Texas State Affordable Housing Corporation
Notice of Public Hearing
TEXAS STATE AFFORDABLE HOUSING CORPORATION MULTIFAMILY HOUSING REVENUE
BONDS (WHAC ALLIANCE DEVELOPMENT) SERIES 2001
Notice is hereby given of a public hearing to be held by the Texas State
Affordable Housing Corporation (the "Issuer") on May 3, 2001 at 11:30 a.m.,
at the Austin History Center, 810 Guadalupe St., Reception Room, Austin, Texas,
78701, with respect to an issue of multifamily housing revenue bonds (the
"Bonds") to be issued by the Issuer in one or more series in the aggregate
amount not to exceed $130,000,000, the proceeds of which will be loaned to
WHAC Alliance LLC, an Internal Revenue Code Section 501(c)(3) corporation,
to finance the acquisition and rehabilitation of ten separate multifamily
housing projects (collectively, the "Projects") located in the cities of Amarillo,
Austin, Corpus Christi, Houston, Lubbock, San Antonio, Temple, Texas. The
public hearing, which is the subject of this notice, will concern the Lakeview
Apartments containing 504 units, located at 2401 S. Lakeshore Blvd., Austin,
Texas 78741. The Projects will be owned by WHAC Alliance LLC.
All interested parties are invited to attend such public hearing to express
their views with respect to the Projects and the issuance of the Bonds. Questions
or request for additional information may be direct to Daniel C. Owen at the
Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin,
Texas 78703; 1-888-638-3555 ext. 404.
Persons who intend to appear at the hearing and express their views are
invited to contact Daniel C. Owen in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Daniel C. Owen prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555,
ext.417 through Relay Texas at 1-800-735-2989 at least two days before the
meeting so that appropriate arrangements can be made.
Individuals who require child care to be provided at this meeting should
contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days
before the meeting so that appropriate arrangements can be made.
Individuals may transmit written testimony or comments regarding the subject
matter of this public hearing to Daniel Owen at dowen@tsahc.com.
TRD-200102180
Barbara Jantz
Vice President
Texas State Affordable Housing Corporation
Filed: April 17, 2001
Texas Health and Safety Code Notice of Settlement of State Superfund Claim
Notice is hereby given by the State of Texas of the following proposed
resolution of a claim for response costs under the State Superfund provisions
of the Texas Health & Safety Code. The State of Texas, on behalf of the
Texas Natural Resource Conservation Commission, has reached an agreement with
Southern Pacific Transportation Company, St. Louis Southwestern Railway Company,
Union Pacific Transportation Company, SP Environmental Systems, Inc., Industrial
Compliance, Chickasha Cotton Oil Company, Tomen Corporation and Tomen America,
Inc.(the "Settling Defendants") to resolve the Settling Defendants' liability
to the State for natural resource damages and response costs incurred by the
TNRCC arising from the release and threatened release of hazardous substances
from the Hi-Yield State Superfund Site, Commerce, Texas. The Attorney General
will consider any written comments received on the settlement within 30 days
of the date of publication of this notice.
Case Title and Court: Southern Pacific Transportation Company v. Texas
Water Commission, Travis County District Court, 167th Judicial District, No.
92-06288.
Under the proposed settlement, the State will receive $300,000 in past
response costs related to the Hi-Yield State Superfund Site. The State was
previously reimbursed $2,564,000 for past response costs by other Potentially
Responsible Parties.
Public Comment: The Office of the Attorney General will receive comments
relating to the proposed settlement for 30 days following publication of this
Notice. Comments should be addressed to Albert M. Bronson, Assistant Attorney
General, Natural Resources Division, P.O. Box 12548, Austin, TX 78711-2548
and should refer to the Hi-Yield State Superfund Site. The proposed settlement
agreement may be examined at the Office of the Attorney General, 300 West
15th Street, 10th Floor, Austin, Texas by appointment A copy of the proposed
Consent Decree may be obtained by mail from the Office of the Attorney General.
In requesting a copy, please enclose a check for reproduction costs of $5.00
for the agreement, payable to the State of Texas.
For information regarding this publication, please call A.G. Younger at
(512) 463-2110.
