TITLE in-addition

Agricultural Resources Protection Authority

Notice of Taking of Public Comment on Pesticide Regulation

In accordance with the Texas Agriculture Code, §76.009(i), and policies adopted by the Agriculture Resources Protection Authority (the Authority), notice is hereby provided that the Authority will take public comment on the status of the state's pesticide regulation efforts at its next regularly scheduled meeting. The meeting will be held on Wednesday, June 14, 2000, beginning at 10:00 a.m. at the offices of the Texas Department of Agriculture located at 1700 North Congress, Room 911, Austin, Texas. For more information, please contact Donnie Dippel at (512) 463-1093.

TRD-200003402

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Agricultural Resources Protection Authority

Filed: May 16, 2000


Office of the Attorney General

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

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code and the Texas Water Code. Before the State may settle a judicial enforcement action under the Water 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, et al. v. Powerhouse Marine International Inc., Case No. 1999-15951, 234th District Court of Harris County, Texas.

Nature of Defendant's Operations: Defendant is a facility that paints and sandblasts oil field related structures and equipment. Defendant is in violation of discharging and emitting air contaminants without a permit and causing adverse affect on human health and/or creating a nuisance. Defendant has also failed to keep records of all hazardous and industrial solid waste activities and has failed to classify the waste.

Proposed Agreed Judgment: The judgment requires Defendant to remedy the violations by complying with injunctive provisions designed to bring the facility into compliance. The Agreed Judgment requires Defendant to pay Thirty Thousand Dollars and no cents ($30,000.00) in civil penalties and Seven Thousand Five Hundred Dollars and no cents ($7,500.00) in attorney fees. Defendant is also required to pay all cost of court.

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 Lisa Sanders Richardson, 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-200003414

Rick Gilpin

Assistant Attorney General

Office of the Attorney General

Filed: May 17, 2000


Coastal Coordination Council

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

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 3, 2000, through May 11, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: Pogo Producing Company; Location: The site is located in the northeast quadrant of State Tract 11 in Sabine Lake, Orange County, Texas. CCC Project No.: 00-0148-F1; Description of Proposed Action: The applicant proposes to install and maintain a shell pad and structures for oil/gas exploration and production. The shell pad will be placed on the lake bottom, which is approximately 8 feet below 0.00 NGVD. The shell pad will be approximately 210 feet long by 64 feet wide by 3 feet deep. The total amount of fill material to be discharged will be approximately 1,493 cubic yards. Type of Application: U.S.A.C.E. permit application #21934 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: The Port of Brownsville; Location: The project site is located on 7400 Foust road, Port of Brownsville, Brownsville, Cameron County, Texas, near Corps of Engineers Station 86+700. CCC Project No.: 00-0149-F1; Description of Proposed Action: The applicant proposes to amend an existing permit by constructing an L-shaped timber dock on the west side of an existing structure on the Brownsville Ship Channel. The addition will be 10 feet wide and extend westward 40 feet and northward 90 feet. Water depth in the dock's vicinity ranges from approximately -5.0 to -17.0 feet MLT. The total area of the project will be 1,300 square feet. Type of Application: U.S.A.C.E. permit application #11055(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Davis Gulf Coast, Incorporated; Location: The project is located in State Tract 885-S, in the Gulf of Mexico, approximately 2,600 feet east from the shoreline of Mustang Island, at a point approximately 8.5 miles south of Port Aransas, Nueces County, Texas. CCC Project No.: 00-0150-F1; Description of Proposed Action: The applicant proposes to erect and maintain a typical posted barge rig or small jack up rig, production platform, and/or caisson type well protector with appurtenant structures and equipment necessary to conduct oil and gas drilling/production operations. No dredging or fill material is required for the proposed activities. Type of Application: U.S.A.C.E. permit application #21914 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Mr. Robert Jenkins; Location: The project is located in Redfish Bay, south of SH 361, east of Aransas Pass, Nueces County, Texas. CCC Project No.: 00-0151-F1; Description of Proposed Action: The applicant proposes to construct a single pier commercial sports marina and four sets of private boat slips, with living quarters above the slips. All structures will be pile-supported and no dredging or fill discharge is required. Type of Application: U.S.A.C.E. permit application #21094 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Coast Guard - MSO Port Arthur Moorings Boat Ramp Repair; CCC Project No.: 00-0152-F2; Description of Proposed Activity: The applicant proposes to return the boat ramp slope to the original condition and to prevent future erosion. Repairs will involve jacking up the deformed portion of the ramp and pumping concrete underneath into the portions that have eroded. Forms will be used to keep the concrete under the ramp. The jacks and forms will be removed once the concrete has cured. To prevent further erosion, rip-rap will be placed on the sides of the ramp around the tidal zone.

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-200003423

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: May 17, 2000


Comptroller of Public Accounts

Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified, independent firms to provide consulting services to the Comptroller. The successful respondent will assist the Comptroller in conducting financial management reviews, including information technology (IT) solutions reviews and electronic infrastructure, of selected local government services of up to four (4) city and four (4) county governments throughout the state. The services sought under this RFP will culminate in final reports, which shall contain findings, recommendations, implementation timelines, plans, best practices, if any, and be a component part of the reviews. The successful respondent will be expected to begin performance of the contract on or about June 26, 2000. This is a reissuance of the RFP, with revisions, originally issued on March 31, 2000, and published in the following Texas Register issue: 25 TexReg 2844.

Contact: Parties interested in submitting a proposal should contact Clay Harris, 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, May 26, 2000, between 2 p.m. and 5 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, May 26, 2000, 2 p.m. (CZT). All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address prior to 2 p.m. (CZT) on Monday, June 12, 2000. Prospective respondents 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 Clay Harris, 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. Non-Mandatory Letters of Intent and Questions received after this time and date will not be considered. The responses to questions and other information pertaining to this procurement will be posted on the Texas Marketplace http://www.marketplace.state.tx.us. Prospective respondents are encouraged to attend a non-mandatory Pre-Proposal Conference on Thursday, June 8, 2000, beginning at 10:00 a.m., at the LBJ State Office Building, 111 E. 17th St., Austin, Texas, 78774, in Room 212B.

Closing Date: Proposals must be received in Deputy General Counsel for Contracts Office at the location specified above (ROOM G24) no later than 2 p.m. (CZT), on Tuesday, June 20, 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 Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - May 26, 2000, 2 p.m. CZT; Non-Mandatory Pre-Proposal Conference - June 8, 2000, at 10:00 a.m.; Non-Mandatory Notice of Intent Form and Questions Due - June 12, 2000, 2 p.m. CZT; Proposals Due - June 20, 2000, 2 p.m. CZT; Contract Execution - June 26, 2000, or as soon thereafter as practical; Commencement of Project Activities - June 26, 2000.

TRD-200003429

Pamela Ponder

Deputy General Counsel, Contracts Section

Comptroller of Public Accounts

Filed: May 17, 2000


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/22/00 - 05/28/00 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/22/00 - 05/28/00 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 06/01/00 - 06/30/00 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 06/01/00 - 06/30/00 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200003399

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 16, 2000


Court Reporters Certification Board

New Certified Shorthand Reporters

Following the examination of applicants on March 31, 2000, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: Sherry Lynn Boehmer-Waxahachie; Mary Elizabeth Bonney-Radium Springs; Stacie Janene Bradshaw-Dallas; Leslie Dawn Brewer-Odessa; Kristi Gayle Cooke-Arlington; Brandy Bailey Cooper-Frisco; Carmen Hernandez-Dallas; Michelle Lynn Hon-Wylie; Mary Elizabeth La Bounty-Plano; Lisa Carol Love-Amarillo; Patricia Rivera Madrid- El Paso; Kathryn Colette Miller- Ft. Worth; Evangelina Morales-El Paso; Kirk Wayne Moss-Ft. Worth; Valerie Sladecek Murray-League City; Deborah Kay Navarette- Houston; Gay R Richey- Irving; Luz Melanie Rosario- Arlington; Alison Leann Stodder- Houston; Claudia Webb- McKinney; Stephanie Webb- Needville; Diane Williams- El Paso; Darlene Ann Zuehl- San Antonio; Linda Marie Osborne- Las Vegas, NV; Claudia Fahrenthold- Albuquerque, NM; Trashuna Roshae Salaam- Grand Prairie; Nancy Paralee Ripple- Midwest City, OK; Stephanie Ann Wimmer- Muenster

TRD-200003353

Sheryl Jones

Director of Administration

Court Reporters Certification Board

Filed: May 15, 2000


Credit Union Department

Application(s) to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application for a name change was received for AT&T Employees Credit Union, Dallas, Texas. The proposed new name is Texas Telcom Credit Union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200003426

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 17, 2000


Application(s) to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from North East Texas Credit Union, Lone Star, Texas to expand its field of membership. The proposal would permit persons who reside, work or attend school within a 10-mile radius of any North East Texas Credit Union office to be eligible for membership in the credit union.

An application was received from GPS Credit Union, Galena Park, Texas to expand its field of membership. The proposal would permit persons who work or reside in the Sheldon Independent School District, excluding persons eligible for membership in any occupation or association based credit union with less than 20,000 members as of the date of this amendment (April 18, 2000) having an office within this area to be eligible for membership in the credit union.

An application was received from Austin Metropolitan Financial Credit Union, Austin, Texas to expand its field of membership. The proposal would permit persons who live or work within a 10-mile radius of any Austin Metropolitan Financial Credit Union branch location, excluding persons eligible for primary membership in any occupation or association based credit union with a full service office in the specified geographic area and having a total membership of less than 20,000 on May 1, 2000 to be eligible for membership in the credit union.

An application was received from San Antonio Teachers Credit Union, San Antonio, Texas to expand its field of membership. The proposal would permit students (Grades 6-8) who attend institutions of education in Bexar County to be eligible for membership in the credit union.

An application was received from Community Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who work or reside within a 5-mile radius of the following CCU branch locations: 3040 N. Josey Lane, Carrollton, TX 75007 and 2150 S. Hwy. 121, Lewisville, TX 75067 to be eligible for membership in the credit union.

An application was received from Community Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who work or reside within Dallas County excluding persons primarily eligible for membership in any occupation or association based credit union with less than 20,000 members as of the date of this amendment (March 14, 2000) having an office within this area to be eligible for membership in the credit union.

An application was received from Community Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who work or reside within Grayson County excluding persons primarily eligible for membership in any occupation or association based credit union with less than 20,000 members as of the date of this amendment (March 14, 2000) having an office within this area to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit employees and retirees of Dow Chemical Company USA, its operating subsidiaries and its joint ventures (in which Dow Chemical Company owns at least 50% interest), including employees and retirees of companies acquired by or merged into those entities that operate in the State of Texas to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200003425

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 17, 2000


Notice of Final Action Taken

In accordance with the provisions of 7 TAC Section 91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership

Southwest Resource Credit Union, Baytown, Texas - See Texas Register issue dated February 25, 2000.

Texans Credit Union, Richardson, Texas - See Texas Register issue dated February 25, 2000.

Texans Credit Union, Richardson, Texas - See Texas Register issue dated February 25, 2000.

Texans Credit Union, Richardson, Texas - See Texas Register issue dated February 25, 2000.

Aldine Teachers Credit Union, Houston, Texas - See Texas Register issued dated February 25, 2000.

Educational Employees Credit Union, Fort Worth, Texas - See Texas Register issue dated February 25, 2000.

VATAT Credit Union, Austin, Texas - See Texas Register issue dated February 25, 2000.

Galveston Government Employees Credit Union, Galveston, Texas - See Texas Register issue dated January 28, 2000.

TRD-200003424

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 17, 2000


Texas Council for Developmental Disabilities

Intent to Award Funds

The Texas Council for Developmental Disabilities announces its intention to award grant funds to the Texas Health and Human Services Commission to continue activities initiated by the Office of Community Transportation Services to develop Local Transportation Coordination Models.

Background: The Health and Human Services Commission (HHSC), Office of Community Transportation Services (OCTS) submitted a proposal in response to a Request for Proposals for coordination of community transportation posted in the Texas Register in June 1995. That RFP invited proposals for a grant project that would coordinate and support the development of at least four local transportation coordination models in the state and the development of a statewide consolidated planning process for public and client transportation funding and service delivery. OCTS has been successful in their efforts to create and maintain local coordinated transportation models to demonstrate consolidated planning and funding processes for public and client transportation.

Description of Project: The Texas Council for Developmental Disabilities intends to award funds to the Health and Human Services Commission for the Office of Community Transportation to continue its efforts to develop local transportation coordination models.

Terms and Funds: Funding for this grant will be made available in three one-year grant periods beginning June 1, 2000. The final grant-year will end May 31, 2003. Estimated funding will not exceed $260,000 per year for the three-year duration. The initial funding period will begin June 1, 2000 through May 31, 2001. Continuation funding for years two and three will be contingent upon satisfactory annual review of performance and submission of approved continuation funding work plans. The Texas Council for Developmental Disabilities reserves the right to discontinue funding if grant performance criteria are not met or funds are not available due to changes in grants funding priorities.

For information regarding this announcement, please contact Carl Risinger, Grants Management Director, Texas Council for Developmental Disabilities, (512) 424-4084.

TRD-200003408

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: May 16, 2000


Texas Forest Service

Request for Proposal for an Information Resources Consultant Contract for: ERP Strategic Planning and Independent Project Management Service.

TEXAS FOREST SERVICE, A Member of the Texas A&M University System

The Texas Forest Service is seeking an IR Consultant to coordinate the design and implementation of information management systems that provide useful, accurate and up-to-date agency-related information to all Texans, using the most efficient, cost-effective, versatile, and user-friendly methods available.

