Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code. Before the State may settle a judicial enforcement action under the Health and Safety Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas and the State of Texas, acting by and through the Texas Natural Resource Conservation Commission, a Necessary and Indispensable Party v. Terra Services, Inc. and Catahula Clearing, Inc., Case No. 1999-34782, in the 270th District Court of Harris County, Texas.

Nature of Defendant's Operations: Plaintiff's petition alleges that Defendants are engaged in illegal outdoor burning and illegally operating a trench burner. Defendants have allegedly used their trench burners improperly so that their operation was in violation of the law. Among the violations alleged are burning material without a trench burner in use, failing to have an operator remain with the trench burner at all times during its operation, emitting smoke from a trench burner in such concentration and duration as to interfere with the normal use and enjoyment of property and adding material to a trench so that it was stacked five feet above the air curtain.

Proposed Agreed Judgment: The judgment permanently enjoins both Terra Services, Inc. and Catahula Clearing, Inc. from engaging in any prohibited outdoor burning, enjoins TSI from operating a trench burner within Harris County, and prohibits CC from violating the terms of either a permit or a standard exemption if they operate in Harris County. Defendant shall pay $40,000.00 in civil penalties and $16,000.00 in attorney fees. Defendant shall pay court cost in the amount of $200.00.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Terry N. Peterson, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-200001329

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: February 22, 2000

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of February 10, 2000, through February 17, 2000.

FEDERAL AGENCY ACTIONS:

Applicant: BNP Petroleum Corporation; Location: The project is located in the Laguna Madre in State Tracts 131, 132, 142, 143, 144, 145, 145A, 146, 146A, 147, 148, 155, 156, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 192, and 193 in Nueces and Kleberg counties, Texas. CCC Project No.: 00-0050-F1; Description of Proposed Action: The applicant proposes to erect and maintain structures and appurtenances to be used in the drilling of wells for the production of oil and gas. The applicant also proposes to construct moorings and markers to drive test pilings, conduct coring operations to dredge channels, perform maintenance dredging of existing channels and construct pipelines. If fill is required, approximately 4,500 cubic yards of shell or gravel would be necessary to construct a pad approximately 100 feet by 270 feet in size to a height of 4 feet above the bottom profile. If dredging is required, the cubic yardage of sand and/or mud displaced would be dependent on existing water depth and length of the channel. If a channel is required, it would be approximately 60 feet wide and excavated to a depth of -6 feet mean low tide. Type of Application: U.S.A.C.E. permit application #21915 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: Petro-Guard Production, L.L.C.; Location: The project is located in State Tract 210 to an existing production platform in State Tract 216, Espiritu Santo Bay, Calhoun County, Texas. CCC Project No.: 00-0052-F1; Description of Proposed Action: The applicant proposes to install a 6-inch condensate line, a 6-inch gas line, and a 4-inch water line from existing Well #6 in State Tract 210 to an existing production platform in State Tract 216, Espiritu Santo Bay, Calhoun County, Texas. Type of Application: U.S.A.C.E. permit application #11006(12)/060 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: Petro-Guard Production, L.L.C.; Location: The project is located in State Tract 210 to a tie-in point in an existing Phoenix Pipeline in State Tract 210, Espiritu Santo Bay, Calhoun County, Texas. CCC Project No.: 00-0053-F1; Description of Proposed Action: The applicant proposes to install a 6-inch pipeline from existing Well #6 in State Tract 210 to a tie-in point in an existing Phoenix Pipeline in State Tract 210, Espiritu Santo Bay, Calhoun County, Texas. Type of Application: U.S.A.C.E. permit application #11006(12)/061 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-200001353

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: February 23, 2000

East Texas Council of Governments

Request for Proposals to Update the City of Longview Fixed Route Transit Study

The East Texas Council of Governments is soliciting proposals to Update the City of Longview Fixed Route Transit Study originally prepared by McDonald Transit Associates, Inc.

A pre-proposal conference will be conducted on March 15, 2000 at 2:00 p.m. in the ETCOG Conference Room, located at 3800 Stone Rd, Kilgore, TX 75662.

Proposal Due Date is March 30, 2000 at 2:00 p.m. Proposals will be opened at same time. Sealed Proposal must be addressed to: Roxanne Pitts, Transportation Manager, 3800 Stone Rd, Kilgore, Texas 75662.

