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
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
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
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
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
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
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
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
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
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
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
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
[graphic]
TRD-200003413
Ann Dillon
General Counsel
General Services Commission
Filed: May 16, 2000
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,
(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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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 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 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 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
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
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
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
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
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
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
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
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
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,
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
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
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
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
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
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
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
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
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: 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
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
Office of the Attorney General
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Court Reporters Certification Board
Credit Union Department
Application(s) to Expand Field of Membership
Notice of Final Action Taken
Texas Council for Developmental Disabilities
Texas Forest Service
General Services Commission
Petition to Add Products and/or Services to the QISV Eligible Items List
Request for Comments on Guidelines for Automated Information Systems
Texas Department of Health
Correction of Error
Designation of Federal Correctional Complex/UTMB Managed Care as a Site Serving Medically Underserved Populations
Licensing Action for Radioactive Materials
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
Texas Department of Housing and Community Affairs
Notice of 2000 Texas Community Development Program Grant Awards
Notice of 2000 Texas Community Development Program Grant Awards
Texas Department of Insurance
Notice of Public Hearing
Third Party Administrator Applications
Texas Lottery Commission
Instant Game Number 188--"On a Roll"
Texas Natural Resource Conservation Commission
Invitation to Comment - Notice of Availability of the Draft April 2000 Update to the Water Quality Management Plan for the State of Texas
Notice of Application for Conversion of a Water Supply Corporation to a Special Utility District
Notice of District Creation
Public Notice
Texas State Superfund Registry
Public Utility Commission of Texas
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application Pursuant to P.U.C. Substantive Rule §26.208
Notice of Application Pursuant to P.U.C. Substantive Rule §26.208
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Workshop to Amend P.U.C. Substantive Rules §§25.211 and 25.212
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Workshop on Capacity Auctions Rulemaking
Southwest Texas State University
Consultant Contract Extension
The University of Texas System
Request for Information (Health Law and Contracting)
Request for Information (Intellectual Property)
Request for Information (Tax-Exempt Bond)
Request for Information (FCC)
Texas Department of Transportation
Public Notice of DEIS
Texas Workforce Commission
Texas Youth Commission