The Texas Forest Service (TFS) is issuing a Request for Proposal (RFP) with the intent of acquiring information resource consulting services to assist in the following; preliminary planning, needs assessment and requirements definition for administrative systems and for systems that support TFS programs, development of an RFP for an enterprise resource planning (ERP) system, which will include requirements for TFS programs functionality and associated implementation services, software/implementation services evaluation and selection, contract negotiations, and independent project management for the project's duration.

ELIGIBLE VENDOR: Because the selected vendor for this project will be actively involved in the evaluation and selection process for the ERP system, it is critical that the vendor be independent and objective in fact and in appearance. Therefore, vendors are not eligible to propose on this engagement if: they are in the business of selling and/or implementing ERP software; or they are implementation partners or have alliances with ERP software vendors.

Additionally, the vendor engaged to perform the services solicited in this RFP will not be eligible to participate in future procurement opportunities associated with the ERP system project.

VENDOR QUALIFICATIONS: This RFP is for the purchase/lease of an automated information system type product/service. For a vendor to receive an award from this offer, they must be on the General Services Commission (GSC) Centralized Master Bidders List (CMBL) and an approved Qualified Information Systems Vendor (QISV). If your company is not currently an approved QISV, you may download the CMBL and QISV applications at the following address so that you may be eligible for future catalogue opportunities: (http://www.gsc.state.tx.us/hubbid/bidsrvs.html).

EVALUATION AND SELECTION: The Texas Forest Service intends to evaluate proposals and award to the proposer offering the best proposal based on the following criteria: 40% - Qualifications; 30% - References; 30% - Price.

DEADLINE: Request for Proposals are due back to the Texas Forest Service Purchasing Office by June 26, 2000. Announcement of the selected vendor will be made within twenty days after award.

CONTRACT PERIOD: Contract period will be from time of award through August 31, 2001, with optional annual renewals.

CONTACT PERSON: To obtain a complete RFP Package and any additional RFP information please contact the following office and reference RFP-0-001 .

Jimmy Stephens, Purchasing Manager, Texas Forest Service, Purchasing Office Phone: 979-458-3300; Fax: 979-458-3304; Email: jcs@tfs.tamu.edu

TRD-200003420

James B. Hull

Director and State Forester

Texas Forest Service

Filed: May 17, 2000


General Services Commission

Guideline Memo

To: Qualified Information Systems Vendors

From: Jamie Spiegel - Program Director

Original Date: July 1, 2000

Re: Guideline Statement #Q0001; Catalogue Purchasing Program; Eligible Products and Services allowed within QISV program catalogues

This guideline will be used to determine if a particular automated information system product or service is acceptable for inclusion in a QISV's catalogue. The guideline indicates by description and class-item number what is allowed, and give directions on how to petition the General Services Commission (GSC) for a particular type of item or service to be added to the list, if it is not currently accepted.

The following guideline has been adopted by the GSC QISV Catalogue Purchasing Program. Please make note of the guideline number and retain this information for future reference. If you have any questions concerning this guideline, please e-mail the QISV Catalogue Purchasing group at gsc-qisv@gsc.state.tx.us.

Guideline Statement #Q0001

Description of Guideline: Eligible products and services allowed within QISV program catalogues

Statement: This guideline will be used to determine if an item or service is eligible for inclusion in a QISV's catalogue for purchase or lease by qualified entities as stated in Texas Administrative Code 113.19.

Procedure for identifying acceptable/non-acceptable products or services:

Automation Products or Services: If any of the following statements were determined to be true, then the product/service is considered to be a QISV item.

1. The item is a CPU, monitor, mouse, printer, scanner, software package, or alphanumeric.

2. The item is a required element for the basic functioning of one of the items listed in #1 (cables, boards/cards, routers, etc.).

3. The item is used for storage or retrieval of computer data (this does not include blank media - i.e. blank floppy disks, blank CD-ROMS, blank data tapes, etc.).

4. This is a service for the installation, maintenance or upgrade of any of the components listed in #1-3.

5. This is a consulting service for the installation, design or upgrade of any items/services listed in #1-3.

6. This a service in which a vendor uses a computer or network components in order to store, transmit or convert data on behalf of a qualified entity (teleprocessing via proprietary databases, etc.).

7. This is an integrated system including non-AIS components, driven by a computer, in which the computer and equipment (items/services meeting #1-5 above) are greater than 50% of the cost of the entire system.

8. The item is a service involving an Internet subscription directly related to automation defined in #1 above (i.e. a website that provides information or purchasing transactions for a fee, for a specific period of time).

Telecommunications Products or Services: If any of the following statements were determined to be true, then the product/service is considered to be a QISV item.

1. The component is used in the transmission of data across a telecommunications network (hub, router, and multiplexor).

2. This is a hardware or software component, or a service used in the transmission of voice data (including telephones, telephone systems, pagers, cell phones, pager service or cell phone service).

3. This is a service used in the transmission of voice data (local/long distance service, cell phone service, pager service or cell phone service)

4. This is a required element for the basic functioning of a telecommunications network or network component.

5. This is a required element for the basic functioning of a telephone, telephone system, pager, or cell phone.

6. This is a service for the installation, maintenance or upgrade for any telecommunications hardware items.

7. This is a consulting service for the installation, design or upgrade of any telecommunications item.

8. This is an integrated system including non-AIS components, in which the telecommunications devices/services (meeting #1-7 above) are greater than 50% of the cost of the entire system

Example of items/services that are acceptable for QISV catalogues (this list is not all inclusive): Computers, printers, cellular telephone service, software products/development, scanners, pager service, Mouse/joysticks/keyboards, modems, internet-based training, peripheral cables, digital cameras, retrieval systems (jukebox, etc.), modems, boards/cards, and teleprocessing of databases.

Example of items/services that are not acceptable within QISV catalogues (this list is not all inclusive): Mouse pads, fax/printer paper, televisions, computer furniture/workstation, labels, VCRs, keyboard drawers, blank CD-ROMs, diskettes, audio equipment, network equipment/cable racks, mobile radios and equipment, tools/cleaning kits, wrist rests, cable ties, and glare screens.

Procedure for identifying acceptable/non-acceptable products or services: Petitions to include certain technology items or services in the QISV program may be filed with the General Services Commission. The petition form can be download at www.gsc.state.tx.us/stpurch/petition.html, requested by email at gsc-qisv@gsc.state.tx.us, or by phone at 512-463-8889.

Petitions will only be accepted from state agencies or cooperative purchasing program members. If a vendor wishes to have a product or service included on the list, they must have a sponsoring agency/entity submit the petition stating that they will be purchasing the item/service through the QISV program if it is deemed acceptable.

TRD-200003412

Ann Dillon

General Counsel

General Services Commission

Filed: May 16, 2000


Petition to Add Products and/or Services to the QISV Eligible Items List

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TRD-200003413

Ann Dillon

General Counsel

General Services Commission

Filed: May 16, 2000


Request for Comments on Guidelines for Automated Information Systems

During the 76th Texas Legislative Session, the Legislature enacted Senate Bill 1127, relating to the purchase of goods and services by the state. Among others requirements of the legislation, there is a reference to the Department of Information Resources ("DIR") and the General Services Commission ("GSC") to establish guidelines on what constitutes "automated information systems". This provision of the bill provides the statutory definition of "automated information systems" to read as follows in Texas Government Code, §2157.001(1). Language amended by S.B. 1127 is shown in bold.

§2157.001. Definitions.

In this chapter:

(1) "Automated information system" includes:

(A) the computers and computer devices on which an information system is automated, including computers and computer devices that the commission identifies in guidelines developed by the commission in consultation with the Department of Information Resources and in accordance with Chapter 2054 and rules adopted under that chapter;

(B) a service related to the automation of the system, including computer software, or the computers;

(C) a telecommunications apparatus or devise that serves as a component of a voice, data, or video communications network for transmitting, switching, routing, multiplexing, modulating, amplifying, or receiving signals on the network; and

(D) for the General Services Commission, as telecommunications provider for the State, the term includes any service provided by a telecommunications provider, as that term is defined in the Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes).

In creating these guidelines, the guidelines become a part of the GSC Procurement Manual. The manual is the step-by-step process state agencies are required to follow in making purchases. The guidelines incorporate some standard Qualified Information System Vendor ("QISV") purchasing procedures and elements from the Texas Information Resources Management Act, in particular, the Biennial Operating Plan ("BOP"). The guidelines provide key criteria for state agencies on what is an automated information system in order to add or remove items on a list. State agencies can petition the GSC on such products or services. If the products or services are defined as automated information systems, then they come under the QISV program governed by Government Code, Chapter 2157.

One of the reasons relating to the requirement to develop guidelines rests with the decision of Attorney General Opinion DM-496 (1998). The opinion dealt with a statutory conflict between Texas Council On Purchasing from People with Disabilities ("Council") mandatory purchasing program under Chapter 122, Human Resources Code and chapter 2157 of the Government Code whose procedures govern the purchase of automated information systems by state agencies. The Council decided to place computers provided by a community rehabilitation program on mandatory set aside for purchase by state agencies in accordance with its authority under Chapter 122. Since computers are "automated information systems" under Chapter 2157, the GSC needed guidance on what law to follow given it is required to follow both statutes.

On December 21, 1998, the Attorney General answered the question as follows:

Human Resources Code, Chapter 122 and Government Code, Chapter 2157 conflict with respect to state agency purchases of automated information systems. Chapter 2157, the more specific provision, prevails to the extent of conflict. The General Services Commission or other state agency is precluded form purchasing an automated information system except in compliance with Chapter 2157.

The opinion helped to clarify what law controls when the products or services involved are defined as "automated information systems." However, the opinion did not address what is or is not an "automated information system". These guidelines do address this issue.

These guidelines are not administrative rules. The GSC welcomes comments and suggestions on the proposed guidelines and petition published in this issue of the Texas Register to streamline the proposed process. Please submit your comments to:

Jamie L. Spiegel, Programs Director, General Services Commission Cooperative Services & Catalogue Purchasing Programs, Central Procurement Services, 1711 San Jacinto Blvd., P.O. Box 13047, Austin, Texas 78711-3047.

Phone: 512/463-6367

Fax: 512/463-3503

Email: jamie.spiegel@gsc.state.tx.us

The effective date to implement the guidelines is July 7, 2000. Comments shall be accepted no later than June 26, 2000.

TRD-200003411

Ann Dillon

General Counsel

General Services Commission

Filed: May 16, 2000


Texas Department of Health

Correction of Error

The Texas Department of Health proposed new 25 TAC, §289.232 concerning Radiation Control. The rule was published in the April 21, 2000, issue of the Texas Register (25 TexReg 3366).

On page 3379, column 2, §289.232(i)(6)(J)(i)(III), the third sentence should state "...shall be accurate to within ±10% of the indicated setting(s)." instead of "...shall be accurate to within ¤ 10% of the indicated setting(s)." (Agency error)

On page 3385, column 1, §289.232(k)(1)(V), this subparagraph was published as a subclause instead of as a subparagraph. (Agency error)

TRD-200003476


Correction of Error

The Texas Department of Health adopted final rules for 25 TAC Chapter 157, Emergency Medical Care. The rules were published in the April 28, 2000, issue of the Texas Register (25 TexReg 3749).

On page 3769, column 2, §157.16(e)(4) should state "having a history of criminal activity or disciplinary action while licensed, certified, or permitted as an EMS provider in another state;" instead of "EMS provider in another state;" (Agency Program Error). The language was proposed in the in the October 29, 1999, issue of the Texas Register (24 TexReg 9550).

On page 3811 (Tables and Graphics Section of the Texas Register ), §157.125(s), graphics, in A2b, the second and third sentences should state, "There shall be a defined job description and organizational chart delineating the Trauma Nurse Coordinator's/Trauma Program Manager's role and responsibilities. This should be a full-time position in "lead" trauma facilities." instead of "There shall be a defined job description and organizational chart delineating the Trauma Nurse Coordinator's role and responsibilities. This should be a full-time position in Alead@ trauma facilities."

On page 3827 and 3828, §157.125(t), graphics, in "3. Nursing Services, a." should state "An identified Trauma Nurse Coordinator/Trauma Program Manager, who is a registered nurse, with overall management responsibility for the trauma program. There should be a defined job description and organizational chart delineating the Trauma Nurse Coordinator's/Trauma Program Manager's role and responsibilities. The functions of trauma coordination may be delegated to other positions within the organization." instead of "An identified Trauma Nurse Coordinator/Trauma Program Manager, who is a registered nurse, with overall management responsibility for the trauma program . There should be a defined job description and organizational chart delineating the Trauma Nurse Coordinator's role and responsibilities. The functions of trauma coordination may be delegated to other positions within the organization."

TRD-200003477


Designation of Federal Correctional Complex/UTMB Managed Care as a Site Serving Medically Underserved Populations

The Texas Department of Health (department) is required under the Occupations Code §157.052 to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: Federal Correctional Complex/UTMB Managed Care, located at 4550 Herbert Road, Beaumont, Texas, 77720. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, Telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200003415

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 17, 2000


Licensing Action for Radioactive Materials

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

[graphic]

[graphic]

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

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is a resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. For information call (512) 834-6688.

TRD-200003374

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 15, 2000


Notice of Request for Proposals for Independent Consultant to Perform a Study of the Provision of Basic Health Care Services by Texas Counties, Hospital Districts, and Public Hospitals, and the Cost of Providing Those Services

Pursuant to Chapter 2254, Subchapter A, Texas Government Code, the Texas Department of Health (department) announces the issuance of its Request For Proposals (RFP) from qualified independent consultants to study the provision of basic health care services by counties, hospital districts, and public hospitals under Chapter 61, Health and Safety Code, and the cost of providing those services. The RFP will be released on or about May 26, 2000.