Persons or organizations wanting to receive a proposal packet should call Roxanne Pitts at 1-903-984-8641 or fax 903-983-1440.

TRD-200001282

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: February 18, 2000

Finance Commission of Texas

Request for Proposals to Perform a Comprehensive Survey and Analysis of Consumer Lending In Texas

Pursuant to the Government Code, Chapter 2254, Subchapter B, the Finance Commission of Texas (finance commission) invites consultants to provide offers of consulting services as described in and subject to the terms of the Request for Proposals (RFP) described in this notice. Interested consultants may obtain a complete copy of the RFP from the web site of the finance commission at http://www.fc.state.tx.us/, from the Electronic State Business Daily at http://www.marketplace.state.tx.us/1380 or by contacting Leslie L. Pettijohn, Consumer Credit Commissioner (commissioner), 2601 North Lamar Boulevard, Austin, Texas 78705-4294, (512) 936-7640, during business hours, or by e-mail to leslie.pettijohn@occc.state.tx.us.

This study is authorized and mandated by Finance Code, §11.305, which requires the finance commission to conduct research on (1) the availability, quality and prices of financial services, including lending and depository services, offered to agricultural businesses, small businesses, and individual consumers in this state; and (2) the practices of business entities in this state that provide financial services to agricultural businesses, small businesses, and individual consumers in this state. Due to the breadth of required research, studies are being conducted in phases. The finance commission is appropriated $100,000 per year to perform and publish the required studies. Phase I, a study of consumer depository and cash services, was performed by Empirical Management Services and completed in December 1998. Phase II, conducted by Analytica, Inc., focused on home equity lending in Texas and a final report was issued in December 1999. Copies of the prior studies are available upon request and are published on the finance commission web site, http://www.fc.state.tx.us.

The selected consultant will perform the third phase of the study, a comprehensive survey and analysis of the availability, quality, and prices of consumer loans and the practices of business entities in the state that provide consumer loans, and the final report is intended to provide results valuable to the Texas Legislature in evaluating public policy questions relating to consumer lending in Texas. Proposers should include in their written proposals the period of time required to conduct the study, but are advised that the Finance Commission expects the study to be completed and ready for distribution by December 15, 2000. This factor will be taken into consideration in the final selection.

Proposals must be received by the commissioner at the above-referenced address no later than 5:00 p.m. on March 20, 2000. Proposals received after this time and date will not be considered. All proposals will be subject to evaluation by the finance commission based on the evaluation criteria set forth in the RFP. The prior consultants are eligible to submit proposals for the Phase III study and any such proposal will be evaluated as described in the RFP, without preferential treatment. A proposer may be asked to clarify its proposal, and qualified proposers may be required to make oral presentations to the finance commission in Austin on April 27 and/or April 28, 2000. Qualified proposers may also be requested to finalize all proposed contract documentation with the commissioner prior to the meeting of April 28, 2000.

The finance commission will select the proposal which best meets the RFP criteria but could reject all proposals. If all other considerations are equal, the finance commission will, pursuant to Government Code, §2254.027, give preference to the proposer whose principal place of business is in the State of Texas or who will manage the consulting contract wholly from an office in the state.

The finance commission reserves the right to accept or reject any or all proposals submitted. The finance commission is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the finance commission to pay for any costs incurred prior to the execution of a contract.

TRD-200001368

Everette D. Jobe

Certifying Official

Finance Commission of Texas

Filed: February 23, 2000

Texas Department of Health

Licensing Action for Radioactive Materials

The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

[graphic]

In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with 25 TAC, Chapter 289 in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in 25 TAC, Chapter 289.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.

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

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

TRD-200001358

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Emergency Cease and Desist Order - Maria Alba Garcia-I, D.D.S.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Maria Alba Garcia-I, D.D.S. (registrant-R23745) of Dallas to cease and desist performing dental intra-oral x-ray procedures with the Weber x-ray unit (Model Number 6R; Serial Number 6R735) until the exposure at skin entrance meets the Texas radiation requirements. 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, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200001363

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Emergency Cease and Desist Order - Showtech Productions

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Showtech Productions (registrant-unregistered) of Grand Prairie to cease and desist operating any source of laser radiation in Texas that is not exempted under 25 Texas Administrative Code, §289.301. The bureau determined that continued operation of open-beam sources of laser radiation without a federal variance and valid certificate of registration constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until Showtech Productions has received a certificate of registration and a federal variance.

