COMPANY, a foreign fire and casualty company. The
home office is in Manchester, New Hampshire.
Application to change the name of HARBOURTON REASSURANCE, INC. to SCOTTISH
RE (U.S.), INC., a foreign life company. The home office is in Wilmington,
Delaware.
Application for admission to the State of Texas by ARAG INSURANCE COMPANY,
a foreign prepaid legal company. The home office is in Des Moines, Iowa.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas 78701. I
TRD-200005531
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: August 9, 2000
On August 7, 2000, in order number 00-0939, the Commissioner of Insurance
adopted amendments to the Texas Automobile Insurance Plan Association, Plan
of Operation.
For copies of Commissioner's order number 00-0939 and the amendments to
the Texas Automobile Insurance Association Plan of Operation, contact Sylvia
Gutierrez at (512) 463-6327 (refer to file number A-0600-14).
TRD-200005516
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: August 8, 2000
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Doral Therapy Services, LLC, a foreign
third party administrator. The home office is Mequon, Wisconsin.
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-200005517
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: August 8, 2000
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for admission to Texas of Workup, LLC, a foreign third party
administrator. The home office is Portland, Maine.
Application for incorporation in Texas of Frontier General Insurance Agency,
Inc., a domestic third party administrator. The home office is Fort Worth,
Texas.
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-200005518
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: August 8, 2000
Invitation to Comment
The Texas Natural Resource Conservation Commission (TNRCC or commission)
announces the availability of the draft July 2000 Update to the Water Quality
Management Plan for the State of Texas.
The Water Quality Management Plan (WQMP) is developed and promulgated pursuant
to the requirements of the Federal Clean Water Act (CWA), §208. The draft
July 2000 WQMP Update includes projected effluent limits of indicated domestic
dischargers useful for water quality management planning in future permit
actions. Once the commission or executive director certifies a WQMP update,
the update is submitted to the United States Environmental Protection Agency
(EPA) for approval. For some Texas Pollutant Discharge Elimination System
(TPDES) permits, EPA's approval of a corresponding WQMP update is a necessary
precondition to TPDES permit issuance by the commission. The draft July 2000
WQMP Update also contains service area populations for listed wastewater treatment
facilities, and documentation of Designated Management Agency resolutions.
A copy of the draft July 2000 Update may be found on the TNRCC's web page,
the web address is http://www.tnrcc.state.tx.us/water/quality/wqmp. A copy
of the draft may also be viewed at the TNRCC Library located at the Texas
Natural Resource Conservation Commission, Building A, 12100 Park 35 Circle,
North Interstate 35, Austin, Texas.
Written comments on the draft July 2000 Update to the Water Quality Management
Plan shall be submitted to Ms. Suzanne Vargas, Texas Natural Resource Conservation
Commission, Water Permits and Resource Management Division, MC-150, P.O. Box
13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420,
but must be followed up with the submission and receipt of the written comments
within three working days of when they were faxed. Written comments must be
submitted no later than 5:00 p.m. on September 18, 2000. For further information
or questions, please contact Ms. Vargas at (512) 239-4619 or by e-mail at
svargas@tnrcc.state.tx.us.
TRD-200005519
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: August 9, 2000
Notice is given that SABINE MINING COMPANY, 6501 Farm Road 968 West, Hallsville,
Texas 75650, applicant, seeks a water use permit pursuant to §11.121,
Texas Water Code, and Texas Natural Resource Conservation Commission Rules
30 TAC §295.1, et seq. The applicant seeks authorization to divert and
use 100 acre-feet or water per annum, at a maximum diversion rate of 2.67
cfs (1200 gpm) from the perimeter of a proposed dam and reservoir to be constructed
on an unnamed tributary of Potters Creek, tributary of the Sabine River, Sabine
River Basin, approximately 9.3 miles southwest of Marshall in Harrison County,
Texas. The reservoir (S1) will be a sediment control pond included in a surface
coal mining operation which is exempt from the need of a water use permit
pursuant to Texas Water Code §11.142(c). The impoundment will have a
surface area of approximately 15.8 acres and a capacity of 45 acre-feet at
the normal operating level. The diverted water will be used for industrial
(dust suppression and road building) purposes. The applicant intends to remove
the embankment forming the reservoir at the cessation of mining activities.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, within 30 days of the date of newspaper publication of the notice.
