TITLE in-addition

Texas Department of Agriculture

Handling and Marketing of Perishable Commodities Administrative Penalty Matrix

The Texas Department of Agriculture (the department) is publishing the following Handling and Marketing of Perishable Commodities Administrative Penalty Matrix to inform the regulated public. This matrix has been developed to provide consistent, uniform, and fair penalties for violations of Chapters 101, and 103 of the Texas Agriculture Code (the Code). The department's authority for the enforcement of Chapters 101, and 103 is found in the Code, §12.020, whereby the department may assess administrative penalties up to a maximum of $500 for each violation. Each day that a violation continues or occurs may be considered a separate violation for purposes of assessing administrative penalties.

This matrix is based on current information. As the enforcement of these types of violations continues and additional data are gathered, the matrix will be reviewed and, if need be, adjusted to reflect any changes in the information upon which the current matrix is based. This matrix is effective immediately upon its publication in the Texas Register .

For each type of offense there is a penalty range for initial violations. The range increases for subsequent violations. The ranges were established by considering the criteria set forth in the Code, §12.020(d): (1) The seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited acts; (2) the history of previous violations; (3) the amount necessary to deter future violations; (4) efforts to correct the violation; and (5) any other matter as justice may require.

The Texas Legislature has given the department the responsibility for ensuring that produce dealers and retailers obtain proper licensing or registration in order to handle and market Texas grown perishable commodities.

The low end of each range is the presumptive base penalty for each violation, and represents an appropriate penalty for violations which are considered "minor" with respect to the criteria in the Code, §12.020(d). Penalties may be increased to the maximum within each range as the department considers the facts of each violation in light of the criteria in the Code, §12.020(d). These factors will be considered on a case-by-case basis and the penalty may be adjusted as justice may require.

PENALTIES.

(1) Records Violations for which a penalty will be assessed:

(a) failure to make records available, or denial of access to business records, storage facilities, or other related operations, during normal business hours for the purpose of conducting inspections and/or investigations, in violation of §§101.016, and 101.018, of the Code.

(b) failure of a licensee to keep records of purchases or to make them available for inspection in violation of §101.016 of the Code; and

(c) failure of a licensee to provide a complete and accurate record of sale showing date of sale, the person to whom sold, the grade, selling price, and an itemized statement of expenses including amount of commission, and/or failure to provide records of sales upon demand before the 11th day following the date of demand in violation of §101.017 of the Code.

(2) Violations relating to operating without a valid License/Registration/Agent Card for which a penalty will be assessed:

(a) buying, selling or handling Texas grown perishable commodities without a valid license or a registration, in violation of §§101.003, 101.004, 101.008, and 101.012, of the Code;

(b) licensee, registrant, or agent attempts to transfer a license, registration, or agent card in violation of §101.011 of the Code;

(c) failure of license or registration applicant to provide truthful information regarding revocation or suspension of a previous license or registration in violation of § 101.005 of the Code; and

(d) failure of a buying or transporting agent to possess a buying or transporting agent card on behalf of the licensee, in violation of §101.010 of the Code.

(3) Produce Recovery Fund violations for which a penalty will be assessed:

(a) filing a false claim, in violation of §103.014 of the Code;

(b) failure of licensee to reimburse the Fund, and/or the aggrieved party, in violation of §103.009 of the Code.

(4) Proof of Ownership for Citrus Fruit violations for which a penalty will be assessed:

(a) Failure of a licensee to require from the seller a statement in writing showing the owner, grower, location of land where citrus fruit was grown, date citrus fruit was gathered, and by whose authority the citrus fruit was gathered, in violation of §101.016 (d) of the Code.

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TRD-200000180

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: January 12, 2000


Request for Proposals

Pursuant to the Texas Agriculture Code, §§46.001 - 46.013, relating to the GO TEXAN Partner Program, and 4 Texas Administrative Code §§17.300 - 17.310, the Texas Department of Agriculture (the department) hereby requests proposals for GO TEXAN Partner Program projects for the period of January 1, 2000 through August 31, 2001. The GO TEXAN Partner Program is a dollar-per-dollar matching fund promotion program designed to increase consumer awareness of Texas agricultural products and expand the markets for Texas agricultural products by developing a general promotional campaign for Texas agricultural products and advertising campaigns for specific Texas agricultural products based on project requests submitted by successful applicants.

Eligibility . An eligible applicant must be a state or regional organization or board that promotes the marketing and sale of Texas agricultural products and does not stand to profit directly from specific sales of agricultural commodities, a cooperative organization, as defined by 4 Texas Administrative Code §17.301, a state agency or board that promotes the marketing and sale of agricultural commodities, a national organization or board that represents Texas producers and promotes the marketing and sale of Texas agricultural products, a small business, as defined by 4 Texas Administrative Code §17.301 or any other entity that promotes the marketing and sale of Texas agricultural products. For purposes of this section, the department has the sole discretion to determine whether an entity meets program eligibility requirements.

Proposal Requirements . To be eligible for participation in the program through the use of matching funds under this program, an applicant must be a member in good standing of the GO TEXAN program, be an eligible applicant under program rules, prepare and submit a project request in accordance with program rules, submit a sworn affidavit certifying that applicant is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code and will notify the department of status change, submit a sworn affidavit certifying that applicant is not currently delinquent in the payment of child support and will notify the department of status change, submit a sworn affidavit disclosing any existing or potential conflict of interest relative to the evaluation of the project plan by the board and acknowledge that applicant will notify the department of status change and submit to the department, within ten business days after receiving board approval for the project request, cash matching funds as specified in the project request and in accordance with this subchapter.

Each project request submitted by an eligible applicant must describe the advertising or other market-oriented promotional activities to be carried out using matching funds and must include a cover page including the name, title, and address of applicant, a table of contents, an abstract of approximately 200 words or less, on one page, including the title, if any, a brief description of the project, specific objectives and importance of the project, project plan and methodology, and expected contribution to further or enhance the GO TEXAN Program, a detailed specific narrative or factual description of the project, anticipated benefits to a specific region of the state, to specific commodities, any preliminary market research or sales percent increases to be achieved as a result of the project, a description of expected results, a biography of the applicant, and a description of the business entity, a detailed project budget including specific dollar amounts for all potential costs, a description of how anticipated sales increases due to implementation of the project will be quantified and reported to the department and a completed creative blueprint on a form provided by the department. Please send one original with ten additional copies.

All approved projects must be completed by (August 31, 2001). All approved projects will be subject to audit and periodic reporting requirements.

Proposals should be submitted to: Ulrike "Uli" Lapham, Funding Coordinator, Texas Department of Agriculture, 1700 North Congress Avenue, 10th Floor, Austin, Texas 78701. Ms. Lapham may be contacted by telephone at (512) 463-7731 or by fax at (512) 463- 7843, for additional information about preparing the proposal. Proposals will be accepted by the department on a continuous basis until all available funds are depleted.

All proposals will be evaluated by the GO TEXAN Partner Program Advisory Board appointed by the Commissioner of the Texas Department of Agriculture. This panel consists of representatives from the following: the Texas Department of Agriculture, radio media, print media, television media, advertising, higher education, United States Department of Agriculture Commodity Credit Corporation and a consumer representative. Proposals will be selected for funding on a competitive basis. Preference will be given to project requests that are unique in nature and avoid duplication with other project requests that are being funded by the department. Only project requests that further or enhance the department's GO TEXAN Program and are submitted by applicants who are physically located in Texas or who have their principal place of business in Texas will be funded. The announcement of the grant awards will be made at Advisory Board meetings held at least once quarterly.

TRD-200000195

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: January 12, 2000


Office of the Attorney General

2000 Tax Charts

Pursuant to §154.061(b) of the Texas Family Code, the Attorney General of Texas, as the Title IV-D agency, has promulgated the following tax charts for 2000 to assist courts in establishing the amount of a child support order. These tax charts are applicable to employed and self-employed persons in computing net monthly income.

INSTRUCTIONS FOR USE

To use these tables, first compute the obligor's annual gross income. Then recompute to determine the obligor's average monthly gross income. These tables provide a method for calculating "monthly net income" for child support purposes, subtracting from monthly gross income the social security taxes and the federal income tax withholding for a single person claiming one personal exemption and the standard deduction.

Thereafter, in many cases the guidelines call for a number of additional steps to complete the necessary calculations. For example, §§154.061 - 154.068 provide for appropriate additions to "income" as that term is defined for federal income tax purposes, and for certain subtractions from monthly net income, in order to arrive at the net resources of the obligor available for child support purposes. Computation of the obligee's net resources should follow similar steps.

This agency hereby certifies that the tax charts have been received by legal counsel and found to be within the agency's authority to publish.

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TRD-200000187

Rick Gilpin

Assistant Attorney General

Office of the Attorney General

Filed: January 12, 2000


Texas Water Code and Texas Health and Safety Code Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and Texas Health and Safety Code. Before the State may settle a judicial enforcement action under the Health and Safety Code, 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: City of Hudson Oaks, Texas and State v. White Diamond Exotics, Inc. d/b/a United Liquidators, Inc., Case No. 46,985, in the District Court of Parker County, Texas

Nature of Defendant's Operations: Defendant, White Diamond Exotics, Inc., d/b/a United Liquidators, Inc. violated the Texas Water Code, Texas Health & Safety Code and the Texas Natural Resource Conservation Commission rules, orders and licenses relating to the discharge sewage from a malfunctioning septic tank.

Proposed Agreed Final Judgment: The judgment requires the Defendant to use only a properly permitted septic tank. The Defendant shall pay $500 in attorney fees to the State, pay all of the costs of court, and pay the City of Hudson Oak's attorney fees if the Judgement is violated.

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 Leela Fireside, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-200000152

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: January 11, 2000


Texas Commission for the Blind

Notice of Town Meeting

The Texas Commission for the Blind will hold a Town Meeting on Thursday, February 3, 2000, from 6:30 p.m. until 8:30 p.m., at the Warm Springs Resource Center, 5101 Medical Drive, San Antonio, Texas. The purpose of this Town Meeting is to provide people the opportunity to comment on current agency services. These recommendations and suggestions will be used in agency planning, updating our State Plan, and in improving our services.

Individuals who are unable to attend are invited to send written comments by February 18, 2000, to Glenda Embree, Texas Commission for the Blind, 4800 North Lamar, Suite 220, Austin, Texas, 78756. Comments by fax (512) 377-0592 and e-mail (glendae@tcb.state.tx.us) are also welcome.

Persons who plan to attend the meeting and will require an interpreter for the deaf or hearing impaired should call 1-800-687-7039 at least three days prior to the meeting so that arrangements may be made.

Additional information about the meeting may be obtained from Glenda Embree, (512) 337-0583.

TRD-200000142

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: January 10, 2000


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of December 21, 1999, through January 6, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: Exxon Company, U.S.A. Location: The project site is located on Mitchell Bay at Exxon's Baytown refinery, 2800 Decker Drive, Baytown, Harris County, Texas. CCC Project No.: 00-001-F1; Description of Proposed Action: The applicant proposes to construct a new control house alongside the existing approach to Dock 5. The new building, approximately 14 feet wide and 30 feet long, will be constructed of reinforced concrete. The applicant also proposes to modify their north berth at existing Dock 6 to provide the capability to ship petroleum coke in barges. New coke-handling facilities will include a pile-supported elevated conveyor and a shuttle boom. Type of Application: U.S.A.C.E. permit application #21886 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: The Port of Corpus Christi; Location: The project is located on the Corpus Christi Ship Channel (CCSC) at the Port of Corpus Christi, west of the intersection of Harbor Drive and State Highway 181, Corpus Christi, Nueces County, Texas. CCC Project No.: 00-002-F1; Description of Proposed Action: The applicant proposes to construct an additional commercial cargo dock in the Port of Corpus Christi and hydraulically dredge the area along the dock to a depth of -50 feet mean low tide (MLT). The dock will be 1,255 feet long, 100 feet wide and 15 feet above the 0.0 MLT water level. Approximately 60,000 to 150,000 cubic yards will be excavated from an area around the dock approximately 175 feet wide by 1,255 feet long to achieve a 1:3 slope under the dock and a project depth of -50 feet MLT in front of the dock. Type of Application: U.S.A.C.E. permit application #21866 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Prolific Energy Co., L.P. Location: The project is located in State Tract 233 in East Galveston Bay, Galveston County, Texas. CCC Project No.: 00-003-F1; Description of Proposed Action: The applicant proposes to install, operate, and maintain structures for the production of oil and gas in State Tract 233. The applicant will install a shell pad with approximately 1,002 cubic yards of clean shell to support the barge-mounted drilling platform. Type of Application: U.S.A.C.E. permit application #21822 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: Jack C. Walker; Location: The project is located at 4814 Bluewater Highway, approximately eight miles east of San Luis Pass, Brazoria County, Texas. CCC Project No.: 00-004-F1; Description of Proposed Action: The applicant proposes to fill 9,920 square feet of dune-swale wetlands for driveways, house foundations, and septic drainfields. Type of Application: U.S.A.C.E. permit application #21669 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: Gaido's of Texas; Location: The project site is located on the Clear Creek Channel, north of the First Street and Texas Avenue intersection and on the west side of the LaFayette Landing Marina Channel in Kemah, Galveston County, Texas. CCC Project No.: 00-006-F1; Description of Proposed Action: The applicant proposes to place a new wooden bulkhead, approximately 200 feet in length, approximately 2 feet waterward of an existing wooden bulkhead that is failing. The applicant also proposes to fill in and bulkhead two existing man-made boat slips totaling approximately 9,184 square feet. A total of 4,500 cubic yards of clay will be used to fill the slips, approximately 2,250 cubic yards of which will be placed below the mean high water line. Furthermore, the applicant proposes to install 3 stormwater outlets for the point-source discharge of upland areas. The proposed project will impact a total of approximately 9,584 square feet (0.22 acre) of deep-water habitat. Type of Application: U.S.A.C.E. permit application #21878 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: U.S. Army Corps of Engineers; Location: Navigable waters of the United States within the Galveston District boundary. CCC Project No.: 00-007-F1; Description of Proposed Action: The applicant proposes to extend the time for, and amend, Department of the Army General Permit 15926 (GP 15926). The new expiration date for this GP would be December 31, 2005. They are adding the following requirement to apply for this GP: Water quality certification must be applied for through, and approved by, the Texas Natural Resource Conservation Commission for the discharge of effluent from an upland disposal area if the project is located in the Texas portion of the Galveston District. Type of Application: U.S.A.C.E. permit application #15926(02) 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-200000174

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: January 12, 2000


Comptroller of Public Accounts

Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified, independent firms to provide consulting services to the Comptroller on an "as assigned" basis as described in the RFP. The Comptroller anticipates awarding multiple contracts as a result of this RFP; the successful respondents will constitute a pool from which the Comptroller anticipates making assignments during the period from about February 20, 2000 through about January 31, 2001. Each successful respondent must be available to accept one or more specific assignments throughout its contract term and assist the Comptroller in conducting performance reviews of certain programs and operations of Texas state agencies. Those programs and operations are: Procurement Reform (Policy); Contract Management/Institutionalizing Competition (Policy); Managed Competition (Implementation); and Asset Management (business process reengineering, Activity Based Costing, managed competition and policy). Most assignments will require submission of reports to the Comptroller and the 77th Legislature.

