Ark-Tex Council of Governments
Legal Notice
Notice of opportunity to make comments or request a public hearing is hereby
given by Ark-Tex Council of Governments on the continuation of rural public
transportation services within Bowie, Cass, Delta, Franklin, Hopkins, Lamar,
Morris, Red River and Titus Counties in Texas. Financial assistance to provide
this service is being sought from the Federal Transit Administration through
the Texas Department of Transportation. Service will be for the general public,
will be demand response, and deviated fixed route and fares will be charged
for this service. Written comments or a written request for a public hearing
are being accepted at P. O. Box 5307, Texarkana, Texas 75505-5307, until July
16, 2000. Further information can be found at the Ark-Tex Council of Governments
located at 122 Plaza West, Texarkana, Texas.
TRD-200004096
Genevieve Burtchell
Director of Regional Planning and Development
Ark-Tex Council of Governments
Filed: June 12, 2000
Notice of Extension of Deadline for Access and Visitation Grant Request for Letters of Intent
The Office of the Attorney General (OAG), Child Support Division (CSD)
published the notice for Access and Visitation Grant Request for Letters of
Intent in the April 14, 2000, issue of the
Texas
Register
(25 TexReg 3321). The Office of the Attorney General is amending
the original deadline date published in the April 14, 2000, issue. The deadline
for receiving applications and written expressions of interest has been extended
from June 16, 2000 to July 7, 2000.
The original notice, with the exception of the extended date, reads:
Pursuant to 42 U.S.C. 669b, the U.S. Department of Health and Human Services
is providing grant funding to the State of Texas for non-custodial parent
access and visitation programs. The Office of the Attorney General is responsible
for the administration of the program in Texas. The Office of the Attorney
General intends to award grants to eligible entities for the purposes of the
program.
These grants may be used to establish and administer programs to support
and facilitate non-custodial parent's access to and visitation with their
children. Eligible activities include: mediation, counseling, education, development
of parenting plans, visitation enforcement (including judicial enforcement,
monitoring, supervision and neutral drop-off and pickup), and development
of guidelines for visitation and alternative custody arrangements. Projects
funded under this program do not have to run on a statewide basis. Entities
eligible for funding include: courts, local public entities, and private non-profit
organizations. Matching funds (cash or in-kind) are required.
The Office of the Attorney General, as the state's Title IV-D agency, invites
written expressions of interest in this grant program from eligible entities
postmarked no later than 5:00 p.m. CDST, July 7, 2000. The deadline for application
submission has been extended to 5:00 p.m. CDST, July 7, 2000. Respondents
will be sent a complete application package. Letters of interest must be sent
to:
Regular Mail
Arlene Pace
Office of the Attorney General
Child Support Division
P. O. Box 12017
Mail Code 058-4
Austin, Texas 78711-2017
Express Services (non-U.S. Postal Service)
Arlene Pace
Office of the Attorney General
Child Support Division
5500 East Oltorf
Mail Code 058-4
Austin, Texas 78741
Letters of interest may be sent via E-mail to arlene.pace@oag.state.tx.us
and for additional information you may call (512) 460-6993.
For further information, please call A. G. Younger
at (512) 463-2110.
TRD-200004171
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: June 14, 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 May 31, 2000, through June 8, 2000:
FEDERAL AGENCY ACTIONS:
Applicant: Texas Parks and Wildlife Department; Location: The project is
located on the southern shoreline of West Bay (Jumbilee Cove), near Bob Smith
Road, in Jamaica Beach, Galveston County, Texas. CCC Project No.: 00-0182-F1;
Description of Proposed Action: The applicant proposes to conduct a marsh
restoration and protection project by placing fill material in 36 acres of
shallow open water. Approximately 98,125 cubic yards of material would be
hydraulically dredged from an on-site shallow-water borrow area and would
be used to create 625 marsh mounds. Also proposed is the construction of a
6,000-foot levee to protect the planted mounds and the existing marsh from
wind-driven erosion and provide a bird resting area. Type of Application:
U.S.A.C.E. permit application #22015 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: Coastal Oil & Gas Corporation; Location: The project is
located approximately 2.5 miles south of Smith Point in State Tracts 139 and
195 in East Bay, Galveston County, Texas. CCC Project No.: 00-0183-F1; Description
of Proposed Action: The applicant proposes to abandon in place 1,688 feet
of 2-7/8 inch natural gas pipeline. The pipeline is buried a minimum of 2
feet below the bay bottom. The applicant states that removing the pipeline
from the waterway would impact numerous oyster reefs in the area that are
located on and near the pipeline. Type of Application: U.S.A.C.E. permit application
#11999 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Timothy DeSandro; Location: The project site is located on Galveston
Bay on the south side of the Texas City Dike, across from the public boat
ramp, approximately 4.75 miles east of the landward end of the dike in Texas
City, Galveston County, Texas. CCC Project No.: 00-0185-F1; Description of
Proposed Action: The applicant proposes to spud a 200-foot by 40-foot by 6-foot
barge for use as a loading/unloading dock for an excursion vessel. The water
depth at the project site will be approximately -5 to -6 feet mean low tide
(MLT). A hinged gangway will also be constructed to transport passengers to
and from the dock. No dredging or fill activities will be performed in association
with the proposed project. Type of Application: U.S.A.C.E. permit application
#22005 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Tom Benson; Location: The project is located in Aransas Bay,
southwest of the end of Shell Ridge Road, near Rockport, Aransas County, Texas.
CCC Project No.: 00-0186-F1; Description of Proposed Action: The applicant
proposes to mechanically/hydraulically dredge a channel and a boat basin,
and construct a boathouse, a double boat slip, piers and walkways. The channel
would be 70 feet wide and 400 feet long and dredged to a depth of -6 feet
mean low tide. A 100-foot by 33-foot basin would contain a double boat slip
and walkways, and one of the slips would be covered with an 18-foot by 35-foot
boathouse. Type of Application: U.S.A.C.E. permit application #21820 under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Taylor Lake Development, Ltd.; Location: The project site is
located on the east bank of Taylor Lake, southwest of the Red Bluff Road and
Lakeside Lane intersection in southeast Harris County, Texas. CCC Project
No.: 00-0187-F1; Description of Proposed Action: The applicant proposes to
retain an outfall structure that was constructed without a Department of the
Army (DA) permit. The applicant also requests authorization to retain designated
areas that were either filled or dredged without a DA permit. In addition,
the applicant proposes to amend their permit to include the construction of
two additional outfall structures, a boat ramp, and a dock and the installation
of navigation buoys. The applicant proposes to compensate for impacts to waters
of the United States, including wetlands, both after-the-fact and proposed,
by performing on-site mitigation. The total mitigation area will be 2.48 acres.
Type of Application: U.S.A.C.E. permit application #21055(01) 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: Occidental Chemical Corporation; Location: The project site
is located on the La Quinita Ship Channel in Corpus Christi Bay near Ingleside,
Nueces County, Texas. CCC Project No.: 00-0188-F1; Description of Proposed
Action: The applicant requests a 10-year extension of time for maintenance
dredging at their facility. Approximately 56,000 cubic yards of material would
be hydraulically dredged during each dredge occurrence within the 10-year
period. All dredged material would be placed in Dredged Material Placement
Area 13. Type of Application: U.S.A.C.E. permit application #10088(04) under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: Davis Petroleum; Location: The project site is located in State
Tract 252 of Galveston Bay at Latitude 29o34'22.804" and Longitude 94o45'23.419",
Chambers County, Texas. CCC Project No.: 00-0189-F1; Description of Proposed
Action: The applicant proposes to construct a 240-foot by 100-foot pad of
shell, gravel or crushed rock and a drill rig for exploration and production
or oil and gas under Oil Field Development Permit 21364(001). Type of Application:
U.S.A.C.E. permit application #21364(01)/006 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: Davis Petroleum; Location: The project site is located in State
Tract 251 of Galveston Bay at Latitude 29o33'38.834" and Longitude 94o55'45.147",
Chambers County, Texas. CCC Project No.: 00-0190-F1; Description of Proposed
Action: The applicant proposes to construct a 8.625-inch pipeline, 50 feet
in length, to serve Well No. 2 in State Tract 251, for exploration and production
of oil and gas under Oil Field Development Permit 21364(01). Type of Application:
U.S.A.C.E. permit application #21364(01)/005 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: Davis Petroleum; Location: The project site is located in Galveston
Bay at Latitude 29o41'00.808" and Longitude 94o46'47.548", Chambers County,
Texas. CCC Project No.: 00-0191-F1; Description of Proposed Action: The applicant
proposes to install a 240-foot by 100-foot shell, gravel, or crushed rock
pad and a platform for the exploration and production of oil and gas under
Oil Field Development Permit 12815(01). Type of Application: U.S.A.C.E. permit
application #12815(01)/002 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: Prolithic Energy Company, L.P.; Location: The project site is
located in State Tract 175A of East Galveston Bay at UTM coordinates 347053.138E
and 3267650.298N, Galveston County, Texas. CCC Project No.: 00-0192-F1; Description
of Proposed Action: The applicant proposes to construct a structure for exploration
and production of oil and gas under Oil Field Development Permit 20104(01).
Type of Application: U.S.A.C.E. permit application #20104(01)/004 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: Oiltanking Beaumont, Inc.; Location: The project site is located
on the descending right bank of the Neches River approximately 0.5 mile upstream
from the upper end of the McFadden Bend Cutoff at the Oiltanking Beaumont
facility at 6275 Highway 347, in Beaumont, Jefferson County, Texas. CCC Project
No.: 00-0193-F1; Description of Proposed Action: The applicant proposes a
minor amendment to Permit 21826, issued in March 2000, authorizing installation
of two new ship breasting dolphins and two new ship mooring dolphins, hydraulic
dredging of approximately 35,000 cubic yards of sediment to deepen the existing
docking facility to allow berthing of deeper draft vessels, and hydraulic
maintenance dredging for 10 years to maintain the facility at the new proposed
depth. The estimated annual dredging volume range is 5,000 to 10,000 cubic
yards. Type of Application: U.S.A.C.E. permit application #21826(01) under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
Applicant: King Fisher; Location: The project site is located on the Fisher
Channel & Dock, City of Port Lavaca, Calhoun County, Texas. CCC Project
No.: 00-0194-F1; Description of Proposed Action: The applicant proposes to
modify his existing Department of the Army Permit Number 13436(04) to improve
an existing commercial marina, known as Fisher Channel Dock. The applicant
proposes to construct an earthen levee on the outside of the marina that will
be approximately 1,900 feet long on the eastern side and approximately 2,000
feet long on the west side of the project. The applicant proposes to construct
a bulkhead approximately 2,841 feet long along the inside of the harbor. The
applicant plans to deposit approximately 92,000 cubic yards of material excavated
from the channel and basin in the area between the bulkhead and levees. The
applicant has also asked permission to perform maintenance dredging for 10
years. The revised proposal will fill 2.18 acres of shallow water and approximately
0.47 acres of wetland. The applicant will construct the levee approximately
25 feet inside his property line on the east and west sides, and 125 feet
from the property line on north side of the project. Type of Application:
U.S.A.C.E. permit application #13436(05) Revised under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water
Act (33 U.S.C.A. §§125-1387).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is or is not consistent with
the Texas Coastal Management Program goals and policies and whether the action
should be referred to the Coastal Coordination Council for review. Further
information for the applications listed above may be obtained from Ms. Janet
Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress
Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us.
Persons are encouraged to submit written comments as soon as possible within
30 days of publication of this notice. Comments should be sent to Ms. Fatheree
at the above address or by fax at 512/475-0680.
TRD-200004162
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: June 14, 2000
Notice of Request for Proposals
Notice of Request for Proposals: Pursuant to Chapter 54, Subchapter F,
Texas Education Code, the Comptroller of Public Accounts (Comptroller), as
chairman and executive director of the Texas Prepaid Higher Education Tuition
Board (Board) and on behalf of the Board, announces the issuance of its Request
for Proposals (RFP) from qualified advertising and marketing firms. The purpose
of the RFP is to solicit the services of a marketing agent to successfully
develop and conduct a comprehensive strategic advertising and marketing campaign
to promote increased participation in the Prepaid Higher Education Tuition
Program for Texas students. The successful proposer will be expected to begin
performance of the contract on or about September 1, 2000.
Contact: Parties interested in submitting a proposal should contact Rose-Michel
Munguía, Assistant General Counsel, Contracts, 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, June 23, 2000, between
2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business
hours thereafter. The Comptroller will also make the complete RFP available
electronically on the Texas Marketplace after Friday, June 23, 2000, 2:00
p.m. (CZT). The address of the Texas Marketplace is http://www.marketplace.state.tx.us.
Questions, Mandatory Letters of Intent, and Mandatory Pre-Proposal Conference:
All written inquiries, questions, and mandatory Letters of Intent to propose
must be received at the above-referenced address not later than 2:00 p.m.
(CZT) on Wednesday, July 12, 2000. Prospective proposers are encouraged to
fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt.
The Letter of Intent must be addressed to Rose-Michel Munguía, Assistant
General Counsel, Contracts, and must contain the information as stated in
the corresponding Section of the RFP and be signed by an official of that
entity. Mandatory Letters of Intent and Questions received after this time
and date will not be considered. On or before Wednesday, July 19, 2000, the
Comptroller expects to post responses to questions as a revision to the Texas
Marketplace notice on the issuance of this RFP. A mandatory Pre-Proposal Conference
will be held on Monday, July 10, 2000, beginning at 10:00 a.m. (CZT) at the
LBJ State Office Building, 111 E. 17th St., Austin, Texas, 78774, in Room
212B.
Closing Date: Proposals must be delivered to the Deputy General Counsel
for Contracts Office at the location specified above (ROOM G24) no later than
2:00 p.m. (CZT), on Friday, July 28, 2000. Proposals received in ROOM G24
after this time and date 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 Board will make the final award decision.
The Comptroller and the Board each reserve the right to accept or reject
any or all proposals submitted. The Comptroller and the Board are not obligated
to execute a contract on the basis of this notice or the distribution of any
RFP. The Comptroller and the Board shall not pay for any costs incurred by
any entity in responding to this Notice or the RFP.
The anticipated schedule of events pertaining to this solicitation is as
follows: Issuance of RFP - June 23, 2000, 2:00 p.m. CZT; Mandatory Pre-Proposal
Conference July 10, 2000, 10:00 a.m. CZT; Mandatory Notice of Intent Form
and Questions Due - July 12, 2000, 2:00 p.m. CZT; Proposals Due - July 28,
2000, 2:00 p.m. CZT; Contract Execution -August 25, 2000, or as soon thereafter
as practical; Commencement of Project Activities -September 1, 2000.