TRD-200102116
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 13, 2001
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under 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 v. Lincoln
M. LaCour, Individually and d/b/a A&M Recycling, Adrian LaCour, and Paten
Bell, Case No. 2000-57895, in the District Court of Harris County, Texas,
133rd Judicial District
Nature of Defendants' Operations: Defendant, Lincoln M. LaCour, operates
an unpermitted municipal solid waste facility located at 9009 East Mt. Houston
Road, in Harris County. In this suit Harris County and the State, as a necessary
and indispensable party, contend that Defendant Lincoln LaCour was in violation
of the Texas Solid Waste Disposal Act and rules of the Texas Natural Resource
Conservation Commission ("TNRCC") regarding the unlawful storage, processing
or disposing of municipal solid waste.
Proposed Agreed Judgment: The judgment permanently enjoins Defendant Lincoln
LaCour from causing, suffering, allowing, or permitting any activity of storage,
processing, or disposal of any municipal solid waste at the site unless he
has obtained authorization from the TNRCC. The judgment further provides for
specific actions Defendant Lincoln LaCour is to take with regard to certain
materials already at the site. The judgment provides for $15,000.00 in penalties
and $2,000.00 in attorney's fees.
For a complete description of the proposed settlement, the actual proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Liz
Bills, 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.
For information regarding this publication, please call A.G. Younger at
(512) 463-2110.
TRD-200102115
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: April 13, 2001
Biweekly Report Of The 2001 Private Activity Bond Allocation Program
The information that follows is a report of the 2001 Private Activity Bond
Allocation Program for the period of March 31, 2001 through April 13, 2001.
Total amount of state ceiling remaining unreserved for the $325,809,688
subceiling for qualified mortgage bonds under the Act as of April 13, 2001:
$112,791,708
Total amount of state ceiling remaining unreserved for the $143,356,262
subceiling for state-voted issue bonds under the Act as of April 13, 2001:
$143,356,262
Total amount of state ceiling remaining unreserved for the $97,742,906
subceiling for qualified small issue bonds under the Act as of April 13, 2001:
$94,742,906
Total amount of state ceiling remaining unreserved for the $215,034,394
subceiling for residential rental project bonds under the Act as of April
13, 2001: $7,549,394
Total amount of state ceiling remaining unreserved for the $136,840,069
subceiling for student loans bonds under the Act as of April 13, 2001: $31,840,069
Total amount of state ceiling remaining unreserved for the $384,455,431
subceiling for all other issue bonds under the Act as of April 13, 2001: $23,855,431
Total amount of the $1,303,238,750 state ceiling remaining unreserved under
the Act as of April 13, 2001: $414,135,770
Following is a comprehensive listing of applications, which have received
a Certificate of Reservation pursuant to the Act from March 31, 2001 through
April 13, 2001:
Issuer: TDHCA
User: Cobb Park Townhomes
Description: Multifamily Residential Rental Project--Cobb Park Townhomes
Amount: $7,500,000
Following is a comprehensive listing of applications, which have issued
and delivered the bonds and received a Certificate of Allocation pursuant
to the Act from March 31, 2001 through April 13, 2001:
Issuer: Port of Port Arthur Navigation District of Jefferson County, Texas
User: Motiva Enterprises LLC
Description: All Other Issue--Port Arthur, Texas
Amount: $25,000,000
Following is a comprehensive listing of applications, which were either
withdrawn or cancelled pursuant to the Act from March 31, 2001 through April
13, 2001: None
Following is a comprehensive listing of applications, which released a
portion or their entire reserved amount pursuant to the Act from March 31,
2001 through April 13, 2001: None
For a more comprehensive and up-to-date summary of the 2001 Private Activity
Bond Allocation Program, please visit the website (www.brb.state.tx.us). If
you have any questions or comments, please contact Steve Alvarez, Program
Administrator, at (512) 475-4803 or via email at alvarez@brb.state.tx.us.
TRD-200102211
Steve Alvarez
Program Administrator
Texas Bond Review Board
Filed: April 18, 2001
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of March 9, 2001, through March 29, 2001. The public comment
period for these projects will close at 5:00 p.m. on April 30, 2001.
Applicant: Sabco Operating Company; Location: The project site is located
in Corpus Christi Bay, Nueces County, Texas. The site location can be found
on the U.S.G.S. quadrangle map entitled Portland, Texas. Approximate UTM Coordinates:
Zone 14; Easting: 661,708; Northing: 3,075,220. CCC Project No.: 01-0099-F1;
Description of Proposed Action: The applicant proposes to drill an oil well
and install pipelines under the recently advertised Oil Field Development
Permit 22174. The applicant proposes to drill Well #7 in State Tract 53 and
install three pipelines from Well #7 to a production platform in State Tract
49. Type of Application: This application is being evaluated under Section
10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water
Act.