A public meeting is intended for the taking of public comment, and is not
a contested case hearing. A public meeting will be held if the Executive Director
determines that there is a significant degree of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a
written hearing request is filed within 30 days from the date of newspaper
publication of this notice. The Executive Director may approve the application
unless a written request for a contested case hearing is filed within 30 days
after newspaper publication of this notice. To request a contested case hearing,
you must submit the following: (1) your name (or for a group or association,
an official representative), mailing address, daytime phone number, and fax
number, if any; (2) applicant's name and permit number; (3) the statement
"[I/we] request a contested case hearing;" (4) a brief and specific description
of how you would be affected by the application in a way not common to the
general public; and (5) the location and distance of your property relative
to the proposed activity. You may also submit proposed conditions to the requested
extension of time which would satisfy your concerns. Requests for a contested
case hearing must be submitted in writing to the Office of the Chief Clerk
at the address provided in the information section below. If a hearing request
is filed, the Executive Director will not grant the application and will forward
it and hearing request to the TNRCC Commissioners for their consideration
at a scheduled Commission meeting.
Written hearing requests, public comments, or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200005554
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: August 9, 2000
Joint Agreement of GTE Southwest, Inc., and Southwestern Bell Telephone Company, et. al., to Provide Optional, Two-Way, Extended Metropolitan Service
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a joint agreement on July 25, 2000, seeking approval
of two-way, optional, Extended Metropolitan Service (EMS) from the Hitchcock/Santa
Fe Exchanges to the Houston Metropolitan Exchange, and the Exchanges of Alvin,
and Liverpool, pursuant to P.U.C. Substantive Rule §26.217(b)(8).
Project Title and Number: Joint Agreement of GTE Southwest, Inc., and Southwestern
Bell Telephone Company,
et.al.
, to Provide
Optional, Two-Way, Extended Metropolitan Service (EMS) from the Hitchcock/Santa
Fe Exchanges to the Houston Metropolitan Exchange, and the Exchanges of Alvin,
and Liverpool, Pursuant to P.U.C. Substantive Rule §26.217(b)(8), Project
Number 22825.
The Joint Petition and Agreement: The proposed plan is an optional offering
to which GTE Southwest, Inc. residence and business local exchange customers
within the Hitchcock/Santa Fe exchanges will be able to call all other telephone
customers within the calling area for a monthly flat rate. The calling area
consists of the following: All zones of the Houston Metropolitan Exchange,
and the Alvin, and Liverpool exchanges served by Southwestern Bell Telephone
Company; the Humble, Atascocita, Kingwood, and Porter exchanges served by
Sprint/United Telephone Company; the Sugar Land exchange served by Alltel
Communications, Inc.; and the Huffman, Crosby, Stafford, and Arcola exchange
served by GTE Southwest, Inc.
The joint applicants have requested that the joint agreement filing be
processed administratively pursuant to P.U.C. Substantive Rule §26.217(b)(8).
Persons who wish to intervene in the proceeding or comment upon action sought
should contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or call the commission's Office of Customer
Protection at (512) 936-7120 by September 18, 2000. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136.
TRD-200005509
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 8, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on August 1, 2000, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of Vitts Networks, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 22867 before the
Public Utility Commission of Texas.
Applicant intends to provide all forms of local and interexchange telecommunications,
including, but not limited to, Digital Subscriber Line, ISDN, and T1-Private
Line services.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by Southwestern Bell Telephone Company and Verizon Southwest
(formerly known as GTE Southwest, Inc.).
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than August 23, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200005394
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 2, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on August 3, 2000, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of Tattleltel, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 22876 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, Digital Subscriber
Line, ISDN, T1- Private Line, Switch 56 KBPS, Frame Relay, Fractional T1,
long distance and wireless services.
Applicant's requested SPCOA geographic area is believed to be those areas
of Texas comprising the Amarillo, Dallas, and San Antonio Local Access and
Transport Areas. Clarification on the service area is pending.
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 August 23, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200005501
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 7, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on August 7, 2000, for a service provider
certificate of operating authority (SPCOA), pursuant to §§54.151-54.156
of the Public Utility Regulatory Act (PURA). A summary of the application
follows.
Docket Title and Number: Application of Small Town Advanced Communications,
LLC for a Service Provider Certificate of Operating Authority, Docket Number
22886 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, Digital Subscriber
Line, T1-Private Line, Fractional T1, and long distance services.
Applicant's requested SPCOA geographic area includes the area of Texas
comprising the Austin, and San Antonio Local Access and Transport Areas, and
the San Angelo Service Marketing Area.
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 August 23, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200005510
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 8, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 28, 2000, pursuant to P.U.C.
Substantive Rule §26.208 for approval of a tariff correction.
Tariff Title and Number: Application of Central Telephone Company of Texas,
Inc. doing business as Sprint to Revise the General Customer Services Tariff
and the IntraLATA Services Tariff, Pursuant to P.U.C. Substantive Rule §26.208.