TRD-200004192
David R. Brown
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: June 14, 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 Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 06/19/00 - 06/25/00 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 06/19/00 - 06/25/00 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200004136
Leslie L. Pettijohn
Commissioner
Office of the Consumer Credit Commissioner
Filed: June 13, 2000
Correction of Error
The Texas Education Agency proposed amendments to 19 TAC §74.11, concerning
graduation requirements. The rule appeared in the June 2, 2000, issue of the
TRD-200004322
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-00-035 from school districts, shared
services arrangements (formerly cooperatives) of school districts, and/or
open-enrollment charter schools to expand their existing half-day prekindergarten
programs to full-day programs.
Description. The 2000-2001 funding cycle of the grant program will be used
to award funds for the expansion of existing half-day prekindergarten programs
to full-day programs and to provide continuing operating funds for programs
that were converted to full-day programs in the 1999-2000 school year.
Dates of Project. The Prekindergarten and Kindergarten Grant Program (Cycle
3, Prekindergarten Expansion Grants) will be implemented during the 2000-2001
school year. Cycle 3 expansion grants may be renewed for the 2001-2002 school
year depending on legislative appropriations, provided all terms and conditions
of 2000-2001 funding awards have been met.
Project Amount. The Texas Legislature appropriated $100 million per year
to the Prekindergarten and Kindergarten Grant Program for the 1999-2000 and
2000-2001 school years, representing a total of $200 million in state funds.
Cycle 3 grants to expand existing half-day prekindergarten programs to full-day
programs will be funded based on the additional attendance in the same manner
as current Foundation School Program (FSP) funding.
Selection Criteria. Applications must address each requirement as specified
in the RFA to be considered for funding. Priority will be given to school
districts and open-enrollment charter schools where student performance on
the Grade 3 Texas Assessment of Academic Skills (TAAS) tests falls below the
state average. Additional priority will be given to school districts and open-enrollment
charter schools that serve the highest percentages of eligible (limited English
proficient, educationally disadvantaged, and homeless) children. "Educationally
disadvantaged" is defined as those children eligible to participate in the
national free or reduced-price lunch program.
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 #701-00-035, Prekindergarten
and Kindergarten Grant Program, will automatically be mailed by TEA to every
school district and open-enrollment charter school in the state. Additional
copies of the RFA may be obtained by writing the Document Control Center,
Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress
Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811;
or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFA number
(701-00-035) and title (Prekindergarten and Kindergarten Grant Program) in
your request. Provide your name, complete mailing address, and telephone number
including area code. This announcement letter and complete RFA will also be
posted on the TEA web site at http://www.tea.state.tx.us/grant/announcements/grants2.cgi
for viewing and downloading.
Further Information. For clarifying information about the RFA or the Prekindergarten
and Kindergarten Grant Program, contact the School Finance and Fiscal Analysis
Department, TEA, telephone (512) 463-8994. Questions regarding prekindergarten
curriculum and programs should be addressed to Cami Jones, Curriculum and
Professional Development, TEA, telephone (512) 463-9501.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of TEA by 5:00 p.m. Central Time, Friday, July
21, 2000, to be considered.
TRD-200004168
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: June 14, 2000
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
concerning the second round of the Reading Excellence and Academic Development
for Texas (READ for Texas) Local Reading Improvement Grant under Request for
Applications (RFA) # 701-00-032 from eligible public school districts or shared
services arrangements of eligible public school districts in Texas. To be
eligible, applicants must meet at least one of the following three requirements
and not be a recipient of READ for Texas Local Reading Improvement funds:
1) School Improvement status - A Local Education Agency (LEA) that has
at least one campus (elementary or secondary) that has been identified for
school improvement under the Elementary and Secondary Education Act (ESEA),
Title I, Section 1116(c), based on 1998-1999 data. A Title I campus is identified
for school improvement status based on the Texas Title I State Plan if it
has been rated as Low Performing by the Texas Academic Excellence Indicator
System (AEIS) after one academic year.
2) High poverty numbers - A LEA with the largest or the second largest
number of children in the state counted for the Title I formula under ESEA,
Section 1124(c).
3) High poverty rate - A LEA with the highest or second highest poverty
rate of school-age children in comparison to other LEAs in the state of Texas.
The LEA’s poverty rate is the number of children counted under ESEA,
Title I, Section 1124(c), divided by the total number of children aged 5-17
residing in the LEA expressed as a percentage.
An eligible LEA will be permitted to submit only one application for funding
and must select eligible campuses within its district to participate in the
program. Education Service Centers are eligible to apply as fiscal agents
of shared services arrangements comprised entirely of eligible public school
districts.
Participating campuses within eligible LEAs that have met one of the criteria
listed previously must meet at least one of the following criteria: 1) School
Improvement status - The campus must be a Title I campus identified for school
improvement status as defined by the Texas Title I State Plan; 2) High poverty
numbers - The campus must serve the highest or second highest number of poor
children in the LEA; or 3) High poverty rate - The campus must have the highest
or second highest percentage of poor children in the LEA.
Description. The READ for Texas program is designed to increase the capacity
of eligible LEAs to improve elementary school reading instruction consistent
with scientifically based reading research. The program supports professional
development for the classroom teacher and other instructional staff on the
teaching of reading; the selection of one or more programs of reading instruction;
a focus on family literacy services to enable parents to be their child’s
first and most important teacher; transition programs for kindergarten children
who are experiencing difficulty with reading skills; the use of supervised
individuals (including tutors) who have been trained using scientifically
based reading research; and additional support to children preparing to enter
kindergarten and children in kindergarten through Grade 3 who are experiencing
difficulty reading. The goal of the program is to provide children in the
greatest need with structured support in early childhood and the early grade
levels in school so they become proficient readers. This goal complements
that of the Texas Reading Initiative to ensure that all children are reading
on grade level or higher by the end of the Grade 3 and continue to read on
grade level or higher throughout their schooling.
READ for Texas Local Reading Improvement programs must be designed to improve
reading instruction in participating schools and include improving the reading
instruction practice of teachers and other instructional staff through professional
development based on scientifically based reading research, carry out family
literacy services, provide extended learning (tutorial and after school programs),
and provide early literacy intervention to children experiencing reading difficulties
including kindergarten transition programs. A strong evaluation design must
measure the extent to which participating students have improved their reading
skills, direct benefits to teachers, the effectiveness of professional development
activities, and the effectiveness of the program offered. Applicants should
propose a plan to evaluate the most essential components of the program at
the district level for all campuses.
Dates of Project. The READ for Texas Local Reading Improvement Grant project
will be implemented as a two- year project with the first year’s implementation
occurring during the 2000-2001 school year. Applicants should plan for a starting
date of no earlier than August 31, 2000, and an ending date of no later than
August 30, 2001.
Project Amount. Each project will receive a maximum of approximately $1.3
million for the 2000-2001 school year. Project funding in the second year
will be based on satisfactory progress of the first-year objectives and activities,
approval by the commissioner of education, and appropriations by the federal
government. The funding level for the second year will be the same as the
first year. This project is funded 100% from federal funds.
Selection Criteria. Applications will be selected based on the independent
reviewers' assessment of each applicant's ability to carry out all requirements
contained in the RFA. Reviewers will evaluate applications based on the overall
quality and validity of the proposed grant program and the extent to which
the application addresses the primary objective(s) and intent of the project.
Applications must address each requirement as specified in the RFA to be considered
for funding. TEA reserves the right to select from the highest ranking applications
those that address all requirements in the RFA and that are most advantageous
to the project.
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 #701-00-032 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and telephone number including area code.
Further Information. For clarifying information about the RFA, contact
Hellen R. Bedgood, Office of Statewide Initiatives, TEA, (512) 463-9027.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of TEA by 5:00 p.m. (Central Time), Thursday August
3, 2000, to be considered for funding.
TRD-200004172
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: June 14, 2000
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
concerning the second round of the Reading Excellence and Academic Development
for Texas (READ for Texas) Tutorial Assistance Grant under Request for Applications
(RFA) # 701-00-033 from public school districts, open-enrollment charter schools,
shared services arrangements of eligible public school districts and/or open-enrollment
charter schools in Texas. To be eligible, applicants must meet at least one
of the following five requirements and not be a recipient of first round READ
for Texas Tutorial Assistance Grant funds: 1) Enterprise Community - A Local
Education Agency (LEA) that has at least one campus that is located in the
geographic area designated as an enterprise community under the Internal Revenue
Code of 1986, Chapter 1, Subchapter U, Part I; 2) Empowerment Zone - A LEA
that has at least one campus that is located in the geographic area designated
as an empowerment zone under the Internal Revenue Code of 1986, Chapter 1,
Subchapter U, Part I; 3) School Improvement status - A LEA that has at least
one campus (elementary or secondary) that has been identified for school improvement
under the Elementary and Secondary Education Act (ESEA), Title I, Section
1116(c). A Title I campus is identified for school improvement status according
to the Texas Title I State Plan if it has been rated as Low Performing by
the Texas Academic Excellence Indicator System (AEIS) for the previous school
year; 4) High poverty numbers - A LEA with the largest or the second largest
number of children in the state counted for the Title I formula under ESEA,
Title I, Section 1124(c); or 5) High poverty rate - A LEA with the highest
or second highest poverty rate of school-age children in comparison to other
LEAs in the state of Texas. The LEA’s poverty rate is the number of
children counted under ESEA, Title I, Section 1124(c) divided by the total
number of children aged 5-17 residing in the LEA expressed as a percentage.
An eligible LEA will be permitted to submit only one application for the Tutorial
Assistance Grant.
Participating campuses within eligible LEAs that have met one of the criteria
listed previously must meet at least one of the following criteria: 1) Enterprise
Community - The campus must be located in the geographic area designated as
an enterprise community under the Internal Revenue Code of 1986, Chapter 1,
Subchapter U, Part I; 2) Empowerment Zone - The campus must be located in
the geographic area designated as an empowerment zone under the Internal Revenue
Code of 1986, Chapter 1, Subchapter U, Part I; 3) School Improvement status
- The campus must be identified for Title I School Improvement status that
is described, for the purposes of this grant, as having been rated Low Performing
by the Texas AEIS for one year; 4) High poverty numbers - The campus must
serve the highest or second highest number of poor children in the LEA; or
5) High poverty rate - The campus must have the highest or second highest
percent of poor children in the LEA.
Description. The READ for Texas program is designed to increase the capacity
of eligible LEAs to improve elementary school reading instruction consistent
with scientifically based reading research; to provide professional development
for the classroom teacher and other instructional staff on the teaching of
reading; to provide for the selection of one or more programs of reading instruction;
to provide family literacy services to enable parents to be their child’s
first and most important teacher; to provide a transition program for kindergarten
children who are experiencing difficulty with reading skills; to provide for
use of supervised individuals (including tutors) who have been trained using
scientifically based reading research; and to provide additional support to
children preparing to enter kindergarten and children in kindergarten through
Grade 3 who are experiencing difficulty reading. The goal of the program is
to provide children in the greatest need with structured support in early
childhood and the early grade levels in school so they become proficient readers.
This goal complements that of the Texas Reading Initiative to ensure that
all children are reading on grade level or higher by the end of the Grade
3 and continue to read on grade level or higher throughout their schooling.
The primary goal of the READ for Texas Tutorial Assistance Grant is to
ensure that all children enrolled in kindergarten through Grade 3 who are
identified as having difficulty reading are provided tutorial assistance based
on scientific research based reading instruction before or after school, on
weekends, or during the summer. These extended learning opportunities should
complement the daily classroom instruction provided by teachers and should
also provide for individual diagnosis and planned extension of the core-reading
program. A strong evaluation design must be included in each application.
All Tutorial Assistance Grant recipients will be required to measure the extent
to which students who are the intended beneficiaries have improved their reading
skills, to measure the direct benefits to teachers and tutors of all professional
development activities, and to measure the effectiveness of the tutorial programs
offered through the Tutorial Assistance Grant. Applicants should propose plans
to evaluate the most essential components of the program at the district level
for all campuses included in the Tutorial Assistance Grant.
Dates of Project. The READ for Texas Tutorial Assistance Grant project
will be implemented as a two-year project with the first year’s implementation
occurring during the 2000-2001 school year. Applicants should plan for a starting
date of no earlier than August 31, 2000, and an ending date of no later than
August 30, 2001.
Project Amount. The anticipated funding range for projects awarded is between
$25,000 and $75,000, not limited thereto for the 2000-2001 school year. Project
funding in the second year will be based on satisfactory progress of the first-year
objectives and activities, approval by the commissioner of education, and
appropriations by the federal government. The funding level for the second
year will be the same as the first year. This project is funded 100% from
federal funds.
Selection Criteria. Applications will be selected based on the independent
reviewers' assessment of each applicant's ability to carry out all requirements
contained in the RFA. Reviewers will evaluate applications based on the overall
quality and validity of the proposed grant program and the extent to which
the application addresses the primary objective(s) and intent of the project.
Applications must address each requirement as specified in the RFA to be considered
for funding. The TEA reserves the right to select from the highest ranking
applications those that address all requirements in the RFA and that are most
advantageous to the project.
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 #701-00-033 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and telephone number including area code.
Further Information. For clarifying information about the RFA, contact
Hellen R. Bedgood, Office of Statewide Initiatives, TEA, (512) 463-9027.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
August 10, 2000, to be considered for funding.
TRD-200004173
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: June 14, 2000
Texas General Land Office Administrative Penalty Policy for Violations of the Oil Spill Prevention and Response Act of 1991
General
The goal of the Texas General Land Office (Land Office) is to protect and
preserve Texas coastal waters in as pristine a condition as possible, while
at the same time partnering with the oil production and transportation industries
to promote strong local and regional economies. To that end, the Land Office's
Oil Spill Prevention and Response Division implements programs designed to
reap positive contributions to the health of the Texas Coast. The basic philosophy
of the Land Office is that all oil spills are preventable and that repeat
oil spills are an indication of process or procedural failure on the part
of the repeat offender. This Administrative Penalty Policy for Violations
of the Oil Spill Prevention and Response Act of 1991 was developed to further
that philosophy and will be reviewed annually to determine its effectiveness
in reducing the number of oil spills and repeat offenders. Written comments
regarding the policy should be sent to: Greg Pollock, Deputy Commissioner,
Texas General Land Office, Oil Spill Prevention and Response Program, 1700
North Congress Avenue, Austin, TX 78701.
The penalty provisions detailed in the
Unauthorized
Discharge Matrix
are focused on repeat violations of the Oil Spill
Prevention and Response Act of 1991 (OSPRA) by the same operation or organization
within the twelve-month period immediately preceding a spill event. These
violations represent the nucleus around which the Oil Spill Prevention and
Response Program was developed. Consistent with the goal of the Land Office,
implementation of this matrix is designed to provide an incentive to the regulated
community to decrease the number of repeat spills by application of a graduated
penalty assessment that is tempered when an effective and recognized Sound
Management Practices Program is in place. Naturally coincidental with the
implementation of such a program, organizations that are successful in preventing
oil spills over a twelve month period are assessed the smallest penalties
when they are the responsible parties for an accidental unauthorized discharge.