Contact: Parties interested in submitting proposals should contact Pamela Ponder, Senior Legal Counsel, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, January 21, 2000, between 9 a.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also plans to make the complete RFP available electronically on the Texas Marketplace (www.marketplace.state.tx.us) after Friday, January 21, 2000, 9 a.m. (CZT). Prospective respondents are encouraged to fax Questions to (512) 475-0973 to ensure timely receipt. All written questions must be received at the above-referenced address prior to 2 p.m. (CZT) on Monday, February 7, 2000. Late questions will not be considered. All responses to written questions received by the February 7, 2000 deadline and any related information will be available electronically on the Texas Marketplace after Tuesday, February 8, 2000. Prospective respondents may also submit voluntary non-binding Letters of Intent to propose; any such Letters should be submitted no later than 2 p.m. (CZT) on Monday, February 7, 2000. A list of respondents submitting such Letters will be made available to any requester.

Closing Date: Proposals must be received in Senior Legal Counsel's Office at the address specified above no later than 2 p.m. (CZT), on Tuesday, February 15, 2000. Late proposals will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute any contracts or make any assignments on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP. Successful respondents will not be guaranteed any assignments.

The anticipated schedule of events is as follows: Issuance of RFP - January 21, 2000, 9 a.m. CZT; Voluntary Pre-Proposal Conference - January 31, 2000, 9 a.m.; Questions Due - February 7, 2000, 2 p.m. CZT; Electronic Posting of Official Responses to Questions Due - February 8, 2000, or as soon thereafter as practical; Proposals Due - February 15, 2000, 2 p.m. CZT; Execution of Contracts - February 25, 2000, or as soon thereafter as practical; Beginning of Contract Terms - February 29, 2000. The Comptroller reserves the right, in its sole discretion, to modify this schedule of events. Notice of changes will be posted on the Texas Marketplace.

TRD-200000166

Pamela Ponder

Senior Legal Counsel

Comptroller of Public Accounts

Filed: January 12, 2000


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 17, 2000 - January 23, 2000 is 18% for Consumer1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 17, 2000 - January 23, 2000 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-200000147

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 11, 2000


Texas Department of Criminal Justice

Notice of Contract Award

The Texas Department of Criminal Justice, on behalf of the Texas Board of Pardons and Paroles, publishes this notice of a contract award to Security Response Technologies, Inc., 161 South Main Street, Middleton, Massachusetts, 01949. Notice of a Request for Proposals to review, analyze and make recommendations for revision to the current Texas Board of Pardons and Paroles guidelines was published in the August 13, 1999, issue of the Texas Register (24 TexReg 6342). This contract was awarded in accordance with the requirements in Chapter 2254, Subchapter B, Texas Government Code.

The contract number is 696-PD-0-1-C5001. The contract work is divided into three phases, with phase one as the basic contract and phases two and three as option phases to be exercised at the Board's exclusive right. The option for phase two was exercised upon award, and the agency intends to exercise the option for phase three upon completion of phases one and two. The contract amount at the time of award, for contract phases one and two, is $148,382. The amount of each phase individually is $78,028, $70,354 and $70,630, for a total contract amount of $219,012.

The contract period (for phases one and two) begins December 27, 1999 and ends December 31, 2000. Each phase is approximately six months in duration and requires the consultant to submit to the Board a preliminary and comprehensive report. Phase one reports include project objectives and milestones and interview results. Phase one reports are due January 31, 2000 and June 30, 2000. Phase two reports include current guideline strengths and weaknesses, statistical validity test results and new guideline recommendations. Phase two reports are due July 31, 2000 and December 31, 2000. Phase three reports include an implementation plan for new guidelines. Phase three report due dates will be determined when the phase three option is exercised, but are expected to be due January 31, 2001 and June 30, 2001.

TRD-200000148

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 11, 2000


Interagency Council on Early Childhood Intervention

Requests for Proposals

Notice of Invitation. The Interagency Council on Early Childhood Intervention (ECI) announces a Request for Proposal (RFP) for funding comprehensive early childhood intervention services in the following counties for the period from September 1, 2000 through August 31, 2001: Potter and Randall. The scope of work includes a comprehensive array of services to children with developmental delays and their families. All applicants must comply with all program requirements under V.T.C.A., Human Resources Code, Chapter 73 and 25 Texas Administrative Code, Chapter 621.

Contact Person. The RFP is available to all interested parties upon written request to Roland Greer, Interagency Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Suite 2110, Austin, Texas 78751-2399. A copy may also be obtained by calling (512) 424-6825 or by visiting the ECI administrative office at the address listed in this notice. Questions should be directed to Roland Greer at (512) 424-6825.

Closing Date. All proposals to be considered for funding must be received in the ECI administrative office by 5:00 p.m. on April 28, 2000 or be postmarked by April 27, 2000. ECI reserves the right to reject all proposals if necessary.

Selection Criteria. Proposals will be evaluated based on the following "Best Value" criteria: past performance, quality of services, cost, ability to maximize local and federal income, ability to comply with state and federal program requirements, ability to deliver required services, and service area configuration. Review teams will make recommendations to the ECI Board for approval or denial of proposals received.

TRD-200000190

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: January 12, 2000


Notice of Invitation. The Interagency Council on Early Childhood Intervention (ECI) announces a Request for Proposal (RFP) for funding comprehensive early childhood intervention services in the following counties for the period from September 1, 2000 through August 31, 2001: Atascosa, Dimmit, Frio, Gonzales, Guadalupe, La Salle, McMullen, Wilson and Zavala. The scope of work includes a comprehensive array of services to children with developmental delays and their families. All applicants must comply with all program requirements under V.T.C.A., Human Resources Code, Chapter 73 and 25 Texas Administrative Code, Chapter 621.

Contact Person. The RFP is available to all interested parties upon written request to Roland Greer, Interagency Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Suite 2110, Austin, Texas 78751-2399. A copy may also be obtained by calling (512) 424-6825 or by visiting the ECI administrative office at the address listed in this notice. Questions should be directed to Roland Greer at (512) 424-6825.

Closing Date. All proposals to be considered for funding must be received in the ECI administrative office by 5:00 p.m. on April 28, 2000 or be postmarked by April 27, 2000. ECI reserves the right to reject all proposals if necessary.

Selection Criteria. Proposals will be evaluated based on the following "Best Value" criteria: past performance, quality of services, cost, ability to maximize local and federal income, ability to comply with state and federal program requirements, ability to deliver required services, and service area configuration. Review teams will make recommendations to the ECI Board for approval or denial of proposals received.

TRD-200000191

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: January 12, 2000


Notice of Invitation. The Interagency Council on Early Childhood Intervention (ECI) announces a Request for Proposal (RFP) for funding comprehensive early childhood intervention services in the following counties for the period from September 1, 2000 through August 31, 2001: Chambers (partial county), Jefferson and Orange. The scope of work includes a comprehensive array of services to children with developmental delays and their families. All applicants must comply with all program requirements under V.T.C.A., Human Resources Code, Chapter 73 and 25 Texas Administrative Code, Chapter 621.

Contact Person. The RFP is available to all interested parties upon written request to Roland Greer, Interagency Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Suite 2110, Austin, Texas 78751-2399. A copy may also be obtained by calling (512) 424-6825 or by visiting the ECI administrative office at the address listed in this notice. Questions should be directed to Roland Greer at (512) 424-6825.

Closing Date. All proposals to be considered for funding must be received in the ECI administrative office by 5:00 p.m. on April 28, 2000 or be postmarked by April 27, 2000. ECI reserves the right to reject all proposals if necessary.

Selection Criteria. Proposals will be evaluated based on the following "Best Value" criteria: past performance, quality of services, cost, ability to maximize local and federal income, ability to comply with state and federal program requirements, ability to deliver required services, and service area configuration. Review teams will make recommendations to the ECI Board for approval or denial of proposals received.

TRD-200000192

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: January 12, 2000


Texas Education Agency

Notice of Public Hearing on Proposed Commissioner's Rules Concerning Recognition of Creditable Years of Service

The Texas Education Agency will hold a public hearing to solicit testimony and input from the public on the proposed amendment to 19 TAC Chapter 153, Subchapter CC, Commissioner's Rules on Creditable Years of Service, §153.1021, Recognition of Creditable Years of Service. The hearing will be held at the request of the School Nurse Task Force of the Houston Federation of Teachers.

The hearing will be held on Wednesday, January 26, 2000, from 1:00 p.m. to 4:30 p.m., unless testimony concludes prior to that time, in Room 1-111 of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.

Individuals who wish to testify at the hearing should sign in at the hearing site; however, no prior registration is necessary. Speakers are encouraged, but not required, to provide written copies of their testimony. Five copies are sufficient. Depending on the number of individuals who sign up to testify, testimony may be limited to five minutes per speaker.

Individuals needing translation services or other special accommodations should notify the Division of Field Services at (512) 463-9354 by 5:00 p.m. on Monday, January 24, 2000. Hearing and speech impaired individuals may call text telephone (V/TTY) at (512) 475-3540.

Individuals who are unable to attend the hearing may send written comments to: Proposed Commissioner's Rules on Creditable Years of Service, c/o School Finance and Operations, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494.

Individuals may contact Ron Bradford at (512) 463-9354 for additional information.

TRD-200000176

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 12, 2000


Request for Applications Concerning Technology Integration in Education (TIE) for School Year 2000-2001

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-00-002 from public school districts, shared service arrangements of public school districts, regional education service centers, and open-enrollment charter schools that have been in operation for one year, to integrate technology into schools under the Technology Integration in Education (TIE) initiative. Individual campuses are not eligible to apply. Applications from large school districts must apply as a vertical team, boundary area, or similar grouping or feeder pattern and must impact more than one campus.

Description. The primary objective of this grant opportunity is to improve student achievement by fully integrating technology into schools. The TIE initiative must focus on implementation of the Public Access Initiative and the Long-Range Plan for Technology, 1996-2010, and focus on instructional, administrative, and professional development strategies to achieve the primary objective. Applicants must select one of the following three categories of the Long-Range Plan for Technology : Teaching and Learning, Educator Preparation and Development, or Administration and Support Services. In addition, applicants must apply under one of the following three categories: (1) have never received a TIE grant and never received services from a TIE grant; (2) have received a TIE grant and/or services from a TIE grant and wish to apply in a different long-range plan category; or (3) have received a TIE grant and wish to apply as an expansion of an existing grant.

Dates of Project. The TIE project will be implemented during the 2000-2001 school year. Applicants should plan for a starting date of no earlier than May 17, 2000, and an ending date of no later than September 30, 2001.

Project Amount. The total amount of TIE funds for Fiscal Year 2000 is $33 million. Funding will be provided for approximately 40 projects. Awards to collaboratives representing a large number of districts may not exceed $3 million and individual district awards may not exceed $700,000. Expansion awards may not exceed $1 million. This project is federally funded (100%) from Technology Literacy Challenge Funds.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Applicants must address elements of the Public Access Initiative and the Long-Range Plan for Technology, 1996-2010, to be considered for funding. Special consideration (or priority) will be given to applicants that demonstrate greatest technology need and that have a percentage of students identified as economically disadvantaged higher than the state average. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA.

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

Requesting the Application. A complete copy of RFA #701-00-002 may be requested 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; or by faxing the request to (512) 463-9811. Please refer to the RFA number in your request. While a copy of the RFA may also be found at the TEA web site at http://www.tea.state.tx.us, interested applications may also obtain a hard copy of the document through one of the methods specified in this notice.

Further Information. For clarifying information about the RFA, e-mail Delia R. Duffey, Division of Educational Technology, Texas Education Agency, at "techinteg@tea.tetn.net" or call (512) 463-9092.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Tuesday, February 22, 2000, to be considered.

TRD-200000177

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 12, 2000


State Employee Charitable Campaign

Legal Notice

The State Policy Committee of the State Employee Charitable Campaign is seeking applications from statewide federations and funds meeting charity eligibility requirements found in Texas Government Code Annotated, §659.131 et seq. (Vernon 1994 & Supp. 1998). Applications are available from, and questions may be referred to, the State Campaign Manager at (512) 478-6601. Applications must be received in the office at 823 Congress Ave., Suite 1103, Austin, Texas, 78701, no later than 5:00 p.m. on Wednesday, February 23, 2000.

TRD-200000151

Mike Terry

Senior Vice President, United Way of Texas

State Employee Charitable Campaign

Filed: January 11, 2000


Texas Department of Health

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 table below. The subheading labeled "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.

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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 25 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 special requirements in 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 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 due to emissions of radiation. 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), 1100 West 49th Street, Austin, Texas, 78756-3189.

Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated.

Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays).

TRD-200000159

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 12, 2000


Notice of Emergency Cease and Desist and Impoundment Order on Coastal Wireline Services

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Coastal Wireline Services (licensee-L04239) of Pearland to immediately cease and desist working with the Gammatron (model AN-HP, serial number T-166) and the Gulf Nuclear (model 71-1, serial number 71-1-101) americium-241 beryllium sources. The order also requires the licensee to immediately impound these sources in place or transfer, for storage or disposal, the radioactive material to a company authorized to possess the radioactive material. The bureau determined that continued unauthorized possession and/or use of the radioactive material constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the licensee has properly transferred or disposed of the radioactive material, and has provided the bureau with documentation on the actions taken.

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-200000156

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 12, 2000


Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: McPearson Chiropractic Clinic, Inc., Deer Park, R03257; Riverside General Hospital, Houston, R01757; Unal K. Gurol, M.D., P.A., Willis, R08965; Richard C. Newsom, D.D.S., M.S.D., Hurst, R10403; Marvin Eugene Williams, D.D.S., Fort Worth, R16809; E for M Imaging Systems Division of Marquette Medical Systems, Torrance, California, R19004; Imaging Sales & Service, Inc., Fort Worth, R19567; Innoserv Technologies, Inc., Arlington, R15896.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas, 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

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-200000155

Susan K. Steeg

General Council

Texas Department of Health

Filed: January 12, 2000


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Memorial Hermann Hospital System, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau) issued a notice of violation and proposal to assess an administrative penalty to Memorial Hermann Hospital System, Inc. (licensee-L00650) of Houston. A total penalty of $10,000 is proposed to be assessed the licensee for an alleged violation of a condition on its radioactive material license.

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-200000157

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 12, 2000


Notice of Request for Proposals for Independent Financial and Performance Audits of Administrative Services Provided by Texas Medicaid Administrative Contractors

Pursuant to Chapter 2254, Subchapter A, Texas Government Code, the Texas Department of Health (department) announces the issuance of its Request For Proposals (RFP) from qualified independent auditors to perform external financial and performance audits of the administrative services provided by the Texas Medicaid Administrative (TMAS) contractors. The RFP will be released on or about January 21, 2000.

Purpose

The department intends to procure the services of qualified independent auditors to perform external financial and performance audits of the administrative services provided by the Texas Medicaid Administrative System (TMAS) contractors. The four TMAS contractors are as follows: National Heritage Insurance Company, Birch & Davis Health Management Corporation, MAXIMUS, Inc. and Joint Commission on Accreditation of Health Care Organizations, doing business as Texas Health Quality Alliance.