Purpose

The department seeks to procure the services of a qualified independent consultant to complete three studies relating to basic health care services for non-Medicaid indigent residents of the state's 254 counties. The first study will include the provision of basic health care services under Chapter 61, Health and Safety Code, and the cost of providing those services by the 138 counties with County Indigent programs, approximately 135 hospital districts and 33 public hospitals.

The second study will include the threshold for eligibility for state assistance to a county established under §61.037, Health and Safety Code. The study will need to include a threshold to replace that threshold that is stated as a formula and that reflects a county's fiscal capacity, health care resources, and the relevant characteristics of the county's residents, including the percentage of the county's residents living below the federal poverty level.

The third will be a study of the financing of basic health care services by counties, hospital districts, and public hospitals under Chapter 61, Health and Safety Code. Financing will include the use of local, state and federal funds and the funds distributed to political subdivisions under the Agreement Regarding Disposition of Settlement Proceeds filed on July 24, 1998, in the United States District Court, Eastern District of Texas, in the case styled, " The state of Texas vs. The American Tobacco Company, et al., No. 5-96CV-91".

The consultant will work with the department project team, oversight committee(s) and work group(s), as necessary, and produce the required products.

The department initiates this RFP to facilitate in the most cost effective manner possible, the development of strategies and associated work plans to contract for independent consulting services for the Texas Medicaid program. The study is required for submitting a report to the governor, lieutenant governor, and speaker of the house of representatives.

Brief Description of Services

The County Indigent Health Care Program (CIHCP) was mandated by state legislation in 1985 and was implemented September 1, 1986. The Texas Department of Human Services was legally mandated to establish minimal rules for CIHCP. On September 1, 1993, CIHCP was transferred to the department. Section 61 of the Health and Safety Code mandates that department must establish CIHCP rules based on the Temporary Assistance to Needy Families (TANF) program. House Bill 1398, passed in 1999, made the first major changes to the program.

Proposers are invited to submit proposals in accordance with the requirements outlined in this document. The consultant will also be required to address all project requirements in this RFP. The consultant must provide progress reports and preliminary reports prior to submission of any final reports. The successful proposer will be required to complete the different projects and submit final reports to the department no later than the dates specified for each particular task and/or phase, and may be required to participate in discussions before representatives of the Texas Legislature and/or the Texas Health and Human Services Commission officials during the contract period.

Eligible Applicants

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

Prospective Proposer's Conference

A proposer's conference is scheduled for Monday, June 5, 2000, at 10:00 a.m., in Austin Texas in the Second Floor Palo Duro Canyon Conference Room at the department's office located at 12555 Riata Vista Circle, Building III. Attendees are requested to allow enough time for entry through Building II, Riata Security. For maps and directions, please reference the following web site: http://www.tdh.state.tx.us/visitor.htm#hcf.

Closing Date

Each potential proposer is required to submit a non-binding Letter of Intent To Propose (Letter of Intent), which must be received in the issuing office no later than 4:00 p.m., June 12, 2000. The Letter of Intent must state that the proposer is considering submitting a proposal. Only the proposals of those proposers who submit a Letter of Intent will be considered. The Letter of Intent must identify the entity that may submit a proposal in response to the RFP, and must be signed by an official of that entity. Proposals must be submitted by the following date and time: June 30, 2000, 4:00 p.m. Late proposals will not be considered.

For a Copy of the RFP

Potential proposers may obtain a copy of the RFP on or about May 26, 2000. Requests for the RFP must be submitted in writing to: Rodger Love, Mail Code Y-927, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; Fax: (512) 794-5148. A copy of the RFP will also be available to download at the following web site: http://www.tdh.state.tx.us/hcf/rfp/phs-rfp.htm.

Contact Person

Questions regarding this RFP must be directed to: Rodger Love, Mail Code Y-927, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; Telephone: (512) 338-6505, Fax: (512) 794-5148.

TRD-200003375

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 15, 2000


Texas Department of Housing and Community Affairs

Notice of 2000 Texas Community Development Program Grant Awards

The Texas Department of Housing and Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2000 program year Community Development Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 2306, §2306.096.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Texas Department of Housing and Community Affairs.

Abernathy--$250,000, Albany--$217,600, Alice--$295,000, Alto--$250,000, Amherst--$202,000, Anderson County--$250,000, Anna--$250000, Anthony--$297,204, Aransas Pass--$300,000, Asherton--$140,000, Bangs--$250,000, Bardwell--$249,993, Big Spring--$350,000, Blossom $250,000, Bogata--$235,000, Boyd--$250,000, Brewster County--$297,000, Bronte--$174,999, Brookshire--$350,000, Buffalo--$217,700, Burkburnett--$150,000, Camp Wood--$105,804, Campbell--$250,000, Celina--$151,048, Centerville--$250,000, Christine--$250,000, Clarendon--$248,034, Claude--$250,000, Colorado City--$250,000, Colorado County--$350,000, Comanche--$250,000, Commerce--$250,000, Cotulla--$237,830, Covington--$250,000, Crane--$350,000, Crowell--$150,000, Culberson County--$298,200, Del Rio--$472,041, Dell City--$297,204, Denver City--$250,000, Deport--$250,000, Devine--$250,000, Diboll--$250,000, Dickinson--$218,000, Dodd City $250,000 Eagle Pass--$800,000, East Tawakoni--$250,000, Ector County--$350,000, El Paso County--$295,000, Fayetteville--$226,732, Flatonia--$250,000, Ganado--$250,000, Garrison--$250,000, Gladewater--$202,268, Glen Rose--$250,000, Glenn Heights--$250,000, Goldthwaite--$250,000, Gonzales--$250,000, Granite Shoals--$250,000, Gregory--$300,000, Hale Center--$250,000, Harker Heights--$250,000, Hays County--$250,000, Hearne--$241,233, Hedley--$247,695, Henderson County--$250,000, Henrietta--$150,000, Hico--$250,000, Hitchcock--$350,000, Hondo--$250,000, Hooks--$250,000, Houston County--$250,000, Huxley--$250,000, Irion County--$174,999, Jacksonville--$250,000, Jefferson--$250,000, Jefferson County--$245,995, Joaquin--$250,000, Johnson City--$250,000, Jourdanton--$250,000, Kermit--$350,000, Kingsville--$300,000, Kinney County--$113,611, Kleberg County--$300,000, La Grulla--$662,343, Laguna Vista--$315,240, Lamar County--$152,229, Lamesa--$210,000, League City--$99,982, Leakey--$105,804, Liberty County--$350,000, Llano County--$250,000, Lockney--$250,000, Los Indios--$315,240, Lufkin--$250,000, Luling--$250,000, Lyford--$315,240, Lytle--$250,000, Magnolia--$350,000, Malakoff--$218,000, Marble Falls--$250,000, Marion--$250,000, Mathis--$300,000, Medina County--$250,000, Melvin--$149,999, Mexia--$250,000, Moody--$250,000, Moulton--$250,000, Muleshoe--$246,935, Nacogdoches--$250,000, Navasota--$250,000, New Boston--$247,500, Newark--$250,000, Newcastle--$150,000, Nixon--$250,000, Nocona--$150,000, Nolanville--$250,000, Nome--$250,000, Nordheim--$250,000, Normangee--$250,000, O'Donnell--$250,000, Odem--$300,000, Oglesby--$250,000, Orange County--$250,000, Ore City--$250,000, Paducah--$150,000, Palmer--$250,000, Pilot Point--$250,000, Port Isabel--$315,240, Poteet--$250,000, Presidio--$594,408, Quanah--$95,834, Raymondville--$315,240, Red Oak--$250,000, Redwater--$209,400, Reklaw--$250,000, Rhome--$250,000, Richland Springs--$168,455, Rio Grande City--$662,343, Rio Hondo--$315,240, Rio Vista--$249,800, Robert Lee--$174,999, Roby--$250,000, Roma--$662,343, Roscoe $250,000, Rose City--$198,540, Rosebud--$248,250, Rule--$250,000, Sabine County--$250,000, Santa Anna--$250,000, Santa Rosa--$315,240, Sealy--$350,000, Shelby County--$250,000, Smith County--$250,000, Smithville--$250,000, Spearman--$250,000, Spofford--$119,742, Springlake--$120,856, Springtown--$250,000, Stanton--$350,000, Sterling City--$149,990, Stratford--$249,525, Strawn--$250,000, Taft--$242,235, Talco--$225,900, Terrell--$250,000, Three Rivers--$300,000, Tom Bean--$146,036, Trinidad--$250,000, Tyler County--$250,000, Uvalde County--$304,722, Val Verde County--$437,300, Vega--$250,000, Vernon--$150,000, Vidor--$249,890, Walker County--$350,000, Walnut Springs--$250,000, Waxahachie--$250,000, Webb County--$662,343, West Orange--$250,000, Whitesboro--$250,000, Whitewright--$250,000, Willacy County--$315,240, Willis--$350,000, Wood County--$250,000, Yorktown--$218,874.

TRD-200003310

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 10, 2000


Notice of 2000 Texas Community Development Program Grant Awards

The Texas Department of Housing and Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2000 program year Planning and Capacity Building Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 2306, §2306.096.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Texas Department of Housing and Community Affairs.

Anna--$23,800, Bandera--$12,650, Commerce--$32,300, Driscoll--$23,800, Fairfield--$30,400, Haskell--$12,600, Holiday Lakes--$29,350, Howe--$36,400, Idalou--$42,400, Joaquin--$22,545, Jonestown--$23,800, Josephine--$23,800, La Vernia--$17,800, Little Elm--$29,050, Los Indios--$32,750, Lyford--$30,900, Morgan--$17,800, New Deal--$25,300, O'Donnell--$31,050, Oak Ridge--$19,200, Palmer--$36,400, Ponder--$17,800, Ranger--$20,300, Roaring Springs--$19,200, San Saba--$36,200, Thrall--$25,300, Weimar--$38,400, Wilson--$25,300, Woodsboro--$29,250

TRD-200003311

Daisy Stiner

Executive Director

Texas Department of Housing and Community Service

Filed: May 10, 2000


Notice of 2000 Texas Community Development Program Grant Awards

The Texas Department of Housing and Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2000 program year Housing Rehabilitation Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 2306, §2306.096.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Texas Department of Housing and Community Affairs.

Browndell--$250,000, Crane County--$250,000, Lampasas County--$250,000, Mills County--$250,000, Rains County--$250,000

If you have any questions or need additional information, please contact Jeff Vistein at (512) 475-3855.

TRD-200003312

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 10, 2000


Texas Department of Insurance

Insurer Services

The following application has been filed with the Texas Department of Insurance and is under consideration:

Application to change the name of BRADFORD NATIONAL LIFE INSURANCE COMPANY to ULLICO LIFE INSURANCE COMPANY, a domestic life company. The home office is in Austin, Texas.

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-200003419

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 17, 2000


Notice of Public Hearing

The Commissioner of Insurance, at a public hearing under Docket Number 2448 on June 28, 2000 at 10:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendments to the Homeowners and Dwelling Sections of the Texas Personal Lines Manual (Manual) relating to Homeowners and Dwelling policies. Staff's petition (Reference Number P-0500-12-I), was filed on May 17, 2000.

Staff proposes adoption of amendments to the Manual rules, which would provide a second category for an optional credit on Homeowners and Dwelling policies for stovetop fire suppression devices. The proposed amendments: (1) make Category 1 devices eligible for the current stovetop fire suppression credits; (2) provide the amount of credits for Category 2 devices; and (3) require that the suppression device or devices have been approved by the State Fire Marshal in accordance with 28 TAC §§34.1001 - 34.1004.

Amendments to §34.1004 are being proposed concurrently with this amendment concerning stovetop fire suppression device approval and are published in a separate rule in this issue of the Texas Register . The amendments to §34.1004 are necessary to set forth the criteria that will allow insurers to offer a second category of credits for a correctly installed residential stovetop fire suppression device and to add requirements for all categories of devices.

A copy of the petition, including exhibits with the full text of the proposed amendments 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 Angie Arizpe at (512) 463-6326; refer to (Reference Number P-0500-12-I).

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 the comments is to be submitted to Marilyn Hamilton, Deputy Commissioner, Personal and Commercial Lines Division, Texas Department of Insurance, P.O. Box 149104, MC 104-PC, 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-200003427

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 17, 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 Rewards Plus of America Insurance Agency, Inc., a foreign third party administrator. The home office is Baltimore, Maryland.

Application for admission to Texas of Insurance Answer Center, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

Application for incorporation in Texas of webTPA.com Employer Services, L.L.C., a domestic third party administrator. The home office is Grand Prairie, 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-200003407

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 16, 2000


Texas Lottery Commission

Instant Game Number 185--"9's in a Line"

1.0 Name and Style of Game.

A. The name of Instant Game Number 185 is "9'S IN A LINE". The play style of the game is a "row/column/diagonal" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 185 shall be $1.00 per ticket.

1.2 Definitions in Instant Game Number 185.

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

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

C. Play Symbol--One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00, $199, $900.

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

Table 1 of this section

Figure 1:16 TAC GAME NO. 185 - 1.2D

figure

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

Table 2 of this section.

Figure 2:16 TAC GAME NO. 185 - 1.2E

figure

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

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

G. Low-Tier Prize--A prize of $1.00, $2.00, $3.00, $9.00, or $19.00

H. Mid-Tier Prize--A prize of $49.00, $99.00 or $199.

I. High-Tier Prize--A prize of $900.

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (185), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 185-0000001-000.

L. Pack--A pack of "9'S IN A LINE" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one. Tickets 000 - 004 will be on the top page and tickets 005 - 009 will be on the next page and so forth with tickets 245 - 249 on the last page.

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

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "9'S IN A LINE" Instant Game Number 185 ticket.