A program by which an entity is deemed to have in place a Sound Management
Practice Program includes at a minimum the following items:
a. A written statement dated prior to a spill from the owner/operator submitted
to the Land Office committing to an SMP program. b. Written policies and procedures
to be utilized by company personnel in the handling of oil in a location where
a spill could threaten Texas coastal waters, a description of the methods
or processes to ensure that personnel adhere to the policies and procedures,
and the mechanism to conduct quality assurance of initial and refresher training.
c. Written documentation of Spill Prevention and Response Training identified
in (b) above including the subjects presented, the dates of training, and
a list of attendees. d. Post spill auditing process.
The
Unauthorized Discharge Matrix
in this
document supports the OSPRA regarding the assessment of administrative penalties
in that the following factors are considered:
1. The seriousness of the violation, including the nature, circumstances,
extent, and gravity of the violation and the hazard or damage caused. 2. The
degree of cooperation and quality of response. 3. The degree of culpability
and history of previous violations of the responsible party. 4. The amount
necessary to deter future violations. 5. Any other matter that justice requires
including the existence of a Sound Management Practice, Responsible Carrier,
or other like programs. 6. The degree to which the responsible party has implemented
prevention practices or corrective actions as a result of previous spill incidents.
The
Prevention and Response Penalty Matrices
are designed to provide guidance for assessment of penalties for specific
violations of the OSPRA not directly attributable to unauthorized discharge
or failure to notify violations. Most of the violations listed in these matrices,
though generally associated with a spill event, are distinctly identified
in the OSPRA or the implementing regulation and are considered as either prevention
or response actions. Penalties for violations identified in this matrix may
be increased for multiple violations within the preceding twelve-month period
dependent on a review of the circumstances.
Penalty Matrix Statement
The Land Office will use these matrices as guidance in assessing penalties
with the intention to assess penalties at the minimum levels. Aggravating
circumstances, however, may cause the penalty assessed to be higher.
The following are examples of circumstances where penalty assessments may
be increased from the baseline. This list represents some common considerations
and is not meant to be inclusive of all possible circumstances.
1. The responsible party fails to respond to a spill with the appropriate
resources within a reasonable time frame. 2. The responsible party fails to
modify identified deficient procedures that contribute to subsequent spills.
3. The responsible party fails to fulfill the duties of the responsible person
in accordance with the OSPRA. 4. The responsible party is the subject of repeat
unauthorized discharges of a similar nature or oil handling, storage or transfer
process failure.
Unauthorized Discharge Matrix
The following matrix applies to all unauthorized discharges where oil has
entered Texas coastal waters. The time period for determining the number of
spills appropriate to this matrix is the twelve-month period immediately preceding
the spill in question. For example, an unauthorized discharge that occurred
on January 31st will require the inclusion of the responsible party's history
of unauthorized discharges since February 1st of the previous year to determine
the appropriate penalty box to enter.
Repeat unauthorized discharge violations may subject the responsible party
to a comprehensive review of spill history and pollution prevention processes
including, if appropriate, a review of the responsible party's Sound Management
Practices Program.
When discharges are small, the Land Office may elect to issue an "on the
spot" ticket if no other aggravating factors require an increase in an assessed
penalty amount.
Unauthorized discharges where the amount entering coastal waters is greater
than 1 gallon requires a calculation of a per barrel penalty equal to the
multiplication of the number of whole barrels (42 U. S. gallons) by the amount
indicated by the appropriate penalty box. For example, if an unauthorized
discharge of 5.5 barrels was the 3rd spill during the preceding twelve-month
period, and it occurred at a location where a Sound Management Practices Program
was in place, the responsible party would be assessed a $900 penalty.
EX: $400 (base penalty) plus 5 bbls (5.5 rounded to the lowest whole barrel)
X $100 equals $900.
Figure 1
Figure 2
Figure 2 (cont'd.)
TRD-200004153
Larry Soward
Chief Clerk
General Land Office
Filed: June 13, 2000
Notice of Emergency Cease and Desist Order on David E. Monty, D.C.
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
David E. Monty, D.C. (registrant-R23973) of Grand Saline to cease and desist
performing cervical spine (AP) procedures with the Litton x-ray unit (Model
Number Profexray J-550-2; Serial Number 0120-1273-009) until the exposure
at skin entrance is within regulatory limits. The bureau determined that continued
radiation exposure to patients in excess of that required to produce a diagnostic
image constitutes an immediate threat to public health and safety, and the
existence of an emergency. The order will remain in effect until the bureau
authorizes the registrant to perform the procedure.
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, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200004092
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 12, 2000
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Johnson Chiropractic Clinic, Inc. (registrant-R03297) of Rosenberg to cease
and desist performing lumbo- sacral spine (AP) procedures with the Universal
x-ray unit (Model Number 3402; Serial Number DF2001-301) until the exposure
at skin entrance is within regulatory limits. The bureau determined that continued
radiation exposure to patients in excess of that required to produce a diagnostic
image constitutes an immediate threat to public health and safety, and the
existence of an emergency. The order will remain in effect until the bureau
authorizes the registrant to perform the procedure.
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, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200004093
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 12, 2000
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
R & D Long, Inc., doing business as Sherry Lane Imaging Center (registrant-R25381)
of Dallas to immediately allow a bureau representative to inspect the registrant's
facility. The inspection is necessary to determine compliance with Texas Health
and Safety Code, Chapter 401, radiation control rules and the conditions of
the registrant's certificate of registration. The bureau determined that an
emergency exists that requires immediate action to protect the public health
and safety. The order will remain in effect until it is rescinded by the bureau.
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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m.
to 5:00 p.m. (except holidays).
TRD-200004091
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 12, 2000
The Texas Department of Health, having duly filed complaints pursuant to
25 Texas Administrative Code §289.205, has revoked the following certificates
of registration: Spohn Investment Corporation, Corpus Christi, R17092, May
30, 2000; Advanced Chiropractic Group, Longview, R20798, May 30, 2000; Spectrographic
Engineering Services, Pittsburgh, Pennsylvania, R22096, May 30, 2000; Hillcroft
X-Ray Center, Houston, R22780, May 30, 2000; Nancy M. Yeo, D.O., Dallas, R22879,
May 30, 2000; Kevin F. Murphy, M.D. & Associates, P.A., Dallas, R23017,
May 30, 2000; Wylie Hospital Partners, Ltd, Wylie, R23681, May 30, 2000; Lunar,
Inc., Garland, R23699, May 30, 2000; Southwest Clinica Familiar, PA., Houston,
R23811, May 30, 2000; Yxlon International, Duluth, Georgia, R24273, May 30,
2000; CMA Health Rehabilitation Institute, Mesquite, R24502, May 30, 2000.
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, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200004095
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 12, 2000
The Texas Department of Health, having duly filed complaints pursuant to
25 Texas Administrative Code §289.205, has revoked the following radioactive
material license: Knight Engineering Services Corporation, Humble, L05081,
May 30, 2000.
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, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200004094
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 12, 2000
Notice of Proposed Medicaid Provider Payment Rates
Proposal. As single state agency for the state Medicaid program, the Texas
Health and Human Services Commission proposes new per diem payment rates for
the nursing facilities program operated by the Texas Department of Human Services.
Payment rates are proposed to be effective September 1, 2000, as follows:
Rates by TILE (Texas Index for Level of Effort) class:
[figure]
Methodology and justification. The proposed rates in the chart above were
determined in accordance with the rate setting methodology at 1 Texas Administrative
Code (TAC) Chapter 355, subchapter C (relating to Reimbursement Methodology
for Nursing Facilities), §355.307 and (relating to Enhanced Direct Care
Staff Rate), §355.308. These rates were subsequently adjusted in accordance
with 1 TAC Chapter 355, Subchapter A (relating to Cost Determination Process), §355.101
and §355.109.
Participating facilities requesting to staff above the minimum staffing
requirements included in the rates in the above chart may receive one of the
following payment rates per day in addition to the above payment rates (within
available funds):
[figure]
Methodology and justification. The proposed rates in the chart above were
determined in accordance with the rate setting methodology at 1 Texas Administrative
Code (TAC) Chapter 355, Subchapter C (relating to Enhanced Direct Care Staff
Rate), §355.308.
TRD-200004169
Marina Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: June 14, 2000
The Texas 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 00-02, Amendment Number
567.
The amendment adds services performed by Licensed Marriage and Family Therapists
as covered Medicaid services. The amendment is effective April 1, 2000.
If additional information is needed, please contact Kathy Wills, Texas
Department of Health, at (512) 794-5140.
TRD-200004167
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: June 14, 2000
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application to change the name of AMERIHEALTH OF TEXAS, INC. to AMCARE
HEALTH PLANS OF TEXAS, INC., a domestic Basic Health Care Service (Health
Maintenance Organization). The home office is in Houston, Texas.
Application for incorporation to the State of Texas by METHODIST HEALTH
INSURANCE COMPANY, a domestic life company. The home office is in Houston,
Texas.
Application for admission to the State of Texas by THE MAYFLOWER INSURANCE
COMPANY, LTD., a foreign fire and casualty company. The home office is in
Carmel, Indiana.
Application for admission to the State of Texas by NATIONAL-BEN FRANKLIN
INSURANCE COMPANY OF ILLINOIS, a foreign fire and casualty company. The home
office is in Chicago, Illinois.
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-200004163
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 14, 2000
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by GEICO Indemnity Company proposing to
use rates that are outside the upper or lower limits of the flexibility band
promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN.
art 5.101, 3(g). They are proposing various rates for private passenger automobile
insurance for all classes and territories ranging from +63% above the benchmark
for Property Damage; +69% above the benchmark for Personal Injury Protection
and Collision; +95% above the benchmark for UIM/PD; +30 above the benchmark
for Bodily Injury, Medical Payments, UIM/BI, Comprehensive, Rental Reimbursement,
and CB Radio.
Copies of the filing may be obtained by contacting Gifford Ensey, at the
Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin,
Texas 78714-9104, telephone (512) 475-1761.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101, 3(h), is made with the
Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance,
MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication
of this notice.
TRD-200004048
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 8, 2000
The Commissioner of Insurance, or his designee, will consider approval
of a rating manual request submitted by American National Property and Casualty
Company proposing to use a rating manual different than that promulgated by
the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art 5.101, 3(l).
They are proposing to increase their companion policy discount from 5% to
10%. The discount provides a reduction in premium on certain personal auto
policy coverages when the named insured or a member of the named insured's
immediate family who resides in the same household, is also the named insured
on a Homeowners policy issued by one of the American National Financial Group
affiliated companies. The discount is applicable to premiums for bodily injury,
property damage, personal injury protection, medical payments and collision
coverages for private passenger automobile insurance.
Copies of the filing may be obtained by contacting Gifford Ensey, at the
Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin,
Texas 78714-9104, telephone (512) 475-1761.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101, 3(h), is made with the
Senior Associate Commissioner for Property & Casualty, Mr. C. H. Mah,
at the Texas Department of Insurance, MC 105-5G, P.O. Box 149104, Austin,
Texas 78701 within 30 days after publication of this notice.
TRD-200004049
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 8, 2000
The Commissioner of Insurance, or his designee, will consider approval
of a rating manual request submitted by Highlands Insurance Group proposing
to use a rating manual different than that promulgated by the Commissioner
of Insurance pursuant to TEX. INS. CODE ANN. art 5.101, 3(l). They are proposing
to adopt a companion policy discount. The discount would provide a 10% reduction
in premium on certain personal auto policy coverages when the insured is also
the named insured on a homeowners policy issued by a Highlands Insurance Group
Company. The discount is applicable to bodily injury, property damage liability,
personal injury protection, medical payments, collision, other than collision
and specified causes of loss coverages for private passenger automobile insurance.
Copies of the filing may be obtained by contacting Gifford Ensey, at the
Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin,
Texas 78714-9104, telephone (512) 475-1761.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to art. 5.101, 3(h), is made with the
Senior Associate Commissioner for Property & Casualty, Mr. C. H. Mah,
at the Texas Department of Insurance, MC 105-5G, P.O. Box 149104, Austin,
Texas 78701 within 30 days after publication of this notice.
TRD-200004149
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 13, 2000
Docket No. 454-99-1332.G: In the Matter of Rates for Private Passenger
and Commercial Automobile Insurance Provided Through the Texas Automobile
Insurance Plan Association (TAIPA)
Please be advised that the Commissioner of Insurance will hold an open
meeting to permit the parties in the above-referenced docket number to make
oral argument in connection with exceptions and replies to the proposal for
decision. The meeting will be held on Wednesday, June 28, 2000 at 1:30 p.m.
at the Texas Department of Insurance, William P. Hobby Building, 333 Guadalupe,
Room 100, Austin, Texas.
Each party to the proceeding will be allotted twenty minutes to present
its position on the proposal for decision. The parties' order of presentation
will track that followed in the evidentiary proceeding. The Commissioner respectfully
requests your presence at the hearing to address questions that may arise.
TRD-200004071
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 9, 2000
The Commissioner of Insurance, at a public hearing under Docket No. 2449
scheduled for July 25, 2000, at 10:00 a.m., Room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in the Second Supplemental Petition filed by Motors Insurance
Company (MIC). In its latest petition, MIC seeks an amendment to the Texas
Automobile Rules and Rating Manual (the Manual), Rule 125, to allow automobile
floor plan coverage to be written optionally as provided by Rule 125 or as
inland marine insurance as proposed in MIC's two previously filed petitions.
The notification for that proposal has been published pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). The petition (Ref. No.
A-0699-10) was filed on March 7, 2000.
An exhibit attached to MIC's latest petition illustrates the proposed amendment
to Rule 125. MIC proposes the addition to Section D of Rule 125 the following
provision: "A wholesale floor plan may also be written pursuant to 28 TAC §5.5002
entitled 'Texas Definition of Inland Marine Insurance' as provided in paragraph
(5)(K)." The amendment to the Manual is necessary for clarification of the
two options currently available to insurers writing automobile floor plan
coverage. Insurers can continue to provide coverage of automobile floor plans
pursuant to Rule 125 or pursuant to newly amended 28 TAC §5.5002(5)(K).
The Commissioner has jurisdiction of this matter pursuant to the Insurance
Code, Articles 5.10, 5.96, and 5.98.
A copy of the petition, including an exhibit with the full text of the
proposed amendment to the Manual is available for review in the office of
the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street,
Austin, Texas. For further information or to request copies of the petition,
please contact Sylvia Gutierrez at (512) 463-6327; refer to Ref. No. A-0699-10.