In May 1999, the Texas legislature adopted House Bill 2085 and House Bill 2896 which direct the department to contract with an independent auditor to perform independent external financial and performance audits of any Medicaid contractor used by the department in the department's operation of a part of the state Medicaid program. The legislation stipulates that "Medicaid contractor" means an entity that under a contract with or otherwise on behalf of the department performs one or more administrative services in relation to the department's operation of a part of the state Medicaid program, such as claims processing, utilization review, client enrollment, provider enrollment, quality monitoring, or payment of claims.

Based on that statutory construct, the department will act as a prudent purchaser of independent external auditing services which will improve the state's understanding of the financial and performance risk involved with each respective TMAS contractor.

The department initiates this RFP to facilitate the development of strategies and associated work plans to contract for independent external audit services for the Texas Medicaid program in the most cost effective manner possible; and the necessary risk analysis, staffing projections and financial analysis required for planning and executing the external financial and performance audits for each respective TMAS contractor.

Brief Description of Services

The successful proposer must have experience in and/or knowledge of: (1) Generally Accepted Government Auditing Standards (GAGAS) promulgated by the Comptroller General of the United States; (2) Federal Acquisition Regulations (FAR); (3) applicable principles governing the allowability of costs as set out in Title 48 CFR §31.2--Contracts with Commercial Organizations; and (4) applicable principles governing the allocability of costs as set out in Title 48 CFR Chapter 99--Cost Accounting Standards--Principles for Cost Allocation. The successful proposer will be required to perform financial related audits and performance audits as outlined in the RFP; using audit procedures, as agreed-upon by the department, in accordance with Generally Accepted Auditing Standards, as established by the Comptroller General of the United States.

The successful proposer will be responsible for defining, specifying and developing all requirements related to the mandated financial related audits and performance audits. Field work standards should at a minimum include, but not be limited to, (1) following up on known material findings and recommendations from previous audits, where applicable; (2) designing the required audits to provide reasonable assurance of detecting material misstatements resulting from noncompliance with provisions in each respective TMAS contract that have a direct and material effect on financial statement amounts; (3) attaining an understanding of the internal controls and management controls that are relevant to each respective audit; (4) planning the work to provide reasonable assurance on compliance with laws and regulations applicable to each respective TMAS contract; and (5) compiling work papers that contain sufficient information to enable an experienced auditor having no previous connection with the audit to ascertain that evidence supports the auditor's significant conclusions and judgments.

Eligible Applicants

Eligible applicants include qualified independent auditors. Proposers must disclose any existing or potential conflicts of interest relative to the performance of the requirements of the RFP. Examples of potential conflicts of interest may include an existing business or personal relationship between the proposer, its principal(s), or any affiliate or subcontractor, with the department, other participating state agencies, the TMAS contractors, or any other entity or person involved in any way in any project that is subject to this RFP. Any such relationship that might be perceived or represented as a conflict must be disclosed. Failure to disclose any such relationship may be cause for contract termination or disqualification of the proposal.

Prospective Proposer's Conference

A proposer's conference is scheduled for Friday, January 28, 2000, at 10:00 a.m., in Austin Texas in the First Floor Public Hearing Room at the department's office located at 12555 Riata Vista Circle, Building III. Attendees are requested to allow enough time for entry through Building II, Riata Security. For maps and directions, please reference the following web site: http://www/tdh.state.tx.us/visitor.htm#hcf.

Closing Date

Each potential proposer is required to submit a non-binding Letter of Intent To Propose (Letter of Intent), which must be received in the issuing office no later than 4:00 p.m., February 11, 2000. The Letter of Intent must state that the proposer is considering submitting a proposal. Only the proposals of those proposers who submit a Letter of Intent will be considered. The Letter of Intent must identify the entity that may submit a proposal in response to the RFP, and must be signed by an official of that entity. Proposals must be submitted by the following date and time: March 13, 2000, 4:00 p.m. Central Standard Time. Late proposals will not be considered.

For a Copy of the RFP

Potential proposers may obtain a copy of the RFP on or about January 21, 2000. Requests for the RFP must be submitted in writing to: Larry Fisher, Mail Code Y-995, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; Fax: (512) 338-6544. A copy of the RFP will also be available to download at the following web site: http://www/tdh.state.tx.us/hcf/medicaid.htm.

Contact Person

Questions regarding this RFP must be directed to: Larry Fisher, Mail Code Y-995, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; Telephone: (512) 794-6894, Fax: (512) 338-6544.

TRD-200000158

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 12, 2000


Notice of Request for Proposals for Reprocurement and Evaluation of LoneSTAR Selective Contracting Programs

Purpose . The Texas Department of Health (department), Health Care Financing Associateship (HCF), Bureau of Reimbursement Analysis and Contract Compliance (BRACC), is seeking a qualified and experienced consulting firm capable of assisting in the reprocurement of selective contracting markets and performing an independent assessments of both LoneSTAR selective contracting programs. This Request for Proposals (RFP) is issued in accordance with the provisions of Government Code, Chapter 2254, concerning consulting services.

Description . The Texas Human Resources Code, §32.027 requires the development and implementation of a system of selective contracting for the provision of non-emergency inpatient hospital services. The LoneSTAR Select I Contracting Program for inpatient services provided at general acute medical/surgical hospitals was completed in December, 1994. The LoneSTAR Select II Contracting Program for acute inpatient mental health services provided at freestanding psychiatric facilities was completed in June, 1995.

The successful bidder will be responsible for providing technical assistance to the department concerning the reprocurement of all selective contracting markets and for evaluating the LoneSTAR selective contracting programs. Phase One involves the extension of contracts with hospitals in all 27 metropolitan statistical areas (MSAs) included in both selective contracting programs. Phase Two involves the evaluation of the LoneSTAR Select I Contracting Program for inpatient services provided at general acute medical/surgical hospitals. Phase Three involves the evaluation of the LoneSTAR Select II Contracting Program for acute inpatient mental health services provided at freestanding psychiatric facilities.

Applicable waivers of federal statutory requirements, which would otherwise conflict with the programs, have been approved by the Secretary of Health and Human Services of the federal Health Care Financing Administration (HCFA). Applicable waivers for the LoneSTAR Select I Contracting Program were initially approved on July 6, 1994. A renewal of these waivers was requested and granted on September 14, 1998. Applicable waivers for the LoneSTAR Select II Contracting Program were initially approved on March 10, 1995. A renewal of these waivers was requested on October 22, 1999.

The approval of the applicable waivers of federal statutory requirements by HCFA is contingent upon the department arranging for an independent assessment of each waiver program with respect to access to care, quality of services and cost effectiveness. The results of each assessment must be submitted to HCFA no later than three months prior to the expiration date of each waiver.

The waiver approval for the LoneSTAR Select I Contracting Program expires on August 31, 2000. As such, the department must submit an independent assessment of the LoneSTAR Select I Contracting Program to HCFA on or before June 1, 2000.

Pending approval for the LoneSTAR Select II Contracting Program, the department expects the federal approval to expire on August 31, 2001. As such, the department must submit an independent assessment of the LoneSTAR Select II Contracting Program to HCFA on or before June 1, 2001.

The consultant will work with the department project team, oversight committee and work groups, as necessary, and produce the required products.

Eligible Applicants . The consultant must have experience in and knowledge of federal, Texas, and other state health and human services agency practices and laws relating to Medicaid, Medicaid Managed Care, and §1915(b) waivers of the Social Security Act. The consultant should be familiar with the federal Medicaid program statutes, regulations, waiver application processes and issues, status of waivers implemented in other states, and related issues which have arisen in other states, general principles and laws relating to managed care, including Medicaid Managed Care, and knowledge of managed care markets and market analysis both nationally and in Texas.

Limitations . The department reserves the right to reject any and all offers received in response to the RFP, and to cancel the RFP if it is deemed in the best interest of the department.

Contact . Requests for information concerning the RFP may be directed to Doug Odle, Program Specialist, Texas Department of Health, HCF Reimbursement Analysis Division, Mail Code Y-995, 1100 West 49th Street, Austin, Texas, 78756-3199, Telephone number: (512) 794-5167. Requests for copies of the RFP must be submitted in writing to Doug Odle at the above address, or by facsimile, (512) 338-6544.

Deadlines . All communications concerning this RFP must be addressed in writing to Doug Odle, Program Specialist, Bureau of Reimbursement Analysis and Contract Compliance, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. The physical address for overnight and personal deliveries, also referred to in this notice as the "issuing office" is Doug Odle, Program Specialist, Bureau of Reimbursement Analysis and Contract Compliance, Texas Department of Health, Building III, 12555 Riata Vista Circle, Austin, Texas 78727. Each potential applicant is required to submit a non-binding Letter of Intent To Propose (Letter of Intent), which must be received in the issuing office no later than 4:00 p.m. on February 7, 2000. The Letter of Intent must state that the applicant is considering submitting a proposal. Only the proposals of those applicants who submit Letters of Intent will be considered. Letters of Intent which are not received timely at the issuing office will not be considered. The Letter of Intent must identify the entity that may submit a proposal in response to this RFP, and must be signed by signed by an official of that entity. Responses to questions and other information pertaining to this procurement will be sent only to those potential applicants who submit a Letter of Intent. Potential applicants must include their fax number in the Letter of Intent to provide for the expedited transmission of information pertaining to this procurement. The Letter of Intent must be addressed to Doug Odle, at the address shown above. Prospective applicants are encouraged to fax Letters of Intent to (512) 338-6544 to ensure a timely response.

By submitting a signed proposal, an applicant agrees that it fully understands the RFP and will abide by the terms and conditions contained in the RFP. No exceptions, amendments, or deviations will be allowed in any response unless agreed to in writing and prior to the date that responses are due. Unauthorized exceptions, amendments, or deviations in a response may result in disqualification of the proposal. To be considered, proposals must be received in the issuing office no later than 4:00 p.m. Central Standard Time on February 21, 2000. Proposals may not be faxed, only originals will be accepted.

An applicant workshop for prospective applicants will be held on February 4, 2000, at 10:00 a.m. The meeting will be held in the first floor Public Hearing Room, Texas Department of Health, 12555 Riata Vista Circle, Building III, Austin, Texas. No reservations are necessary.

Evaluation and Selection . Applications will be reviewed by an evaluation committee. The evaluation of the application will be based upon areas of consideration listed in the RFP.

TRD-200000154

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 12, 2000


Texas Health and Human Services Commission

Public Notice

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 99-10, Amendment Number 565.

The amendment updates the State plan to comply with the Balanced Budget Act of 1997 concerning the elimination of waste, fraud, and abuse. The amendment is effective October 1, 1999.

If additional information is needed, please contact Aurora LeBrun, Health and Human Services Commission, at (512) 424-6507.

TRD-200000127

Marina S. Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: January 10, 2000


Texas Department of Housing and Community Affairs

Announcement of Public Comment Period for the 2000 State of Texas Low Income Housing Plan and Annual Report - Draft For Public Comment

The Texas Department of Housing and Community Affairs (TDHCA) announces the public comment period for the 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment . This 33-day comment period begins on January 24th, 2000, and ends at 12:00 p.m. February 25th, 2000. The 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment is submitted in compliance with Sections 2306.0721-2306.0723 of the Government Code.

The 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment is one of three comprehensive planning documents that TDHCA is required to submit annually. It is the first document of its kind among the states and offers policymakers and housing providers a comprehensive reference on statewide housing need, housing resources and performance based funding allocations. The State of Texas Low Income Housing Plan and Annual Report won a 1999 Best Practice award from the U.S. Department of Housing and Urban Development (HUD). According to HUD, "The publication has become an invaluable resource for all who utilize it." The 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment serves in the following capacities: provides an overview of statewide housing needs; reports on the approximately twenty-five (25) programs administered by TDHCA; provides the TDHCA's housing programs funding levels and performance measures; introduces new initiatives resulting from the 76th Legislative sessions; and reports on the distribution of TDHCA's resources in the previous fiscal year.

The 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment is one of three comprehensive planning documents that TDHCA is required to submit annually. It is the first document of its kind among the states and offers policymakers and housing providers a comprehensive reference on statewide housing need, housing resources, and performance-based funding allocations. The 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment serves in the following capacities: provides an overview of statewide housing needs; reports on the approximately twenty-five (25) programs administered by TDHCA; provides the TDHCA's housing programs funding levels and performance measures; and reports on the distribution of TDHCA's resources in the previous fiscal year.

Public comment hearings concerning the 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment will take place at the following times and locations:

HOUSTON February 5, 2000, 11:00 a.m., City Hall Annex Chambers, Public Level, 900 Bagby; (713) 247-2939

EL PASO February 8, 2000, 6:00 p.m., City Council Chambers, #2 Civic Center Plaza; (915) 541-4000

HARLINGEN February 10, 2000, 1:30 p.m., Harlingen Public Library, 410 76th Drive, (956) 430-6650;

AUSTIN February 11, 2000, 1:30 p.m., Texas Department of Housing and Community Affairs Board Room, 507 Sabine, Suite 400 (512) 475-4595.

DALLAS February 16, 2000, 1:30 p.m., Dallas Public Library, 1515 Young Street; (214) 670-4818

SAN ANTONIO February 17, 2000, 6:00 p.m., City Council Chambers, 114 W. Commerce, Main Plaza; (210) 207-2500

LUBBOCK February 23, 2000, 1:30 p.m., Mahon Library Community Room, 1306 9th St. (806) 775-2826

LUFKIN February 23, 2000, 10:30 a.m., City Council Chambers, 300 E. Shepherd; (409) 633-0243

Copies of the 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment will be available for review after January 24, 2000, at the following locations: ABILENE Abilene Public Library, (915) 677-2474; ALPINE Sul Ross State University, (915) 837-8124; AMARILLO Amarillo Public Library, (806) 378-3054; ARLINGTON The University of Texas at Arlington, (817) 273-3000; AUSTIN Legislative Reference Library, (512) 463-1252, Texas State Library, (512) 463-5455, The University of Texas at Austin, (512) 495-4515, The University of Texas at Austin Tarlton Law Library, (512) 471-7726; BEAUMONT Beaumont Public Library, (409) 838-6606, Lamar University, (409) 880-8118; BROWNSVILLE The University of Texas at Brownsville, (210) 544-8220; CANYON West Texas A&M University, (806) 651-2205; COLLEGE STATION Texas A&M University, (409) 845-8111; COMMERCE Texas A&M University - Commerce, (903) 886-5716; CORPUS CHRISTI Corpus Christi Public Library, (361) 880-7000; Texas A&M University - Corpus Christi, (361) 994-2623; DALLAS Dallas Public Library, (214) 670-1400, Southern Methodist University, (214) 768-2331; DENTON Texas Woman's University, (940) 898-2665, University of North Texas, (940) 565-2870; EDINBURG The University of Texas - Pan American, (956) 381-3306; EL PASO El Paso Public Library, (915) 543-5413, The University of Texas at El Paso, (915) 747-5683; FORT WORTH Fort Worth Public Library, (817) 871-7706, Texas Christian University, (817) 921-7669; HOUSTON Houston Public Library, (713) 247-2700, Rice University, (713) 527-4022, Texas Southern University, (713) 527-7147, University of Houston, (713) 743-9800, University of Houston - Clear Lake, (281) 283-3930; HUNTSVILLE Sam Houston State University, (409) 294-1613; KINGSVILLE Texas A&M University - Kingsville, (361) 595-3416; LAREDO Texas A&M International University, (956) 326-2400; LUBBOCK Texas Tech University, (806) 742-2261; NACOGDOCHES Stephen F. Austin State University, (409) 468-4101; ODESSA Ector County Library , (915) 332-6502, University of Texas of the Permian Basin, (915) 552-2371; PRAIRIE VIEW Prairie View A&M University, (409) 857-2012; RICHARDSON University of Texas at Dallas, (972) 883-2950; SAN ANGELO Angelo State University, (915) 942-2222; SAN ANTONIO Saint Mary's University, (210) 436-3441, San Antonio Central Library, (210) 207-2500, Trinity University, (210) 736-8121, The University of Texas at San Antonio, (210) 691-4570; SAN MARCOS Southwest Texas State University, (512) 245-2133; STEPHENVILLE Tarleton State University, (817) 968-9246; TYLER The University of Texas at Tyler, (903) 566-7340; VICTORIA University of Houston at Victoria, (361) 572-6421: WACO Baylor University, (254) 710-1268; WICHITA FALLS Midwestern State University, (940) 689-4165 OUT-OF-STATE Library of Congress, (202) 707-5243.