2.0 Determination of Prize Winners.

The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "9'S IN A LINE" Instant Game is determined once the latex on the ticket is scratched off to expose ten play symbols. If the player finds three 9's in any one row, column or diagonal, the player wins the prize that is shown in the prize box. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 10 Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 10 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 10 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. A ticket will not contain three or more of a kind of a symbol other than the 9 symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "9'S IN A LINE" Instant Game prize of $1.00, $2.00, $3.00, $9.00, $19.00, $49.00, $99.00 or $199 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $49.00, $99.00 or $199 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "9'S IN A LINE" Instant Game prize the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "9'S IN A LINE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas, 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

2.4 Allowance for Delay of Payment.

The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

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

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

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

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

2.5 Payment of Prizes to Persons Under 18.

If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "9'S IN A LINE" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "9'S IN A LINE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes.

Table 3 of this section

Figure 3:16 TAC GAME NO. 185- 4.0

figure

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

5.0 End of the Instant Game.

The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 185 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law.

In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 185, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200003339

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: May 12, 2000


Instant Game Number 188--"On a Roll"

1.0 Name and Style of Game.

A. The name of Instant Game Number 188 is "ON A ROLL". The play style of the game is an "add up" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 188 shall be $1.00 per ticket.

1.2 Definitions in Instant Game Number 188.

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

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

C. Play Symbol--One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, $1.00, $2.00, $5.00, $10.00, $100 or $2,000.

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

Table 1 of this section

Figure 1:16 TAC GAME NO. 188 - 1.2D

figure

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

Table 2 of this section.

Figure 2:16 TAC GAME NO. 188 - 1.2E

figure

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

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

G. Low-Tier Prize--A prize of $1.00, $2.00, $4.00, $6.00, $10.00, $15.00 or $20.00

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

I. High-Tier Prize--A prize of $2,000.

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

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (188), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 188-0000001-000.

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

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

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "ON A ROLL" Instant Game Number 188 ticket.

2.0 Determination of Prize Winners.

The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "ON A ROLL" Instant Game is determined once the latex on the ticket is scratched off to expose ten play symbols. If after adding the 2 numbers in each of "YOUR ROLLS", the total or sum of any of "YOUR ROLLS" equals the "HOUSE ROLL", the player wins the "PRIZE" for that roll. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 10 Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 10 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 10 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 10 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. There will be no duplicate non-winning Rolls on a ticket (in any order).

2.3 Procedure for Claiming Prizes.

A. To claim an "ON A ROLL" Instant Game prize of $1.00, $2.00, $4.00, $6.00, $10.00, $15.00, $20.00, $30.00, $100 or $300 a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $100 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

2.4 Allowance for Delay of Payment.

The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

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

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

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

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

2.5 Payment of Prizes to Persons Under 18.

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

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

2.7 Instant Ticket Claim Period.

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes.

There will be approximately 20,000,000 tickets in the Instant Game No. 188. The expected number and value of prizes in the game are as follows:

Table 3 of this section

Figure 3:16 TAC GAME NO. 188- 4.0

figure

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

5.0 End of the Instant Game.

The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 188 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law.

In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 188, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200003340

Ridgely C. Bennett

Deputy General Counsel

Texas Lottery Commission

Filed: May 12, 2000


Texas Natural Resource Conservation Commission

Correction of Error

The Texas Natural Resource Conservation Commission (commission) adopted amendments to 30 TAC §114.309 which appeared in the April 21, 2000 issue of the Texas Register (25 TexReg 3544). The error is as submitted by the commission.

On page 3544, there was a clerical mistake in transmitting the final adopted version of 30 TAC §114.309. The word "Judge" was inadvertently included in the rule that was transmitted to the Texas Register as the adopted rule. The commission adopted the rule as published in April 21, 2000 issue. The rule as adopted by the commission should read: "All affected persons in the following counties shall be in compliance with §§114.301, and 114.304-114.307 of this title (relating to Control Requirements for Reid Vapor Pressure; Registration of Gasoline Producers and Importers; Approved Test Methods; Recordkeeping, Recording, and Certification Requirements; and Exemptions) no later than the dates specified in §114.301(b) of this title: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee, Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Jacinto, San Patricio, San Augustine, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and Wood." The commission will interpret and apply this rule as if the published version did not contain the word "Judge." The commission will correct this error through the rule amendment process.

TRD-200003475


Invitation to Comment - Notice of Availability of the Draft April 2000 Update to the Water Quality Management Plan for the State of Texas

The Water Quality Management Plan (WQMP) is developed and promulgated pursuant to the requirements of the Federal Clean Water Act (CWA), §208. The Draft April 2000 WQMP Update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the TNRCC certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the TNRCC.

A copy of the Draft April 2000 Update may be viewed on the TNRCC's web page at http://www.tnrcc.state.tx.us/water/quality/wqmp, and at the TNRCC Central Office at 12015 North Interstate 35, Building A, Library.

Comments on the Draft April 2000 Update to the Water Quality Management Plan shall be provided in written form and sent to Suzanne Vargas, Texas Natural Resource Conservation Commission, Water Permits and Resource Management Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4619. Comments may be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be received by 5:00 p.m., June 26, 2000. For further information or questions, contact Suzanne Vargas at (512) 239-4619 or by e-mail at svargas@tnrcc.state.tx.us.

TRD-200003417

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 17, 2000


Notice of Application for Conversion of a Water Supply Corporation to a Special Utility District

SOUTHWEST FANNIN COUNTY WATER SUPPLY CORPORATION has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Southwest Fannin County Water Supply Corporation to Southwest Fannin County Special Utility District and to transfer Certificate of Convenience and Necessity (CCN) No. 12406 from Southwest Fannin County Water Supply Corporation to Southwest Fannin County Special Utility District. Southwest Fannin County Special Utility District's business address will be Route 1, Box 67, Savoy, Texas 75479. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and under the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of Southwest Fannin County Water Supply Corporation and the organization, creation and establishment of Southwest Fannin County Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code and CCN No. 12406 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by Southwest Fannin County Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by Southwest Fannin County Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located within Fannin and Grayson Counties, Texas, with a total approximate acreage of 106,502 acres. The proposed District is located within portions of the extra-territorial jurisdiction of the cities of Ector, Whitewright, Bells, Trenton, Savoy and Bonham. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 12406. CCN No. 12406 will be transferred after a positive confirmation election.

The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; and (4) a brief description of how you would be affected by the petition in a way not common to the general public. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director may not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests 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, 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-200003404

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 16, 2000


Notice of District Creation

Petitioners filed a petition for creation of GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 31 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed district; (3) the proposed District will contain approximately 215.2299 acres located within Galveston County, Texas; and (4) all of the land to be included in the proposed District is within the corporate boundaries of the city of Texas City, Texas. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $11, 730,000.

Petitioners filed a petition for creation of WEST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 6 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed district; (3) the proposed District will contain approximately 259.81 acres located within Travis County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the Village of Bee Cave, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $8,725,000.

Petitioners filed a petition for creation of WEST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 7 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed district; (3) the proposed District will contain approximately 228.05 acres located within Travis County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the Village of Bee Cave, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $2,080,000.

Petitioners filed a petition for creation of WEST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 8 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed district; (3) the proposed District will contain approximately 300.80 acres located within Travis County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the Village of Bee Cave, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $6,440,000.

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) the name of the petitioner and the TNRCC Docket Number; (3) the statement "I/we request a contested case hearing"; and (4) a brief description of how you would be affected by the request in a way uncommon to the general public. You may also submit your proposed adjustments to the petition 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 contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests 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, 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-200003403

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 16, 2000


Public Notice

The executive director of the Texas Natural Resource Conservation Commission (TNRCC) is issuing a Public Notice of Intent to Delete (delist) the Sonics International State Superfund site (the site) from the state registry, the list of state superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The TNRCC is proposing this delisting because the executive director has determined that the site no longer presents such an endangerment due to the remedial actions that have been performed at the site. This notice was also published in the May 25, 2000, edition of the Ranger Times .

The site, including all land, structures, appurtenances, and other improvements, is approximately 40 acres, located in Eastland County, about two miles west of Ranger, Texas, adjacent to Farm-to-Market Road 101. The site also includes any areas outside the site boundary where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the site. There are two plugged and abandoned hazardous waste disposal wells of which previous operations had resulted in the contamination of the soil and the shallow perched groundwater.

From 1990 to 1993, the Sonics Steering Committee performed a remedial investigation at the site to determine the nature and extent of contamination. The remedial investigation included the collection and analysis of surface and subsurface soils, the installation of groundwater monitoring wells, and the collection of surface water samples. The investigation concluded that four areas of the site had soils impacted at concentrations above protective limits established by the TNRCC.

From 1994 to 1999, the Sonics Steering Committee performed a remedial action at these four locations that entailed the excavation and disposal of approximately 2,070 cubic yards of contaminated soil. Soil samples collected after the remedial action was completed indicated the soils remediation achieved the cleanup criteria established for the site.

The on-site shallow groundwater has been affected by the chemical constituents at the site; however, the shallow groundwater zone beneath the site is not a current source of drinking water and is incapable of supplying water in useable quantities. The TNRCC equates "useable quantities" as 150 gallons per day. For these reasons, existing concentrations of the chemical constituents found in the groundwater do not pose a threat to human health. Also, post closure monitoring of the shallow groundwater is continuing to ensure that the concentration of the chemical constituents remain stable or decrease over time.

Because of the remedial actions that have been performed at the site, the executive director has determined that the site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Therefore, the site is eligible for delisting from the state registry as provided by 30 TAC §335.344(c).

As per §335.344(b), the TNRCC will hold a public meeting to receive comment on this intended deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held Thursday, June 29, 2000, 2:00 p.m. at the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Building E, Room 201S, Austin, Texas 78753. The meeting will consist of two parts: an informal discussion period and a formal comment period.

All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., June 29, 2000 and should be sent in writing to Mr. Dean Perkins, Texas Natural Resource Conservation Commission, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile to (512) 239-2450. For further information you may also contact Mr. Perkins by telephone at 1 (800) 633-9363 (within Texas only) or (512) 239-2482.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at 1 (800) 633-9363 or (512) 239-2141. Requests should be made as far in advance as possible.

A portion of the record for this site, including documents pertinent to the executive director's determination, is available for review during regular business hours at the Ranger College Golemon Library, 1100 College Circle, Ranger, Texas 76470, telephone (817) 647-3234. The complete public file may be obtained during regular business hours at the Texas Natural Resource Conservation Commission, Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone 1 (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

TRD-200003418

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 17, 2000


Texas State Superfund Registry

The Texas Natural Resource Conservation Commission (TNRCC or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (the Act) to identify, to the extent feasible, and evaluate facilities which may constitute an imminent and substantial endangerment to public health and safety or to the environment due to a release or threatened release of hazardous substances into the environment. The first registry identifying these sites was published in the Texas Register on January 16, 1987 (12 TexReg 205). Pursuant to the Act, §361.181, the commission must update the registry (state Superfund registry) annually to add new facilities in accordance with the Act, §361.184(a) and §361.188(a)(1) (see also 30 TAC §335.343) or to delete facilities in accordance with the Act, §361.189 (see also the Act, §361.183(a) and 30 TAC §335.344). The current notice also includes facilities where state Superfund action has ended, or where cleanup is being adequately addressed by other means.

Pursuant to the Act, §361.188, the state Superfund registry identifying those facilities that are listed and have been determined to pose an imminent and substantial endangerment in descending order of hazard ranking system (HRS) scores are as follows.

1. Col-Tex Refinery, both sides of Business Interstate 20 (U.S. 80) in Colorado City, Mitchell County: tank farm and refinery.

2. Precision Machine and Supply, 500 West Olive Street, Odessa, Ector County: chrome plating and machine shop.

3. Sonics International, Inc., north of Farm Road 101, approximately two miles west of Ranger, Eastland County: industrial waste injection wells.

4. Maintech International, 8300 Old Ferry Road, Port Arthur, Jefferson County: chemical cleaning and equipment hydroblasting.

5. Federated Metals, 9200 Market Street, Houston, Harris County: Magnesium dross/sludge disposal, inactive landfill.

6. Gulf Metals, on Telean Street, northeast of the intersection of Mykawa Road and Almeda- Genoa Road, Houston, Harris County: disposal of hazardous materials.

7. Texas American Oil, approximately three miles north of Midlothian on Old State Highway 67, Ellis County: waste oil recycling.

8. Niagara Chemical, west of the intersection of Commerce Street and Adams Avenue, Harlingen, Cameron County: pesticide formulation.

9. International Creosoting, 1110 Pine Street, Beaumont, Jefferson County: wood treatment.

10. McBay Oil & Gas, approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.

11. Solvent Recovery Services, 5502 FM 521 approximately 0.2 mile south of its intersection with Highway 6, Arcola, Fort Bend County: paint solvent recycling.

12. Harris Sand Pits, 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: commercial sand and clay pit.

13. Butler Ranch, 11.8 miles west of Falls City off Farm Road 791, Karnes County: two abandoned uranium mining pits containing drums of hazardous substances.

14. JCS Company, north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: lead-acid battery recycling.

15. Jerrell B. Thompson Battery, north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: lead-acid battery recycling.

16. Hayes-Sammons Warehouse, Miller Avenue and East Eighth Street, Mission, Hidalgo County: commercial grade pesticide storage.

17. Jensen Drive Scrap, 3603 Jensen Drive, Houston, Harris County: scrap salvage.

18. Baldwin Waste Oil Company, on County Road 44 approximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: waste oil processing.

19. Hall Street, north of intersection of 20th Street East with California Street, north of Dickinson, Galveston County: waste disposal and landfill/open field dumping.