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the
Texas
Register
, to the Office of the Chief Clerk, Texas Department of Insurance,
P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy
of comments is to be submitted simultaneously to Marilyn Hamilton, Deputy
Commissioner, Property & Casualty Program, Texas Department of Insurance,
P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance code, Article 5.96,
which exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
TRD-200004150
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 13, 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 Affinity Group Underwriters, Inc.,
a foreign third party administrator. The home office is Glen Allen, Virginia.
Application for admission to Texas of Matrix Absence Management, Inc.,
a foreign third party administrator. The home office is Wilmington, Delaware.
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-200004124
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 12, 2000
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for incorporation in Texas of Texas Managed Care Administrative
Services, Inc., a domestic third party administrator. The home office is Houston,
Texas.
Application for incorporation in Texas of PCT Operations, Inc., (using
the assumed name of Partnercare), a domestic third party administrator. The
home office is Lubbock, 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-200004164
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 14, 2000
Correction of Error
The Texas Natural Resource Conservation Commission proposed amendments
to 30 TAC §334.2, and §334.402, concerning underground storage tanks.
The rules were published in the June 2, 2000, issue of the
Texas Register
(25 TexReg 5152). Due to errors in the agency's submission,
the following corrections are noted.
In the preamble's "Section by Section Discussion" in the discussion of §334.2
on page 25 TexReg 5156 the agency inadvertently omitted the word "necessary"
from the reference to the definition for "necessary cost". The sentence should
read as follows.
"The existing definition "Necessary cost" is proposed to be deleted as
an outdate auditing term."
In §334.2(27)(C), in the definition for "Corrosion technician" on
page 25 TexReg 5191, the word "testor" was misspelled as "test or". The subparagraph
should read as follows. "(C) has been officially qualified as a cathodic protection
testor, in strict accordance...."
At the end of §334.402(2)(D)(i), the word "or" was show with strikethrough
marks, as proposed for deletion. The word "or" is not being deleted.
TRD-200004321
An agreed order was entered regarding RON LANEY OIL COMPANY, INC. AND JAMES
PEEK DBA PEEK SERVICE STATION, Docket No. 1998-1026-PST-E; Facility No. 08313
on June 6, 2000, assessing $9,300 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Scott McDonald, Staff Attorney at (512) 239-6005, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding SYED GHOUSE DBA 3 M GAS AND FOOD, Docket
No. 1998-0718-PST-E on June 8, 2000, assessing $10,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Richard O'Connell, Staff Attorney at (512) 239-5528, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding DAVID AGUERO, Docket No. 1998-0741-OSI-
E; Enforcement ID No. 3502 on June 8, 2000, assessing $2,031 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
William Puplampu, Staff Attorney at (512) 239-6257, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding JAMES RAY EATHERLY, Docket No. 1999-
1149-OSI-E; TNRCC ID No. OS7095 on June 6, 2000, assessing $250 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Joshua Olszewski, Staff Attorney at (512) 239-1892, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WAYNE E. BARNES, Docket No. 1999-1401-
OSI-E; OSS Facility Installer No. OS4473 on June 6, 2000, assessing $3,125
in administrative penalties with $625 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ALFRED FELLER, Docket No. 1999-1191-
OSI-E; Installer No. OS3339 on June 6, 2000, assessing $675 in administrative
penalties with $135 deferred.
Information concerning any aspect of this order may be obtained by contacting
Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding RUDY L. RAMIREZ, Docket No. 1999-1572-
OSI-E; Registration No. 1836; Enforcement ID No. 3626 on June 6, 2000, assessing
$5,906 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Ali Abazari, Staff Attorney at (512) 239-5915, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PHILLIP G. DOZIER, Docket No. 1999-1445-
OSS-E; Installer Certification No. OS133 on June 6, 2000, assessing $875 in
administrative penalties with $175 deferred.
Information concerning any aspect of this order may be obtained by contacting
Corey Burke, Enforcement Coordinator at (512) 239-5259, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding AFREEN ENTERPRISES, INC., Docket
No. 1999-1100-PST-E; PST Facility ID No. 0017143 on June 6, 2000, assessing
$1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PETRON, INC., Docket No. 1999-1576-PST-E;
PST Facility ID No. 34431 on June 6, 2000, assessing $7,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Susan Kelly, Enforcement Coordinator at (409) 899-8704, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RACETRAC PETROLEUM, Docket No. 1998-
0674-PST-E; TNRCC PST Facility ID No. 12591 on June 6, 2000, assessing $3,125
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mohammed Issa, Enforcement Coordinator at (512) 239-2545, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. CLYDE GACHTER DBA GACHTER'S CAR
CARE/PHILLIPS 66, Docket No. 1999-1348-PST-E; Facility ID No. 0044114 on June
6, 2000, assessing $3,125 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mohammed Issa, Enforcement Coordinator at (512) 239-1445, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding DENNIS DICKERSON, INDIVIDUALLY, AND
KAT SAV-MOR, INC., Docket No. 1999-0718-PST-E; Facility ID No. 0003137; Leaking
PST ID No. 112878; Enforcement ID No. 13801on June 6, 2000, assessing $10,625
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Mary Risner, Staff Attorney at (512) 239-6224, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding H. MUEHLSTEIN & COMPANY, INC.,
Docket No. 1999-1353-IWD-E; NPDES Permit No. TX0079561; WQ Permit No. 0002294
on June 6, 2000, assessing $1,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding G & C INVESTMENT COMPANY L.L.P.,
Docket No. 1999-1287-IWD-E; NPDES Permit No. 0075078; TNRCC Permit No. 11923-
001 on June 6, 2000, assessing $2,250 in administrative penalties with $450
deferred.
Information concerning any aspect of this order may be obtained by contacting
Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PAKTANK CORPORATION, Docket No. 1999-
0814-IWD-E; TNRCC WQ Permit No. 01662; NPDES Permit No. TX0030929 on June
6, 2000, assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PEWITT CONSOLIDATED INDEPENDENT SCHOOL
DISTRICT; Docket No. 1999-0738-MWD-E; No WQ Permit No. on June 6, 2000, assessing
$8,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Victor Simonds; SEP Coordinator (512) 239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEXAS WATER SERVICES, INC., Docket
No. 1999-1211-MWD-E; Expired Water Quality Permit No. 0003063-000 on June
6, 2000, assessing $5,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding COLORADO COUNTY WCID NO. 2, Docket
No. 1999-1354-MWD-E; WQ Permit No. 10152-001; NPDES Permit No.TX0023329 on
June 6, 2000, assessing $3,600 in administrative penalties with $720 deferred.
Information concerning any aspect of this order may be obtained by contacting
David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF RANGER, Docket No. 1999-0798-
MWD-E; Expired Water Quality Permit No. 11557-001; NPDES Permit No.TX0071064
on June 6, 2000, assessing $8,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Victor Simonds, SEP Coordinator at (512) 239-6201, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF HILLSBORO, Docket No. 1999-1205-
MWD-E; WQ Permit No. 0010630-001 on June 6, 2000, assessing $20,000 in administrative
penalties with $4,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Victor Simonds, SEP Coordinator at (512) 239-6201, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF DENTON, Docket No. 1999-1122-
MWD-E; WQ Permit No. 0001992 on June 6, 2000, assessing $4,875 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Michelle Harris, Enforcement Coordinator at (512) 239-0492, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MILDRED INDEPENDENT SCHOOL DISTRICT,
Docket No. 1999-0950-MWD-E; WQ Permit No. 11646-001 on June 6, 2000, assessing
$26,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Victor Simonds, SEP Coordinator at (512) 239-6201, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF PALMER, Docket No. 1999-0951-
MWD-E; WQ Permit No. 13620-001 on June 6, 2000 assessing $16,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Victor Simonds, SEP Coordinator at (512) 239-6201, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF CORSICANA, Docket No. 2000-
0005-MSW-E; MSW Facility ID No. 1467 on June 6, 2000, assessing $1,000 in
administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RESORT WATER SERVICES, INC., Docket
No. 2000-0001-PWS-E; PWS TNRCC ID No. 1110060 on June 6, 2000, assessing $300
in administrative penalties with $60 deferred.
Information concerning any aspect of this order may be obtained by contacting
Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PAXTON WATER SUPPLY CORPORATION,
Docket No. 1999-1185-PWS-E; Public Water Supply Nos. 2100012 and 2100031 on
June 6, 2000, assessing $6,588 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Victor Simonds, SEP Coordinator at (512) 239-6201, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TEXAS PARKS & WILDLIFE DEPARTMENT,
Docket No. 1999-1324-PWS-E; PWS No. 0140159 on June 6, 2000, assessing $1,500
in administrative penalties with $300 deferred.
Information concerning any aspect of this order may be obtained by contacting
Toni Toliver, SEP Coordinator at (512) 239-3400, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LILLIAN HOPKINS DBA STEPHENS CREEK
CAMPING, Docket No. 1999-1570-PWS-E; PWS No. 2040028 on June 6, 2000, assessing
$1,050 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding STARWARD REALTY AND DEVELOPMENT,
INC. DBA SUNCHASE SUBDIVISION WATER SUPPLY, Docket No. 1999-1459-PWS-E; PWS
ID No. 1230083 on June 6, 2000, assessing $1,563 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MOBIL CHEMICAL, Docket No. 1999-1416-
AIR-E; Air Account No. JE-0062-S on June 6, 2000, assessing $7,500 in administrative
penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. MYRL HERRING DBA BRAZOS BODY
SHOP, Docket No. 1999-1470-AIR-E; Air Account No. HQ-0109-D on June 6, 2000,
assessing $1000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TRIFINERY PETROLEUM SERVICES, Docket
No. 1999-1367-AIR-E; TNRCC Air Account No. NE-0195-W on June 6, 2000, assessing
$20,000 in administrative penalties with $4,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF BARTLETT, Docket No. 1999-1366-
AIR-E; Air Account No. BF-0221-T on June 6, 2000, assessing $1,750 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INTERSTATE FORGING INDUSTRIES, INC.,
Docket No. 2000-0074-AIR-E; Air Account No. GK-0016-C on June 6, 2000, assessing
$2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding COLORADO INTERSTATE GAS COMPANY,
Docket No. 1999-1534-AIR-E; Air Account No. MR-0121-W on June 6, 2000, assessing
$2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CONTINENTAL CARBON COMPANY, Docket
No. 2000-0029-AIR-E; Air Account No. MR-0003-G on June 6, 2000, assessing
$5,000 in administrative penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ABC-NACO INC., Docket No. 1999-1002-AIR-
E; Air Account No. FG-0044-H on June 6, 2000, assessing $2,500 in administrative
penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. BOB FARRAR DBA RIDE-ON MOTORS,
Docket No. 1999-1228-AIR-E; Air Account No. DB-1741-O on June 6, 2000, assessing
$1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding VINTAGE PETROLEUM, INC., Docket No.
1999-0977-AIR-E; TNRCC Air Account Nos. JB-0016-M and JB-0049-U on June 6,
2000, assessing $5,000 in administrative penalties with $1,000 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GROVES WOODWORKS, INC., Docket No.
1999-0852-AIR-E; Air Account No. TH-0721-O on June 6, 2000, assessing $1,250
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CAPITOL AGGREGATES, LTD., Docket
No. 1999-1217-AIR-E; Air Account No. TH-0015-V on June 6, 2000, assessing
$2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding HEARTLAND RIG INTERNATIONAL, INC.,
Docket No. 1999-0315-IHW-E; Registration No. 35046 on June 6, 2000, assessing
$36,875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RIVER CITY METAL FINISHING, INC.,
Docket No. 1999-1105-IHW-E; SWR No. 82605 on June 6, 2000, assessing $9,350
in administrative penalties with $1,870 deferred.
Information concerning any aspect of this order may be obtained by contacting
Karen Santiesteban, Enforcement Coordinator at (512) 239-4467, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding GENERAL CABLE INDUSTRIES, INC., Docket
No. 1999-1045-IHW-E; SWR No. 30403 on June 6, 2000, assessing $7,500 in administrative
penalties with $1,500 deferred.
Information concerning any aspect of this order may be obtained by contacting
Michael De La Cruz, Enforcement Coordinator at (512) 239-0259, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RUSSELL WORTHEN DBA F & W INDUSTRIES
LTD., INC., Docket No. 1999-1045-IHW-E; Air Account No. EB-0422-A on June
6, 2000, assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200004157
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 13, 2000
The Texas Natural Resource Conservation Commission (TNRCC) furnishes this
notice of availability of the draft Solid Waste Management in Texas - Strategic
Plan (2001-2005) and a period for public comment.
Notice is hereby given that the draft update to the state's solid waste
management plan entitled, "Solid Waste Management in Texas - Strategic Plan
(2001-2005)", is available for public review and comment. The Texas Health
and Safety Code, Chapter 361, requires the TNRCC to prepare a state solid
waste management plan every four years. The plan is to consider all of the
solid wastes under the TNRCC's jurisdiction, including hazardous wastes and
nonhazardous solid wastes from industrial and municipal sources.
Public hearings on the plan will also be held on the following dates: July
19, 2000, 1:30 p.m., Texas Natural Resource Conservation Commission, Building
F, Room 2210, 12100 Park 35 Circle, Austin, TX 78753, telephone number (512)
239-0683 for detailed directions; July 20, 2000, 1:30 p.m., Permian Basin
Regional Planning Commission, 2910 LaForce, Midland, TX 79711, telephone number
(915) 563-1061 for detailed directions; and July 21, 2000, 1:30 p.m., North
Central Texas Council of Governments, 2nd Floor, 616 Six Flags Drive, Arlington,
TX 76011, telephone number (817) 640-3300 for detailed directions.
The public is invited to submit comments on the draft plan to TNRCC. Comments
must be received by July 31, 2000. Please address comments to: Mr. David Gellner,
Strategic Assessment Division, Texas Natural Resource Conservation Commission,
P.O. Box 13087, MC 206, Austin, TX 78711-3087; or send an e-mail to dgellner@tnrcc.state.tx.us.
Comments may also be faxed to (512) 239-6166.
Copies of the draft Solid Waste Management in Texas - Strategic Plan (2001-2005)
can be obtained by contacting Mr. Gellner at (512) 239-0683 or by submitting
an e-mail to dgellner@tnrcc.state.tx.us. An electronic copy of the document
can also be viewed at http://home.tnrcc.state.tx.us/homepgs/draftdoc.html
TRD-200004102
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 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
July 24, 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 a proposed Default Order
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: J. Marshall Corporation dba Used Car Factory; DOCKET NUMBER:
1999- 0616-AIR-E; TNRCC IDENTIFICATION (ID) NUMBER: TA3129P; LOCATION: 2438
West Division, Arlington, Tarrant County, Texas; TYPE OF FACILITY: car dealership;
RULES VIOLATED: 30 TAC §114.20(c)(1) and Texas Health and Safety Code, §382.085(b)
by offering for sale a vehicle with missing or inoperable vehicle emission
control devices; PENALTY: $375; STAFF ATTORNEY: Joshua Olszewski, Litigation
Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 1101 East Arkansas Lane,
Arlington, Texas 76010-6499, (817) 469-6750.