The 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment will be available January 24, 2000. To order, please contact the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX, 78711-3941, Phone: (512) 475-4595, Fax: (512) 475-3746, or email at clandry@tdhca.state.tx.us.

Both the public hearing schedule and the 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment will be available January 24, 2000, on TDHCA's website at www.tdhca.state.tx.us.

Individuals who require auxiliary aids or services should contact Gina Esteves, ADA Responsible Employee, at least two days before the scheduled hearing, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate arrangements can be made.

Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX 78711-3941 or posted on the World Wide Web at www.tdhca.state.tx.us/HRCslihp2000.htm. For more information, please contact the Housing Resource Center at (512) 475-3976.

TRD-200000193

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 12, 2000


HOME Investment Partnership Program - Correction to Notice of Workshops

The Texas Department of Housing and Community Affairs has erroneously announced that the Builder Incentive Program would be covered in the Application Workshops being conducted January 20-27, 2000. The Notice was published in the Texas Register on December 31, 1999, (24 TexReg 12141).

The Builder Incentive Program is not included in this Notice of Funding Availability; therefore, it will not be covered in the Application Workshops scheduled for January 20, 25, and 27, 2000. The workshops will cover Match, Tenant Based Rental Assistance, Owner Occupied Rehabilitation, Homebuyer Assistance, and Rental Project Development.

TRD-200000188

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 12, 2000


Public Comments to the Community Development Block Grant Program Proposed 2000 One-Year Action Plan

The Texas Department of Housing and Community Affairs (TDHCA) submitted on December 16, 1999, the program year 2000 State of Texas Consolidated One-Year Action Plan to the United States Department of Housing and Urban Development (HUD). The Consolidated One-Year Action Plan transmitted to HUD includes a description of the community development objectives and methods for the allocation and distribution of Community Development Block Grant Federal Fiscal Year 2000 non-entitlement area funds. TDHCA submitted to non-entitlement cities and counties a notice describing the federal resources and programs included in the Draft Consolidated One-Year Action Plan, important issues to consider and a schedule of the public hearings. Schedules for the public hearings, and the locations where copies of the Draft Consolidated One-Year Action Plan could be obtained, were published in the October 22, 1999, issue of the Texas Register (24 TexReg 9417) and the November 26, 1999, issue of the Texas Register (24 TexReg 10604). The public hearings were held in different locations across the state in November of 1999 to solicit comments on the Draft Consolidated One-Year Action Plan.

TDHCA received public hearing comments, one hundred thirteen letters, and a petition with forty-five signatures containing twelve specific comments or recommendations from cities, counties, and consultants. Each of the letters and the petition included recommendations that TDHCA make one or more changes to the Draft Consolidated One-Year Action Plan. Based on the number and frequency of comments received for the different areas of the program outlined in Action Plan, TDHCA has made some changes as noted in the following information and submitted the Consolidated One-Year Action Plan to HUD for approval.

In accordance with Texas Government Code, Title 10, Subtitle C, Subchapter B, Chapter 2105, §2105.055, the received public comments are summarized as follows:

Allocation System

The Draft Consolidated One-Year Action Plan indicated that the State of Texas' total Federal Fiscal Year 2000 Community Development Block Program allocation would be allocated to seven separate funding categories and three program areas listed below:

Community Development Fund - 57.25% of the total allocation

Texas Capital Fund - 14.79% of the total allocation

Colonia Fund - 12.5% of the total allocation

Planning And Capacity Building Fund - 0.94% of the total allocation

Disaster Relief/Urgent Need Fund - 3.80% of the total allocation

Housing Fund - 4.30% of the total allocation

Texas Community Development Program STEP Fund - 3.25% of the total allocation

TDHCA Administration - 2.0% plus $100,000 of the total allocation

Technical Assistance - 1.0% of the total allocation

Implementation of HUD Integrated Disbursement & Information System - 0.25% of the total allocation

Fifty-seven cities and eleven counties recommended that the allocations be changed to: Community Development Fund - 60.78% of the total allocation; Texas Capital Fund - 10% of the total allocation; Planning and Capacity Building Fund - 1.0% of the total allocation; and Disaster Relief/Urgent Need Fund - 5.25% of the total allocation.

Twenty-six cities, three counties and one consultant recommended that the Community Development Fund allocation be increased to 65% of the total allocation and that the Disaster Relief/Urgent Need Fund be increased to 5.0% of the total allocation.

Nine cities and three counties recommended that the Community Development Fund allocation be increased to 60% of the total allocation.

Nine cities and three counties recommended that the Texas Capital Fund allocation percentage be decreased and that the allocation percentages for the Community Development Fund and the Disaster Relief/Urgent Need Fund be increased.

One city recommended that the Housing Infrastructure Fund allocation be significantly increased and that this program be extended for an additional four-year period. This fund is one of two programs available under the Housing Fund. The other Housing Fund program is the Housing Rehabilitation Fund.

TDHCA is not implementing the recommended changes to the fund allocations for the 2000 program year because the 2000 program year is the second year of the biennial funding design for the Community Development Fund, the Planning and Capacity Building Fund and the Housing Rehabilitation Fund. The changes to the fund allocations recommended here could alter the 2000 program year funding recommendations for the Community Development Fund, the Planning and Capacity Building Fund and the Housing Rehabilitation Fund and create confusion among the entities recommended for program year 2000 grant awards from these fund categories. In addition, TDHCA has not yet been notified concerning the State of Texas' Federal Fiscal Year 2000 Community Development Block Grant program allocation. Without knowing the allocation, the impact of changes to the fund allocations for the 2000 program year cannot be assessed at this time.

The allocation percentages contained in the Consolidated One-Year Action Plan submitted to HUD were changed slightly to reflect decreases for the Planning and Capacity Building Fund and the Housing Rehabilitation Fund program and the elimination of the 0.25% allocation for Implementation of HUD Integrated Disbursement & Information System. If the State of Texas' Community Development Block Grant program allocation for the 2000 program year is equal to or greater that the 1999 program year allocation, then the allocation percentages for four of the fund categories, the Community Development Fund, the Disaster Relief/Urgent Need Fund, the Housing Infrastructure Fund program, and the STEP Fund could be increased for the 2000 program year.

The Consolidated One-Year Action Plan submitted to HUD includes the allocation percentages for the seven separate funding categories and two program areas listed below:

Community Development Fund - 57.29% of the total allocation

Texas Capital Fund - 14.79% of the total allocation

Colonia Fund - 12.5% of the total allocation

Planning And Capacity Building Fund - 0.91% of the total allocation

Disaster Relief/Urgent Need Fund - 4.27% of the total allocation

Housing Fund - 3.82% of the total allocation

Texas Community Development Program STEP Fund - 3.32% of the total allocation

TDHCA Administration - 2.0% plus $100,000 of the total allocation

Technical Assistance - 1.0% of the total allocation

Application Cycles

One hundred thirty-five cities, eighteen counties, and one consultant indicated strong support for the continuation of biennial application and funding cycles. The Draft Consolidated One-Year Action Plan describes the biennial funding design for the 1999 and 2000 program years and how the biennial funding design was used to select the grantees receiving funding from the 1999 and 2000 program years for 1999 applications submitted to the Community Development Fund, the Planning and Capacity Building Fund, and the Housing Rehabilitation Fund.

Based on this strong showing of support for biennial application and funding cycles, TDHCA is not considering any discontinuation of biennial funding cycles for some of the available Texas Community Development Program fund categories.

Description of Funds

Forty-one cities and one county offered comments supporting the creation of the Texas Capital Fund Float Loan Program. The Float Loan Program is a new program that was being proposed for the first time in the 2000 Draft Consolidated One-Year Action Plan.

Based on the support shown for this new program, the Float Loan Program was included in the Consolidated One-Year Action Plan submitted to HUD. If the Float Loan Program is approved by HUD, this new program will be available during the 2000 program year.

Two consultants commented against the proposed changes to the repayment provisions for Texas Capital Fund Infrastructure Improvements projects that were described in the Draft Consolidated One-Year Action Plan. The changes include increasing the percentage of repayment for awards of $375,001 to $750,000 from 25% to 50% of the amount of the award exceeding $375,000 and increasing the percentage of repayment for awards greater that $750,000 from 25% to 50% of the amount of the award from $375,001 to $750,000 and increasing the percentage of repayment for the amount exceeding $750,000 from 50% to 100%.

Because TDHCA only received two comments opposing the changes to the proposed Texas Capital Fund Infrastructure Improvements repayment provisions, the Consolidated One-Year Action Plan was not changed.

Distribution Methods/Selection Criteria

One county commented that additional scoring consideration should be given to projects that include evidence of collaboration through matching funds committed from federal, state and local resources.

TDHCA supports the idea of collaboration between federal, state, and local entities for the financing needed to complete certain projects. However, based on receiving only one comment recommending this change, the Consolidated One-Year Action Plan was not changed to give additional scoring consideration that recognizes the collaboration of resources for matching funds.

One city commented that the application selection criteria is skewed towards applications containing water and sewer activities and that activities such as housing rehabilitation and demolition/clearance cannot be proposed because they stand no chance of being funded. This person also stated that as it is set up now, the CDBG small cities competition discourages any grant with imagination, historic preservation, or any type of housing assistance, given its emphasis on water and sewer main replacements.

The Project Impact scoring for Community Development Fund applications scores a combined housing rehabilitation and demolition/clearance project in the same 145-175 point range that is used for scoring water and sewer activities. Applications with housing activities have historically received high scores on the points scored by TDHCA. If there is any impediment to an application for housing activities receiving a combined score (TCDP score and Regional Review Committee score) high enough for funding, then that impediment is a result of the lower scores that Regional Review Committees give to applications with housing activities. The Community Development Fund selection criteria scored by TDHCA Staff does place some emphasis on the application activities that address the basic human needs of adequate water facilities, adequate sewer facilities, and decent housing. Based on only receiving one comment to change the selection criteria, the Consolidated One-Year Action Plan was not changed.

One consultant commented that TDHCA should score more points than the Regional Review Committees score for Community Development Fund applications or if the number of Regional Review Committee points is not changed, then the Regional Review Committee selection criteria should be defined to incorporate more rigid standards.

The scoring for Community Development Fund applications is split evenly between TDHCA and Regional Review Committees (three hundred fifty points each for a total of seven hundred available points). The Community Development Fund allocation is distributed to each of the twenty-four state planning regions through an allocation formula. There is a Regional Review Committee established for each of the twenty-four planning regions and each Regional Review Committee only scores the Community Development Fund applications submitted from its state planning region. Each Regional Review Committee establishes and designs its selection criteria from four available scoring factors. Some of the Regional Review Committee scoring factors allow for subjective scoring and some of factors are scored objectively. Based on receiving only one recommendation for this change, the Consolidated One-Year Action Plan was not changed. TDHCA will try to address this comment through additional training for Regional Review Committee members.

Twenty-six cities, three counties, and one consultant recommended that: TDHCA work with the Governor's Office to open-up the Regional Review Committee appointment process; the staff of the Regional Review Committee should be required to follow an established process in recommending appointments and that process should be made available to everyone; every local government should be represented during the course of a five-year period; and there should be no reappointment until every local government has had the opportunity to serve on the Regional Review Committee.

The membership of each Regional Review Committee should be comprised of twelve local elected officials from the region that are appointed by the Governor. Ideally, the membership of a Regional Review Committee should represent the ratio of eligible cities and counties in the region and where possible should include at least one member from each eligible county. The number of eligible counties in each State Planning Region range from two eligible counties to twenty-six eligible counties. The number of eligible cities and counties in each State Planning Region range from nine to one hundred eighty-six. These comments support a system that over a period of time could allow for equal representation on the Regional Review Committee. Regional Review Committee members are appointed by the Governor. The Governor's Appointments Office does in some cases receive recommendations from the Regional Review Committee Staff Support concerning local elected officials that should be considered for appointments to the Regional Review Committee. The recommendations expressed in these comments will be forwarded to the Governor's Appointments Office and to the twenty-four State Planning Regions.

This completes the summary of the comments related to the proposed 2000 Community Development Block Grant Program One-Year Action Plan. A complete copy of the State of Texas Consolidated One-Year Action Plan and a summary of the public comments received are available upon request. Please contact the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941, Phone: (512) 475-4595, Fax: (512) 475-3746. The 2000 State of Texas Consolidated One-Year Action Plan will be available on TDHCA's website at www.tdhca.state.tx.us.

TRD-200000167

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 12, 2000


Texas Department of Human Services

Notice of TIERS Public Forum

The Texas Department of Human Services (TDHS) will conduct a Public Forum on January 21, 2000, beginning at 9:00 AM. The forum relates to TDHS' intent to contract with an experienced system- engineering vendor to provide performance-based services to assist the Texas Integrated Eligibility Redesign System (TIERS) project team through Phase 0 of the TIERS project. Phase 0 is defined as Analysis through Conceptual Design for the entire TIERS system, including options to design, develop, and implement two TIERS modules. A vendor conference will immediately follow.

The forum will be in Room 1-100 of the William B. Travis Building, 1701 N. Congress, Austin, Texas.

TRD-200000165

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: January 12, 2000


Public Notice - Open Solicitation #3 for Sherman 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 the reposting of the open solicitation period for the construction of a 90-bed nursing facility in Sherman County, County #211 , identified in the October 1, 1999, issue of the Texas Register (24 TexReg 8633). Medicaid contracted nursing facility occupancy rates in Sherman County exceed the threshold (90% occupancy) in each of six months in the continuous period of February 1999 through July 1999. The county occupancy rates for each month of that period were: 92.9%, 94.9%, 95.1%, 94.7%, 95.5%, 93.9% . Potential contractors seeking to construct a 90-bed nursing facility in the above referenced county must submit a written reply (as described in 40 TAC 19.2324) to TDHS, Joe D. Armstrong, Facility Enrollment, Long Term Care-Regulatory, Mail Code (E-342), P.O. Box 149030, Austin, Texas 78714-9030. Upon receipt of a reply from a potential contractor, as specified in 40 TAC §19.2324, TDHS will place a notice in the Texas Register to announce the closing date of the reopened solicitation period.

