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
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
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
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
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
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
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
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 Consumer
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
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
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
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
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
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
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.
[graphic]
[graphic]
[graphic]
In issuing new licenses and amending and renewing existing licenses, the
Texas Department of Health, Bureau of Radiation Control, has determined that
the applicants are qualified by reason of training and experience to use the
material in question for the purposes requested in accordance with 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 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
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 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
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
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
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
Announcement of Public Comment Period for the 2000 State of Texas Low Income Housing Plan and Annual Report -
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;
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
(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
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
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
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
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
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
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
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 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
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
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
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
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
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:
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
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
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.
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."
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
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: 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: 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: 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
Request for Proposals
Office of the Attorney General
Texas Water Code and Texas Health and Safety Code Enforcement Settlement Notice
Texas Commission for the Blind
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Department of Criminal Justice
Interagency Council on Early Childhood Intervention
Texas Education Agency
Request for Applications Concerning Technology Integration in Education (TIE) for School Year 2000-2001
State Employee Charitable Campaign
Texas Department of Health
Notice of Emergency Cease and Desist and Impoundment Order on Coastal Wireline Services
Notice of Intent to Revoke Certificates of Registration
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Memorial Hermann Hospital System, Inc.
Notice of Request for Proposals for Independent Financial and Performance Audits of Administrative Services Provided by Texas Medicaid Administrative Contractors
Notice of Request for Proposals for Reprocurement and Evaluation of LoneSTAR Selective Contracting Programs
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
HOME Investment Partnership Program - Correction to Notice of Workshops
Public Comments to the Community Development Block Grant Program Proposed 2000 One-Year Action Plan
Texas Department of Human Services
Public Notice - Open Solicitation #3 for Sherman County
Texas Department of Insurance
Revised Notice of Public Hearing
Third Party Administration Applications
Texas Lottery Commission
Instant Game Number 175 "Touchdown"
Texas Department of Mental Health and Mental Retardation
Texas Natural Resource Conservation Commission
Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Participate in Permitting Matters
Notice of Water Quality Applications
Notice of Water Rights Application
Proposals for Decision
Texas Department of Public Safety
Public Utility Commission of Texas
Notices of Application for Service Provider Certificate of Operating Authority
Notice of Application Pursuant to P.U.C. Substantive Rule §23.94
Public Notices of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop Concerning Provider of Last Resort And Request For Comments
Public Notice of Workshop on Stranded Cost Recovery of Environmental Cleanup Costs
Records Management Interagency Coordinating Council
Research and Oversight Council on Workers' Compensation
State Securities Board
Council on Sex Offender Treatment
Stephen F. Austin State University
Texas Department of Transportation
Notice of Intent, Segment F-2 EIS
Notice of Intent, Segment G EIS
Request for Proposal
Texas Turnpike Authority Division of the Texas Department of Transportation