(2) COMPANY: Derek T. Williams and Larry Williams; DOCKET NUMBER: 1999-1239-OSI-
E; TNRCC ID NUMBER: OS4948 and OS4949; LOCATION: 230 Oak Lane, Vidor, Orange
County, Texas; TYPE OF FACILITY: on-site sewage facility; RULES VIOLATED:
30 TAC §285.7(h) and §285.91(4) by failing to submit three maintenance
reports; one total suspended solids sample, one biochemical oxygen demand
sample for each contract and fecal coliform or chlorine residual testing information
for each contract in the three maintenance reports that were submitted; PENALTY:$313;
STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175, (512) 239-3645;
REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703- 1892,
(409) 898-3838.
TRD-200004104
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 12, 2000
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075.
Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
not later
than the 30th day before the date on which the public comment period closes,
which in this case is
July 24, 2000
. Section
7.075 also requires that the TNRCC promptly consider any written comments
received and that the TNRCC may withdraw or withhold approval of an AO if
a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's
regulatory authority. Additional notice of changes to a proposed AO is not
required to be published if those changes are made in response to written
comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Written comments about the AOs should be sent to
the attorney designated for the AO at the TNRCC's Central Office at P.O. Box
13087, MC 175, Austin, Texas 78711-3087 and must be
received by 5:00 p.m. on July 24, 2000
. Written comments may also be
sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys
are available to discuss the AOs and/or the comment procedure at the listed
phone numbers; however, §7.075 provides that comments on the AOs should
be submitted to the TNRCC in
writing
.
(1) COMPANY: Clifton J. Bergeron; DOCKET NUMBER: 1996-1356-MWD-E; TNRCC
IDENTIFICATION (ID) NUMBER: NONE; LOCATION: Track 46 of the C. Teal Survey,
Abstract 204, Jefferson County, Texas; TYPE OF FACILITY: waste water treatment
system; RULES VIOLATED: the Code, §26.121 by discharging septic system
effluent into or adjacent to waters of the state; PENALTY: $27,600; STAFF
ATTORNEY: Robin Houston, Litigation Division, MC 175, (512) 239-0682; REGIONAL
OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703- 1892, (409)
898-3838.
(2) COMPANY: Hampshire-Fannett Independent School District; DOCKET NUMBER:
1997- 0218-MWD-E; TNRCC ID NUMBER: 12098-001; LOCATION: Second Street, 0.2
miles west of the intersection of State Highway 124 and Hamshire Road, Hamshire
Community, Jefferson County, Texas; TYPE OF FACILITY: waste water treatment
system; RULES VIOLATED: the Code, §26.121(a) by discharging waste into
or adjacent to any water in the state or has committed another act that has
caused or will cause pollution of any state water; PENALTY:$19,360; STAFF
ATTORNEY: Robin Houston, Litigation Division, MC 175, (512) 239-0682; REGIONAL
OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409)
898-3838.
(3) COMPANY: Kessler Foundry and Machinery L.C.; DOCKET NUMBER: 1999-0698-MLM-
E; TNRCC ID NUMBER: EE-0021-M; LOCATION: 7500 Doniphan, Canutillo, El Paso
County, Texas; TYPE OF FACILITY: foundry; RULES VIOLATED: 30 TAC §116.110(a)
and Texas Health and Safety Code (THSC), §382.085(b) and §382.0518(a)
by failing to obtain a permit, or alternatively, to satisfy the conditions
of a standard exemption, prior to conducting outdoor painting using lacquer-based
coatings; 30 TAC §115.426 and THSC, §382.085(b) by failing to maintain
records of the amount of coatings and solvents used in its outside painting
operation; 30 TAC §335.4 and the Code, §26.121 by failing to prevent
an unauthorized discharge of industrial wastewater from the sink in the topshop;
30 TAC §335.62 by failing to perform a waste determination on the lacquer
thinner contaminated with spent urethane generated in the topshop; and 30
TAC §335.6 by failing to notify the TNRCC of the generation and treatment
of hazardous wastes at the foundry; PENALTY: $7,500; STAFF ATTORNEY: Mary
R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 401
East Franklin, Suite 560, El Paso, Texas 79901- 1206, (915) 834-4949.
(4) COMPANY: Prime Time Enterprises, Incorporated; DOCKET NUMBER: 1999-0811-PST-
E; TNRCC ID NUMBER: 0006400; LOCATION: 13334 Chiswick, Houston, Harris County,
Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §115.241
and THSC, §382.085(b) by failing to install a Stage II vapor recovery
system; PENALTY: $6,250; STAFF ATTORNEY: I-Jung Chiang, Litigation Division,
MC 175, (512) 239-3400; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Douglas J. Smith, Sr.; DOCKET NUMBER: 1999-1506-OSI-E; TNRCC
ID NUMBER: OS4458; LOCATION: HCR 02 Box 467-A, Bay City, Texas; TYPE OF FACILITY:
on- site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.58(a)(3)
and (10) and THSC, §366.051(c) and §366.054 by installing two OSSF
systems on properties that had no permits issued and no authorizations to
construct and by failing, without just cause, to perform work for thirty or
more consecutive days an OSSF installation site; PENALTY:$1,125; STAFF ATTORNEY:
Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Martin Steele dba Steele Lawn Sprinklers; DOCKET NUMBER: 1999-0740-
LII-E; TNRCC ID NUMBER: NONE; LOCATION: 410 East Springdale, Grand Prairie,
Dallas County, Texas; TYPE OF FACILITY: irrigation systems installer; RULES
VIOLATED: 30 TAC §344.57(d) and the Code, §34.007(a) by selling,
designing, and installing a landscape irrigation system without a license;
PENALTY: $625; STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175,
(512) 239-3645; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas
76010-6499, (817) 469-6750.
(7) COMPANY: Roden Dairy, Incorporated; DOCKET NUMBER: 1999-0721-AGR-E;
TNRCC ID NUMBER: 03258; LOCATION: 9500 County Road 1006, Godley, Johnson County,
Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: the Code, §26.121 and
Water Quality Permit Number 03258, Special Provision Number 2.2.1 by failing
to prevent the discharge of irrigated wastewater into waters in the state;
the Code, §26.121 and Water Quality Permit Number 03258, Special Provision
Number 2.2.5 by failing to properly maintain irrigation equipment in order
to prevent any unauthorized discharge into waters in the state; and the Code, §26.039
and Water Quality Permit Number 03258, Standard Provision Number 2 by failing
to report an unauthorized discharge of wastewater to the local TNRCC district
office within 24 hours of the discharge; PENALTY: $8,500; STAFF ATTORNEY:
John Sumner, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE:
1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.
TRD-200004103
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: June 12, 2000
The executive director of the Texas Natural Resource Conservation Commission
(TNRCC) is issuing this public notice of a proposed selection of remedy for
the Texas American Oil (TAO) State Superfund site. In accordance with 30 TAC §335.349(a)
concerning requirements for the remedial action, and the Texas Health and
Safety Code, §361.187 of the Solid Waste Disposal Act concerning the
proposed remedial action, a public meeting regarding the TNRCC's selection
of a proposed remedy for the Texas American Oil State Superfund site shall
be held. Section 361.187 requires that the TNRCC shall publish notice of the
meeting in the
Texas Register
and in a newspaper
of general circulation in the county in which the facility is located at least
30 days before the date of the public meeting. This notice also appears in
the June 22, 2000, publication of the
Midlothian
Mirror
newspaper.
The public meeting is scheduled on July 31, 2000, at the City Hall Chambers,
located at 104 West Avenue E, Midlothian, Texas. The public meeting will be
legislative in nature and is not a contested case hearing under the Texas
Government Code, §2001.
The site for which a remedy is being proposed, the Texas American Oil state
Superfund site, was proposed for listing on the state registry of superfund
sites in the October 16, 1987, edition of the
Texas
Register
(12 TexReg 3858). The TAO site is located three miles north
of Midlothian on Old State Highway 67, Ellis County, Texas. The site covers
eight acres, and land use in the vicinity of the site is primarily rural.
Old Highway 67 borders the eastern site boundary. Residential areas are located
south and west of the site, and commercial properties are present along the
northern site boundary. The property is currently inactive. No buildings are
present, however, several large concrete slabs are located on-site.
Prior to 1970, the TAO site was used as a limestone quarry. From 1970 to
1978, the site was a used crankcase and transmission oil refinery. During
the operation, the used wastes were placed in three unlined pits located on
the western portion of the site. The Texas Air Control Board received numerous
complaints about the facility. When the refinery closed, the waste pits were
pumped out, and the sludge remaining in the pits was mixed with soil. Reportedly,
the pits were then covered with a three inch layer of asphalt in compliance
with an order from the Texas Department of Water Resources.
A site inspection was conducted for the Texas Water Commission (predecessor
agency of the TNRCC) in 1987. Soil and sediment samples were collected and
analyzed for total metals (barium, lead, and chromium) and volatile organic
compounds. Results indicated elevated levels of metals. A remedial investigation
(RI) of the TAO site was conducted between 1992 and 1994, and the RI identified
barium, chromium, lead, chloroform and polychlorinated bi-phenyls (PCB) as
potential chemicals of concern (COC) at the site. Based on the RI data, a
risk assessment (RA) study was performed on the site. The objective of the
RA was to characterize potential human risks that might result from exposures
to site-related contaminants under current and expected future land-use scenarios.
The risk calculations indicated a cumulative risk for on-site residents and
workers. Prior to the beginning of a treatability study in December 1998,
additional sampling and analyses of soil and groundwater at the site were
completed and confirmed lead, PCBs, and chloroform as the appropriate COCs
for the site. In May 2000, the presumptive remedy document (PRD) was prepared,
describing the remedy selection process for closure of the site. The PRD evaluated
three containment options and an off-site disposal option. The TNRCC prepared
a proposed remedial action document in June 2000. This document presented
the proposed remedy and justification for how this remedy demonstrated compliance
with the relevant cleanup standards.
Based on the calculated volume of contaminated soil and the requirement
for protection of groundwater, the recommended remedial alternative from the
TNRCC's
Presumptive Remedies Guidance for Soils at
Texas State Superfund Sites
is on-site containment with stabilization.
The recommended alternative is the most cost effective, reasonable and appropriate
remedy to address the site. Containment with in-situ stabilization will significantly
reduce the mobility and toxicity of the contaminants, which will reduce the
threat to groundwater from the treated soil as well as reduce seepage from
the stabilized materials from the pit area. In addition to stabilization,
the construction of a clay cap will prevent direct contact with potential
receptors to the impacted soil and will provide a barrier to the infiltration
of storm-water and surface water. In-situ stabilization is also most cost
effective.
A small volume of soil having PCB concentrations of more than 100 mg/kg
will be excavated and disposed of off-site. The area surrounding the waste
pits will be fenced and groundwater monitoring wells will be installed. After
closure, the cap area and remaining site areas with constituents exceeding
background concentrations will be deed recorded. Long-term maintenance and
groundwater monitoring of the cap system will be conducted.
Persons desiring to make comments on the proposed remedial action or the
identification of potentially responsible parties may do so at the meeting
or in writing prior to the public meeting. Comments may be submitted to Michael
Garrigan, Project Manager, Superfund Cleanup Section, Remediation Division,
MC 143, P.O. Box 13087, Austin, Texas 78711-3087. All comments must be received
by the close of the public meeting on July 31, 2000.
The executive director of the TNRCC prepared a brief summary of the TNRCC's
records regarding this site. This summary and a portion of the records for
this site, including documents pertinent to the proposed remedy, are available
for review during regular business hours at the A. H. Meadows School Library,
921 South 9th Street, Midlothian, TX, telephone number (972) 775-3417. Copies
of the complete public record file may be obtained during regular business
hours at the TNRCC Records Management Center, Building D, North Entrance,
Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800)
633-9363 (within Texas only) or (512) 239-2920. Photocopying of file information
is subject to payment of a fee. Questions regarding the public meeting may
be directed to Ms. Janie Montemayor, Community Relations Coordinator, telephone
number (800) 633-9363 or (512) 239-3844.
TRD-200004101
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 12, 2000
APPLICATION. The Applerock Group, LLC, 313 Genoa Red Bluff Road, Houston,
Texas 77034, a landfill disposal facility, has applied to the Texas Natural
Resource Conservation Commission (TNRCC) for a Type IV Municipal Solid Waste
Permit to authorize the disposal of brush, construction-demolition waste,
and/or rubbish that are free of putrescible and free of household wastes.
The facility is located at 313 Genoa Red Bluff Road, 1/4 mile east of the
intersection of State Highway 3 (Old Galveston Highway) and Genoa Red Bluff
Road (Fuqua) within the City of Houston in Harris County, Texas. Parts I and
II of the application were submitted to the TNRCC on March 18,1999. Parts
III and IV of the application were submitted to the TNRCC on April 3, 2000.
Parts III and IV of the permit application are available for viewing and copying
at the Pasadena City Hall located at 1211 E. Southmore Ave., Pasadena, Texas
, Phone: (713) 477-1511. The application is subject to the goals and policies
of the Texas Coastal Management Program and must be consistent with the applicable
Coastal Management Program goals and policies. The TNRCC executive director
has determined the application is administratively complete and will conduct
a technical review of the application. After completion of the technical review,
the TNRCC will issue a Notice of Application and Preliminary Decision. MAILING
LISTS. You may ask to be placed on a mailing list to obtain additional information
on this application by sending a request to the Office of the Chief Clerk,
at the address below. You may also ask to be on a county-wide mailing list
to receive public notices for TNRCC permits in the county. PUBLIC COMMENT
/ PUBLIC MEETING. You may submit public comments on this application. Written
public comments should be submitted to the Office of the Chief Clerk, at the
address provided below. The TNRCC will hold a public meeting on this application
at the following date, time and location: DATE: July 13, 2000 TIME: 7:00PM
LOCATION: 313 Genoa Red Bluff Road, Houston, Texas 77034 The purpose of the
public meeting is to provide the opportunity to submit comments or ask questions
about the application. A public meeting is not a contested case hearing. Written
public comments must be submitted to the Office of the Chief Clerk, MC 105,
TNRCC, P.O. Box 13087, Austin, TX 78711-3087. ADDITIONAL NOTICE. After technical
review of the application is complete, the executive director may prepare
a draft permit and will issue a preliminary decision on the application. Notice
of the Application and Preliminary Decision will be published and mailed to
those who are on the county-wide mailing list or the mailing list for this
application. That notice will contain the final deadline for submitting public
comments. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for
public comments, the executive director will consider the comments and prepare
a response to all relevant and material, or significant public comments. The
response to comments, along with the executive director's decision on the
application, will be mailed to everyone who submitted public comments or who
is on the mailing list for this application. The mailing will also provide
instructions for requesting reconsideration of the executive director's decision
and for requesting a contested case hearing. A contested case hearing is a
legal proceeding similar to a civil trial in state district court. A contested
case hearing will only be granted based on issues relevant and material to
the executive directors preliminary decision on the application. Further,
the Commission will only grant a hearing on issues that were raised during
the public comment period and not withdrawn. Any hearings held on this application
will only relate to Parts III and IV of the application, relating to the Site
Development Plan and the Site Operating Plan. No hearing will be held on Parts
I and II of the application, because the Commission has already approved that
portion of the application. The Site Development Plan and the Site Operating
contains information required in 30 TAC §§330.54, 330.55 and 330.56.