Tariff Number 22864.
The Application: Central Telephone Company of Texas, Inc. doing business
as Sprint (Sprint) is filing this correction to clarify current local calling
scopes, remove references to obsolete or grandfathered services and make other
miscellaneous clean-up revisions.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 or (888)
782-8477. Hearing- and speech- impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. Please reference Tariff Number 22864.
TRD-200005499
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 7, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 28, 2000, pursuant to P.U.C.
Substantive Rule §26.208 for approval of a tariff correction.
Tariff Title and Number: Application of United Telephone Company of Texas,
Inc. doing business as Sprint to Revise the General Exchange Tariff, Local
Exchange Tariff, and the IntraLATA Services Tariff, Pursuant to P.U.C. Substantive
Rule §26.208. Tariff Number 22865.
The Application: United Telephone Company of Texas, Inc. doing business
as Sprint (Sprint) is filing this correction to clarify current local calling
scopes, remove references to obsolete or grandfathered services and make other
miscellaneous clean-up revisions.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 or (888)
782-8477. Hearing- and speech- impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. Please reference Tariff Number 22865.
TRD-200005500
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 7, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on August 3, 2000, to amend a certificated
service area boundary in Cameron County pursuant to §§14.001, 37.051,
and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities
Code Annotated (Vernon 1998 & Supplement 2000) (PURA). A summary of the
application follows.
Docket Style and Number: Application of the Public Utilities Board of the
City of Brownsville, Texas (BPUB) and Central Power and Light Company (CPL)
to Amend Certificated Service Area Boundaries Within Cameron County. Docket
Number 22875.
The Application: This service area exception is necessary to allow BPUB
to provide electric service to Pine Creek Development L.L.C., owner of a 36+-acre
tract and R.E.C.L. Limited Partnership, owner of a 234-acre tract. The area
is bounded on the north by Naranjo Road, on the west by the US 77/US 83 Expressway
and on the south and east by vacant range/farm land and has recently been
annexed by the City of Brownsville. The land is unimproved at this time and
no electric service is being provided. CPL is presently singly certificated
to the area. BPUB will be providing water and wastewater service to the subdivision.
CPL presently has a small three-phase distribution line parallel to Highway
511, north of the area. CPL also has a small single-phase distribution line
east of the area parallel to Old Alice Highway. In order to serve the facility,
BPUB will extend a heavy three-phase distribution line from its Titan Substation
north to FM 511, west along FM 511 to Old Alice Road and south on Old Alice
Road to Pine Creek Subdivision. This case shall be processed under the following
deadlines.
Copies of the application and additional associated maps are available
for review at BPUB's offices at 1425 Robin Hood Drive, Brownsville, Texas
or in the offices of Davidson & Troilo, P.C., 7550 IH 10 West, Suite 800,
San Antonio, Texas. Persons with questions about this project should contact
John W. Davidson at (210) 349-6484.
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 or
(888) 782-8477. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. The deadline for intervention in the proceeding will be established.
The commission should receive a letter requesting intervention.
TRD-200005512
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 8, 2000
The staff of the Public Utility Commission of Texas (commission) will host
a workshop to discuss a rulemaking to amend §26.34,
Telephone Prepaid Calling Services
and address financial requirements
for prepaid calling services companies and notification requirements to protect
the public interest. Project Number 22777 has been established for this proceeding.
The workshop will be held on Tuesday, August 29, 2000, beginning at 9:30 a.m.
in the Commissioners' Hearing Room on the 7th floor of the William B. Travis
Building, 1701 North Congress Avenue, Austin, Texas 78701.
Through this workshop, the commission will gather information from interested
persons on PURA §17.001, and the issue of financial resources necessary
for prepaid calling services companies to provide adequate service and notifications
necessary to protect the public interest. The workshop agenda will be confined
solely to these issues.
On or before August 22, 2000, the commission will file an agenda for the
workshop and a draft rule for discussion at the workshop, which will be available
in Central Records and on the project web site. Copies of the agenda and draft
rule will also be available at the workshop.
Questions about Project Number 22777 may be referred to Thelma De Leon,
Customer Protection Division, (512) 936-7117, thelma.deleon@puc.state.tx.us.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200005511
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: August 8, 2000
Request for Proposal
Texas A&M University requests proposals from consulting firms/contractors
qualified to serve as Senior Consultant and Editor of an Institutional Self-Study
for the Texas A&M University Health Science Center. Interested firms should
be thoroughly versed and experienced in Institutional Self-Studies.