Applicant: The George R. Brown Partnership; Location: The project site
is located approximately 500 feet north of Star Bayou in wetlands adjacent
to the Neches River at the East Beaumont Townsite Tract 3 in Orange County,
Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Beaumont East, Texas. Approximate UTM Coordinates: Zone 15; Easting: 400000;
Northing: 3327800. CCC Project No.: 01-0103-F1; Description of Proposed Action:
The applicant proposes to expand an existing 200-foot by 200-foot well pad
to 240-foot by 350-foot Well Site 14-A. Approximately 4,889 cubic yards of
clean fill will be imported for the pad and to create the perimeter levee.
The fill will impact approximately 1 acre of emergent marsh. Type of Application:
This application is being evaluated under Section 10 of the Rivers and Harbors
Act of 1899 and Section 404 of the Clean Water Act.
Applicant: Louie's Backyard Restaurant, Inc.; Location: The project is
located at 2305 Laguna Boulevard, South Padre Island, in Cameron County, Texas,
on the Thompkins Channel of the Laguna Madre. The project site can be located
on the U.S.G.S. quadrangle map entitled Port Isabel, Texas. Approximate UTM
Coordinates: Zone 14; Easting: 683140; Northing: 2887980. CCC Project No.:
01-0104-F1; Description of Proposed Action: The applicant proposes to amend
Department of the Army (DOA) permit 17416 to add a two-story, 60 foot long
by 35 foot wide wood deck adjacent to an existing wood deck to increase dining
space for a restaurant. Type of Application: This application is being evaluated
under Section 10 of the Rivers and Harbors Act of 1899.
Applicant: City of La Porte; Location: The project site is located on the
south side of the mouth of Little Cedar Bayou and Galveston Bay. The project
can be accessed by Broadway at Little Cedar Bayou Park, approximately 0.5
miles downstream of the park entrance. The project can be located on the U.S.G.S.
quadrangle map entitled LaPorte, Texas. Approximate UTM Coordinates: Zone
15; Easting: 305000; Northing: 3280800. CCC Project No.: 01-0105-F1; Description
of Proposed Action: The Little Cedar Bayou Shoreline Stabilization Project
includes the construction of four wave barrier/groins, approximately 318 feet
in total length, to protect the eroding southern shoreline of Little Cedar
Bayou. The southeastern shoreline located outside of the last groin and the
northern shoreline will be stabilized with concrete rip-rap. The groins will
vary in length from 32.7 feet to 111.3 feet. Type of Application: This application
is being evaluated under Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act.
Applicant: The Nature Conservancy of Texas; Location: The project site
is located in Moses Lake adjacent to the Nature Conservancy's Texas City Prairie
Preserve property, approximately 3,900 feet northeast of the Highway 146 bridge
over Moses Bayou in Texas City, Galveston County, Texas. The project can be
located on the U.S.G.S. quadrangle map entitled Texas City, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 311189; Northing: 3257028. CCC Project
No.: 01-0106-F1; Description of Proposed Action: The applicant proposes to
create a 3,782-foot berm to protect the existing marsh along the north shoreline
of Moses Lake from wave action. The berm will be constructed using dredged
material obtained from the dredging of an adjacent barge access channel. The
barge channel will be approximately 40 feet wide, 4,322 feet long, and 2.5
feet deep. The 16,640 cubic yards of dredged material will be utilized to
create an approximately 36-foot-wide, (with a 7-foot crest) marsh berm. Type
of Application: This application is being evaluated under Section 10 of the
Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.
Applicant: Edridge Construction; Location: The project site is located
on the Sabine Pass Ship Channel at 5121 South First Avenue, at Station 210+00,
in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: Sabine Pass, Texas. Approximate UTM Coordinates: Zone 15; Easting:
413532; Northing: 3290153. CCC Project No.: 01-0107-F1; Description of Proposed
Action: The applicant proposes to expand its existing offshore rig refurbishing
facility by constructing a dredge disposal site and additional buildings,
and by dredging an access canal from the Sabine River. The proposed project
will fill approximately 9.0 acres of wetlands to expand the facility for the
dredged material disposal proposal area, buildings, parking area, and a storage
area. A channel located south of the project area will be dredged to 125 feet
long and 125 feet wide. Type of Application: This application is being evaluated
under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of
the Clean Water Act.
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. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700
North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us.
Comments should be sent to Ms. Garcia at the above address or by fax at (512)
475-0680.
TRD-200102220
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: April 18, 2001
Revised Notice of Intent to Amend Consultant Contract
Notice of Amendment: Pursuant to Chapter 2254, Chapter B, and §403.020,
Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces
this notice of intention to amend and increase an existing consulting contract.