20. Unnamed Plating, 6816-6824 Industrial Avenue, El Paso, El Paso County: metals processing and recovery.

Pursuant to the Act, §361.184(a), those facilities that may pose an imminent and substantial endangerment, and which have been proposed to the state Superfund registry, are set out in descending order of HRS scores as follows.

1. Kingsland, in the vicinity of the 2100 block of FM 1431 and in the vicinity of the 2400 block of FM 1431 in the community of Kingsland, Llano County: two groundwater plumes.

2. First Quality Cylinders, 931 West Laurel Street, San Antonio, Bexar County: aircraft cylinder rebuilder.

3. J. C. Pennco Waste Oil Service, 4927 Higdon Road, San Antonio, Bexar County: waste oil and used drum recycler.

4. Phipps Plating, 305 East Grayson Street, San Antonio, Bexar County: metal plating.

5. Pioneer Oil and Refining Co., 20280 South Payne Road, outside of Somerset, Bexar County: oil refinery.

6. Higgins Wood Preserving, inside the bordering streets of North Timberland Drive (U.S. 59) on the west, Warren Street on the east, and Paul Avenue on the north, Lufkin, Angelina County: wood treatment.

7. Marshall Wood Preserving, 2700 West Houston Street, Marshall, Harrison County: wood treatment.

8. Thompson Hayward Chemical Company, on the east side of U.S. 277, 0.5 mile south of Munday, Knox County: pesticide formulating.

9. Avinger Development Company (ADCO), on the south side of Texas 155, approximately 1/4 mile east of the intersection with Texas 49, Avinger, Cass County: wood treatment.

10. Old Lufkin Creosoting, 1411 East Lufkin Avenue, Lufkin, Angelina County: wood treatment.

11. Materials Recovery Enterprises, about 4 miles southwest of Ovalo, near U.S. 83 and Farm Road 604, Taylor County: Class I industrial solid waste disposal site.

12. Harvey Industries, Inc., southeast corner of Farm Road 2495 and Texas 31 (One Curtis Mathes Drive), Athens, Henderson County: television cabinets and circuit board manufacturing.

13. Hu-Mar Chemicals, McGothlin Road between 4th and 12th streets, Palacios, Matagorda County: pesticide and herbicide formulation.

14. American Zinc, approximately 3.5 miles north of Dumas on U.S. 287 and five miles east on Farm Road 119, Moore County: zinc smelter.

15. Toups, on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105 in Sour Lake, Hardin County: wood treatment.

16. El Paso Plating Works, 2422 Wyoming Avenue, El Paso, El Paso County: metal plating.

17. Aztec Ceramics, 4735 Emil Road, San Antonio, Bexar County: tile manufacturing.

18. Spector Salvage Yard, Tenth Street, Orange, Orange County: military surplus and chemical salvage yard.

19. Permian Chemical Company, 325 Pronto Avenue (formerly listed as 1901 Pronto Road), southeast of Odessa, Ector County: chemical manufacturer.

20. Sampson Horrice, 2000 and 2006 Plainfield Drive (formerly listed as 8460 Sparrow Street and 1 Sparrow Street), Dallas, Dallas County: inactive gravel pit landfill that illegally accepted hazardous and solid waste.

21. Barlow's Wills Point Plating, south side of U.S. 80, approximately 3.4 miles east of its intersection with Texas 64, in Wills Point, Van Zandt County: inactive electroplating.

22. McNabb Flying Service, located 1.5 miles northwest of Alvin, approximately 1 mile east of State Highway 6, at the intersection of Brazoria County roads 146 and 539, Brazoria County: aerial pesticide applicator.

23. Poly-Cycle Industries, Inc. on Texas 75 about 0.5 miles north of Palmer, Ellis County: lead-acid battery chips (plastic and rubber) storage and disposal.

24. Tricon America, Inc., 101 East Hampton Road, Crowley, Tarrant County: aluminum and zinc smelting and casting.

Since the last publication on November 26, 1999, the TNRCC has determined that three facilities, Avinger Development Company (ADCO), Hu-Mar Chemicals, and El Paso Plating Works, may pose an imminent and substantial endangerment to public health and safety or the environment and pursuant to the Act, §361.184(a), have been added to the list of sites proposed to the state Superfund registry. Also, one site (Houston Scrap) has been deleted since the last publication.

To date, 18 sites Aztec Mercury, Brazoria County; Bestplate, Inc., Dallas County; Double R Plating Company, Cass County; Hagerson Road Drum, Fort Bend County; Hart Creosoting, Jasper County; Hi- Yield, Hunt County; Houston Lead, Harris County; Houston Scrap, Harris County; LaPata Oil Company, Harris County; Munoz Borrow Pits, Hidalgo County; Newton Wood Preserving, Newton County; PIP Minerals, Liberty County; Rio Grande Refinery I, Hardin County; Rio Grande Refinery II, Hardin County; South Texas Solvents, Nueces County; State Marine, Jefferson County; Waste Oil Tank Services, Harris County and Wortham Lead Salvage, Henderson County have been deleted from the state registry pursuant to the Act, §361.189 (see also the Act, §361.183(a) and 30 TAC §335.344).

The public records for each of the sites are available for inspection and copying during regular TNRCC business hours at the TNRCC Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone 1(800) 633-9363 (within Texas only) or (512) 239-2920. Copying of file information is subject to payment of a fee.

TRD-200003347

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 12, 2000


Public Utility Commission of Texas

Notice of Application Filed for Designation as an Eligible Telecommunications Carrier Under 47 United States Code §214(e)

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 8, 2000 for designation as an eligible telecommunications carrier under 47 United States Code §214(e).

Project Title and Number: Application of MCImetro Access Transmission Services, L.L.C. For Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to 47 United States Code §214(e) and P.U.C. Substantive Rule §26.418. Project Number 22511.

The Application: MCImetro Access Transmission Services, L.L.C. (MCIM) filed an application for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418. MCIM is requesting ETC designation in order to be eligible to receive support from the Federal Universal Service Fund.

Persons who wish to comment on this application or intervene should notify the Public Utility Commission of Texas by June 1, 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.

TRD-200003321

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 11, 2000


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 Madison River Communications LLC for a Service Provider Certificate of Operating Authority, Docket Number 22529 before the Public Utility Commission of Texas.

Applicant intends to provide a full range of telecommunications services, including, but not limited to, local exchange service, basic local telecommunications service, interexchange long distance and switched access service.

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 May 31, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200003400

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2000


Notice of Application Pursuant to P.U.C. Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 11, 2000, pursuant to P.U.C. Substantive Rule §26.208 for approval of a tariff change.

Tariff Title and Number: Application of Central Telephone Company of Texas doing business as Sprint's Notification of Tariff Revision to the Access Service Tariff, Pursuant to P.U.C. Substantive Rule §26.208. Tariff Number 22525.

The Application: Central Telephone Company of Texas doing business as Sprint (Sprint) is filing this revision to remove all USOCs, obsolete interface groups and reference to electromechanical offices. Sprint requests a June 12, 2000, tariff effective date.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1(800) 735-2989. The deadline for comments in the proceeding will be no later than May 31, 2000. Please reference Tariff Number 22525.

TRD-200003378

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2000


Notice of Application Pursuant to P.U.C. Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 11, 2000, pursuant to P.U.C. Substantive Rule §26.208 for approval of a tariff change.

Tariff Title and Number: Application of United Telephone Company of Texas, Inc. doing business as Sprint's Notification of Tariff Revision to the Access Service Tariff, Pursuant to P.U.C. Substantive Rule §26.208. Tariff Number 22526.

The Application: United Telephone Company of Texas, Inc. doing business as Sprint (Sprint) is filing this revision to remove all USOCs, obsolete interface groups and reference to electromechanical offices. Sprint requests a June 12, 2000, tariff effective date.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1(800) 735-2989. The deadline for comments in the proceeding will be no later than May 31, 2000. Please reference Tariff Number 22526.

TRD-200003379

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2000


Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 9, 2000, to amend a certificated service area boundary in Hays County pursuant to §§14.001, 37.051, 37.054, 37.056, and 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 Bluebonnet Electric Cooperative, Inc. (Bluebonnet Electric) to Amend Certificated Service Area Boundaries Within Hays County. Docket Number 22514.

The Application: Bluebonnet Electric requests the boundary change for one area. The area is the Tanger Factory Outlet Mall (TFOM). The TFOM proposed expansion would enter into Pedernales Electric Cooperative's (PEC) service area. The expansion involves constructing an additional 110,000-120,000 square feet of shopping center. Bluebonnet Electric would relocate existing facilities as needed to facilitate building and site improvements. PEC has no objections to Bluebonnet Electric serving the proposed expansion. Copies of the application and additional associated maps are available for review at Bluebonnet Electric's office, Giddings, Texas. Persons with questions about this project should contact David Peterson, Bluebonnet Electric at (409) 542-3151.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas, 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established. The commission should receive a letter requesting intervention.

TRD-200003327

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 11, 2000


Notice of Workshop to Amend P.U.C. Substantive Rules §§25.211 and 25.212

The Staff of the Public Utility Commission (commission) will hold a workshop to initiate the process of amending P.U.C. Substantive Rule §§25.211, Interconnection of On-Site Distributed Generation (DG) and 25.212, Technical Requirements for Interconnection and Parallel Operation of On-Site Distributed Generation on Friday, June 16, 2000, at 9:30 a.m. in the Commissioners' Hearing Room at 1701 North Congress Avenue, Austin, Texas.

The commission has determined that the existing rules for DG need further refinement. This rulemaking will address operational terms and conditions for interaction between DG and the utilities and between DG and the Independent System Operator. The rulemaking will also address issues raised by the DG tariffs, particularly the study fees, conditions and other potential obstacles to DG interconnection.

The commission is reconvening the successful collaborative process that produced technical standards for the interconnection of on-site distributed generation in order to implement Public Utility Regulatory Act §39.101(b)(3) (PURA). PURA §39.101(b)(3) entitles all Texas electric customers to access on-site generation, to provide cost savings and reliability benefits to customers, to establish technical requirements that will promote the safe and reliable parallel operation of on-site generation resources, to enhance both the reliability of electric service and economic efficiency in the production and consumption of electricity, and to promote the use of distributed resources in order to provide electric system benefits during periods of capacity constraints.

For Further Information. Please contact Ed Ethridge, Office of Regulatory Affairs, Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, Fax (512) 936-7361, ed.ethridge@.puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Project Number 22540.

TRD-200003405

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 16, 2000


Public Notice of Amendment to Interconnection Agreement

On May 8, 2000, Deloach's Home Entertainment Centers, Inc. 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 22513. 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 22513. 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 June 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 22513.

TRD-200003314

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 10, 2000


Public Notice of Amendment to Interconnection Agreement

On May 11, 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 22522. 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 22522. 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 June 13, 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 22522.

TRD-200003377

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2000


Public Notice of Amendment to Interconnection Agreement

On May 9, 2000, Southwestern Bell Telephone Company and State Discount Telephone, LLC, 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 22516. 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 22516. 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 June 9, 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 22516.

TRD-200003331

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 11, 2000


Public Notice of Amendment to Interconnection Agreement

On May 9, 2000, Southwestern Bell Telephone Company and Nationwide Communication, 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 22517. 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 22517. 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 June 9, 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 22517.

TRD-200003330

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 11, 2000


Public Notice of Amendment to Interconnection Agreement

On May 10, 2000, Southwestern Bell Telephone Company and Logix Communications Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22519. 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 22519. 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 June 9, 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 22519.

TRD-200003329

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 11, 2000


Public Notice of Interconnection Agreement

On May 8, 2000, Southwestern Bell Telephone Company and Millennium One Communications, 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 22512. 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 22512. 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 June 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 22512.

TRD-200003313

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 10, 2000


Public Notice of Interconnection Agreement

On May 10, 2000, Alltel Communications Service Corporation and State Telephone Texas, 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 22520. 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 22520. 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 June 13, 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 22520.

TRD-200003376

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2000


Public Notice of Workshop on Capacity Auctions Rulemaking

The Public Utility Commission of Texas (commission) will hold a workshop in the Commissioners' Hearing Room on Tuesday, May 30, 2000 beginning at 10:00 a.m. and concluding no later than 4:00 p.m. to discuss Project Number 21405, Capacity Auctions Rulemaking .

The purpose of the workshop will be to discuss the comments filed in response to the questions issued by staff on March 17, 2000 as well as discussion of a staff strawman. An updated schedule has been posted on the commission's web site. The strawman and a more detailed agenda will be issued prior to the workshop.

Questions concerning the workshop or this notice should be referred to Brian Lloyd, Office of Policy Development, (512) 936-7234. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200003322

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 11, 2000


Southwest Texas State University

Contract Award

Contract number 00-0037

Southwest Texas State University has awarded a contract to the Associates of Channel Islands Harbor, California in an amount not to exceed $110,000.00 to review Southwest Texas State University's parking and transportation (shuttle bus operation) services.

TRD-200003319

William A. Nance

Vice President for Finance and Support Services

Southwest Texas State University

Filed: May 11, 2000


Consultant Contract Extension

Southwest Texas State University is extending the consulting contract with Anderson-Strickler to August 31, 2000 to enable them to finalize their report. No additional funds are required. Anderson-Strickler was hired to do comprehensive consulting and planning services for Southwest Texas State University's student housing and residence life program.

TRD-200003318

William A. Nance

Vice President for Finance and Support Services

Southwest Texas State University

Filed: May 11, 2000


The University of Texas System

Request for Information (Federal Tax)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in certain federal tax matters. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 2000 to August 31, 2001) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific federal tax matters as the need arises.