This includes the solid waste data, identifying the nature, type and quality
of the waste proposed for disposal at the facility, the proposed landfill
method, liner construction, cell construction sequences, closure phases, all
weather operations, access controls, solid waste deposition and operating
life, groundwater protection design and operation, rainfall run-on and run-off
controls, drainage structures, drainage calculations, erosion controls, contaminated
water controls, final cover design and landfill markers. The Site Operating
Plan consists of information required in 30 TAC §330.57 and §330.114.
The Site Operating Plan describes the operating procedures to be undertaken
to conduct day to day operations. INFORMATION. If you need more information
about this permit application or the permitting process, please call the TNRCC
Office of Public Assistance, Toll Free, at 1 (800) 687-4040. General information
about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. Further
information may also be obtained from The Applerock Group at the address stated
above or by calling Mr. William Anthony Koby at (713) 944-4253.
TRD-200004158
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 13, 2000
SOUTHERLAND PROPERTIES, INCORPORATED, c/o Charles Patterson , President,
9670 Ranch Road 12, Wimberly, Texas 78676 (applicant) seeks a permit pursuant
to §11.138, Texas Water Code, and Texas Natural Resource Conservation
Commission Rules 30 TAC §295.1, et seq. Applicant seeks authorization
to divert and use not to exceed a total of 700 acre-feet of water during a
two-year period, from the Guadalupe River, at a maximum diversion rate of
2.0 cfs (900 gpm) to be stored in an off channel reservoir for subsequent
irrigation use in Comal County, approximately 19.5 miles northwest of New
Braunfels, Texas. The applicant has indicated that they will also have groundwater
that can be used for irrigation. Pursuant to an upstream water supply contract,
the applicant also has a pending §11.121 Water Use Permit Application
(A-5647) for use of 350 acre-feet of water per annum for irrigation at the
same location included in this application. Should the temporary permit be
granted, the Executive Director would recommend that diversions during the
months of March through June be limited to times when the flow at the Guadalupe
river at U.S.G.S. gage no. 08167500 near Big Spring was at least 121 cfs and
during the remaining months only when this flow was at least 77 cfs. In addition,
the Executive Director would include a condition that would make the temporary
permit null and void upon any issuance of Water Use Permit Application No.
5647.
Written public comments and requests for a public meeting should be submitted
to the Office of Chief Clerk, at the address provided in the information section
below, by July 3, 2000. A public meeting is intended for the taking of public
comment, and is not a contested case hearing. A public meeting will be held
if the Executive Director determines that there is a significant degree of
public interest in the application.
The TNRCC may grant a contested case hearing on this application if a written
hearing request is filed by July 3, 2000. 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 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 TNRCC 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.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103, the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1 (800) 687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200004159
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 13, 2000
The Texas Natural Resource Conservation Commission's Office of Environmental
Policy, Analysis and Assessment has submitted a State of Texas Visibility
Protection Periodic Review and Report to the United States Environmental Protection
Agency (EPA). This report is submitted to meet requirements of 40 Code of
Federal Regulations, Part 51, Subpart P, Protection of Visibility, §51.306,
Long-Term Strategy and to fulfill the commitment in the State Implementation
Plan for Visibility Protection in Class I Areas Phase I.
Under the provisions of the state implementation plan, and to comply with
the federal requirements, the state must conduct a periodic review and report
on the provisions and effectiveness of the long-term strategy for Big Bend
and Guadalupe Mountains National Parks, the state's two Federal Class I areas.
The report was submitted to the EPA on April 5, 2000. A public meeting was
held in Alpine, Texas on April 27, 2000, where copies of the report were made
available.
The report can be obtained from the Texas Natural Resource Conservation
Commission's website at the following address:
www.tnrcc.state.tx.us/oprd/whatsnew.html
. To receive a copy by mail, please contact: Mr. Brian Foster, Program
Specialist, MC 206, Texas Natural Resource Conservation Commission, P.O. Box
13087, Austin, Texas 78711.
If additional information is needed, please contact Mr. Foster at telephone
number (512) 239- 1930.
TRD-200004155
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 13, 2000
Amended Notice of Application for Service Provider Certificate of Operating Authority
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on May 15, 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 Quality Telephone for a Service
Provider Certificate of Operating Authority, Docket Number 22452 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area of Texas
currently served by GTE Southwest, Inc., and Southwestern Bell Telephone Company.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than June 28, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200004036
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 8, 2000
On June 12, 2000, Communications Systems Development, Inc. filed an application
with the Public Utility Commission of Texas (commission) to amend its service
provider certificate of operating authority (SPCOA) granted in SPCOA Certificate
Number 60220. Applicant intends to reflect the merger into Metromedia Fiber
Network Services, Inc., a wholly-owned subsidiary of Metromedia Fiber Network,
Inc.
The Application: Application of Communications Systems Development, Inc.
for an Amendment to its Service Provider Certificate of Operating Authority,
Docket Number 22658.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326
no later than June 28, 2000. You may contact the commission's Office of Customer
Protection at (512) 936-7120. Hearing and speech- impaired individuals with
text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 22658.
TRD-200004148
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application for authority to increase fixed fuel
factors and implement an interim surcharge of fuel cost under-recoveries on
June 5, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities
Code Annotated §36.203 (Vernon 1998 & Supp. 2000).
Docket Style and Number: Application of Texas New-Mexico Power Company
for Authority to Increase Fuel Factors and to Implement an Interim Surcharge
of Fuel Cost Under-Recoveries. Docket Number 22636.
The Application: Texas New-Mexico Power Company (TNMP) 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 P.U.C. Substantive Rule §25.237. TNMP requests approval to implement
its proposed fuel factor (Rider FC) on an interim basis effective July 5,
2000. TNMP also requests authority to implement an interim surcharge in the
amount of $24,671,304 effective September 1, 2000 on bills of its Texas retail
customers, consisting of the under-recovered fuel and purchased power costs
as of the end of March 2000 and interest through the period the surcharge
is made. TNMP proposes to make the surcharge during the period from September
1, 2000 through December 31, 2001 for all customers.
The proposed fuel factor is calculated to recover fuel and purchased power
costs for a projected rate year of July 2000 through June 2001. The proposed
revised fixed fuel factors, differentiated by voltage level, are as follows
per kilowatt-hour: Overall Fuel Cost Factor $0.0221612/kWh; Distribution Voltage
Fuel Cost Factor $0.0222951/kWh; and Transmission Voltage Fuel Cost Factor
$0.0210306/kWh.
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 no later than June 29, 2000. 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-200004146
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission), on May 26, 2000, for designation as an eligible
telecommunications carrier under 47 U.S.C. §214(e).
Docket Title and Number: Application of Cumby Telephone Cooperative, Inc.
for Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to
47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.418. Docket Number
22592.
The Application: Under 47 U.S.C. §214(e), a common carrier designated
as an ETC in accordance with that subsection shall be eligible to receive
federal universal service support under 47 U.S.C. §254. Cumby Telephone
Cooperative, Inc. (Cumby) seeks designation for GTE's Southwest Inc.'s Brashear
exchange. Cumby holds Certificate of Operating Authority Number 50017.
Persons who wish to comment on this application should notify the Public
Utility Commission of Texas by July 3, 2000. Requests for further information
should be mailed to 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 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 (800) 735-2989
to reach the commission's toll free number (888) 782-8477. The deadline for
comment is July 3, 2000, and all correspondence should refer to Docket Number
22592.
TRD-200004141
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission) on May 26, 2000, for designation as an eligible
telecommunications provider pursuant to P.U.C. Substantive Rule §26.417.
Docket Title and Number: Application of Cumby Telephone Cooperative, Inc.
for Designation as an Eligible Telecommunications Provider (ETP) Pursuant
to P.U.C. Substantive Rule §26.417. Docket Number 22593.
The Application: Cumby Telephone Cooperative, Inc. (Cumby) filed an application
for designation as an eligible telecommunications provider (ETP) pursuant
to P.U.C. Substantive Rule §26.417. Cumby is requesting ETP designation
in order to be eligible to receive funds from the Texas Universal Service
Fund (TUSF) under the Texas High Cost Universal Service Plan (THCUSP). Cumby
seeks ETP designation for GTE's Southwest Inc.'s Brashear exchange under Certificate
of Operating Authority Number 50017.
Persons who wish to comment on this application should notify the Public
Utility Commission of Texas by July 3, 2000. Requests for further information
should be mailed to the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or you may call the commission's Office of Customer
Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired
individuals with text telephone (TTY) may contact the commission at (512)
936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll
free number (888) 782-8477. The deadline for comment is July 3, 2000, and
all correspondence should refer to Docket Number 22593.
TRD-200004140
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on June 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 EXP Communications, Inc. for a
Service Provider Certificate of Operating Authority, Docket Number 22640 before
the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, Digital Subscriber
Line, ISDN, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long
distance, and wireless services.
Applicant's requested SPCOA geographic area 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 June 28, 2000. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-200004088
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 9, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on June 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 TenantConnect LLC for a Service
Provider Certificate of Operating Authority, Docket Number 22642 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, 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 Austin and San Antonio 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 June 28, 2000. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-200004090
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 9, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 9, 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 Telergy Network Services, Inc.
for a Service Provider Certificate of Operating Authority, Docket Number 22654
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 entire state of
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than June 28, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200004143
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 12, 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 Edge Connections, Inc. for a Service
Provider Certificate of Operating Authority, Docket Number 22660 before the
Public Utility Commission of Texas.
Applicant intends to provide voice, data, video and other applications
through Digital Subscriber Line technology, including but not limited to high-speed
Internet access, voice services, data services, virtual private networks,
IP fax, voice over IP, IP video, and IP/PBX services.
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, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than June 28, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200004147
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 9, 2000, to amend a certificated
service area boundary in Kendall County pursuant to §§14.001, 37.051,
and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities
Code Annotated (Vernon 1998 & Supp. 2000) (PURA). A summary of the application
follows.
Docket Style and Number: Application of Pedernales Electric Cooperative,
Inc. (PEC) to Amend Certificated Service Area Boundaries Within Kendall County.
Docket Number 22651.
The Application: PEC requests the boundary change for one area, the Cordillera
Ranch Subdivision. A small portion of the proposed subdivision would be served
by Bandera Electric Cooperative, Inc. (Bandera Electric). PEC will be able
to efficiently provide service to all of the land in the Cordillera Ranch
Subdivision by transferring Bandera Electric's service area with the subdivision,
to PEC. The service boundary change application is being made at the request
of the property owners that are developing the subdivision. Bandera Electric
has consented to this request. Copies of the application and additional associated
maps are available for review at the PEC office, Johnson City, Texas. Persons
with questions about this project should contact Bennie Fuelberg, PEC at (830)
868-7155 or Lambeth Townsend with Lloyd, Gosselink, Blevins, Rochelle, Baldwin &
Townsend, P.C., at (512) 322-5830.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 or (888)
782-8477. Hearing and speech- impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. The deadline for intervention in the proceeding will be established.
The commission should receive a letter requesting intervention.
TRD-200004144
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a petition on May 1, 2000, for expanded local calling
service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility
Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Petition of the Hilltop Lakes Exchange for Expanded
Local Calling Service, Project Number 22483.
The petitioners in the Hilltop Lakes Exchange request ELCS to the exchanges
of Centerville, Jewett, and Marquez.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Office of Customer Protection at (512) 936-7120 no later
than June 28, 2000. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200004142
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
The Public Utility Commission of Texas (commission) received a petition
for rulemaking and draft rule from the Texas Health and Human Services Commission
on behalf of the Texas Information and Referral (I&R) Network and its
partners. The Texas I&R Network was established by the 75th Legislature
for the development, coordination and implementation of a statewide information
and referral system. The petition was filed on June 8, 2000, and has been
designated as Project Number 22643,
Petition by the
Texas Information & Referral Network for Assignment of 211 Dialing Code
for use by the Public to Access Health and Human Service Information and Referral
. Under the Administrative Procedure Act §2001.021 the commission
shall either deny the petition in writing, stating its reasons for denial,
or initiate a rulemaking proceeding not later than the 60th day after the
date the petition is filed.
The petition requests that the commission amend Substantive Rule §26.127
relating to Abbreviated Dialing Codes to allocate the 211 dialing code for
use by the public to access services providing free information and referrals
regarding community resources. N11 codes are recognized as a scarce resource
with priority given for public interest use. The petition states that: (1)
I&R organizations providing community resource services are daily presented
with requests for assistance from individuals facing serious threats to health,
mental and social well- being; (2) there is a precedent for the use of the
211 dialing code for social service information and referral as other states
have implemented this service; (3) a uniform approach is missing for efficiently
bringing together those in need with those who can best meet that need; (4)
911 and 311 services are not set up to resolve problems and issues (i.e.,
food, clothing, housing, child care, aging and hospice services, support groups,
legal assistance, counseling, transportation, physical and mental health care,
financial assistance programs, job placement and training, and educational
opportunities) that are best resolved by the I&R entities; (5) establishment
of 211 for these services would alleviate congestion on 911 and 311 entities;
and (6) 800, 877, 888 numbers and local numbers are not an efficient means
for meeting these needs.
Comments on the petition and draft amendment may be filed not later than
3:00 p.m. on Friday, July 14, 2000. Copies of the petition and draft rule
amendment may be obtained from the commission's Central Records, William B.
Travis Building, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas
78711-3326. All inquiries and comments concerning this petition for rulemaking
should refer to Project Number 22643.
TRD-200004145
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 13, 2000
On June 2, 2000, Southwestern Bell Telephone Company and Jato Operating
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 22618. 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
22618. 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 July 5, 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 commission's 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
22618.
TRD-200004023
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June 2, 2000, Southwestern Bell Telephone Company and Allegiance Telecom
of Texas, Inc., 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 22619. 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
22619. 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 July 5, 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 commission's 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
22619.
TRD-200004024
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June 2, 2000, @Link Networks, Inc. formerly known as Dakota Services
Limited and GTE Southwest, Inc., 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 22623. 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
22623. 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 July 5, 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 commission's 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
22623.