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, Monday- Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200001367

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Emergency Impoundment Order - Aero NDE and Threading Corporation

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Aero NDE and Threading Corporation (licensee-L03581) of Snyder to immediately surrender to the bureau for impoundment all sources of radiation possessed by the licensee. The bureau determined that the sources had previously been impounded in-place at unauthorized storage areas and the licensee has continued to possess radioactive material without a valid license. The possession and storage of sources of radiation that may pose a threat to public health and safety and the environment constitute an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau has rescinded the order.

TRD-200001362

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Emergency Impoundment Order - Capitan Corporation

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Capitan Corporation (licensee-L04211, revoked) of Odessa to immediately surrender to the bureau for impoundment all sources of radiation possessed by the licensee. The bureau determined that the licensee had failed to comply with the requirements of the Revocation Order and the Emergency Cease and Desist Order issued by the bureau. Continued possession of unauthorized sources of radiation without a valid license, and failure to comply with the Revocation Order and the Emergency Cease and Desist Order constitute an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau has rescinded the order.

TRD-200001366

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Emergency Impoundment Order - Daniel N. Metzger, D.O.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Daniel N. Metzger, D.O. (registrant-unregistered) of Dallas to immediately permit the bureau to impound all x-ray units. The bureau determined that Daniel N. Metzger, D.O. was using x-ray equipment without a valid certificate of registration. Operation of x-ray equipment without a valid certificate of registration and failure to properly register the x-ray equipment after repeated attempts by the bureau to obtain voluntary compliance constitute an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau has received, reviewed, and approved the actions taken to ensure that all x-ray equipment has been properly registered with the bureau.

TRD-200001365

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Emergency Impoundment Order - R/A Services, Incorporated

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered R/A Services, Incorporated (licensee-L03010 and L03879) of Houston to immediately surrender to the bureau for impoundment all sources of radiation possessed by the licensee at or near its Odessa location. The bureau determined that the licensee had failed to comply with the requirements of the Emergency Cease and Desist and Impoundment Order issued by the bureau. Continued possession of radiation sources may result in a threat to public health and safety, and the existence of an emergency unless they have been removed from the environment and properly disposed of and/or stored. The order will remain in effect until the bureau has rescinded the order.

TRD-200001360

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Emergency Impoundment Order - Tracer Laboratory of Midland, Inc.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Tracer Laboratory of Midland, Inc. (licensee-L03298, revoked) of Midland to immediately surrender to the bureau for impoundment all sources of radiation possessed by the licensee. The bureau determined that the licensee had failed to comply with the requirements of the Revocation Order issued by the bureau and the Agreed Final Judgement for Cause. Continued possession of unauthorized sources of radiation without a valid license, and failure to comply with the Revocation Order and the Agreed Final Judgement for Cause constitute an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau has rescinded the order.

TRD-200001359

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Order - D. R. Smith and Millennium Diagnostic Imaging, LLC

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered D. R. Smith and Millennium Diagnostic Imaging, LLC (registrant-M00521) of Duncanville to notify the bureau of storage locations of all records and/or films related to mammography conducted by the registrant. The registrant is further ordered to maintain control of all mammography records, and to notify all patients of the option of obtaining their mammography records or having the records forwarded to their personal physicians. A bureau investigation determined that the registrant may be storing and maintaining mammography records in storage facilities that may not ensure that the records are not spoiled or available to patients. This constitutes an immediate threat to public health and welfare, and the existence of an emergency.

TRD-200001364

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation

Notice is hereby given that the Bureau of Radiation Control (bureau) issued a notice of violation and proposal to assess an administrative penalty to Welco, Incorporated (licensee- L04787, expired) of Lubbock. A total penalty of $5,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, §289.252.