Description. The U. T. System comprises six health component universities and nine academic component universities supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, the Permanent University Fund, the Available University Fund, grants, gifts, sponsored research and other sources of revenues, all of which may be impacted by the Internal Revenue Code and Regulations of the Internal Revenue Service. Subject to approval by the Texas Attorney General, U. T. System will engage outside legal counsel to provide legal counsel and advice to the U. T. System on matters pertaining to federal income, estate, gift, employment, and excise taxes. This legal counsel and advice will include, but not be limited to, the following: matters regarding taxation of any kind, representation in tax audits, appeals of tax issues, tax hearings before administrative law judges and magistrates, appeals to IRS appeals officers, district court, U.S. Tax Court, U.S. District Court, the U.S. Court of Claims and other venues on tax matters. Tax counsel will also advise regarding employee benefits such as I.R.C. Section 125 cafeteria plans, the Texas Optional Retirement Program, I.R.C. Section 403(b), Section 415(m) and Section 457(a) and (f) plans. Income tax matters will also include unrelated business income tax as it relates to universities; and federal tax matters regarding compensation issues related to university hospitals and physicians. Although the law firm will not be required to prepare the System tax return, it will be required to give legal advice on issues relating to the filing of tax returns and the appropriate treatment of tax matters on such returns. This legal counsel will include interaction with and representation before the Internal Revenue Service and other taxing authorities in any tax controversy. The legal counsel will also advise and represent the System in matters relating to tax liens, tax garnishments, tax levies, tax assessments, tax valuations, as well as summonses, subpoenas, and discovery relating to tax matters. The law firm should be admitted to practice before Texas district courts, the United States Tax Court, United States District Court and the U.S. Court of Claims.

U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in federal tax-related matters including experience handling state pension issues and plans available only to universities, the names and experience of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's federal tax matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information" and addressed to David W. Lacy, Attorney, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (dlacy@utsystem.edu; fax: (512) 499-4523; telephone (512) 499-4462 for questions).

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above not later than 5:00 p.m., Friday, June 23, 2000.

TRD-200003394

Francie A. Frederick

Executive Secretary, Board of Regents

The University of Texas System

Filed: May 15, 2000


Request for Information (Health Law and Contracting)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its health component institutions regarding Medicare/Medicaid/Managed Health Care questions, Medicare/Medicaid, third party reimbursement matters and appeal of adverse Medicare reimbursement decisions and complex contracting issues related to affiliation agreements with health care delivery networks, including contracts with private and public entities. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 2000 to August 31, 2001) a health care panel from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation and advice of legal issues raised by complex contracting issues, complex managed care arrangements and third party reimbursement matters, including certified non-profit health corporations, fraud and abuse issues, antitrust concerns.

Description. The U. T. System operates six health institutions located in Houston, Dallas, Galveston, San Antonio and Tyler, Texas. University physician and hospital services are provided through a broad range of contractual arrangements with Health Maintenance Organizations, Preferred Provider Organizations, Medicare, Medicaid, private health insurance carriers, as well as directly with employers. These managed care arrangements may be impacted by state and federal laws and regulations governing insurance, third party reimbursement, antitrust matters, and fraud and abuse issues. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel with experience in establishing certified non-profit health corporations and other complex managed care contracting arrangements. In addition, outside counsel must have a working knowledge of state and federal laws and regulations governing safe harbors, antitrust matters, health privacy and security standards, Medicare and Medicaid regulations, and appeals of adverse determinations by third party payor intermediaries. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses. Responses to the RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in complex health delivery and reimbursement matters, the names, experience, and expertise of the attorneys who may be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's complex health delivery and reimbursement matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information" and addressed to R. Carlton Presley, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (bpresley@utsystem.edu; fax: (512) 499-4523; telephone (512) 499-4462 for questions.)

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, June 23, 2000.

TRD-200003393

Francie A. Frederick

Executive Secretary, Board of Regents

The University of Texas System

Filed: May 15, 2000


Request for Information (Intellectual Property)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in intellectual property matters. This RFI is issued to establish (for the time frame beginning September 1, 2000 to August 31, 2001) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific intellectual property matters as the need arises.

Description. The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Research activities and other educational pursuits at each institution produce intellectual property that is carefully evaluated for protection and licensing to commercial entities. Subject to approval by the Texas Attorney General, U. T. System will engage outside counsel to prepare, file, prosecute, and maintain patent applications in the United States and other countries; secure copyright protection for computer software; and to prepare, file and prosecute applications to register trademarks and service marks in the United States and other countries. U.T. System also will engage outside counsel from time to time to pursue litigation against infringers of these intellectual property rights and to handle other related matters. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in intellectual property-related matters, the names, experience, and scientific or technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and intellectual property matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's intellectual property matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, or electronic mail or delivered in person, marked "Response to Request for Information," and addressed to Georgia K. Harper, Section Manager for Intellectual Property, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (gharper@utsystem.edu; fax: (512) 499-4523; telephone (512) 499-4462 for questions).

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, June 23, 2000.

TRD-200003392

Francie A. Frederick

Executive Secretary, Board of Regents

The University of Texas System

Filed: May 15, 2000


Request for Information (Tax-Exempt Bond)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in tax-exempt bond matters. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 2000 to August 31, 2001) a referral list from which U. T. System, by and through its Office of General Counsel and subject to approval by the Texas Attorney General, will select appropriate counsel for representation on specific bond matters as the need arises. These needs include the usual and necessary services of a bond counsel in connection with the issuance, sale and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law.

Description. The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Public, tax-exempt bond issuance is conducted under two major programs and is rated by three major rating agencies. Bonds are issued under authority granted the U. T. System in Article VII, Section 18 of the Texas Constitution (Permanent University Fund). A variable rate demand note program is frequently used to raise new funds in support of the Capital Improvement Program. During the 2001 fiscal year, one such note sale is anticipated in the approximate amount of $150 million. Fixed rate bond sales occur each two to three years in the amount of approximately $100 million to refund variable rate notes. Advance refunding of Permanent University Fund bonds are conducted periodically based on potential savings opportunities. Under authority granted in Chapter 55, Texas Education Code and Vernon's Ann. Tex. Civ. St. Articles 717k and 717q, and other applicable laws, the U. T. System issues revenue bonds for capital improvements. A tax-exempt commercial paper program is used for interim financing with long-term fixed rate bonds sold to provide more permanent financing. The commercial paper program is presently authorized up to $350 million and has approximately $93 million outstanding. Two fixed rate bond sales of approximately $100 million each in size will likely occur during fiscal year 2001. The U. T. System employs a revenue bond program which offers a combined pledge of all legally available revenues with certain exceptions (the "Revenue Financing System"). Advance refunding of bonds, interest rate swaps and escrow restructures of previously defeased bonds, based on market timing, may be expected. Federal tax related matters regarding bonds issued by the U. T. System, including strategies and management practices in the conduct of an exempt debt program requires a close working relationship with bond counsel. In addition, the System works with counsel regarding the preparation of the annual S.E.C. filings. Contact is frequent, particularly in regard to the Revenue Financing System program due to the significant level of capital improvements anticipated throughout the system over the next two years. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel.

Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in bond issuance matters, the names, experience, and technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information," and addressed to Ray Farabee, Vice Chancellor and General Counsel, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (bpage@utsystem.edu; fax: (512) 499-4523; telephone (512) 499-4462 for questions).

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, June 23, 2000.

TRD-200003391

Francie A. Frederick

Executive Secretary, Board of Regents

The University of Texas System

Filed: May 15, 2000


Request for Information (FCC)

The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in communications law matters involving the Federal Communications Commission (FCC). This RFI is issued to establish (for the time frame beginning September 1, 2000 to August 31, 2001) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific communications law matters as the need arises.

Description. The U. T. System, with offices in Austin, Texas, is composed of six health institutions and nine academic institutions located in eleven cities in Texas. Distance learning, radio, television and journalism curriculum, research activities and other educational pursuits at each institution result in the need for various licenses and permits to be obtained from the FCC in order to operate non-commercial FM radio stations and low power UHF educational channels; construct various antenna and satellite dish structures; and to expand and enhance current telecommunications networks involving distance learning via a virtual campus program linking the component institutions and other telecommunications links with institutions of higher education in the United States and Mexico. Subject to approval by the Texas Attorney General, the U. T. System may engage outside counsel to prepare, file, prosecute, maintain and renew various permits, licenses and license applications with the FCC. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of the U. T. System's Office of General Counsel.

Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in communications law, the names, experience, and scientific or technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and communications matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's communications law matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas.

Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, or delivered in person, marked "Response to Request for Information," and addressed to Robert Giddings, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (fax: (512) 499-4523; telephone (512) 499-4462 for questions).

Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Friday, June 23, 2000.

TRD-200003390

Francie A. Frederick

Executive Secretary, Board of Regents

The University of Texas System

Filed: May 15, 2000


Texas Department of Transportation

Public Notice--Aviation

Pursuant to Transportation Code, §21.111, and 43 TAC §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site - http://www.dot.state.tx.us - click on Aviation, click on Aviation Public Hearing or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas, 78704, (512) 416-4520 or 1-800-68 PILOT.

TRD-200003324

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 11, 2000


Public Notice of DEIS

Public Notice of DEIS: Pursuant to Title 43, Texas Administrative Code, §2.43(e)(4)(B), the Texas Department of Transportation is advising the public of the availability of the Draft Environmental Impact Statement (DEIS) for the proposed construction of Segment C of State Highway 99 (the Grand Parkway) southwest of Houston in Fort Bend and Brazoria Counties, Texas. Comments regarding the DEIS should be submitted to James G. Darden, P.E. prior to 5:00 p.m. on Thursday, July 13, 2000, at the Texas Department of Transportation's Houston District Office located at 7721 Washington Avenue, Houston, Texas. The mailing address is P.O. Box 1386, Houston, Texas, 77251-1386.

The proposed project consists of the construction of a controlled access highway from U.S. Highway 59 in Fort Bend County to State Highway 288 in Brazoria County, a distance ranging from 25.3 to 29.7 miles, depending on the alternative considered. The proposed facility will consist of a four-lane divided roadway with both parkway and freeway sections, depending on the existing use of surrounding land. A total of eight alternatives, in addition to the no-build alternative, have been presented in the DEIS for this project. All eight alternatives lie between US 59 and SH 288 in a northwest-southeast direction, but differ in their alignments to the north and/or east.

Alternative 1 is the alternative that connects with US 59 and SH 288 closest to Houston and is 25.3 miles in length. Alternative 2 follows the same general path as Alternative 1 except that it connects with SH 288 farther south and is 27.4 miles in length. Alternative 3 has the same connections with US 59 and SH 288 as Alternative 1, but extends further south in the middle portion and is 27.4 miles in length. Alternative 4 uses the same alignment as Alternative 3, but connects with SH 288 along the same route as Alternative 2 and is 29.5 miles in length. Alternative 5 connects with US 59 farther to the west than Alternatives 1 through 4, but uses the same northerly route to SH 288 and is 25.5 miles in length. Alternative 6 uses the western connection to US 59 and northerly route to the east of Alternative 5, but uses the southern connection to SH 288 of Alternatives 2 and 4 and is 27.6 miles in length. Alternative 7 uses the western connection of Alternatives 5 and 6, the more southerly route to the east used in Alternatives 3 and 4, and the northern connection to US 288 of Alternatives 1, 3, and 5 and is 27.6 miles in length. Alternative 8 uses the alignment of Alternative 7 and the southern connection to SH 288 of Alternatives 2, 4, and 6 and is 29.7 miles in length.

The proposed Segment C facility is intended to relieve congestion and increase mobility on local and regional transportation facilities and to supplement existing roadways for hurricane evacuation. The social, economic, and environmental impacts of the Segment C project have been analyzed in the DEIS.

Copies of the DEIS and other information about the project may be obtained at the Texas Department of Transportation's Houston District Office at the previously mentioned address. For further information, please contact James G. Darden, P.E. at (713) 802-5241. Copies of the DEIS may also be reviewed at the offices of the Grand Parkway Association, located at 4544 Post Oak Place, Suite 222, Houston, Texas; at the Houston Public Library in the Texas Room, 500 McKinney, Houston, Texas; at the George Memorial Library, 1001 Golfview Drive, Richmond, Texas; and at the Angleton Branch of the Brazoria County Library, 401 East Cedar, Angleton, Texas.

TRD-200003416

Richard Monroe

General Counsel

Texas Department of Transportation

Filed: May 17, 2000


Texas Workforce Commission

Request for Qualifications for Selection of Professional Architectural/Engineering Services

The Texas Workforce Commission (TWC), Facilities, Construction and Maintenance Department, 101 E. 15th St., Room 226T, Austin, Texas 78778-0001, hereby issues this request for statement of interest and qualifications (RFQ) for the purpose of selecting a professional architectural/engineering (A/E) firm for an Indoor Air Quality Survey project at the following TWC facilities located in Austin, Texas: (1) 1117 Trinity, (2) 1411 Brazos, (3) 101 East 15th Street and (4) 1215 Guadalupe Street. The following work is being considered for the project (this list is not exhaustive, but is intended to give a reasonable understanding of the scope of the project):

Conduct an indoor air quality survey using multi-disciplinary engineering and industrial hygiene techniques.

Sample typical indicators and contaminants of indoor air quality in the four office buildings.

Conduct an inspection and review of the related mechanical systems.

Evaluate the results of these tests and inspections and, where possible provide recommendations to improve overall indoor air quality.

The survey will be conducted after normal building occupancy hours (8 a.m. to 5 p.m. Monday through Friday) and on weekends.

This survey will document the overall indoor air quality and analyze typical indicators and contaminants of indoor air quality, including carbon dioxide, carbon monoxide, volatile organic compounds (V.O.C.'s) and total airborne dust.