TRD-200000164

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: January 12, 2000


Texas Department of Insurance

Insurer Services

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

Application by RIO GRANDE HMO, INC., SOUTHWEST TEXAS HMO, INC, TEXAS GULF COAST HMO, INC., WEST TEXAS HEALTH PLANS, L.L.C. and DENTAL BENEFITS, INC. to use the assumed name of HMO BLUE TEXAS, a domestic health maintenance organization. The home office is in Richardson, Texas.

Application to change the name of MUTUAL TRUST LIFE INSURANCE COMPANY to MTL INSURANCE COMPANY, a foreign life company. The home office is in Oak Brook, Illinois.

Application to change the name of JOHN DEERE CASUALTY COMPANY to SENTRY CASUALTY COMPANY, a foreign fire and casualty company. The home office is in Moline, Illinois.

Application to change the name of JOHN DEERE INSURANCE COMPANY to SENTRY SELECT INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Moline, Illinois.

Application for incorporation to the State of Texas by SIERRA SOUTHWEST INSURANCE COMPANY, INC., a domestic life company. The home office is in Dallas, Texas.

Application for admission to the State of Texas by 21ST CENTURY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Woodland Hills, California.

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.

TRD-200000179

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 12, 2000


Revised Notice of Public Hearing

Notice of this hearing was previously published in the December 31, issue of the Texas Register (24 TexReg 12142). The following is a correction to that notice.

The Commissioner of Insurance will hold a public hearing under Docket No. 2437 on January 18, 2000, at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of (i) reinsurers to provide per risk reinsurance coverage to TWIA policyholders and (ii) the payment to the TWIA that may be included in the total premium charged by the TWIA for per risk reinsured excess coverage as authorized in Article 21.49, §8E of the Insurance Code. Section 8E of Article 21.49 of the Insurance Code authorizes the TWIA to issue a policy of windstorm and hail insurance that includes coverage for an amount in excess of the maximum limit of liability approved by the Commissioner pursuant to Article 21.49, §8D of the Insurance Code. The proposed reinsurance program will enable TWIA policyholders who need limits of liability in excess of the maximum limits of liability currently available through the TWIA to purchase additional windstorm and hail insurance coverage from the TWIA up to the amount of reinsured excess coverage available to the individual risk under the reinsured excess coverage program.

Under Article 21.49, §8E(a), the TWIA must obtain such reinsured excess coverage from a reinsurer approved by the Commissioner. Article 21.49, §8E(b) provides that the premium charged by the Association for the excess coverage shall be equal to the amount of the reinsurance premium charged to the Association by the reinsurance, plus any payment to the Association that is approved by the Commissioner.

The current reinsurance program, which was approved by the Commissioner in Commissioner's Order No. 98-1493 (December 21, 1998), expires on December 31, 1999. The new program is proposed to be effective on January 1, 2000.

The hearing is held pursuant to the Insurance Code, Article 21.49, §5A which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Texas Windstorm Insurance Association Act), including, but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear to testify for or against the approval of the proposed reinsurance program.

Copies of the TWIA petition and proposed reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the petition and the proposed reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-1299-24).

TRD-200000093

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 6, 2000


Third Party Administration Applications

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 Coordinated Vision Care, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

Application for incorporation in Texas of London Benefit Services, Inc., a domestic third party administrator. The home office is Dallas, 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-200000178

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 12, 2000


Texas Lottery Commission

Instant Game Number 172 "Ten Gallon Tripler"

1.0 Name and Style of Game.

A. The name of Instant Game No. 172 is "TEN GALLON TRIPLER". The play style of the game is a "match 3 of 6 with tripler" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 172 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 172.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: $1.00, $2.00, $4.00, $10.00, $20.00, $100, $1,000, $3,000 and a TEN GALLON HAT symbol.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1:16 TAC GAME NO. 172 - 1.2D

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Figure 2:16 TAC GAME NO. 172 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of "∅", which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $4.00, $10.00, $12.00 or $20.00

H. Mid-Tier Prize - A prize of $30.00, $60.00, $100 or $300

I. High-Tier Prize - A prize of $1,000, $3,000 or $9,000

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (172), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 172-0000001-000.

L. Pack - A pack of "TEN GALLON TRIPLER" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Ticket 000 to 004 will be on the top page. Tickets 005 to 009 will be on the next page and so forth with tickets 245 to 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TEN GALLON TRIPLER" Instant Game No. 172 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "TEN GALLON TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose nine (9) play symbols. If three (3) like dollar amounts are revealed, the player wins that amount. If two (2) like dollar amounts plus a TEN GALLON TRIPLER symbol are revealed, the player wins triple that amount. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 9 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 9 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 9 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 9 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. There will be no four or more of a kind on a ticket.

C. The tripler symbol will never appear on a ticket which contains 3 like amounts.

2.3 Procedure for Claiming Prizes.

A. To claim a "TEN GALLON TRIPLER" Instant Game prize of $1.00, $2.00, $3.00, $4.00, $10.00, $12.00, $20.00, $30.00, $60.00, $100 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $60.00, $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "TEN GALLON TRIPLER" Instant Game prize the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "TEN GALLON TRIPLER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TEN GALLON TRIPLER" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "TEN GALLON TRIPLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 50,000,000 tickets in the Instant Game No. 172. The expected number and value of prizes in the game are as follows:

Figure 3:16 TAC GAME NO. 172- 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 172 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 172, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200000114

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: January 7, 2000


Instant Game Number 175 "Touchdown"

1.0 Name and Style of Game.

A. The name of Instant Game No. 175 is "TOUCHDOWN". The play style of the game is a "beat score with auto win" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 175 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 175.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible YOUR SCORE play spots are: 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40. The possible OPPONENT'S SCORE play spots are: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39. The OVERTIME PLAY SPOTS are: FUMBLE, OFFSIDES, QB SACK, HOLDING, TACKLED, FIELD GOAL, TOUCHDOWN. The possible PRIZE SPOTS are: $1.00, $2.00, $3.00, $4.00, $6.00, $7.00, $10.00, $50.00, $100, $300, $1,000 and $3,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1:16 TAC GAME NO. 175 - 1.2D Page 1

Figure 1:16 TAC GAME NO. 175 - 1.2D Page 2

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Figure 2:16 TAC GAME NO. 175 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of "∅", which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $6.00, $7.00, $10.00, $15.00 or $24.00

H. Mid-Tier Prize - A prize of $35.00, $50.00, $100 or $300

I. High-Tier Prize - A prize of $1,000 or $3,000

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A thirteen (13) digit number consisting of the three (3) digit game number (175), a seven (7) digit pack number and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 175-0000001-000.

L. Pack - A pack of "TOUCHDOWN" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Ticket 000 to 004 will be on the top page. Tickets 005 to 009 will be on the next page and so forth with tickets 245 to 249 on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "TOUCHDOWN" Instant Game No. 175 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "TOUCHDOWN" Instant Game is determined once the latex on the ticket is scratched off to expose thirteen (13) play symbols. If the "YOUR SCORE" beats the "OPPONENT'S SCORE" within a quarter, the player wins the prize shown for that quarter. If the player reveals a "FIELD GOAL" in the Overtime spot, the player wins $3 automatically. If the player reveals a "TOUCHDOWN" in the Overtime spot, the player wins $7 automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 13 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 9 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 13 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 13 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. There will be no ties between "YOUR SCORE" and "OPPONENT'S SCORE" in a quarter.

C. There will be no duplicate quarters, no duplicate non-winning "YOUR SCORE", nor duplicate non-winning "OPPONENT'S SCORE" on a ticket.

D. There will be no duplicate non-winning prize symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "TOUCHDOWN" Instant Game prize of $1.00, $2.00, $3.00, $7.00, $10.00, $15.00, $24.00, $35.00, $50.00, $100 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $35.00, $50.00, $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "TOUCHDOWN" Instant Game prize the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "TOUCHDOWN" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "TOUCHDOWN" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "TOUCHDOWN" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 30,000,000 tickets in the Instant Game No. 175. The expected number and value of prizes in the game are as follows:

Figure 3:16 TAC GAME NO. 175- 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 175 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 175, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200000115

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: January 7, 2000


Texas Department of Mental Health and Mental Retardation

Consultant Contract Award Notification

In compliance with Texas Government Code, §2254.030, the Texas Department of Mental Health and Mental Retardation (TDMHMR) publishes notice of a consultant contract award. The request for consulting services was published in the July 30, 1999, issue of the Texas Register .

The contract was awarded to Tucker Alan, Inc., 150 South Wacker Drive, Suite 500, Chicago, Illinois 60606. Tucker Alan, Inc. will provide specialized consulting assistance in the rebasing of existing mental retardation model-based rates. Tucker Alan, Inc. will study long-term care programs funded by Medicaid, §1915(c) Medicaid waivers, rate indices, and cost report development; analyze program economies and efficiencies; identify cost-saving opportunities; and develop cost-saving methodologies. Tucker Alan, Inc. will develop methodologies for rebasing, at a minimum, the indices (e.g., personnel wage rates, benefits percentage, supervisory span of control, staffing ratios, caseloads, and service time requirements) used to formulate the existing rate model and recommend rate model revisions to be effective in calendar year 2001.

The dollar amount of the contract is not to exceed $821,481.00. The contract term is effective December 30, 1999, and terminates August 31, 2001. In compliance with Texas Government Code, Chapter 2254, §2254.030(4), the contractor will submit all required documents, films, recordings, or reports on or before the dates set forth in the contract.

TRD-200000094

Charles Cooper

Chairman, Texas Mental Health and Mental Retardation Board

Texas Department of Mental Health and Mental Retardation

Filed: January 6, 2000


Texas Natural Resource Conservation Commission

Extension of Deadline for Written Comments (Chapters 114, 117, and corresponding State Implementation Plans)

In the December 31, 1999, issue of the Texas Register , the Texas Natural Resource Conservation Commission (commission) published proposed amendments to 30 TAC Chapter 114, concerning Control of Air Pollution from Motor Vehicles and Chapter 117, concerning Control of Air Pollution from Nitrogen Compounds (24 TexReg 11897). The preambles to the proposals stated that the commission must receive all written comments by 5:00 p.m., February 1, 2000. The commission has extended the deadline for receipt of written comments to 5:00 p.m., February 14, 2000, for these proposed amendments and the associated state implementation plan (SIP) revisions.

Written comments should be mailed to Lola Brown, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. For further information on the proposed revisions, please contact one of the following staff members: Mike Magee (SIP revisions), (512) 239-1511; Alan Henderson (Chapter 114 revisions), (512) 239- 1510; Eddie Mack (Chapter 117 revisions), (512) 239-1488; or Randy Hamilton (Chapter 117 revisions), (512) 239-1512. Copies of the proposed rules and SIP revisions can be obtained from the commission's Web Site at www.tnrcc.state.tx.us/oprd/991216.html.

TRD-200000160

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 12, 2000


Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans

Attached are Notices of Applications issued during the period of January 10, 2000.

CHAPARRAL STEEL MIDLOTHIAN, L.P., located at 300 Ward Road, approximately 2 miles south of U.S. Highway 287, one fourth mile south of U.S. Highway 67 on approximately 298 acres, in Midlothian, Ellis County, Texas, operates an electric arc furnace which produces primary steel cast billets and rolled steel as finished goods from scrap steel, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for renewal/major amendment of hazardous waste permit (Permit No. HW-50162). The permit would authorize the continued operation of one existing tank, one existing container storage area and one miscellaneous unit (silo) for the storage and processing of hazardous wastes and three closed landfills for post-closure care. The Executive Director of the TNRCC has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. This notice satisfies the requirements of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S. 6901 et seq. and 40 CFR 124.10. Once the final permit and compliance plan decisions of the TNRCC and U.S. Environmental Protection Agency (EPA) are effective regarding this facility, they will implement the requirements of RCRA as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). The final permit and compliance plan decision will also implement the federally authorized State requirements. The TNRCC and EPA have entered into a joint permitting agreement whereby permits will be issued in Texas in accordance with the Texas Solid Waste Disposal Act, Texas Health and Safety Code Ann., Chapter 361 and RCRA, as amended. In order for the applicant to have a fully effective RCRA permit, both the TNRCC and EPA must issue the permit. All permit provisions are fully enforceable under State and Federal law. The State of Texas has not received full HSWA authority. Areas in which the TNRCC has not been authorized by EPA are denoted in the draft permit with an asterisk (*). Persons wishing to comment or request a hearing on a HSWA requirement denoted with an asterisk (*) in the draft permit should also notify in writing, Chief, RCRA Permits Branch, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. EPA will accept hearing requests submitted to the TNRCC.

PUBLIC COMMENT / PUBLIC MEETING. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below, within 45 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 or if requested in writing by an affected person within 45 days of the date of newspaper publication of the notice.

CONTESTED CASE HEARING. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 45 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. 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 granting of the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

INFORMATION. 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 Office of Public Interest Counsel, MC 103, the same address as above. Individual members of the general public may contact the Office of Public Assistance, c/o Office of the Chief Clerk, at the address above, or by calling 1-800-687-4040 to: (a) review or obtain copies of available documents (such as draft permit, technical summary, and application); (b) inquire about the information in this notice; or (a) inquire about other agency permit applications or permitting processes. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200000172

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 12, 2000


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC staff proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code (the Code), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 21, 2000 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Orders is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. February 21, 2000 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing .

(1) COMPANY: Dyrl and Deal Ebanks dba Ideal Enterprises; DOCKET NUMBER: 1999-0667- MSW-E; TNRCC IDENTIFICATION (ID) NUMBER: 27024; LOCATION: Route 1, Box 28133, Farm-to-Market Road 1485 East, New Caney, Montgomery County, Texas; TYPE OF FACILITY: scrap tire storage; RULES VIOLATED: 30 TAC §330.810(a) by failing to obtain proper authorization for storing more than 500 tires; 30 TAC §330.5(a) by failing to remove the burnt tire remains from the facility for proper disposal; and 30 TAC §111.102 by allowing, causing, suffering, or permitting outdoor burning of tires; PENALTY: $3,000; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: KCCC, Incorporated dba King's Creek Golf Club; DOCKET NUMBER: 1999- 0531-PST-E; TNRCC ID NUMBER: 0063011; LOCATION: 6025 Club Drive, Kemp, Kaufman County, Texas; TYPE OF FACILITY: petroleum fleet refueling; RULES VIOLATED: 30 TAC §334.7(d) by failing to notify the executive director within 30 days from the date of the occurrence of any change or additional information regarding the underground storage tanks (USTs); 30 TAC §334.50(a)(1)(A) and the Code, §26.3475 by failing to have a method of release detection capable of detecting a release from any portion of the UST system which contains regulated substances; 30 TAC §334.51(b)(1)(B) by failing to provide the UST system with spill and overfill prevention equipment; 30 TAC §334.49(a) by failing to have corrosion protection for the UST system; and 30 TAC §334.93 by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $18,700; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-200000149

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 11, 2000


Notice of Opportunity to Participate in Permitting Matters

Any person may request to be added to a mailing list for any permitting activity currently under consideration at the TNRCC. To be added to the mailing list for a specific permit, please mail the following information to the Office of the Chief Clerk: your name, your mailing address, the name of the applicant, and the applicant's permit number.

If you are interested in activities occurring within a specific county or counties, you may be added to the mailing list for a specific county or counties. To be added to a specific county mailing list(s), please send the following information to the Office of the Chief Clerk: your name, your mailing address, the county or counties in which you are interested. Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting the particular county.