TRD-200004028
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June 2, 2000, Southwestern Bell Telephone Company and BasicPhone, Inc.,
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 22625. 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
22625. 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 July 5, 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 commission's 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
22625.
TRD-200004030
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June 6, 2000, Southwestern Bell Telephone Company and Millennium One
Communications, Inc., 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 22637. 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
22637. 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 July 7, 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 commission's 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
22637.
TRD-200004044
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 8, 2000
On June 2, 2000, Southwestern Bell Telephone Company and Time Warner Telecom
of Texas, LP, 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 22620. 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 22620. 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 July 5, 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 commission's 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
22620.
TRD-200004025
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June, 2, 2000, MPower Communications Corporation and GTE Southwest,
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
22621. 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 22621. 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 July 5, 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 commission's 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
22621.
TRD-200004026
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June, 2, 2000, Snappy Phone of Texas, Inc. and GTE Southwest, 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
22622. 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 22622. 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 July 5, 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 commission's 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
22622.
TRD-200004027
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June 2, 2000, Highland Digital Paging, Inc. doing business as Highland
Communications Inc. and GTE Southwest, 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 22624. 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 22624. 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 July 5, 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 commission's 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
22624.
TRD-200004029
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 7, 2000
On June 5, 2000, Koyote Telephone, Inc. and GTE Southwest, 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 22629. 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 22629. 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 July 6, 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 commission's 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
22629.
TRD-200004047
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 8, 2000
On June 5, 2000, Winstar Wireless Incorporated and GTE Southwest, Inc.,
collectively referred to as applicants, filed a joint application for approval
of an interim 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 22630. The joint application and the underlying interim interconnection
agreement are available for public inspection at the commission's offices
in Austin, Texas.
The commission must act to approve the interim 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 interim
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
22630. 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 July 6, 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 commission's 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
22630.
TRD-200004046
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 8, 2000
On June 5, 2000, Southwestern Bell Telephone Company and FamilyTel of Texas,
LLC, 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
22635. 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 22635. 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 July 6, 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 commission's 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
22635.
TRD-200004045
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 8, 2000
On June 6, 2000, Southwestern Bell Telephone Company and Nationwide Communication,
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
22639. 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 22639. 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 July 7, 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 commission's 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
22639.
TRD-200004043
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 8, 2000
On June 7, 2000, Southwestern Bell Telephone Company and Universal Telecom,
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, Supplement 2000) (PURA). The joint application has been designated
Docket Number 22641. The joint application and the underlying interconnection
agreement is 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 22641. 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 July 7, 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 22641.
TRD-200004089
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 9, 2000
The staff of the Public Utility Commission of Texas (commission) will host
a workshop to discuss the rulemaking to implement §§54.102, 60.164,
and 60.165 of the Public Utility Regulatory Act (PURA) concerning affiliate
issues for telecommunications service providers. Project Number 21164,
The workshop will be held on Thursday, July 27, 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. The agenda
for the workshop will be filed in Central Records and made available through
the commission's website no later than July 24, 2000. Copies of the agenda
will also be made available at the workshop. 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 to file comments addressing the questions below
and invites commenters to propose drafts of rule language.
QUESTIONS
PURA §54.102 Relating to Application for Certificate
1. What specifically could a commission affiliate rule clarify for market
participants concerning the requirements and restrictions imposed upon CCN
holders and affiliated COA or SPCOA holders pursuant to PURA §54.102?
In response to this request, you may refer to the draft rule proposed by staff
for discussion at the February 23, 2000 workshop in Project Number 21164,
which is available for review on the commission's Internet site at http://www.puc.state.tx.us/rules/
rulemake/21164/21164.cfm.
PURA§60.164 Relating to Permissible Joint Marketing
2. What specific federal law and Federal Communication Commission (FCC)
rules and orders permit local exchange companies to jointly market or sell
its products and services with the products and services of an affiliate?
What limits are set by federal law and FCC rules and orders regarding this
joint marketing?
3. In what ways could a commission affiliate rule clarify the permissible
joint marketing activities or restrictions against joint marketing as prescribed
in PURA Chapter 61 relating to Information Technology Services, Chapter 62
relating to Broadcaster Safeguards, and Chapter 63 relating to Electronic
Publishing?
4. In what ways could a commission affiliate rule clarify the provisions
of PURA §60.164?
PURA §60.165 Relating to Affiliate Rule
5. In what ways could a commission affiliate rule clarify the provisions
of PURA §60.165?
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 20 days of the date of publication of this
notice. All comments should reference Project Number 21164.
Questions about Project Number 21164 may be referred to Bridget Rabel,
Office of Policy Development, (512) 936-7156, bridget.rabel@puc.state.tx.us.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200004072
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 9, 2000
Proposed Memorandum of Agreement Between the Texas Council on Purchasing from People with Disabilities and TIBH Industries, Inc.
September 1, 2000 - August 31, 2001 MEMORANDUM OF
AGREEMENT BETWEEN The Texas Council on Purchasing from People with Disabilities
("the Council") And The Designated Central NonProfit Agency, TIBH Industries,
Inc. ("TIBH")
ARTICLE I.
A. PURPOSE OF AGREEMENT
The purpose of this agreement is to define the relationship between the
Council and a CNA in the implementation of this program, to further the State's
policy of encouraging and assisting persons with disabilities to achieve maximum
personal independence by engaging in useful and productive work. (Human Resources
Code, 122.001)
B. DESIGNATION AS A CENTRAL NONPROFIT AGENCY
The Council under its statutory authority hereby designates TIBH as a Central
NonProfit Agency (CNA) for the purposes of this agreement subject to the terms
and conditions of the contract and in accordance with 122.019 of the Human
Resources Code.
As a designated CNA, TIBH shall carry out the duties of this agreement.
C. CONFLICT OF INTEREST
1. No member of this CNA Board of Directors or staff shall receive any
personal or financial benefit from any vendor or manufacturer or manufacturer's
representative that sells a product used by a Community Rehabilitation Program
(CRP); nor shall any Board or staff member derive any benefit directly or
indirectly from materials or supplies used by a CRP or any product or service
produced by a CRP. It shall not be a conflict of interest or violation of
the foregoing policy for a CNA Board member to receive normal and reasonable
compensation or salary for actual services as director or employee of a CRP.
2. This CNA shall disclose any financial or family relationships which
may create the appearance of a conflict of interest. Board members may not
appoint or vote for any person related to that individual within the third
degree of consanguinity (related by blood) or the second degree of affinity
(related by marriage) to any paid position at the CNA. All actual or potential
conflicts shall be disclosed to the Council at the next regular meeting of
the Council.
D. NONDISCRIMINATION
It is agreed that the Council and this CNA shall not discriminate and shall
not permit discrimination in the provision of services, benefits, or products
either by them or by any participant in this program on the basis of race,
sex, color, national origin, age, religion, or disability.
E. CONFIDENTIALITY OF INFORMATION
The Council and this CNA agree that all duties and activities performed
under this agreement shall conform with any applicable confidentiality and
statutory requirements, subject to Article V of this Agreement.
ARTICLE II.
A. DUTIES OF THE COUNCIL
1. The Council shall determine the fair market price of all products and
services manufactured or provided by persons with disabilities for sale to
the State. (Human Resources Code, 122.003)
2. The Presiding Officer of the Council shall appoint a three member Pricing
Subcommittee to review data used to determine the fair market price. The subcommittee
shall make recommendations to the full Council concerning fair market price
for products and services. (Human Resources Code, 122.007 (b))
3. The Council shall revise prices as necessary to reflect changes in the
market place. Such revisions may be upward or downward to reflect changing
market conditions. (Human Resources Code, 122.007 (c))
4. The Council may make rules regarding other matters related to the State's
use of products and services of persons with disabilities. (Human Resources
Code, 122.013)
5. The Council shall adopt the form for reporting of any products or services
which are purchased under the exception provisions of Human Resources Code
122.016.
6. The Council shall prepare information of consumer interest about the
Council and describe the procedures by which complaints are filed and resolved
with the Council. The information shall be made available to the general public
and State agencies. (Human Resources Code, 122.020 (a))
7. The Council shall keep an information file about each complaint filed
relating to a product or service of a CRP. (Human Resources Code, 122.020
(b))
8. The Council shall notify all parties of the status of any complaint
at least quarterly until resolution unless such notice would jeopardize an
undercover investigation. (Human Resources Code, 122.020 (c))
9. The Council shall on or before November the 1st, of each year, file
a report with the Governor, the Speaker of the House, and the LT. Governor.
The report shall include:
a. Accounting of all funds received and disbursed by the Council;
b. The number of persons with disabilities, according to their type of
disability, participating in the program;
c. The amount of annual wages paid to person participating in the program,
including disabled and nondisabled persons;
d. Summary of the sale of products and services offered by CRPs;
e. List of products and services offered by CRPs; and
f. The geographic distribution of the CRPs. (Human Resources Code, 122.022)
10. The Council may cooperate with the Texas Department of Criminal Justice
Institutional Division to accomplish the purposes of the program. (Human Resources
Code, 122.010)
11. The Council may adopt procedures, practices, and standards used for
Federal programs similar to the State program. (Human Resources Code, 122.011)
12. The Council shall review all applications for selection of suitable
products or services for sale to the State. It shall be the duty of the General
Services Commission to develop or adopt specifications for the products or
services determined by the Council to be feasible for production or delivery
by persons with disabilities. (Human Resources Code, 122.014)
13. The Council may suspend awarded contracts for nonperformance by CRPs
in accordance with 40 TAC Texas Administrative Code 189.10.
14. The Council shall obtain from this CNA a list of suitable products
and services offered for sale to the state which shall contain at least -
1. delivery schedule, 2. freight, and 3. packaging, and cause the same to
be published in the Texas Register at least semiannually.
15. The Council shall cause the publication and distribution of a catalog
of all products and services produced and/or provided by persons with disabilities.
16. The Council shall annually review this CNA's budget and programmatic
performance and objectives in accordance with rules adopted by the Council.
(Human Resources Code 122.019(c))
17. The Council shall annually establish management fees to be paid to
this CNA or their services to participating CRPs. (Human Resources Code, 122.019
(c))
18. The Council shall set the percentage of the management fee paid to
it in the amount necessary to reimburse the general revenue fund for direct
and usable costs, including all expenses of the Council, and other costs incurred
by the General Services Commission in administering its duties to the Council.
(Human Resources Code, 122.019(e))
ARTICLE III.
A. DUTIES OF THE CENTRAL NONPROFIT AGENCY
1. This CNA shall facilitate the distribution of orders among CRPs assisting
persons with disabilities. (Human Resources Code, 122.019 (a)(2))
2. No later than September 15th of each year, this CNA shall submit a draft
of the Annual Report to the Council for review and comment. The reporting
period covered shall be September 1 through June 30. This CNA shall provide
such information as necessary for the Council to submit its required report
to the Governor, Lt. Governor, and Speaker of the House. The presiding officer
of the Council shall execute the final report sent to the Governor, Lt. Governor
and Speaker of the House. (Human Resources Code, 122.022(a))
3. This CNA shall be responsible for the publication of catalogs and/or
updates of products and services available for sale to the state. This catalog
will be utilized to fulfill the Council's requirement for publication of a
list of products and services in the Texas Register. The catalog shall be
distributed to all interested parties.
4. This CNA shall assist the CRPs in the research and development of suitable
products and services and submit them to the Pricing Subcommittee for review
and recommendation to the Council. No product or service shall be considered
without obtaining specifications which have been developed or approved by
the General Services Commission as required by 122.014, Human Resources Code.
(Human Resources Code,122.019(a)(1), (b)(3))
5. This CNA shall be responsible for the overall marketing of the selected
products and services to the state and its political subdivisions for the
purpose of promoting the program. (Human Resources Code, 122.019 (b)(2))
6. This CNA shall obtain or assist with contracts for qualified products
and services for participating CRPs. (Human Resources Code, 122.019(b)(1))
7. This CNA shall provide administrative, educational, marketing and accounting
assistance to CRPs when requested by the CRP or when such assistance is directed
by the Council or when the need for such assistance is obvious to this CNA
and acceptable to the CRPs. (Human Resources Code, 122.019 (b)(6) and (7))
8. This CNA shall submit its budget to the Council for review and approval
of its management fee. In accordance with Human Resources Code 122.019(c)
and (d), the designated central nonprofit agency will provide to the Council,
subject to the Texas Public Information Act, (Government Code, Chapter 522)
the following for services provided herein:
(1) quarterly reports of sales of products or services, wages paid and
hours worked by people with disabilities;
(2) at least once a year, and prior to any review and/or renegotiation
of the contract;
(a) an updated marketing plan.
(b) a proposed annual budget with estimated sales, commissions, and expenses.
(c) a program budget with details on how the expected revenue and expenses
will be allocated to directly support and expand the state use program and
other programs that expand direct services and/or the enhancement of employment
opportunities for people with disabilities.
(d) latest audited annual financial statement.
(3) records in accordance with Human Resources Code, 122.009(a) for
audit purposes.
ARTICLE IV
The Council shall approve the management fee annually. The Council shall
base the management fee using the financial document referenced in Article
III, paragraph 8. The Council shall establish a management fee schedule on
products and services as follows: 1. New products, 2. New services, 3. Renewal
contracts for products and services, 4. Warehouse fees.
ARTICLE V.
A. ADDITIONAL DUTIES OF THE CNA AND THE AUTHORITY
TO CARRY OUT THESE DUTIES DELEGATED BY THE COUNCIL
1. After screening for suitability, the CNA shall approve or reject CRP
product or service applications prior to presentation to the Pricing Subcommittee.
CRPs whose applications are not adopted will be advised of the appeal process.
2. This CNA shall provide assistance to CRPs regarding the solicitation
and negotiation of contracts.
3. This CNA shall require annual reports from the participating CRPs detailing
the actual costs to produce the product/service provided in terms directly
comparable to the initial cost estimates.
4. This CNA may temporarily suspend any CRP contract due to poor quality,
non-performance, delivery problems, noncompliance, or any other breach of
contract or violation of the rules applicable to this program subject to appeal
by the CRP to the Council.
5. This CNA is authorized to receive payments from the agencies for products
and services provided by the CRPs. This CNA shall pay CRPs within 14 to 21
days for products and services delivered or performed according to their contracts.
6. This CNA shall assist CRPs in resolving any complaints filed with regard
to quality, quantity, timeliness, or delivery regarding products or services.
7. This CNA shall assist the CRPs in the continued development and improvement
of products and services offered for sale to the state.
8. This CNA shall notify the Council quarterly of any additions or deletions
to the current listing of recognized and participating CRPs.