TRD-200001361

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 23, 2000

Texas Health and Human Services Commission

Notice of Adopted Medicaid Provider Payment Rates

As single state agency for the state Medicaid program, the Health and Human Services Commission adopts new payment rates for the nursing facilities program operated by the Texas Department of Human Services. Payment rates are effective January 1, 2000, as follows:

Figure: Notice of Adopted Medicaid Provider Payment Rates

[graphic]

Supplemental Payments:

Ventilator - Continuous: $73.08

Ventilator - Less than Continuous: $29.23

Pediatric Tracheostomy: $43.85

Methodology and justification . The proposed rates were determined in accordance with the rate setting methodology codified at 1 Texas Administrative Code Chapter 355, subchapter C (relating to Reimbursement Methodology for Nursing Facilities), §355.307 and subsequently adjusted in accordance with 1 Texas Administrative Code Chapter 355, subchapter A (relating to Cost Determination Process), §355.101 and §355.109.

TRD-200001283

Steve Aragón

Agency Liaison

Texas Health and Human Services Commission

Filed: February 18, 2000

Texas Department of Housing and Community Affairs

HOME Investment Partnership Program Notice of Funding Availability

The Texas Department of Housing and Community Affairs (TDHCA), through its HOME Investment Partnerships (HOME) Program, announces the availability of funds for the development and support of decent, safe and affordable rental housing for low, very low, and extremely low-income households. TDHCA intends to make available approximately $1 million in HOME funds for eligible applicants that apply for and receive an allocation of tax credits during the 2000 Low-Income Housing Tax Credit allocation round. These funds will be distributed according to the rules and procedures as set forth in the HOME Investment Partnership Program Policies and Procedures for Rental Project Assistance when Combined with Low-Income Housing Tax Credits. The HOME Program will give priority to multi-family projects in non-participating jurisdictions with populations not exceeding 40,000. The maximum HOME per unit subsidy is the lesser of 30% of total unit cost or $15,000. The Department reserves the right to reduce the subsidy amount after underwriting analysis and review of subsidy layering.

Eligible Activities:

New Construction, Rehabilitation or Acquisition and Rehabilitation of Multifamily rental housing. Types of eligible housing include: Multifamily Apartments, Fourplex(s), Elderly Housing, Single Room Occupancy, Residential Cooperative, Transitional Housing, or other developments eligible under the HOME and Low-Income Housing Tax Credit Programs;

Eligible Applicants:

Nonprofit organizations;

Units of general local government;

For-profit housing development entities; and

Public housing agencies

Requests for HOME Rental Housing Development applications, questions or requests for additional information may be directed to the HOME Program, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, TX 78711-3941, (512) 475-3109, or visit our web-site at www.tdhca.state.tx.us.

Applicants must submit one (1) original HOME Rental Housing Development application (attachments only) and one (1) copy of the Low-Income Housing Tax Credit application (pages 1-15 only). Applicants must submit the applications in a 3-ring binder. There is no charge for submission of the HOME Rental Housing Development application.

HOME Rental Housing Development applications must be received by TDHCA no later than 5:00 p.m., Wednesday, April 26, 2000. Applications received after this time will not be considered for funding. Applications sent by facsimile will not be accepted.

Applications must be mailed to:

Texas Department of Housing and Community Affairs

HOME Investment Partnerships Program

P.O. Box 13941

Austin, Texas 78711-3941

Texas Department of Housing and Community Affairs

Filed: February 22, 2000

Notice of Administrative Hearing (MHD1998000935UI)

Manufactured Housing Division

Wednesday, March 8, 2000, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the Texas Department of Housing and Community Affairs vs. Las Vegas Mobile Home dba GDD, Inc. to hear alleged violations of §4(d)(f) and §7(d) of the Act and §80.51 and §80.125(e) of the Rules regarding installation of a manufactured home without obtaining, maintaining or possessing a valid installer's license and not properly installing the manufactured home. SOAH 332-00-0418. Department MHD1998000935UI.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas, 78711-2489, (512) 475-3589.

TRD-200001357

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 23, 2000

Texas Department of Human Services

Availability of Title XX Social Services Block Grant Funds Actual Expenditure Report

The Texas Department of Human Services has published a report describing the actual expenditures of Title XX Social Service Block Grant funds for fiscal year 1999. Free copies of the report are available to the public.

Contact Person: To obtain a copy of this report, write Bobby Halfmann, Chief Financial Office, Texas Department of Human Services, W-421, P. O. Box 149030, Austin, Texas 78714-9030.

TRD-200001347

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: February 22, 2000

Texas Department of Insurance

Correction of Error

The Texas Department of Insurance adopted an Exempt Filing Notification Pursuant to the Insurance Code Chapter 5, Subchapter L, Article 5.96. The adopted amendment appeared in the February 4, 2000 issue of the Texas Register (25 TexReg 821).