The Comptroller issued its Request for Proposals (RFP) from qualified,
independent firms to provide consulting services to Comptroller to assist
Comptroller in conducting management and performance reviews of the San Angelo,
Christoval, Grape Creek, Veribest, Wall and Water Valley Independent School
Districts (Districts). The RFP was issued on January 5, 2001. The notice of
request for proposals (RFP #118a) was published in the January 5, 2001 issue
of the
Texas Register
at (26 Tex Reg 902).
The Notice of Award was published in the Friday, March 16, 2001 issue of the
The contract was awarded to: Gibson Consulting Group, Inc., P.O. Box 163356,
Austin, Texas 78716-3356. The total amount of the original contract is not
to exceed $399,100.00. The total amount of the amended contract, with the
increase of $14,850.00, is $413,950.00. The project will culminate in final
reports due no later than August 31, 2001.
The term of the amended contract will remain March 5, 2001 through August
31, 2001.
For further information, please contact: William Clay Harris, Assistant
General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St.,
ROOM G-24, Austin, Texas, 78774, telephone number: (512) 936-5854, fax: (512)
475-0973, or by e-mail at contracts@cpa.state.tx.us
TRD-200102214
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: April 18, 2001
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, Texas Finance Code
The weekly ceiling as prescribed by §303.003 and §303.009 for
the period of April 23, 2001 - April 29, 2001 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 April 23, 2001 - April 29, 2001 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of May
1, 2001 - May 31, 2001 is 10% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed by §304.003 for the period of May
1, 2001 - May 31, 2001 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-200102177
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 17, 2001
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 Tuboscope Employees Credit
Union, Houston, Texas. The proposed new name is Varco Employees 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-200102218
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 18, 2001
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from Tuboscope Employees Credit Union, Houston,
Texas to expand its field of membership. The proposal would permit the permanent
employees of Varco International, Inc. and its subsidiaries who work in the
U.S. and Canada to be eligible for membership in the credit union.
An application was received from Star One Credit Union, Sunnyvale, California
to expand the field of membership of its branch office located in Austin,
Texas. The proposal would permit the employees of Facility Solutions Group
who work at or are paid or supervised from, or headquartered in Austin, Texas
to be eligible for membership in the credit union.
An application was received from Star One Credit Union, Sunnyvale, California
to expand the field of membership of its branch office located in Austin,
Texas. The proposal would permit the employees of Legerity, Inc. who work
at or are paid or supervised from, or headquartered in Austin, Texas to be
eligible for membership in the credit union.
An application was received from Star One Credit Union, Sunnyvale, California
to expand the field of membership of its branch office located in Austin,
Texas. The proposal would permit the employees of Tek Systems who work at
or are paid or supervised from, or headquartered in Austin, 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-200102217
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 18, 2001
In accordance with the provisions of 7 TAC §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 - Approved
First Central Credit Union, Waco, Texas - See
Texas Register
issue dated February 23, 2001
Federal Employees Credit Union, Texarkana, Texas (2 Applications) - See
County & Municipal Employees Credit Union, Edinburg, Texas - See
Application(s) to Amend Articles of Incorporation - Approved
Dallas Teachers Credit Union, Dallas, Texas - See
Texas Register
issue dated March 9, 2001
Credit Union Conversions - Approved
Fort Worth Federal Credit Union, Fort Worth, Texas
OmniAmerican Federal Credit Union, Fort Worth, Texas
TRD-200102219
Harold E. Feeney
Commissioner
Credit Union Department
Filed: April 18, 2001
Amendment to Request for Qualifications
An amendment pertaining to solicitation 696-FD-1-Q021 has been issued.
Please contact Connie West at (936) 437-7137 (email: connie.west@tdcj.state.tx.us)
or Brandee O'Neal at (936) 437-7130 (email: brandee.o'neal@tdcj.state.tx.us)
regarding the documents needed to include in any proposal submitted related
to the amendment.
TRD-200102253
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: April 19, 2201
Request for Proposal
The Deep East Texas Local Workforce Development Board is seeking a qualified
entity to provide inventory services, to include conducting the physical inventory
and providing software and hardware.
RFP release date: 8:00 a.m., Friday, April 13, 2001
Deadline for submission of proposals: 10:00 a.m. CDST, Thursday, May 31,
2001
Requests for copies of the RFP can be made to:
Chris Gaston, Procurement/Contract Manager
Deep East Texas Local Workforce Development Board, Inc.