9. This CNA shall provide the Council information relating to completed
contracts, approval, suspension or reinstatement proceedings, summary data
of CRP audits to ensure program compliance, and any other relevant data so
requested by the Council which is required to carry out the expressed or implied
legislated intent of the program.
10. This CNA shall administer and coordinate the normal day-today operations
of the program by acting as the central facilitating agency between the CRPs,
the Council, and all purchasers of products and services available in the
program.
11. This CNA shall recruit such new CRPs as may be required to continue
the existing program or provide for its expansion.
12. This CNA shall cooperate with the Texas Department of Criminal Justice
Institutional Division in the implementation and operation of this program.
13. This CNA shall use all reasonable effort to insure that all data presented
to the Council to establish a fair market price reflects the true and accurate
costs to produce the proposed or existing product or service.
14. This CNA shall support out placement services and supported employment
services.
ARTICLE VI.
A. ENTIRE AGREEMENT
The agreement and executed amendments, if any, constitute the entire agreement
of the parties concerning the subject matter hereof and all prior and contemporaneous
understandings, whether written, or oral are merged herein.
B. AMENDMENTS
The terms and conditions of the contract, amendments, modifications, or
other documents submitted by either party which conflict with, or in any way
purport to amend or add to any of the terms and conditions of the contract
are specifically objected to by the other party and shall be of no force or
effect, nor shall govern in any way the subject matter hereof, unless set
forth in writing and signed by both parties.
C. CONTRACT ADMINISTRATORS
1. The Contract Administrator for the Council shall be the Coordinator
to the Council. TIBH may direct all questions and requests to the Administrator.
The address and fax number is as follows: _______________________ ___________
________________________________ __ ________________________________ __
2. The Contract Administrator for TIBH shall be ________________. The
Council may direct all questions and requests to the Administrator. The
address and fax number is as follows: _______________________ ___________
_______________________ ___________ _______________________ ___________
D. CONTRACT TERM
The agreement shall commence, September 1, 2000 and shall end on August
31, 2001
E. EFFECTIVE DATE
This agreement is effective as of the date when the last party executes
the agreement.
TRD-200004161
Julie King
Legal Counsel
Texas Council on Purchasing from People with Disabilities
Filed: June 14, 2000
Notice of Application for Rebuttal of Control of a State Savings Bank
Notice is hereby given that on June 5, 2000, application was filed with
the Savings and Loan Commissioner of Texas for rebuttal of rebuttable determination
of control of FirstCapital Bank, ssb, Victoria, Texas by: Falcon Seaboard
Investment Company, L.P., FSI Management Company, L.L.C., The David Dewhurst
Investment Partnership, Ltd. and David Dewhurst Trust (collectively, "Falcon").
This application is filed pursuant to 7 TAC §§75.121-127 of the
Rules and Regulations Applicable to Texas Savings Banks. These Rules are on
file with the Secretary of State, Texas, Register Division, or may be seen
at the Department's offices in the Finance Commission Building, 2601 North
Lamar, Suite 201, Austin, Texas, 78705.
TRD-200004050
James L. Pledger
Commissioner
Texas Savings and Loan Department
Filed: June 8, 2000
Public Notice
Public Notice: Municipal Restriction on Use of State Highway: Pursuant
to Transportation Code, §545.0651 and 43 TAC §§25.601-25.603,
the City of Houston has proposed an ordinance establishing lane use restrictions
for certain trucks on a portion of Interstate Highway 10 within the city.
The proposed ordinance would apply to trucks, as defined in Transportation
Code, §541.201, with three or more axles, and to truck tractors, also
as defined by Transportation Code, §541.201, regardless of whether the
truck tractor is drawing another vehicle or trailer. The proposed ordinance
would prohibit those vehicles from using any traffic lane on Interstate Highway
10, between the center line of Waco Street at the Waco Street interchange
(also known as Exit 771A eastbound and westbound) and the center line of Uvalde
Road at the Market Road or Street/Uvalde Road interchange (also known as Exit
780 eastbound and Exit 779B westbound), other than the two controlled access
lanes on each side of Interstate Highway 10 that are most immediately to the
right of the left hand (or inner) controlled access lane.
The proposed restriction would apply between the hours of 6:00 a.m. and
8:00 p.m., Monday through Friday, holidays observed by the closure of City
of Houston offices excepted, and would allow the operation of such a truck
in a prohibited traffic lane for the purposes of passing another vehicle or
entering or exiting the highway.
The intent of this ordinance is to establish a demonstration project within
the Houston metropolitan region to evaluate the effectiveness of a truck lane
restriction in affecting traffic volumes and flow rates and in reducing truck
accidents within an urban freeway corridor.
Pursuant to 43 TAC §25.603(f), the Texas Department of Transportation
will evaluate the impact of the proposed restriction and the proposed ordinance's
compliance with the requirements of Transportation Code, §545.0651 and
43 TAC §§25.601-25.603. Interested persons are requested to submit
comments concerning the proposed ordinance. Written comments may be submitted
to Mr. Carlos Lopez, P.E., Director, Traffic Operations Division, Texas Department
of Transportation, 125 East 11th Street, Austin, Texas 78701. The deadline
for receipt of comments is 5:00 p.m. on July 24, 2000.
TRD-200004160
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: June 14, 2000
Notice of Availability of Final Environmental Impact Statement
The Texas Turnpike Authority Division (TTA) of the Texas Department of
Transportation hereby issues this notice to advise the public that a Final
Environmental Impact Statement (FEIS) has been prepared and approved for the
proposed extension of Loop 1 in Travis and Williamson Counties. The proposed
project would extend Loop 1 from FM 734 (Parmer Lane) north and northeast
approximately 7 miles to Interstate Highway 35 south of Round Rock. Alternatives
being considered for the Loop 1 project include two route alternatives and
a no-build alternative. The route alternatives generally follow existing FM
1325 north, but diverge from the existing roadway at different points following
new location right-of-way before turning east to intersect with Interstate
Highway 35. The FEIS evaluates the two route alternatives as well as the no-build
alternative.
As currently proposed, the ultimate facility design is anticipated to be
a controlled access four to six lane roadway within a usual right-of-way of
400 feet. Frontage roads, grade separations and direct connection ramps will
be constructed at varying locations, depending on the final alignment and
design.
The proposed Loop 1 project is being developed as a toll road candidate.
Accordingly, in conjunction with other project development related activities,
TTA is conducting a study to evaluate the feasibility of developing the proposed
project as a toll road and financing it, in whole or in part, through the
issuance of revenue bonds.
The Loop 1 FEIS is available for review at the offices of the TTA, 125
East 11th Street, Austin, Texas, 78701. Copies of the FEIS may be purchased
from TTA for the actual cost of reproduction.
Copies of the FEIS have also been filed with and are available for public
review at the Austin Public Library/Austin History Center (Reading Room, 810
Guadalupe Street, Austin, Texas) and the Round Rock Public Library (Reference
Desk, 216 East Main Street, Round Rock, Texas).
Comments on the FEIS may be submitted to Ms. Stacey Benningfield, Environmental
Manager, Texas Turnpike Authority Division, Texas Department of Transportation,
125 East 11th Street, Austin, Texas, 78701-2483. For additional information
contact Ms. Benningfield at the address listed in this notice or by telephone
at (512) 936-0983.
TRD-200004166
Phillip Russell
Director
Texas Turnpike Authority Division of the Texas Department of Transportation
Filed: June 14, 2000
This is a revised version of the notice of intent for Request for Proposal
(RFP) #86-0RFP5012 which was originally published in the June 9, 2000, issue
of the
Texas Register
(25 TexReg 5750). The
description of the services requested has been revised, as have they dates
for submittal of letters of request, release of the RFO, and submittal of
RFP responses.
This notice represents the first step in the process of soliciting traffic
and revenue modeling and forecasting services for projects under consideration
statewide by the Texas Turnpike Authority, a division of the Texas Department
of Transportation ("TTA"). Through this notice the TTA is seeking Letters
of Request ("LOR") from parties interested in receiving a request for proposal
("RFP"). The TTA anticipates issuing the RFP, receiving and analyzing RFP
responses, conducting interviews (if necessary), and negotiating a contract
for traffic and revenue modeling and forecasting services (the "Services.")
This procurement is being conducted pursuant to Chapter 361 of the Texas Transportation
Code and 43 Texas Administrative Code, §53.20, et. seq.
Description of the Project
. The Services
may be performed for potential turnpike projects statewide. The TTA is seeking
one or more professional engineering firms experienced in generating work
product acceptable to and recognized by the major investment banking firms,
debt instrument rating agencies, major institutional investors, and the turnpike
industry. The firm(s) should possess the experience and expertise to provide
the Services and have a verifiable record of accuracy in producing traffic
and revenue forecasts for new and operating turnpikes.
Release of RFP
. The TTA currently anticipates
that the RFP will be available on or about June 30, 2000. Copies of the RFP
will be mailed or provided on or about that date to those parties who have
submitted a LOR. The TTA is under no obligation to mail RFPs to parties submitting
LORs after June 30, 2000. The deadline for RFP responses is currently anticipated
to be July 20, 2000. Details concerning deadlines, responses and content will
be contained in the RFP.
Deadline for Letters of Request
. A LOR notifying
the TTA of a party's request for a copy of the RFP will be accepted by fax
at (512) 936-0970 (Attention: Crystal Hansen) or, by mail, hand-delivery or
overnight courier at: Texas Turnpike Authority Division of the Texas Department
of Transportation, 125 East 11th Street, 5th Floor, Austin, Texas, 78701 Attention:
Crystal Hansen. LORs must identify a contact person, an address to which the
RFP should be sent, a telephone number for the contact person, and a fax number.
LORs will be received until 5:00 p.m. C.S.T. on June 30, 2000.
TRD-200004174
Phillip Russell
Director
Texas Turnpike Authority Division of the Texas Department of Transportation
Filed: June 14, 2000
Notice of Hearing
An attorney with the Texas Water Development Board will conduct a public
hearing beginning at: 10:00 a.m., August 10, 2000, Room 118, Stephen F. Austin
Building, 1700 North Congress Avenue, Austin, Texas 78701 on the proposed
Fiscal Year 2001 Intended Use Plan for the Drinking Water State Revolving
Fund (DWSRF). The Intended Use Plan (IUP) contains a combined list of projects
for large and small communities, including projects for privately owned water
systems and projects for entities which have qualified as disadvantaged communities.
Projects are listed in priority order. The Intended Use Plan describes the
sources and uses of funds for projects as well as for set-aside activities.
The proposed Intended Use Plan has been prepared pursuant to rules for the
Drinking Water State Revolving Fund as adopted by the Texas Water Development
Board in 31 T.A.C. Chapter 371.
Interested persons are encouraged to attend the hearing and to present
relevant and material comments concerning the proposed Intended Use Plan.
In addition, persons may participate in the hearing by mailing written comments
before the above date to Helen Dean, Manager, Grant Administration and Special
Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station,
Austin, Texas 78711. Written comments will also be accepted for thirty (30)
days following the August 10, 2000 hearing. Copies of the proposed 2001 Intended
Use Plan will be available in Room 543 of the Stephen F. Austin Building or
may be obtained from the Grants Administration and Special Reporting Section,
Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas
78711.
The hearing is being conducted pursuant to 31 Texas Administrative Code, §371.11
and 40 C.F.R. §25.5.
TRD-200004099
Gail L. Allan
Director, Administration and Northern Legal Services
Texas Water Development Board
Filed: June 12, 2000
An attorney with the Texas Water Development Board will conduct a public
hearing beginning at: 10:00 a.m., August 15, 2000, Room 118, Stephen F. Austin
Building, 1700 North Congress Avenue, Austin, Texas 78711 on the proposed
Fiscal Year 2001 Intended Use Plan ("IUP") for the Clean Water State Revolving
Fund ("CWSRF"). The Intended Use Plan contains a listing of treatment works
projects in prioritized order which will be considered for funding in FY 2001
through the CWSRF program. The proposed IUP has been prepared pursuant to
rules for the CWSRF as adopted by the Texas Water Development Board in 31
T.A.C. Chapter 375.
Interested persons are encouraged to attend the hearing and to present
relevant and material comments concerning the proposed Intended Use Plan.
In addition, persons may participate in the hearing by mailing written comments
before the above date to Helen Dean, Manager, Grant Administration and Special
Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station,
Austin, Texas 78711. Copies of the proposed 2001 Intended Use Plan will be
available in Room 543 of the Stephen F. Austin Building or may be obtained
from the Grants Administration and Special Reporting Section, Texas Water
Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711.
The hearing is being conducted pursuant to 31 Texas Administrative Code §375.11
and 40 CFR §
25.5.
TRD-200004137
Gail L. Allan
Director, Administration and Northern Legal Services
Texas Water Development Board
Filed: June 13, 2000
Office of the Attorney General
Coastal Coordination Council
Comptroller of Public Accounts
Office of the Consumer Credit Commissioner
Texas Education Agency
Request for Applications Concerning Prekindergarten and Kindergarten Grant Program, 2000-2001 school year
Request for Applications Concerning Reading Excellence and Academic Development for Texas (READ for Texas) Local Reading Improvement Grant, 2000-2001
Request for Applications Concerning Reading Excellence and Academic Development for Texas (READ for Texas) Tutorial Assistance Grant, 2000-2001
General Land Office
Texas Department of Health
Notice of Emergency Cease and Desist Order on Johnson Chiropractic Clinic, Inc.
Notice of Emergency Order on R & D Long, Inc.
Notice of Revocation of Certificates of Registration
Notice of Revocation of the Radioactive Material License of Knight Engineering Services Corporation
Texas Health and Human Services Commission
Public Notice
Texas Department of Insurance
Notice
Notice
Notice
Notice of Open Meeting
Notice of Public Hearing
Third Party Administrator Applications
Third Party Administrator Applications
Texas Natural Resource Conservation Commission
Enforcement Orders
Notice of Availability
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Proposed Selection of Remedy
Notice of Public Meeting and Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Permit
Notice of Water Rights Application
Public Notice
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Authority to Increase Fixed Fuel Factors and Implement Interim Surcharge of Fuel Cost Under- Recoveries
Notice of Application for Designation as an Eligible Telecommunications Carrier Under 47 U.S.C. §214(e)
Notice of Application for Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Petition for Expanded Local Calling Service
Notice of Petition for Rulemaking and Request for Comments
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreements
Public Notice of Interconnection Agreements
Public Notice of Interconnection Agreements
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreements
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop on Provisions of PURA Addressing Telecommunications Affiliate Matters and Request for Comments
Texas Council on Purchasing from People with Disabilities
Texas Savings and Loan Department
Texas Department of Transportation
Texas Turnpike Authority Division of the Texas Department of Transportation
Notice of Intent to Issue a Request for Proposal for Turnpike Traffic and Revenue Modeling and Forecasting Services (#86-0rfp5012--Revised)
Texas Water Development Board
Notice of Hearing