All requests to be added to mailing lists should be submitted by mail to the Office of the Chief Clerk, Mail Code 105, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200000170

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 12, 2000


Notice of Water Quality Applications

The following notices were issued during the period of December 31, 1999 through January 7, 2000.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

ECTOR COUNTY INDEPENDENT SCHOOL has applied for a renewal of Permit No. 13734-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day via subsurface drainfields The wastewater treatment facilities and disposal site are located adjacent to Murray Fly School on Knox Drive and Westmark Street, west of the City of Odessa in Ector County, Texas.

CITY OF HART has applied for a renewal of Permit No. 10139-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 180,000 gallons per day via oxidation/evaporation with effluent transfer to a playa basin. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located approximately 1.0 mile north of the intersection of State Highway 194 and Farm-to-Market Road 168 and one block west of Farm-to-Market Road 168, north of the City of Hart, in Castro County, Texas.

LAKE FOREST PLANT ADVISORY COUNCIL has applied for a renewal of TNRCC Permit No. 11084-001, which authorizes the discharge of treated domestic at a daily average flow not to exceed 2,760,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,760,000 gallons per day. The plant site is located south of Cypress Creek approximately 0.5 miles west of Farm-to-Market Road 149 and 1.25 miles north of Grant Road in Harris County, Texas.

CITY OF MARTINDALE has applied for a renewal of Permit No. 13450-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 57,000 gallons per day via irrigation of 32 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located approximately 1.7 miles southeast of the intersection of State Highway 80 and State Highway 142 in Caldwell County, Texas.

CITY OF MIDLAND has applied for a major amendment to Permit No. 10223-001 to authorize the land application of sewage sludge for beneficial use on 100 acres of agricultural land. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 21,000,000 gallons per day via irrigation of approximately 6,000 acres of City-owned pasture and cultivated land. The draft permit authorizes the disposal of treated domestic wastewater at an annual average flow not to exceed 21,000,000 gallons per day via irrigation of approximately 6,000 acres of City-owned pasture and cultivated land. The sludge treatment works and sludge disposal site are located at the north-northwest portion of Irrigation Site #1, which is approximately 7,000 feet southeast of the intersection of Interstate Highway 20 and State Highway 307 in Midland County, Texas. This permit will not authorize a discharge of pollutants into waters in the State. The non-public access irrigation facilities consist of two sites. Irrigation Site #1 consists of storage lagoons and 2,950 acres of farm land located approximately 7,000 feet southeast of the intersection of Interstate Highway 20 and State Highway 307 in Midland County, Texas. Irrigation Site #2 consists of irrigation storage lagoons and approximately 3,100 acres of land approximately 16 miles east of the City of Midland in Sections 2, 3, 10, 11, 12, 13, 14 and 15, Block 37, TWP3-S of the T & P Railroad Company Survey. The public access irrigation lands are located at the Hogan Municipal Golf Course and the Midland Country Club Golf Course in Midland County, Texas.

CITY OF MONAHANS has applied for a renewal of Permit No. 10224-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,100,000 gallons per day via surface irrigation of 90 acres of private grassland south of the sewage treatment plant; 230 acres of public parks, ball fields and cemetery within the City of Manahans; 130 acres in the Ward County Golf Course; 240 acres surrounding the Hurd Memorial airport. The wastewater treatment facilities and disposal site are located approximately 0.5 mile southeast of the intersection of Interstate Highway 20 and West Loop Road (State Highway 464) in Ward County, Texas.

CITY OF PANORAMA VILLAGE has applied for a renewal of TNRCC Permit No. 11097-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The applicant has also requested a temporary variance to the Texas Surface Water Quality Standards. The plant site is located on the north side of League Line Road approximately 3/4 mile west of Interstate Highway 45 in Montgomery County, Texas.

SHEFFIELD WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 10916-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 21,000 gallons per day via evaporation using a 0.595 acres stabilization-evaporation pond. The wastewater treatment facilities and disposal site are located approximately 1600 feet east of State Highway 349 and 1600 feet south of United States Highway 290, southeast of the City of Sheffield in Pecos County, Texas

TEXAS WORLD SPEEDWAY, INC has applied for a renewal of Permit No. 11047-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located on Speedway property which is located approximately 1 mile east of State Highway 6, and 9 miles southeast of the intersection of State Highways 6 and 30 in Brazos County, Texas.

CITY OF WHITE OAK has applied for a major amendment to TNRCC Permit No. 10940-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 1,000,000 gallons per day to a daily average flow not to exceed 1,100,000 gallons per day. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,100,000 gallons per day. The plant site is located approximately 1,500 feet east of State Highway 42 and 3,800 feet south of U.S. Highway 80 in Gregg County, Texas

Concentrated Animal Feeding Operation

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

C. L. HALL has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new Permit No. WQ0004144-000 to authorize the applicant to operate a new dairy operation at a maximum capacity of 400 head in Hopkins County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The facility is located on the south side of Hopkins County Road 1126 approximately one mile west of the intersection of County Road 1126 and Farm-to-Market Road 275. The intersection of County Road 1126 and Farm-to-Market Road 275 is approximately 3.5 miles north of Miller Grove, Hopkins County, Texas. The facility is located in the drainage area of Lake Fork Reservoir in Segment No. 0512 of the Sabine River Basin.

LEO RUYNE has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new TPDES Permit No. WQ0004130-000 to authorize the applicant to operate a new dairy facility at a maximum capacity of 990 head in Hopkins County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land.The facility is located on an unnamed gravel road east of the intersection of County Road 2341 and the unnamed road and the intersection is approximately 1.3 miles south of the intersection of County Road 2341 and Interstate 30 in Hopkins County, Texas. The facility will be located in the drainage area of Sulphur/South Sulphur River in Segment No. 0303 of the Sulphur River Basin.

TRD-200000171

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 12, 2000


Notice of Water Rights Application

BEXAR METROPOLITAN WATER DISTRICT, 2047 W. Malone, San Antonio, Texas 78225, applicant, seeks an amendment to Certificate of Adjudication No. 19-4768, as amended, pursuant to §11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. Certificate of Adjudication No. 19-4768, as amended, authorizes the owner to divert and use not to exceed 5000 acre-feet of water per annum from the Medina River and O. R. Mitchell (Von Ormy) Reservoir, located on Medio Creek, tributary of the Medina River, tributary of the San Antonio River, San Antonio River Basin, for industrial, municipal, and recreational uses in Bexar County. The owner is also authorized to divert not to exceed 2000 acre-feet of the 5,000 acre-feet of water per annum for irrigation of 800 acres within two tracts of land totaling 1331.4 acres included in Certificate No.19- 4768. Of the 5,000 acre-feet of water authorized for diversion under the certificate, a maximum of 506 acre-feet per annum is authorized to be diverted from the inflows of Von Ormy Reservoir with the balance authorized to be diverted from a specific point on the Medina River. Water diverted from the Medina River may be delivered to Von Ormy Reservoir for subsequent diversion for purposes authorized under the certificate, as amended. The maximum diversion rate authorized under the certificate, as amended, is 19.16 cfs. Certificate No. 19-4768, as amended, contains the following Special Conditions for protection of the downstream environment and senior and superior water rights: 1. Water may be diverted from the Medina River only when the remaining flow downstream of the authorized diversion point equals or exceeds 20 cfs. 2. Certificate owner shall pass all inflows of state water entering Von Ormy Reservoir from the flow of Medio Creek up to 2 cfs. Applicant seeks to amend Certificate of Adjudication No. 19-4768, as amended, by adding a reservoir on the Medina River in Bexar County impounding a maximum of 3 acre-feet with a surface area of 2.82 acre-feet. The reservoir will be used as a 'sump' to divert the water from the Medina River and is located approximately 11 miles southwest of the Bexar County Courthouse and about 1 mile north of the town of Von Ormy, S 10 degrees E, 2,600 feet from the northwest corner of the John S. Simon Survey No. 59, Abstract No. 673, also being 29.308 degrees N Latitude and 98.642 degrees W Longitude. The reservoir will be created by an inflatable weir dam that will be operated only as needed to maintain a sufficient depth of water over applicant's authorized intake pumps to insure efficient operation of the pump station. All land subject to inundation while the weir is inflated is owned by the applicant. A downstream flow of at least 20 cfs will be maintained while the weir is in operation.

Notice is given that NEWLAND ROUND ROCK ASSOCIATES, L.P., A Texas Limited Partnership, 1717 N. Mayes, Suite 300-B, Round Rock, Texas 78664, applicant, seeks a permit pursuant to §11.121, Texas water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. Newland Round Rock Associates, L.P., a Texas Limited Partnership submitted Application No. 5667 to appropriate state water on November 4, 1999. The application was declared administratively complete on December 13, 1999. The Executive Director recommends that public notice of the application be given pursuant to 30 TAC §295.152. Notice should be mailed pursuant to 30 TAC §295.153.(a) and (b) to the water right holders in the Brazos River Basin. The applicant seeks authorization to construct two (2) dams and reservoirs with a total capacity of 12.67 acre-feet on an unnamed tributary of Chandler Branch, tributary of Brushy Creek, tributary of the San Gabriel River, tributary of Little River, tributary of the Brazos River, Brazos River Basin, and to maintain ten (10) existing dams and reservoirs with a total capacity of 77.97 acre-feet on un-named tributaries of McNutt Branch, tributary of Brushy Creek. Combined impoundment of the twelve reservoirs will be 90.64 acre-feet of water for recreational uses in a residential subdivision in Williamson County, Texas. The center point of each dam is located approximately 5 miles south of Georgetown, Texas as follows: Station 3+00 on the dam of 1(C2): Bearing N 13.42 degrees E, 1560 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 33.57 degrees N and Longitude 97.68 degrees W (existing structure). Station 300 on the dam of 2(S1): Bearing S 78.0 degrees E, 1200 feet from the northwest corner of N. B. Anderson Survey, Abstract A-29, Williamson County, also being Latitude 33.56 degrees N and Longitude 97.68 degrees W (existing structure). Station 500 on the dam of 3(M2): Bearing S 72.0 degrees E, 9684 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5775 degrees N and Longitude 97.6475 degrees W (proposed structure). Station 500 on the dam of 4(M3): Bearing N 69.0 degrees E, 9966 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5792 degrees N and Longitude97.6481 degrees W (proposed structure). Station 500 on the dam of 5(M4): Bearing N 70.0 degrees E, 8737 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5767 degrees N and Longitude 97.6500 degrees W (proposed structure). Station 500 on the dam of 6(M5): Bearing N 65.0 degrees E, 8250 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5775 degrees N and Longitude 97.6528 degrees W (proposed structure). Station 500 on the dam of 7(M6): Bearing N 78.5 degrees E, 7144 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5714 degrees N and Longitude 97.6531 degrees W (proposed structure). Station 500 on the dam of 8(M7): Bearing N 73.0 degrees E, 6525 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5828 degrees N and Longitude 97.6542 degrees W (proposed structure). Station 500 on the dam of 9(M9): Bearing N 83.5 degrees E, 7059 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5703 degrees N and Longitude 97.6511 degrees W (proposed structure). Station 500 on the dam of 10(M12): Bearing N 86.0 degrees E, 6946 feet from the southwest corner of Barney C. Low Survey, Abstract A-385, Williamson County, also being Latitude 34.5697 degrees N and Longitude 97.6519 degrees W (proposed structure).

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 any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested amendment and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103 at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200000173

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 12, 2000


Proposals for Decision

The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on January 5, 2000. In the Matter of the appeal of Leroy J. Everett, and Jackie L. Everett dba Cedar Bayou Mobile Home Park; SOAH Docket No.582-99-0681 ;TNRCC Docket No.1998-0213-MWD-E. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200000168

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: January 12, 2000


The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on January 7, 2000. In the matter of the Appeal of Petition of the Director Against Billie and Mae Brookins, Enforcement ID No.13273; SOAH Docket No.582-99- 2628; TNRCC Docket No.1999-0491-AGR-E. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200000169

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: January 12, 2000


Texas Department of Public Safety

Public Hearing Notice

The Texas Department of Public Safety, in accordance with Administrative Procedure and Texas Register Act, Texas Government Code, §2001 et seq., and Texas Transportation Code, Chapter 644, is holding a public hearing on January 25, 2000, at 9:00 a.m., in the Traffic Law Enforcement Conference Room of the Texas Department of Public Safety, 5805 North Lamar Boulevard, Austin, Texas.

The purpose of the hearing is to receive comments from all interested persons regarding adoption of amendments to Administrative Rule §3.62 regarding Transportation Safety, proposed for adoption under the authority of Texas Transportation Code, Chapter 644, which provides that the Director shall, after notice and a public hearing, adopt rules regulating the safe operation of commercial motor vehicles. The proposed rules were published in the December 3, 1999. issue of the Texas Register (24 TexReg 10834).

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

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

TRD-200000095

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: January 6, 2000


Public Utility Commission of Texas

Notice of Application for Authority to Increase Fixed Fuel Factors and Implement Interim Surcharge of Fuel Cost Under-Recoveries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application for authority to increase fixed fuel factors and implement an interim surcharge of fuel cost under-recoveries on January 6, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §36.203 (Vernon 1998).

Docket Style and Number: Application of Central Power and Light Company for Authority to Increase Fuel Factors and to Implement an Interim Surcharge of Fuel Cost Under-Recoveries. Docket Number 21934.

The Application: Central Power and Light Company (CPL) requests authority to increase its fixed fuel factors and implement an interim surcharge of fuel cost under-recoveries, pursuant to the Public Utility Regulatory Act §36.203 and Public Utility Commission Substantive Rule §25.237. CPL's proposed fixed fuel factors would increase its retail fuel and purchased power revenues by approximately $55.4 million annually, effective March 1, 2000. The proposed semi-annual fuel factors, differentiated by voltage level, are as follows per kilowatt-hour:

Service Voltage for Transmission: June - November, $0.017215; December - May, $0.022712.

Service Voltage for Primary: June - November, $0.017615; December - May, $0.022747.

Service Voltage for Secondary: June - November, $0.018368; December - May, $0.023800.

CPL's proposed interim surcharge of fuel and purchased power cost under-recoveries would recover approximately $36.5 million, effective March 30, 2000. The application, if granted, will affect all Texas retail customers of CPL to which fuel factors apply.

Persons who wish to intervene in the proceeding or 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.

TRD-200000113

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2000


Notices of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 4, 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 Metropolitan Telecommunications of Texas, Inc., doing business as MetTel for a Service Provider Certificate of Operating Authority, Docket Number 21861 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, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas, Houston, San Antonio, Austin, Corpus Christi, Midland, Abilene, Lubbock, Amarillo, Brownsville, Wichita Falls, El Paso, Ft. Worth, Waco, Beaumont and San Angelo Local Access and Transport Areas.

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 January 26, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200000096

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 6, 2000


Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 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 Delta Phones, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 21937 before the Public Utility Commission of Texas.

Applicant intends to provide prepaid local service, 9-1-1 and E9-1-1 services, white page directory listings, access to telephone relay services, local number portability, access to directory assistance, and equal access to long distance carriers.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than January 26, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200000146

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 11, 2000


Notice of Application Pursuant to P.U.C. Substantive Rule §23.94

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on December 28, 1999, pursuant to P.U.C. Substantive Rule §23.94 for approval of a rate change.