Sampling for carbon dioxide and carbon monoxide will be performed using direct reading electronic instrumentation and be performed during normal building occupancy hours.

Biological screening for the presence and relative abundance of airborne molds and bacteria (bioaerosols) using American Council of Government Industrial Hygienist (ACGIH) protocol for bioaerosols and a two plate selective growth medical test for each of the facilities. A total of five samples will be collected from each building. One ambient air sample will be collected at each building for comparison with interior samples.

Testing for volatile organic compounds (V.O.C.'s) will be performed using OSHA Method 7 and up to four samples will be collected from selected areas of each facility. One ambient sample will be collected at each building.

A sampling of total airborne dust levels will be performed using direct reading electronic instrumentation at each building. Total dust level readings will be compared with American Society of Heating, Refrigeration, and Air Conditioning Engineer's (ASHRAE) maximum exposure limits.

At the completion of the Indoor Air Quality Survey A/E will provide a final written report which will present the project information, method of analysis utilized, a floor plan detailing date and location of where samples were taken and cost estimates to remedy problem areas. Findings and observations will also be provided along with a list of any applicable generalized recommendations.

The estimated budget for this project is $25,000.00, including testing costs, architectural fees, contingencies, and other project related services. The building (1) 1117 Trinity contains approximately 106,715 square feet of gross building area (2) 1411 Brazos contains approximately 212,840 square feet of gross building area (3) 101 East 15th Street contains approximately 171,399 square feet of gross building area and (4) 1215 Guadalupe Street contains approximately 21,320 square feet of gross building area.

If your firm is interested in being considered to serve as prime professional services contractor for this project, please provide information about your company and associates who will perform professional services under this contract. Please complete the enclosed questionnaire and return it to the following address (a company brochure or project proposal can be submitted in lieu of the questionnaire):

Texas Workforce Commission

Attn: Jim McKaskle

101 E. 15th Street, Room 226T

Austin, Texas 78778-0001

Selection will be based on respondent's demonstrated experience on projects of similar size and complexity; quality of design; budgetary experience and responsibility; the size, availability, expertise and experience of respondent's staff; respondent's workload, to the extent it might impact on the design schedule for this project; respondent's willingness to accept owner-required design, contract and construction standards; and respondent's organization and management, including type of ownership, number of years respondent has been established, and the experience of respondent's members in working together as a team.

The Texas Workforce Commission recognizes the benefits of aiding and stimulating the growth of small disadvantaged and small women-owned business enterprises, and therefore requires that your firm consider in its proposal the participation of qualified, certified Historically Underutilized Businesses (HUBs) as subcontractors. It is TWC's intention that qualified HUBs receive a minimum of twenty percent (20%) of this professional services contract. If your firm is not certified as a HUB, your response to this RFQ should include a plan for utilization of HUBs in providing architectural/engineering services to TWC in connection with any contractual agreement awarded you as a result of this RFQ.

The Texas Workforce Commission in no way obligates itself to enter into any contract or agreement, and reserves the right to reject any or all proposals. The Texas Workforce Commission reserves the right to enter into negotiations with any and all respondents hereto. Any respondent hereto may be requested to appear for an in-person interview. Depending on available resources, TWC reserves the right to award this project based on individual buildings. The RFQ response should contain a cost estimate for services to be performed per each building.

To be considered, your response must be received at the above address on or before 5:00 p.m. on June 26, 2000. Any questions concerning this request may be directed to Jim McKaskle at (512) 305-9693.

If your firm is interested in being considered to serve as prime professional services vendor for this project, please provide information about your company and associates who will perform services under this contract.

Firm Name; Business Address; Telephone Number; Business Office Hours; Years in Business; Texas Professional License Number; Is company certified as a historically underutilized business (HUB)?; Number of employees available to work on this project; Name of project manager for this project; List projects over $150,000.00 completed in the last five years for which you served as prime administrator.

TRD-200003345

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: May 12, 2000


Texas Youth Commission

Consultant Request for Offer

Financial and Procurement Systems Strategic Planning

Texas Youth Commission (TYC or the Agency) is issuing this Request for Offer (RFO) with the intent of acquiring consulting services, under the provisions of the Government Code, Chapter 2254.

1.0 INTRODUCTION

1.1 Purpose

Texas Youth Commission (TYC or the Agency) is issuing this Request for Offer (RFO) with the intent of acquiring consulting services, under the provisions of the Government Code, Chapter 2254, 2157 and General Services Commission (GSC) Rule 1 TAC §113.19, to provide strategic planning for its automated financial and procurement systems.

1.1.1 Eligible Applicants

Because the selected vendor for this project may be actively involved in the evaluation and selection process for any procurement that results from this strategic planning effort, it is critical that the vendor be independent and objective in fact and in appearance. Therefore, vendors are not eligible to propose on this engagement if they, their firm, or any firm they are associated with are in the business of selling Enterprise Resource Planning (ERP) software; or they are implementation partners or have alliances with ERP software vendors.

Vendor must be approved by GSC as a Qualified Information Systems Vendor (QISV) to be eligible to receive an award under this quotation. Quotes must be signed by the QISV's authorizing agent and preference shall be given to HUB's (certification number provided with quote if applicable).

1.2 Scope of Work

The awarded vendor will be expected to perform the following primary tasks:

Assess and document Texas Youth Commission's organizational, technical and systems environment;

Assess and document Texas Youth Commission's high level needs for critical financial and procurement functions, including the following areas:

- General Ledger

- Accounts Payable/Encumbrance Accounting

- Budgetary Control

- Grant and Project Accounting

- Billing and Accounts Receivable

- Cash Management

- Cost Allocation

- Budget Development

- Purchasing

- Asset Management

- Warehouse Inventory Control

- Student Trust Funds

- Youth Court Ordered Child Support

- Payroll

Identify, evaluate and document the advantages, disadvantages and feasibility of alternative solutions from an organizational, technical and systems perspective, to include:

- Compare and document the high level functionality, risks, benefits, costs, potential issues and concerns associated with implementation of each.

- Document required interfaces to/from internal agency systems.

- Document required interfaces to/from statewide systems.

- Document technological enhancements required to support each solution.

- Develop high level estimate of resources necessary to implement each solution.

- Evaluate agency's ability to support each alternative solution.

- Make recommendation of best solution to meet TYC's long term needs.

- Develop high level work-plan that supports recommended solution.

- Develop a definitive scope statement for recommended solution.

1.3 Reporting

The selected vendor will be required to provide the following report information:

- Provide a final report of work supporting proposed alternative solutions and strategic planning recommendation by the thirtieth day of the month following the last day that work is performed.

- Make an oral presentation of the report and findings to TYC management.

- Provide a monthly project status report of work by the fifteenth day of the month following the last day of the calendar month that work is performed.

The above list of tasks should not be considered all-inclusive of the tasks that the awarded vendor will be expected to perform.

1.4 Planned Schedule of RFO Activities

It is TYC's intention to comply with the following procurement schedule:

Date Activity.

May 26, 2000--Distribution and Notice of Request for Offer to Prospective Vendors

June 20, 2000--Initial Offers Due to TYC

June 30, 2000--Complete Evaluation Process

July 20, 2000--TYC Board Authorizes Negotiations with Top Ranked Firms

July 28, 2000--Complete Negotiation Process

July 28, 2000--Best and Final Offers Due to TYC

September 5, 2000--Execute Contract

September 11, 2000--Project Commences

All offers timely received that meet the offer submittal instruction requirements will be reviewed by a Technical Review Board, which will evaluate them based on the criteria included in this RFO. A short list will then be developed and those firms will be invited on or about June 23, 2000 to make an oral presentation to the Executive Review Board. Presentations are tentatively scheduled for June 29, 2000 at TYC Central Office in Austin, Texas. The Executive Review Board will evaluate the oral presentations, and will submit a recommendation to the Texas Youth Commission Board. Upon approval, TYC will negotiate a fee with the selected firm to provide the required services at compensation that is within statutory limits and which TYC determines to be fair and reasonable.

NOTE: These dates represent a tentative schedule of events. TYC reserves the right to modify these dates at any time, with appropriate notice to prospective offerors.

1.5 Background Information

Texas Youth Commission provides for the care, custody, rehabilitation, and reestablishment in society of persons who are committed by the court for having engaged in delinquent conduct under Title 3, the Juvenile Justice Code, of the Texas Family Code. Delinquent conduct is defined under the Juvenile Justice Code as a violation of a penal law punishable by imprisonment or confinement in jail. TYC operates secure institutional and community-based residential halfway house programs and provides supervision for youth upon their release to the community. In addition, TYC contracts with private sector providers for secure and community residential and nonresidential services.

Mission Statement

Protection--To protect the public and control the commission of unlawful acts by youth committed to the agency by confining them under conditions that emphasize their positive development, accountability for their conduct and discipline training. Productivity - To habilitate youth committed to the agency to become productive and responsible citizens through education and productive work.

Rehabilitation--To rehabilitate and re-establish in society youth committed to the agency through a competency-based program of resocialization.

Prevention--To study problems of juvenile delinquency, focus public attention on special solutions for problems, and assist in developing, strengthening, and coordinating programs aimed at preventing delinquency.

The agency's automated accounting system is an internally developed, on-line, real-time legacy mainframe system written in Model 204. Internally developed modules for student trust funds, warehouse inventory control and asset management have been added. The systems service 1,000+ users in 30+ facilities and field offices statewide.

The agency's current technical environment is based on the Microsoft Windows platform. The agency operates a LAN at each major agency location and minor locations are networked via a WAN System. All LAN/WAN systems operate with the TCP/IP protocol and most utilize Cisco based routers and switches. Currently all workstations are utilizing Microsoft Windows NT and have a minimum of a 166 mhz processor and 64 mb of ram. The servers are of various configurations and each is configured to provide a specific purpose (i.e., BDC, SQL, APPS, Shared, etc.).

2.0 TERMS, CONDITIONS AND EXCEPTIONS

This section of the RFO identifies the Terms and Conditions associated with this procurement. The offeror's signature on Appendix A: Compliance with Terms and Conditions is an assurance of compliance with all provisions stated in this RFO.

2.1 General

The content of this RFO will become a part of the written contract between TYC and the awarded vendor. Exceptions to any of the requirements in the RFO must be specifically noted and explained by the offeror as a condition to becoming part of the subsequent contract. The contract between the parties will consist of a written contract, the RFO (including appendices) together with any modifications thereto, the offeror's initial offer, the offeror's best and final offer, together with any modifications and clarifications thereto that are submitted at the request of TYC during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence; the final executed contract, the RFO, any modifications and clarifications to the awarded vendor's offer, and the awarded vendor's offer. Specific exceptions to this general rule may be noted in the final executed contract. The contract may be amended only in writing and by mutual agreement.

This RFO does not commit TYC to award a contract. TYC reserves the right to reject all offers, and at its discretion, may withdraw or amend this RFO at any time.

TYC may, by written notice, revise and amend the solicitation prior to the due date for the offer. If, in the opinion of TYC, revisions or amendments will require substantive changes in offers, the due date may be extended.

TYC reserves the right to reject any and all offers received, for specific reasons, which include, but are not limited to, non-compliance with RFO requirements.

Responses to this RFO will be the primary source of information used in the evaluation process. Therefore, each offeror is requested and advised to be as complete as possible in its response. However, TYC reserves the right to contact any offeror to clarify any response.

It is understood and agreed that this bid/offer shall constitute an offer, which when accepted in writing by Texas Youth Commission, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the State of Texas.

Bid/offer preparation expense: Any expense related to the submission of a bid/offer is the sole responsibility of the bidder/offeror. The State will not reimburse bidders/offerors for any cost related to bid/offer preparation or submission.

Late bids/offers will not be considered under any circumstances.

The State reserves the right to accept or reject all or any part of a bid/offer, waive minor technicalities and make an award in the best interest of the State.

Bids/offers do not become contracts until a signed Notice of Award is issued.

The contract shall be governed, construed and interpreted under the laws of the State of Texas.

TYC shall be the sole judge of "the best interest of the State."

A contract may be canceled without the consent of the vendor for failure to meet contractual obligations.

HUB Subcontracting Program-Good Faith Effort - State agencies are required to make a good faith effort to assist Historically Underutilized Businesses (HUBs) in receiving contract awards issued by the state, reference Texas Government Code Ann. Title 10, Subtitle D, Chapter 2161 (formerly Texas Revised Civil Statute Annotated Article 601b). The goal of this program is to promote fair and competitive business opportunities for all businesses contracting with the State of Texas. The desired HUB goal for this service is 33% HUB participation.

Bid/offer must be manually signed or it will be disqualified. The person signing the bid/offer must have authority to bind the represented company to a contract. An unsigned bid/offer cannot be signed after submission.

Warning: Any added terms or conditions may result in disqualification of a bid/offer, e.g., bid/offer subject to laws of a state other than Texas, requirement for prepayment, limitations on remedies, etc.

2.2 Personnel

The awarded vendor shall warrant that all persons assigned to the project shall be employees or subcontractors of the offeror, and shall be fully qualified to perform the work required herein.

Personnel commitments made in the awarded vendor's offer shall not be changed without the prior written approval of TYC. Replacement of key personnel, if approved by the TYC, shall be with personnel of equal or greater ability and qualifications.

2.3 Conflict of Interest

Prior to award of any contract, the awarded vendor shall certify in writing, if requested by the TYC, that no relationship exists between the awarded vendor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the awarded vendor and another person or organization that constitutes a conflict of interest with respect to a state contract.

The awarded vendor shall provide assurances that it presently has no interest and shall not acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder. The awarded vendor shall also provide assurances that no person having any such known interests shall be employed during the performance of this contract.