The Texas Department of Insurance inadvertently filed a draft version of the amendment. The correct version is being published in this issue of the Texas Register . Due to the error, the effective date has been changed.

Notice

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by CGU Insurance proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art 5.101, 3(l). They are proposing an amendment to their existing companion policy discount. The current companion policy discount provides a 5% reduction in premiums for all personal auto coverages when the named insured insures his/her home under any homeowner's policy (excluding HO-A, HO-BT, or HO-CT) issued by any of the General Accident companies. The proposed amendment extends the discount to former Commercial Union policyholders.

The wording in the current companion policy discount has been amended to allow the credit to be applied to all companies recognized as CGU Companies rather than General Accident Companies only. The exclusion in the current discount is removed so that the companion policy will apply to named insureds that have any type of homeowners policy issued by a CGU Company. CGU is the result of the merger of General Accident Insurance Companies with Commercial Union Insurance Companies.

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 Program, 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-200001239

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 18, 2000

Notice

On February 15, 2000, in order number 00-0180, the Commissioner of Insurance adopted amendments to the Texas Automobile Insurance Plan Association, Plan of Operation.

For copies of Commissioner's order number 00-0180 and the amendments to the Texas Automobile Insurance Association Plan of Operation, contact Sylvia Gutierrez at (512) 463-6327 (refer to file number A-1099-16).

TRD-200001350

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 23, 2000

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of DAN Services, Inc., a foreign third party administrator. The home office is Durham, North Carolina.

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-200001351

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 23, 2000

Texas Natural Resource Conservation Commission

Notices of Minor Amendment on a Municipal Solid Waste Facility

APPLICATION.

The City of Weatherford, P.O. Box 255, Weatherford, TX 76086-0255, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a minor amendment to Permit No. MSW-47 which would authorize the relocation of the site entrance. This Type I facility is located two miles southwest of the south city limits of Weatherford, and immediately south of Old Brock Road, in Parker County, Texas. The Executive Director of the TNRCC has prepared a draft permit which, if approved, will authorize a minor amendment to this permit under the terms described above.

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

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

TRD-200001294

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 22, 2000

North Central Texas Council of Governments

Notice of Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the October 15, 1999 issue of the Texas Register (24 TexReg 9100). The selected consultant will conduct a Transit Needs Assessment for the City of Arlington, Texas.

The consultant selected for this project is LKC Consulting Services, Inc., 4617 Montrose Blvd., Suite C230, Houston, Texas 77006. The maximum amount of this contract is $100,000. Work on this project began December 8, 1999, and all work will be completed in August 2000.

TRD-200001299

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 22, 2000

Texas Department of Protective and Regulatory Services

Correction of Error

The Texas Department of Protective and Regulatory Services (TDPRS) proposed new 40 TAC §§720.1001-720.1013, concerning the use of behavior interventions in residential child-care settings. The proposed rules appeared in the February 11, 2000, issue of the Texas Register (25 TexReg 1061).

The agency's submission contained an error in §720.1007(a)(1)(C) on page 1065. The subparagraph should read as follows.

(C) At times, caregivers must protect children, particularly young children, from immediate danger-for example, keeping a toddler from running into the street or coming in contact with a hot stove. Such action is not considered an escort or a personal restraint. The child's behavior is being restrained because of the external hazard. The restraint must end immediately after the danger is averted.

Public Utility Commission of Texas

Informational Notice Filings Pursuant to Public Utility Regulatory Act §58.153

GTE Southwest Incorporated and Contel of Texas, Inc. (collectively GTE) filed Informational Notice Filings (Tariff Control Numbers 21921 and 21922 respectively) pursuant to Public Utility Regulatory Act §58.153 on January 5, 2000. The purpose of the filings was to introduce a collocation service for competitive local exchange carriers (CLECs). Notice of the filing was provided to holders of Certificates of Operating Authority (COAs), the Public Utility Commission of Texas (commission), Office of Public Utility Counsel (OPUC), and all parties having interconnection agreements with GTE, on December 28, 1999. Pursuant to a complaint filed by the commission's Office of Regulatory Affairs (ORA) concerning the new optional collocation service, the filing was referred by the commission to the State Office of Administrative Hearings (SOAH) on January 13, 2000. The matter was assigned commission Docket Number 21936 and SOAH Docket Number 473-00-0079. The commission has ordered that the Informational Notice Filing be converted to a Federal Telecommunications Act §251 proceeding to ensure that the collocation tariff establishes a single, non-discriminatory set of rates, terms, and conditions for collocations that comply with the baseline rules mandated by the Federal Communications Commission (FCC) in FCC Docket Number 98-147, First Report and Order and Further Notice of Proposed Rulemaking , released March 31, 1999.