Information can be obtained from Mary Sue Gold Water, Assistant Director
of Purchasing Services, Texas A&M University, P.O. Box 30013, College
Station, Texas 77842-0013. Ms. Goldwater can be reached at (979) 845-4579
or e-mail ms-goldwater@tamu.edu. Proposals from interested firms/contractors
should be directed to her attention at the above address.
Selection criteria will include competence, experience, knowledge and qualifications
in the area of editing and consulting. Historically Underutilized Businesses
are encouraged to participate in this request for proposal. All things being
equal, a preference will be given to a consultant firm whose principal place
of business in within the State of Texas.
TRD-200005445
Vickie Burt Spillers
Executive Secretary to the Board
The Texas A&M University System, Board of Regents
Filed: August 7, 2000
Request for Proposal
The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is
seeking proposals from qualified firms to conduct the Regional Corridor Plan
Study.
A copy of the Request for Proposals (RFP) may be requested by calling Jeanne
Geiger, Senior Transportation Planner, at (210) 227-8651. Anyone wishing to
submit a proposal must do so by 12:00 p.m. (CDT), Friday, September 15, 2000
at the MPO office:
Janet A. Kennison, Administrator Metropolitan Planning Organization 1021
San Pedro, Suite 2200 San Antonio, Texas 78212
The contract award will be made by the MPO's Transportation Steering Committee
based on the recommendation of the project's consultant selection committee.
The Regional Corridor Plan Consultant Selection Committee will review the
proposals based on the evaluation criteria listed in the RFP.
Funding for this study, in the amount of $250,000, is contingent upon the
availability of Federal transportation planning funds.
TRD-200005553
Janet A. Kennison
Administrator
San Antonio-Bexar County Metropolitan Planning Organization
Filed: August 9, 2000
Request for Proposals
The Texas Veterans Land Board (TVLB) is seeking proposals from entities
(Operators) desiring to participate in the management and operation of up
to four Texas State Veterans Homes. The TVLB has selected sites and is currently
constructing four Veterans Homes in four different cities in Texas--Temple,
Floresville, Bonham and Big Spring--(collectively, the Veterans Homes). Proposals
should be submitted for the management and operation of any individual site
or any combination (2, 3, or 4) of the four sites. The TVLB will consider
proposals submitted by firms, joint ventures or other business arrangements
whereby the Operator provides the operation and management services to the
Veterans Home(s). The terms of the agreement that may be awarded as a result
of the Request For Proposals (RFP), the contents of the RFP and the Operator's
Proposal will require the Veterans Homes to be managed and operated as skilled
nursing care facilities certified by the Texas Department of Human Services
for Alzheimer's care. At least 75% of the residents will be Texas Veterans
of the United States Armed Services and up to 25% may be spouses or surviving
spouses of a Veteran.
Through the RFP, the TVLB intends to retain one or more experienced and
qualified firms to manage and operate the Veterans Homes pursuant to a Management
and Operations Agreement.
A complete copy of the RFP can be obtained by contacting Robin von Rosenberg,
Texas Veterans' Homes, Veterans' Land Board, P.O. Box 12873, Austin, Texas
78711-2873, (512) 475-2336.
The RFP contains pertinent information concerning the preparation and submission
of proposals, an explanation of how all proposals will be evaluated, and the
terms of the agreement(s) that may be awarded as a result of the RFP. Operators
with experience managing health care facilities are invited to submit proposals
for consideration.
Proposers shall submit
7
copies of the proposal
to: Texas Veterans Land Board, Attention: Larry R. Soward, P. O. Box 12873,
Austin, Texas 78711-12873, or 1700 North Congress Avenue, Room 837, Austin,
Texas 78701.
ALL PROPOSALS MUST BE RECEIVED NO LATER
THAN 10:00 A.M. C.D.T. ON AUGUST 28, 2000.
Incomplete proposals or
proposals received after the specified time will not be accepted. Faxed or
e-mailed copies of the proposal will not be accepted.
A question and answer conference for all potential Proposers to the RFP
will be held at 9:00 a.m. C.D.T. on August 16, 2000, at the Stephen F. Austin
State Office Building, 1700 N. Congress Avenue, Room 831, Austin, Texas. Please
notify the TVLB by fax (512) 463-5248, or e-mail (larry.soward@glo.state.tx.us)
if you plan to attend this optional conference. Any Proposer who would like
to tour the first completed Texas State Veterans Home in Temple, Texas is
requested to notify the TVLB in the same manner.