Tariff Title and Number: Application of Mid-Plains Rural Telephone Cooperative, Inc. to Implement a Minor Rate Change and Offer a New Service Pursuant to P.U.C. Substantive Rule §23.94. Tariff Number 21906.

The Application: Mid-Plains Rural Telephone Cooperative, Inc. (Mid-Plains or the cooperative) seeks to establish rates, terms and conditions to provide a new service offering: Directory Assistance. In addition, the Cooperative proposes to increase the local per-call rate for its public telephone service from the current rate of $ .10 cents to $ .25 cents per call to better reflect the cost of providing the service. The cooperative estimates the proposed rate changes will result in a decrease of $5,200 in intrastate gross annual revenue. The cooperative proposes an effective date of May 1, 2000.

Subscribers of Mid-Plains have a right to petition the commission for review of this proposed rate change by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 166 affected local service customers, and must be received by the commission no later than March 30, 2000.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before March 30, 2000. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Please reference Tariff Number 21906.

TRD-200000097

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 6, 2000


Public Notices of Amendment to Interconnection Agreement

On January 4, 2000, Southwestern Bell Telephone Company and Logix Communications Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21925. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21925. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 3, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 21925.

TRD-200000138

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2000


On January 6, 2000, Southwestern Bell Telephone Company and Media Communications Consultants, L.L.C., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21933. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21933. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 3, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 21933.

TRD-200000140

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2000


Public Notice of Interconnection Agreement

On January 4, 2000, Southwestern Bell Telephone Company and Delta Phones, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21926. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21926. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 3, 2000, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 21926.

TRD-200000139

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2000


Public Notice of Workshop Concerning Provider of Last Resort And Request For Comments

The Public Utility Commission of Texas (commission) will host a workshop to discuss a rulemaking to implement Public Utility Regulatory Act (PURA) §39.106, relating to the designation of provider of last resort for electric service. The workshop will be held on February 24, 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.

Project Number 21408, Rulemaking to Implement PURA §39.106 Relating to Provider of Last Resort has been established for this proceeding. Through this workshop, the commission will gather information from interested persons on certain provisions of PURA, effective September 1, 1999, that affect the provider of last resort service in Texas. The workshop agenda will not be confined solely to questions proposed by the commission staff; a portion of the workshop will be reserved for open discussion of general or specific issues of interest to attendees.

Before the workshop commences, the commission requests interested persons file comments addressing staff questions and come to the workshop prepared to discuss staff's questions. These questions are also available in Central Records under Project Number 21408 or from the commission's Web site located at www.puc.state.tx.us/rules/rulemake/21408/21408.cfm.

The questions set out below are intended to begin the discussion of issues related to the Provider of Last Resort (POLR) and help the staff in planning an initial workshop in this rulemaking proceeding. Other issues, such as the details of how to select a POLR will follow in later workshops.

1. How should the service area of the POLR be defined in terms of customer base, geographical limits, existing service territories, or other?

2. What components should define the POLR's standard retail service package?

3. How should the commission designate the customer classes?

4. PURA §39.106(c) implies that the customer will have a choice between the basic service offered by the POLR and other competitors. What pricing, planning, or other issues result for POLRs and/or retail electric providers regarding §39.106(c)?

5. How should a "fixed, non-discountable rate" be designed? Should the rate be an amount certain or a formula? If a formula, what would be its components? Does a "fixed, non- discountable rate" allow for seasonal rate fluctuations? If so, how would seasons be defined?

6. Should the designation of a retail electric provider as the POLR be for a set period of time after which the commission would designate the next POLR for that area? If so, what period of time?

7. PURA §39.106 implies that the POLR should (1) provide a safety net to ensure service without interruption to all customers, (2) have an obligation to serve the customers in the POLR's service area, and (3) make available basic standard retail service to all customers. What other functions, if any, should the POLR play in the competitive market?

8. What procedures and criteria should the commission use in the selection of a POLR in all relevant service territories?

9. Are there other issues that need to be addressed early in this rulemaking proceeding?

10. What are the principles and/or goals that should underlie this rulemaking?

Sixteen copies of comments may be filed with the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711- 3326 within 14 days of the date of publication of this notice. All comments should reference Project Number 21408. On or before February 17, 2000, the commission will file an agenda for the workshop, which will be available in Central Records under Project Number 21408. Copies of the agenda will also be available at the workshop.

Questions concerning Project Number 21408 may be referred to Danielle Jaussaud, Office of Regulatory Affairs, (512) 936-7396 or via email: danielle.jaussaud@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200000153

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 11, 2000


Public Notice of Workshop on Stranded Cost Recovery of Environmental Cleanup Costs

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding a rulemaking to implement Public Utility Regulatory Act (PURA) §39.263 relating to stranded cost recovery of environmental cleanup costs. The workshop will be held on Thursday, February 3, 2000, at 9:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.

Project Number 21406, Standards for Recognition of Costs of Environmental Clean-up or Plant Retirement , has been established for this proceeding. Through this workshop, the commission will gather information from interested persons and discuss possible rule language concerning the above-stated provisions of PURA, effective September 1, 1999, that affect the recovery of environmental cleanup costs by electric utilities and affiliated power generation companies.

On or before January 14, 2000, a staff strawman draft rule will be made available in Central Records and on the web site under Project Number 21406. On or before January 24, 2000, staff will file an agenda for the workshop, which will be available in Central Records and on the commission's web site under Project Number 21406.

Questions concerning the workshop or this notice should be referred to Brian Almon, Assistant Director for Engineering, Electric Industry Analysis Division, at (512) 936-7355. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200000137

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2000


Records Management Interagency Coordinating Council

Functional Requirements for Managing Electronic Records

The Records Management Interagency Coordinating Council (RMICC) was directed by the 75th Legislature (Senate Bill 897.4 (SB)), 1997, to study the challenges digital formats bring to the management of state records and to public access to state information. The results of the study, along with recommendations to the 76th Legislature (1999), were published in the Electronic Records Research Report in November, 1998.

One recommendation was for the Department of Information Resources and the Texas State Library and Archives Commission (or RMICC) to jointly establish and publish guidelines for using standard functional requirements for electronic recordkeeping systems.

The draft document is available for review and comment from the following web site: http://www.tyc.state.tx.us/errc . To request a print copy, please telephone: (512) 463-5460. If you call, please specify that you are requesting the draft document for RMICC.

Please send your comments by March 1, 2000 to: Martha Richardson, Department of Information Resources, 300 West 15th Street, Austin, TX 78701, phone: (512) 475-4728, fax: (512) 475-4759, E-mail: martha.richardson@dir.state.tx.us

The proposed publication date of the revised and adopted guidelines is June 1, 2000.

The guidelines are intended to encourage standardization for recordkeeping systems, enabling agencies and universities to share data more readily, manage records more effectively, and respond to requests from the public more efficiently.

TRD-200000219

Dan Procter

Liaison

Records Management Interagency Coordinating Council

Filed: January 13, 2000


Research and Oversight Council on Workers' Compensation

Revisions to the FY 2000 ROC Research Agenda

The Research and Oversight Council on Workers' Compensation (ROC) has been tasked with the administration of research contracts resulting from the legislatively mandated studies listed in House Bill 3697 (HB). ROC staff proposes the following revised FY 2000 ROC Research Agenda to account for additional resource requirements associated with the administration of these research contracts. At a meeting to be held on February 1, 2000, the ROC Board will select projects from this list for completion during FY 2000 based on available resources.

An Analysis of Existing Medical Benefit Delivery Enforcement Mechanisms and Resources.

Descriptive Analysis of the Statutory and Regulatory Provisions Relating to Change of Treating Doctor and Their Application in the Texas Workers' Compensation System.

An Analysis of the Frequency and Outcomes of Injured Worker Requests for Change of Treating Doctor Over Time.

Comparison of the Texas Medical Dispute Resolution System with Dispute Resolution Systems in Other States.

Factors Associated with MMI/Impairment Rating Disputes and the Impact on These Disputes on System Costs.

Examination of Current Regulatory Efforts to Ensure Quality MMI/Impairment Rating Evaluations.

Examination of the Impact of "Substantial Change in Condition" Issues on Impairment Ratings.

A Description of Services Provided by the Texas Rehabilitation Commission (TRC) to Injured Workers.

TRD-200000194

Amy E. Lee

Policy Research Coordinator

Research and Oversight Council on Workers' Compensation

Filed: January 12, 2000


State Securities Board

Correction of Error

The State Securities Board proposed amendments to 7 TAC §§113.14, 113.15, 113.17, 113.20-113.23, concerning registration of securities. The proposed rules appeared in the December 31, 1999, Texas Register (24 TexReg 11842-11844).

Due to errors by the Texas Register the chapter heading was published as "REGISTRATION AND SECURITIES". The correct chapter heading is "REGISTRATION OF SECURITIES".

In §113.22(c)(1) the text in brackets "[broker dealers] is proposed for deletion and should be printed with strike-through marks.


Council on Sex Offender Treatment

Correction of Error

The Council on Sex Offender Treatment adopted new 22 TAC §810.122 and §810.153, concerning the procedures relating to the civil commitment of sexually violent predators and the development of a case management system which provides appropriate and necessary treatment and supervision. The rules were published in the December 24, 1999, Texas Register (24 TexReg 11760).

Due to errors in the Council's submission, the following corrections are necessary.

In §810.122(12) the definition for "Polygraph examiner" omitted the word "Polygraph" between the words "Joint" and "Committee". The definition should read, "Polygraph examiner-A licensed polygrapher who adheres to the Joint Polygraph Committee on Offender Testing (JPCOT) for polygraphing sex offenders."

In §810.153(5) the word "Polygraph" was omitted from the last sentence between the words "Joint" and "Committee". The last sentence is paragraph (5) should read as follows. "The council shall only approve treatment plans which utilize licensed polygraphers who agree to adhere to the Joint Committee guidelines for polygraphing sex offenders."


Stephen F. Austin State University

Notice of Availability of Consulting Services Contract

Pursuant of Chapter 2254, Government Code, Stephen F. Austin State University (SFASU) requests proposals from qualified firms for consultant services related to instructional analysis and design. The firm hired will provide an instructional analysis of content for preparation of teachers of the children with visual impairment and orientation and mobility specialists.

SFASU will select the consultant based on demonstrated competence, knowledge, qualifications, and reasonableness of the proposed fee; additionally, if other considerations are equal, preference will be given to a consultant whose principal place of business is in Texas or who will manage the contract wholly from an office in Texas.

Firms interested in responding to this request for proposals may obtain information by contacting Anna Bradfield, Ph.D., Project Director, P.O. Box 13019, Nacogdoches, Texas, 75962. Tekeogibe (409) 468-2906.

Proposals must be received no later than 2:00 p.m., February 4, 2000.

TRD-200000090

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: January 5, 2000


Texas Department of Transportation

Notice of Intent, Segment F-1 EIS

Notice of Intent, Segment F-1 EIS: Pursuant to 43 TAC §2.43, the Texas Department of Transportation (TxDOT) is issuing this Notice of Intent (NOI) to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed project to develop Segment F-1 of State Highway 99 (the Grand Parkway) from U.S. Highway 290 to State Highway 249 in Harris County, Texas.

TxDOT and the Grand Parkway Association, in cooperation with the Federal Highway Administration (FHWA) are considering an upgrade of the transportation network in Harris County. A Draft Environmental Impact Statement (DEIS) will evaluate transportation alternative strategies, including different combinations of modes of transportation to address existing and projected traffic demand. This study is authorized pursuant to the Texas Transportation Commission Minute Order No. 107844 issued May 27, 1999. The majority of the study corridor crosses relatively undeveloped properties in Harris County, although subdivision has occurred in portions. Cities and towns in the region include Hockley and Tomball.

A public scoping meeting will be held on February 2, 2000, at Tomball College, 30555 Tomball Parkway (off S.H. 249), Tomball, Texas, from 4 p.m. to 7 p.m. Large scale maps with environmental and social features will be available at the meeting, and several corridors will be shown on these maps. These maps and corridors will reflect input from public workshops held in August 1999. The scoping process will continue throughout the development of the environmental document.

Alternatives under consideration include taking no action (the no-build alternative), Transportation System Management (TSM) alternative, mass transit alternative, or roadway build alternative. Impacts caused by the construction and operation of the facility will vary according to the transportation alternative utilized. Generally, the impacts would include, but not be limited to, transportation impacts (construction detours, construction traffic, mobility improvements and evacuation route improvement), air and noise impacts from construction equipment and operation of the facility, water quality impacts from construction area and roadway storm water runoff, impacts to water of the United States including wetlands from right of way encroachment, and impacts to residents and businesses based on potential displacements. These alternatives will be analyzed in further detail during the EIS review process.

Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties.

Agency Contact: Comments or questions concerning this proposed action and the EIS should be directed to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 150 E. Riverside Drive, Building 118, Austin, Texas 78704; phone 512-416-2734.

TRD-200000182

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 12, 2000


Notice of Intent, Segment F-2 EIS

Notice of Intent, Segment F-2 EIS: Pursuant to 43 TAC §2.43, the Texas Department of Transportation (TxDOT) is issuing this Notice of Intent (NOI) to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed project to develop Segment F-2 of State Highway 99 (the Grand Parkway) from State Highway 249 to Interstate Highway 45 (North) in Harris County, Texas.

TxDOT and the Grand Parkway Association, in cooperation with the Federal Highway Administration (FHWA) are considering an upgrade of the transportation network in Harris County. A Draft Environmental Impact Statement (DEIS) will evaluate transportation alternative strategies, including different combinations of modes of transportation to address existing and projected traffic demand. This study is authorized pursuant to the Texas Transportation Commission Minute Order No. 107844 issued May 27, 1999. The majority of the study corridor crosses rapidly developing properties in Harris County. Cities and towns in the region include Tomball and Spring.

A public scoping meeting will be held on February 2, 2000, at Tomball College, 30555 Tomball Parkway (off S.H. 249), Tomball, Texas, from 4 p.m. to 7 p.m. Large scale maps with environmental and social features will be available at the meeting, and several corridors will be shown on these maps. These maps and corridors will reflect input from public workshops held in August 1999. The scoping process will continue throughout the development of the environmental document.

Alternatives under consideration include taking no action (the no-build alternative), Transportation System Management (TSM) alternative, mass transit alternative, or roadway build alternative. Impacts caused by the construction and operation of the facility will vary according to the transportation alternative utilized. Generally, the impacts would include, but not be limited to, transportation impacts (construction detours, construction traffic, mobility improvements and evacuation route improvement), air and noise impacts from construction equipment and operation of the facility, water quality impacts from construction area and roadway storm water runoff, impacts to water of the United States including wetlands from right of way encroachment, and impacts to residents and businesses based on potential displacements. These alternatives will be analyzed in further detail during the EIS review process.

Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties.

Agency Contact: Comments or questions concerning this proposed action and the EIS should be directed to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 150 E. Riverside Drive, Building 118, Austin, Texas 78704; phone 512-416-2734.

TRD-200000183

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 12, 2000


Notice of Intent, Segment G EIS

Notice of Intent, Segment G EIS: Pursuant to 43 TAC §2.43, the Texas Department of Transportation (TxDOT) is issuing this Notice of Intent (NOI) to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed project to develop Segment G of State Highway 99 (the Grand Parkway) from Interstate Highway 45 (North) to U.S. Highway 59 (North) in Harris County, Texas and Montgomery County, Texas.