2.4 Offer Preparation Costs

TYC shall not incur any liability for any costs incurred by offerors in replying to this RFO.

2.5 Assignment by the Awarded Vendor

The awarded vendor shall not assign or transfer any interest in the contract without the prior written consent of TYC.

2.6 Governing Law

The contract shall be governed in all respects by the laws and statutes of the State of Texas. Unless otherwise mutually agreed, venue will be Travis County, Texas.

2.7 Force Majeure

The awarded vendor shall not be liable for any excess cost to TYC if a failure to perform the contract arises from causes beyond the control and without the fault or negligence of the awarded vendor. Such causes may include, but are not limited to, acts of God, fire, strikes, epidemics and quarantine restriction. The awarded vendor shall take all possible steps to recover from such occurrences.

2.8 Payment Information

Terms of payment shall be in accordance with Chapter 2251 Texas Government Code.

Payments will be processed on a monthly basis using actual hours worked by consulting staff. The awarded vendor is responsible for submitting invoices for services rendered in an accurate and timely manner. The invoices will identify consultant names, hours worked by workplan task, fully-loaded fixed hourly rates, and extended amounts by task and total, and contract/purchase order number reference.

Payment to vendors will occur 30 days after the delivery date or of receipt of invoice, whichever is later.

2.9 Indemnity

The awarded vendor agrees to indemnify and hold TYC harmless against any and all claims for damages, costs, and expenses to persons or property that may arise or be occasioned by any negligent act or omission of awarded vendor or any officer, agent, servant, employee, or associate of the awarded vendor in the execution or performance of this agreement.

2.10 Confidentiality

All materials and information provided by TYC or acquired by the awarded vendor on behalf of TYC shall be regarded as confidential information in accordance with Federal and State law, and ethical standards. The awarded vendor must ensure the confidentiality of such materials or information.

No employee or subcontractors of the awarded vendor may participate in any aspect of this project until he or she has signed a confidentiality statement and it has been delivered to TYC. The confidentiality statements will survive the completion of the project and completion of the contract executed in connection with this RFO. Confidentiality statements will be presented to the awarded vendor upon contract execution.

2.11 Severability Provision

If any term or condition of this RFO is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the RFO did not contain the particular provision held to be invalid.

2.12 Proprietary Information

Data contained in the offer and all documentation provided therein becomes the property of Texas Youth Commission and the data becomes public information upon final award. Proprietary information must be submitted in a separate package and clearly marked so.

2.13 Required Disclosures

Each offeror must include in its offer a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the offeror or in which the offeror has been judged guilty or liable. This is a continuing disclosure requirement. Specifically, for the period ending on the date of termination of the contract resulting from this RFO, any litigation or investigation must be disclosed in a written statement to TYC within fifteen (15) days of its occurrence. Failure to comply with the terms of this provision will disqualify any offer, and/or serve as grounds for termination of the contract entered into with respect to this project. TYC reserves the right to reject any offer based upon the offeror's prior history with the TYC or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

2.14 Changes

TYC may, from time to time, require changes in the scope of the services of the awarded vendor to be performed hereunder. Such changes, which are mutually agreed upon by and between TYC and the awarded vendor, shall be incorporated in written amendment to this agreement.

2.15 Exceptions to Terms and Conditions

Offerors are expected to closely read the Terms and Conditions documented within this RFO and provide a binding signature of intent to comply with such terms and conditions in Appendix A: Compliance with Terms and Conditions. Additionally, the offeror must clearly identify any exceptions to the Terms and Conditions identified. All exceptions must be explicitly identified by sub-section number, include an explanation as to why the offeror cannot comply with the specific Term or Condition, and a statement recommending Terms and Conditions the offeror would find acceptable. It is mandatory that a completed Appendix A be included in the submitted offer.

Any Term or Condition not explicitly listed as an exception by the offeror will be considered acceptable. If no exceptions to the Terms and Conditions are explicitly identified in the offeror's response, all Terms and Conditions included in this RFO are considered acceptable.

2.16 Technology Access Clause

The vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to the qualified ordering entity that the technology provided to the qualified ordering entity for purchase is capable of, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

1. providing equivalent access for effective use by both visual and nonvisual means;

2. presenting information, including prompts used for interactive communications, in formats intended for nonvisual use, and

3. being integrated into networks for obtaining, retrieving and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays and customizable display appearance.

2.17 Bidder/Offeror Affirmation Clauses

The bidder/offeror has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted bid/offer.

The bidder/offeror is not currently delinquent in the payment of any franchise tax owed to the State of Texas.

Neither the bidder/offeror or the firm, corporation, partnership, or institution represented by the bidder/offeror, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of the State or the Federal Antitrust Laws nor communicated directly or indirectly the bid/offer made to any competitor or any other persons engaged in such line of business.

The bidder/offeror has not received compensation for the participation in the preparation of the specifications for this IFB.

Under §231.006, of the Family Code (relating to child support) the bidder/offeror certifies that the individual or business entity named in this bid/offer is not eligible to receive the specified payment and acknowledges that this contract may be terminated and/or payment may be withheld if certification is inaccurate. Bid/offer must include name and social security number of each person with at least 25% ownership of the business entity submitting the bid/offer. Bidders/offerors that have pre-registered this information on the GSC Centralized Master Bidders List have satisfied this requirement.

Under §2155.004 of the Texas Government Code (relating to the collection of state and local sales and use taxes) the bidder/offeror certifies that the individual or business entity named in the bid/offer is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

The contractor shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of contractor or agent, employee, subcontractor, or supplier of contractor in the execution or performance of this contract.

In accordance with Texas Government Code Annotated §403.055(h) that "any payments owing to the contractor under this contract will be applied toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the Comptroller administers or collects until the indebtedness or delinquency is paid in full."

2.18 Standard Clause

Note to Bidder/Offeror--any terms and conditions attached to a bid/offer will not be considered unless specifically referred to on this bid/offer form and may result in disqualification of the bid/offer.

2.19 Texas Resident Affirmation Clause

By signing this bid/offer, bidder/offeror certifies that if a Texas address is shown as the address of the bidder/offeror, bidder/offeror qualifies as a Texas Resident Bidder as defined in GSC Rule 1 TAC §111.2.

2.20 Funding Out Clause

This contract is subject to cancellation, without penalty, either in whole or in part if funds are not appropriated by the Texas Legislature.

2.21 Dispute Resolution

The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, by Texas Youth Commission and the Contractor to attempt to resolve any claim for breach of contract made the contractor. The submission, processing and resolution of the contractor's claim is governed by the published rules adopted by TYC pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

2.22 Texas Government Code Annotated §2155.004, Government Code

A bid/offer or award is subject to the requirements of this section. Vendor must certify that the individual or business entity named in this bid/offer or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. If suggested vendor is foreign (not a Texas entity), vendor must certify that it is not subject to state and local taxes. A signed and dated statement that vendor does not sell tangible personal property or services that are subject to the state and local sales and use taxes. If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded, the state agency may immediately terminate the contract without further obligation to the vendor. If this certification is shown to be false, the vendor is liable to the state for attorney's fees, the costs necessary to complete the contract including the cost of advertising and awarding a second contract, and any other damages provided by law or contract. (Appendix B)

A corporation that is delinquent in a tax owed the state under Chapter 171, Tax Code, may not be awarded a contract by the state or any agency of the state and may not be granted a permit or license by the state or any agency of the state.

3.0 OFFER SUBMITTAL INSTRUCTIONS

3.1 Submittal Procedure

Offerors shall submit offers in accordance with the requirements outlined in this document. The offers are required to address all aspects of this RFO. Five copies of the offer, including one original master copy, signed in ink, are to be submitted to:

Mail to:

Cynthia Ellis

Finance Department

Texas Youth Commission

P.O. Box 4260

Austin, Texas 78765

or deliver to:

Texas Youth Commission

4900 North Lamar

Second Floor Human Resource Receptionist

Austin, Texas 78751

Clearly marked to the attention of: Cynthia Ellis, Finance Department

The master copy must be clearly marked "Master Copy". No fax offers will be accepted.

Packages/boxes containing the RFO's should be clearly marked as follows:

Request for Offer No. CO-11-00-RFO

FINANCIAL AND PROCUREMENT SYSTEMS STRATEGIC PLANNING CONSULTING SERVICES

Offers must be received by 3:00 p.m. Central Standard Time, 06/20/2000. Offers received after this deadline will not be considered. Offerors may submit their offer any time prior to the above stated deadline.

3.2 Offer Format

Offers submitted in response to this RFO must comply with the following format.

3.2.1 Letter of Transmittal

The letter of transmittal should be limited to two pages and must include:

- A brief statement of the offeror's understanding of the work to be done;

- The names, titles, addresses, and telephone numbers of the individuals who are authorized to make representations on behalf of the offeror;

- A statement that the person signing the transmittal letter is authorized to legally bind the offeror;

- Signature of person(s) authorized to legally bind the offeror;

- A statement that this offer and the price contained therein shall remain firm for a period of 240 days from contract award; and

- A statement indicating which vendor, if multiple vendors are offering jointly, intends to act as prime point of contact for offer evaluation questions and the delivery and maintenance of the vendor's proposed offerings.

3.2.2 Title Page

The title page must include:

FINANCIAL AND PROCUREMENT SYSTEMS STRATEGIC PLANNING

CONSULTING SERVICES

RFO No. CO-11-00-RFOF

Name and address of the offeror.

3.2.3 Table of Content

A table of contents should be included to reference offer contents by section to the appropriate pages.

3.2.4 Executive Summary

The executive summary should be limited to no more than five (5) pages and must provide a concise summarization of the services being offered to meet TYC needs, the offeror's approach to providing the services, and documentation as to why the offeror is best qualified to perform this engagement.

3.2.5 References

Vendor must provide three references, as vendor provided attachments, that are firms or other entities to which the offeror provided similar services relating to those being offered. Each reference must include the name of the firm or entity, the name and telephone number of an individual that is knowledgeable of the services being referenced, the name or other identifying information of the project, and the period during which the referenced services were provided. Failure to provide the required references may result in that vendor's offer being disqualified from consideration for an award resulting from this solicitation.

3.2.6 Qualifications and Personnel

Vendor must provide, in a narrative form, information responding to the following for each person being proposed to perform the work:

- Experience with the State of Texas Uniform Statewide Accounting System (USAS) preferred;

- Experience in operating in the financial sector with Texas government preferred;

- Project management experience;

- Professional accounting experience;

- Project management experience in implementing a financial system in the State of Texas preferred. Vendor must provide, as an attachment, the name of the person(s) being proposed to perform the work.

3.2.7 Task Summary

Offerors must provide a written proposed summary of tasks to be performed and resources with total number of hours allocated to each task as it relates to the scope of work. The final task is not considered complete until the final report is received by TYC. Offerors shall provide two samples of previous work products they have performed that will support their knowledge, experience and training relating to the tasks included in Section 1.2. When providing supporting materials, Offerors must indicate which of the above tasks that the document supports.

3.2.8 Cost Proposal

Offerors must provide the total estimated number of hours to complete the project and the total estimated cost to complete the project. Offerors must provide hourly rates for the staff being proposed to perform the services identified in this RFO. The hourly rates should be fully loaded to include travel (not to exceed State of Texas travel rates) and other out-of-pocket expenses.

3.3 Contract Term

The term of the contract shall begin on the date of award and end no later than 180 days after the contract award date. It is further agreed and understood that TYC reserves the right to extend the contract period covered by any contract award, resulting from this bid/offer a maximum of 90 days beyond the normal expiration date of such contract.

4.0 EVALUATION CRITERIA

TYC intends to award the contract to the vendor whose offer reflects the best value for TYC. All offers will be consistently evaluated by an independent evaluation committee comprised solely of representatives of TYC in accordance with the following criteria:

Proposed consultants' professional accounting knowledge and experience;

Proposed consultants' experience with public sector financial systems;

Proposed consultants' experience with Texas public sector financial systems;

Proposed consultants' experience in performing requirements studies and developing requests for offer for financial systems for public sector entities;

Proposed consultants' experience in software evaluation and contract negotiations;

Proposed consultants' experience in independent project management and quality assurance in a government environment;

Vendor's project management approach;

Vendor's objectivity and independence;

Quality of references, and;

Total cost.

FORM:

Appendix A

Compliance with Terms and Conditions

By signing below, your firm agrees to provide the services described herein and agrees to abide by all the terms and conditions as specified in this document. Any exceptions taken to the terms and conditions as set forth in this document must be identified by sub-section number, include an explanation as to why the offeror cannot comply with the specific Term or Condition, and a statement recommending Terms and Conditions the offeror would find acceptable. Any exceptions not identified will not be considered.

Vendor: ---

Signature of Authorized Representative ---

Printed Name of Authorized Representative: ---

Title of Authorized Representative: ---

Date: ---

Exceptions ---

FORM:

Appendix B

This certification is to be completed by vendor and signed by person who is authorized to do so.

Texas Youth Commission Requisition Number:

CERTIFICATION OF NON TAXABLE GOODS

I certify that (Business Name):-------, Tax ID #--------, does not sell tangible personal property or services that are subject to the state and local sales and use taxes. Signature:--------Title:-------Date:

Under §2155.004 of the Texas Government Code, the bidder/offeror certifies that the individual or business entity in the bid/offer is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

In accordance with Texas Government Code Annotated §403.055(h) that "payment owing to the contractor under this contract will be applied toward elimination of the contractor's indebtedness to the state, delinquency in payment of taxes to the state, or delinquency in payment of taxes that the Comptroller administers or collects until the indebtedness or delinquency is paid in full."

TRD-200003336

Steve Robinson

Executive Director

Texas Youth Commission

Filed: May 11, 2000