TRD-200005503
Larry R. Soward
Chief Clerk, General Land Office
Veterans Land Board
Filed: August 7, 2000
Notice of Conference 4th Annual Texas Workforce Conference
A. CONFERENCE INFORMATION
The Texas Workforce Commission (TWC) is hosting its 4th Annual Texas Workforce
conference in Houston, Texas on September 6th, 7th, and 8th, at the Westin
Galleria Hotel. Conference attendance is expected to be 750-1000, and will
include board members from each of the 28 Local Workforce Development Boards,
board directors and staff, employers, workers and other interested community
members.
B. EXHIBITORS
Exhibitors are invited to participate in the conference. The conference
exhibit area will be the site of an evening reception on the first day of
the event to showcase exhibitors' services and products. The exhibit area
will also serve as the refreshment center for attendees throughout the conference.
Non-profit organizations may purchase booth rentals at a reduced fee. Details
are on the registration form.
C. FOR INFORMATION
For information on booth availability, rates, and registration forms,
please contact Jim Moore at (512) 936-2509 or email your request to jim.moore@twc.state.tx.us
D. ROOM, RESERVATIONS
A block of rooms has been reserved for TWC at the Westin Galleria and
the partnering hotel, Houston Oaks. Calling the hotels at (713) 960-8100 can
access reservation.
TRD-200005514
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: August 8, 2000
A. PROPOSAL DESCRIPTION
The Texas Workforce Commission (the Commission) is soliciting proposals
from contractors to develop and administer Customer Satisfaction Surveys.
This Request for Proposals invites applicants to submit proposals, to develop,
and administer surveys for customers of the Commission, both clients and employers.
The surveys will assess customer satisfaction with Commission programs.
B. AUTHORIZATION TO AWARD CONTRACT
The Commission is authorized to issue this RFP and award contracts under
its general authority in Texas Labor Code §302.002(b).
C. AVAILABLE FUNDING
Funding will be available for the public opinion contract for the 12-month
period beginning October 16, 2000, to run through October 15, 2001.
D. ELIGIBLE APPLICANTS
Applicants submitting proposals must complete a Request for Proposal (RFP)
Package and provide required documentation as requested in the application
in order to be considered eligible.
E. PROJECT SCHEDULE
Application submission deadline is September 26, 2000. The anticipated
contract effective date is October 16, 2000.
F. SCORING CRITERIA
The evaluation criteria for this RFP and their relative weights for scoring
are: Demonstrated Past Experience, 35 points; Project Administration, 15 points;
Cost Reasonableness, 30 points; Coordination, 5 points; Financial Integrity/Cash
Flow, 15 points.
G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS
The Commission will use competitive negotiation to determine awards. Proposals
will be evaluated and tentatively ranked by the Commission. Applicants submitting
superior proposals may be invited to make oral presentations to the Commission
H. PAYMENT
The basis of payment for this award shall be reimbursement of actual allowable
cost up to budgeted levels and subject to budget limitations.
I. TEXAS WORKFORCE COMMISSION'S CONTACT PERSON
For further information and to request a package for RFP # PPRD 00-15,
contact Lucinda Anderson, Program Specialist, Texas Workforce Commission,
Room 440T, 101 East 15th Street, Austin, Texas 78778-0001, (512) 936-2613,
fax (512) 936-3420, e-mail address lucinda.anderson@twc.state.tx.us
TRD-200005515
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: August 8, 2000
TDA Organic Certification and Standards Materials List - Modification
Office of the Attorney General
Notice Regarding Private Real Property Rights Preservation Act (SB14) Guidelines
Texas Clean Air Act Enforcement Settlement Notice
Coastal Coordination Council
Comptroller of Public Accounts
Notice of Withdrawal
Office of Consumer Credit Commissioner
Texas Education Agency
General Land Office
Texas Department of Health
Texas Department of Housing and Community Affairs
Multifamily Housing Revenue Bonds (Highland Meadow Village Apartments) Series 2000 (Amended Notice of Public Hearing)
Multifamily Housing Revenue Bonds (Williams Run Apartments) Series 2000
Notice of Administrative Hearing
Texas Department of Human Services
Texas Department of Insurance
Notice
Third Party Administrator Applications
Third Party Administrator Applications
Texas Natural Resource Conservation Commission
Notice of Water Rights Application
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application Pursuant to P.U.C. Substantive Rule §26.208
Notice of Application Pursuant to P.U.C. Substantive Rule §26.208
Notice of Application to Amend Certificated Service Area Boundaries
Public Notice of Workshop on Rulemaking to Amend §26.34, Telephone Prepaid Calling Services
The Texas A&M University System, Board of Regents
San Antonio-Bexar County Metropolitan Planning Organization
Veterans Land Board
Texas Workforce Commission
Request for Proposals Customer Satisfaction Survey