The deadline for intervention is March 10, 2000. Motions to intervene should be mailed or delivered to the Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas 78701, and should reference PUC Docket Number 21936. Further information may be obtained by calling the commission's Public Information Officer at 512-936-7140 or toll-free at 888-782-8477. Hearing and speech impaired individuals with text telephones may contact the commission at 512- 936-7136 or use Relay Texas at 800-735-2989 to reach the commission's toll-free number, 888-782- 8477.

TRD-200001328

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2000

Notice Of Application for Amendment to Service Provider Certificate of Operating Authority

On February 15, 2000, U.S. Dial Tone, 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 60106. Applicant seeks to: (1) reflect the transfer of its assets to U.S. Dial Tone, L.P. and (2) change the name on its certificate to U.S. Dial Tone, L.P.

The Application: Application of U.S. Dial Tone, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22121.

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 March 8, 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 22121.

TRD-200001230

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 17, 2000

Public Notice of Amendment to Interconnection Agreement

On February 14, 2000, Southwestern Bell Telephone Company and ClearWorks.net, 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 22119. 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 22119. 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 March 15, 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 22119.

TRD-200001277

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 2000

Public Notice of Amendment to Interconnection Agreement

On February 15, 2000, Southwestern Bell Telephone Company and Local Telecom Service, L.L.C., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22123. 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 22123. 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 March 15, 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.

TRD-200001278

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 2000

Public Notice of Amendment to Interconnection Agreement

On February 15, 2000, Southwestern Bell Telephone Company and Ciera Network Systems, 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 22125. 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 22125. 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 March 15, 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.

TRD-200001279

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 2000

Public Notice of Workshop Concerning Telecommunications Bill Format

The Public Utility Commission of Texas (commission) will hold a workshop to discuss a rulemaking to implement the Public Utility Regulatory Act (PURA) §55.012, Telecommunications Billing. Project Number 22130, Rulemaking to Implement PURA §55.012, Relating to Telecommunications Bill Format has been established for this proceeding. This project has been separated from Project Number 21423, Amendments to §§26.21 - 26.31 Regarding Telephone Customer Service Standards.

The workshop will be held on Tuesday, March 7, 2000, beginning at 9:00 a.m. in Hearing Room Gee on the seventh floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. A draft of potential rule language will be available on the project web site by close of business Thursday, March 2, 2000. Interested persons are welcome to submit draft rule language at the workshop. A workshop agenda will be available on the project web site on or before March 2, 2000. Copies of the agenda will also be available at the workshop.

Questions concerning Project Number 22130 may be referred to Rick Akin, Office of Policy Development, at (512) 936-7256 or via email: rick.akin@puc.state.tx.us. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200001295

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2000

Southwest Texas State University

Award of Contract

Southwest Texas State University (SWT), in accordance with provisions of Government Code, §2254.030, announces the awarding of a consultant contract to a consulting firm based in Washington, D.C. The solicitation for proposals was published in the December 4, 1999, issue of the Texas Register (24 TexReg 11037).

The consultant will represent and assist the university in developing projects deemed important to the university, assist the university in obtaining funding for university projects, and provide consulting and representation as directed by Southwest Texas State University.

Two proposals were received in response to this solicitation for proposals. The proposals were from Mr. Bobby Mills/The Advocacy Group, 1350 I Street, NW, Suite #680, Washington, D.C. 20005 and The Washington Group, Suite 400, 1401 K. St. NW, Washington, D.C. 20005.

The consultant awarded the contract was: Mr. Bobby Mills/The Advocacy Group, 1350 I Street, NW, Suite #680, Washington, D.C. 20005.

The consultant contract begins January 4 and ends December 31, 2000, with the option to renew. The fee estimate is $52,800, excluding expenses.