TxDOT and the Grand Parkway Association, in cooperation with the Federal Highway Administration (FHWA) are considering an upgrade of the transportation network in Harris and Montgomery counties. A Draft Environmental Impact Statement (DEIS) will evaluate transportation alternative strategies, including different combinations of modes of transportation to address existing and projected traffic demand. This study is authorized pursuant to the Texas Transportation Commission Minute Order No. 107844 issued May 27, 1999. The majority of the study corridor crosses relatively undeveloped properties in Harris and Montgomery counties, although subdivision has occurred in portions. Cities and towns in the region include Spring, New Caney, and Porter.

A public scoping meeting will be held on February 3, 2000, at Kingwood College, 20000 Kingwood Drive, Kingwood, Texas, from 4 p.m. to 7 p.m. Large scale maps with environmental and social features will be available at the meeting, and several corridors will be shown on these maps. These maps and corridors will reflect input from public workshops held in August 1999. The scoping process will continue throughout the development of the environmental document.

Alternatives under consideration include taking no action (the no-build alternative), Transportation System Management (TSM) alternative, mass transit alternative, or roadway build alternative. Impacts caused by the construction and operation of the facility will vary according to the alternative alignment utilized. Generally, the impacts would include, but not be limited to, transportation impacts (construction detours, construction traffic, mobility improvements and evacuation route improvement), air and noise impacts from construction equipment and operation of the facility, water quality impacts from construction area and roadway storm water runoff, impacts to water of the United States including wetlands from right of way encroachment, and impacts to residents and businesses based on potential displacements. These alternatives will be analyzed in further detail during the EIS review process.

Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State, and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties.

Agency Contact: Comments or questions concerning this proposed action and the EIS should be directed to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 150 E. Riverside Drive, Building 118, Austin, Texas 78704; phone 512-416-2734.

TRD-200000181

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 12, 2000


Request for Proposal

Request for Proposal: In accordance with Transportation Code, Chapter 455, the Texas Department of Transportation (TxDOT) is requesting proposals to develop and support intercity bus service within Texas. Specifically, funding for intercity bus service is to strengthen the connection between nonurbanized areas and the larger regional or national system of intercity bus service; to support services to meet the intercity travel needs of residents in nonurbanized areas; and to support the infrastructure of the intercity bus network through planning and marketing assistance and capital investment in facilities and vehicles.

For purposes of this RFP, the term "intercity service" is defined as regularly scheduled bus service for the general public which operates with limited stops over fixed routes connecting two or more urban areas not in close proximity, which has the capacity for transporting baggage carried by passengers, and which makes meaningful connections with scheduled intercity bus service to more distant points, if such service is available.

For purposes of this RFP, the term "firm" is defined to include members of the intercity bus industry and local public bodies and agencies. The applicant must have the authority to enter into an agreement with TxDOT. Projects will be funded with grants of Federal Transit Administration funds (Section 5311f) which can provide up to 80% of the cost of capital projects. The remaining balance must be from local funds. No state appropriated funds will be available as match for the federal funds. Funds will be distributed on a reimbursement basis and must be obligated within 60 days from the date of award. All work must be completed within a specified time period from the date the contract is executed. The contract period is one year for mobility aid projects, marketing activities, service planning, and vehicle purchases, and two years for facility projects.

Description of Service. TxDOT has identified eligible projects in consultation with members of the public transportation industry and the intercity bus industry for:

1. The construction, rehabilitation, maintenance, or acquisition of public transit facilities;

2. The modification of over-the-road coaches to board, secure, and transport persons with disabilities;

3. Marketing activities aimed at increasing public awareness and ridership of intercity bus transportation;

4. Service planning for the purpose of evaluating existing and future service; and

5. The purchase of wheelchair-accessible vehicles with provisions for passenger luggage.

Proposals for public transit facilities must include open and equal access for all intercity bus carriers serving the community and at least one of the following: passenger rail, urbanized public transit, rural public transit, or common carrier air passenger service. The community must currently have the type of passenger service proposed. TxDOT can provide up to 80% of the cost of construction, rehabilitation, maintenance, or purchase of public transit facilities. The appraised value of the land may be applied toward the local match. Section 5311f funding for capital projects in urbanized areas (population greater than 50,000) is limited to those aspects of the project which can be identified as directly benefiting and supporting service to and from nonurbanized areas (population less than 50,000).

Proposals for the modification of over-the-road coaches to transport persons with disabilities may include but are not limited to mobility aid lifts, securement devices, and onboard restroom accommodations. TxDOT can pay up to 80% of the costs of the mobility aid modifications on currently owned or leased over-the-road coaches, or will pay up to 100% of the costs of the mobility aid modifications of new over-the-road coach purchases (not to exceed 20% of the total cost of the vehicle including modifications).

Proposals for marketing activities may include but are not limited to television, radio, and print media advertising; billboards and signs; market research; route maps and schedules; information kiosks; and promotions and special events. TxDOT can provide up to 80% of the cost of marketing activities for the purpose of increasing public awareness and ridership of intercity bus transportation.

Proposals for service planning may include but are not limited to route feasibility and route realignment studies. TxDOT can provide up to 80% of the cost of service planning aimed at increasing efficiency and intercity bus ridership.

Proposals for vehicle purchases may include wheelchair accessible vehicles with provisions for passenger baggage. Funds are not available for the purchase of over-the-road coaches. TxDOT can provide up to 80% of the cost of vehicle purchases.

Funding Source. Funds to enhance intercity bus service in Texas are to be drawn from "set aside" dollars from the Federal nonurbanized public transportation program.

Evaluation Criteria. All proposals will be evaluated by addressing the qualifications of the contractor (30%), the proposed budget (20%), and the technical merits of the proposal (50%).

Public Transit Facilities: Preference will be given to projects located in areas with a population of less than 200,000. Preference will be given to projects offering an increased number of transportation mode choices (transit, air, rail, etc.). The proposed facility must serve more than one public transportation or intercity provider.

Facility proposals should describe all phases of the project. Each phase should have enough detail to permit the department to fund each phase of the project upon completion. This will enable the department to establish a multiyear contract which will facilitate the funding for the entire project.

Funds are available for construction to include rehabilitation of terminals. Rehabilitation may include, but is not limited to, modifications required to make terminals accessible to persons with disabilities, roof renovation, and heating and air conditioning modernization. No funds for current or future terminal operations will be available.

Projects must comply with all local, state, and federal laws and rules, including environmental clearances. The finished facility must be owned by the firm, including private bus companies providing scheduled service, submitting the proposal. Land must be clear of liens and owned by the firm prior to the beginning of any construction activity.

The technical merits of proposals for public transit facilities will be determined by:

1. Cost of improvement - Number of passengers served annually divided by the cost of the project (25 points).

2. Terminal(s) located in area(s) with population less than 200,000 (20 points).

3. Number of different transportation modes using the terminal (25 points).

4. Number of passenger amenities in completed terminal project (15 points).

5. Percent of local share. Itemize source and amount of local share (15 points).

Mobility Aid Modifications. Preference will be given to proposals which increase the number of persons with disabilities served. Modifications should be such that passengers requiring the use of mobility aids can safely enter and be secured. Modifications to existing vehicles should be done as part of a total rehabilitation to extend the life of the vehicle.

The technical merits of proposals for mobility aid modifications will be determined by:

1. Projected increase in number of persons with disabilities served - persons with disabilities served annually divided by number of passengers served annually (25 points).

2. Work with other public transportation and intercity providers (10 points).

3. Percentage of fleet to be converted (10 points).

4. Project goals and objectives clearly defined (20 points).

5 Improvement of customer service (20 points).

6. Percent of local share. Itemize source and amount of local share (15 points).

Marketing Activities. Preference will be given to projects which target and clearly define a specific market segment and projects which improve intercity customer service.

The technical merits of proposals for marketing activities will be determined by:

1. Scope of project clearly defined (20 points).

2. Work with other public transportation and intercity providers (10 points).

3. Cost of reaching target audience. Target audience population divided by project cost (15 points).

4. Improvement of customer service (20 points).

5. Project implementation timetable (20 points).

6. Percent of local share. Itemize source and amount of local share (15 points).

Service Planning. Preference will be given to projects with a higher return on investment and clearly defined goals and objectives.

The technical merits of proposals for service planning or service enhancement will be determined by:

1. Project goals and objectives clearly defined (20 points).

2. Work with other public transit and intercity providers (10 points).

3. Projected return on investment. - Increase in revenue divided by project cost (35 points).

4. Project implementation timetable (20 points).

5. Percent of local share. Itemize source and amount of local share (15 points).

Vehicle purchases are limited to wheelchair accessible vehicles with provisions for passenger baggage. Funds are not available for the purchase of over-the-road coaches.

The technical merits of proposals for vehicle purchases will be determined by:

1. Vehicle deployment - Narrative including a general description of vehicle type(s) and how the vehicle(s) will be placed into service (45 points).

2. Vehicle specifications - Develop competitive specifications to use in the procurement of the proposed vehicle(s) including the floorplan(s) (40 points).

3. Percent of local share. Itemize source and amount of local share. (15 points).

TxDOT reserves the right to contact a firm to obtain written clarification of information submitted or any other matter deemed appropriate for the evaluations. No negotiations, decisions, or actions shall be executed by the bidder, or firm, as a result of any discussions with any state employee. TxDOT will contact the designated project manager in the event clarification is required during the proposal evaluation process. TxDOT will consider from firms only the addenda which are in writing and signed by an authorized officer of the firm.

In evaluating proposals, TxDOT has the right to accept or reject all or any proposal, and award the proposal to best serve the intercity bus industry in Texas. TxDOT has the right to accept or reject any part of a proposal, or modify any proposal to best serve the intercity bus industry in Texas. TxDOT has the right to use any or all information contained in the proposal, without limitation.

Proposal Submission and Requirements. Firms responding to this RFP must submit to TxDOT six identical copies of the proposal.

Proposals must contain at least the following information:

1. Cover Letter - This should include a brief summary of the proposed project, the name, address, and telephone number/fax number of the firm, and the name of the designated contact person.

2. Qualifications of the firm submitting the proposal - This is 30% of the evaluation of the proposal. This narrative shall articulate the firm's understanding of the project and demonstrate the firm's ability to complete the project in a timely manner. Describe any related projects the firm has completed that demonstrate the firm's abilities. List key personnel, their qualifications, and their role in the project. Firms with existing intercity bus contracts must address any performance issues regarding those contracts including any lessons learned. Poor performance on past contracts may lead to disqualification of the proposal.

3. Technical Project Description - The firm should provide a detailed project outline/work plan describing the technical merits of the proposal. The criteria for this part of the proposal will vary depending on the type of project being proposed. This is 50% of the evaluation of the proposal. The purpose of the project outline/work plan is to specify the exact nature of the project. Applicants should fully address how the project meets the scoring criteria specific to the type of project.

4. Project Budget - The firm is expected to provide detailed, itemized, specific project cost information with the understanding that supporting detail may be requested during the selection process. This is 20% of the evaluation of the proposal. Transit facility budgets must contain at a minimum: site preparation (if applicable), construction, material, supplies, labor, salary, and equipment costs. Mobility aid modification budgets must contain at a minimum: salary/labor, material, and supplies cost. Marketing and service planning budgets must contain at a minimum: salary costs (by staff titles), fringe benefits (by staff titles), travel, equipment, supplies, and contracts. Vehicle procurement budgets must include the estimated unit price of the vehicle(s) and an itemized price list of optional equipment. All sources of match funds must be listed and documented for all projects.

5. Certifications - Each applicant is required to provide certifications and assurances with their proposal. These certifications and assurances include but are not limited to: Labor; Substance Abuse; Debarment and Suspension, Lobbying, and Environmental Compliance. Standard certifications may be previewed at http://www.fta.dot.gov/ntl/index.html.

6. Signature Page - All proposals must be signed by an authorized officer of the firm.

Proposals must arrive at 150 E. Riverside Drive., Austin, Texas 78704, (TxDOT, Public Transportation Division, Attn.: Paul Moon) no later than noon on March 14, 2000. Proposals may be delivered by hand or by courier to 150 E. Riverside Drive, Austin, Texas 78704, (TxDOT, Public Transportation Division, Attn.: Paul Moon). Proposals may be mailed to Paul Moon, TxDOT, Public Transportation Division, 125 E. 11th. Street, Austin, Texas 78701-2483. Facsimile or e-mail submissions will not be accepted by TxDOT. Proposals or modifications or addenda to proposals received after the prescribed date and time will not be considered. Any proposal may be modified or withdrawn by written notice received in the location designated above at any time prior to noon on April 4, 2000. All proposals received, even those withdrawn from consideration, become the property of TxDOT.

Notification of Award. TxDOT will notify all firms submitting proposals in response to this RFP after the selection has been made. It is anticipated that contracts will be awarded on or about May 25, 2000. The relative standing or merits of unsuccessful projects will not be discussed.

Agency Contact. Questions concerning this request for proposals should be submitted to Paul Moon, TxDOT, Public Transportation Division, 125 E. 11th. Street, Austin, Texas 78701-2483, phone (512) 416-2825, e-mail: pmoon@dot.state.tx.us.

TRD-200000184

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 12, 2000


Texas Turnpike Authority Division of the Texas Department of Transportation

Notice of Intent

Pursuant to the authority granted under the Texas Transportation Code, Chapter 361, the Texas Turnpike Authority Division of the Texas Department of Transportation ("TTA") is issuing this notice of intent to issue a request for proposals ("RFP") from qualified firms interested in providing professional geotechnical engineering services (the "Geo Services") for the TTA. The Geo Services the TTA seeks will include the conduct of a geotechnical survey of a potential turnpike corridor(s), an analysis and evaluation of the geologic properties of formations and strata extant in the corridor(s), the writing and publishing of a geotechnical report recommending various design and construction parameters and techniques which should be considered, and the collating and publishing of the results of the geotechnical survey.

Through this notice the TTA is seeking letters of request ("LOR") from firms routinely providing such Geo Services who are interested in receiving a RFP. The TTA anticipates issuing the RFP, receiving and analyzing the RFP responses, conducting interviews with a short-listed group of proposers, and selecting a qualified Geo Engineer(s) to provide the services through a contractual arrangement with the TTA.

Release of RFP and Response Deadline. The TTA currently anticipates that the RFP will be available on or about January 28, 2000. Copies of RFP will be mailed or provided to those parties, which have submitted a LOR by the deadline stated herein. Responses to the RFP will be due on February 18, 2000. Additional details concerning this process will be contained within the RFP.

Deadline for Letters of Request. A LOR notifying the TTA of a firm's request for a copy of the RFP will be accepted by fax at (512) 936-0970 (Attention: David Kopp) or by mail, hand-delivery, or overnight courier at: Texas Turnpike Authority Division of the Texas Department of Transportation, 125 East 11th Street, 5th Floor, Austin, Texas 78701, Attention: David Kopp LORs must identify contact person and an address to which the RFP should be sent. LORs will be received until 4:45 p.m. CST January 28, 2000.

TRD-200000175

Phillip Russell

Director

Texas Turnpike Authority Division of the Texas Department of Transportation

Filed: January 12, 2000