1318 South John Redditt Drive, Suite C
Lufkin, Texas 75904
(936) 639-8898
FAX: (936) 633-7332
Email: chris.gaston@twc.state.tx.us
TRD-200102105
Charlene Meadows
Executive Director
Deep East Texas Workforce Development Board
Filed: April 12, 2001
Correction of Error
The State Board for Educator Certification proposed amendments to 19 TAC §241.40,
concerning Principal Certificate implementation dates. The rule appeared in
the March 30, 2001
Texas Register
(26 TexReg
2473).
On page 26 TexReg 2475, proposed new subsection (d) does not correctly
reference the new section heading for §241.20. The subsection should
read as follows.
(d) September 1, 2002 -- §241.20 of this title
(relating to Requirements for the First-Time Principal in Texas.
TRD-200102228
Planning Forum and Public Hearing
The Health and Human Services Commission (HHSC), in collaboration with
the Health and Human Services agencies and the Brazos Valley Council of Governments,
will conduct one of a series of statewide public hearings to receive public
comment on the development of the
Health and Human
Services Coordinated Strategic Plan
and to fulfill statutory local
planning requirements. The public hearing is required under §531.022(d)(4),
Government Code, and §531.036, Government Code, and is intended to produce
the following outcomes: (1) Increase local involvement and participation in
the planning process. (2) Provide feedback to local communities on statewide
and regional progress made on health and human services goals and strategic
priorities since the community forums in 1999. (3) Solicit input from the
communities on the effectiveness of current health and human services efforts.
(4) Update regional demographic information and needs profiles. (5) Assess
local capacity to address the strategic priorities. (6) Foster grass roots
support for/build community coalitions to improve health and human service
delivery in the area.
HHSC will conduct a planning forum immediately preceding each public hearing.
The planning forum is intended to provide the opportunity for public input
and participation. Agency clients and consumers of health and human services,
advocates, consumer advisors, local state agency representatives, local governmental
and non-governmental representatives, service providers and other interested
parties are encouraged to participate.
The planning forum will be held on May 15, 2001, from 9:30 a.m. to 3:30
p.m., Central Time, at the Brazos Center, 3232 Briarcrest Drive, Bryan, Texas.
The morning session will provide state and regional progress reports, needs
assessments and demographic information.
The afternoon session will provide break-out group activities for members
of the community to discuss specific strategic priorities that significantly
impact the Bryan area, such as children's medical and insurance needs, assistance
for working families, juvenile delinquency, long-term care, and specialized
needs of infants, children and senior citizens.
A public hearing to receive public comment will begin at 2:45 p.m. Testimony
and comments should focus on regional needs and suggestions for the most effective
ways to deliver and coordinate services funded by the state. Written comments
may be submitted to the Health and Human Services Commission until 5:00 p.m.,
Central Time, on May 15, 2001. Please address written comments to the attention
of Colleen Edwards at HHSC, 4900 North Lamar Blvd., 4th Floor, Austin, Texas
78751, Fax (512) 424-6590 or Email: colleen.edwards@hhsc.state.tx.us.
AGENDA
Morning Session (9:30)
I. Welcome and hearing overview
II. Presentation by HHSC state representative
III. Local presentations on local progress, needs assessments and demographics
Afternoon Session (12:45 p.m.)
I. Breakout Groups
II. Summary of Breakout Group Activities
Public Comment (2:45 p.m.)
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Angie Alaniz at (979) 775-4244, extension
107, by May 10, 2001 so that appropriate arrangements can be made.
TRD-200102225
Marina S. Henderson
Executive Deputy Commissioner
Health and Human Services Commission
Filed: April 18, 2001
HOME Investment Partnership Program Correction to Notice of Funding Availability
The Texas Department of Housing and Community Affairs (Department) did
not include the Homebuyer Assistance Program in the application procedures
and final filing section of the March 30, 2001
Texas
Register
issue, page 2560. Applications for the Homebuyer Assistance
Program are currently available on the Department's website
www.tdhca.state.tx.us
. You may also call (512) 475-3109 to request
an application on or after April 30,2001.
Hand delivered Homebuyer Assistance Program applications must be received
by 5:00 p.m. on June 11, 2001. Mailed Homebuyer Assistance Program applications
must be postmarked no later than June 11, 2001 and received at the HOME Program
office within three (3) calendar days of the June 11, 2001 deadline. Applications
will not be accepted by facsimile. Applicants must remit a non-refundable
application fee at the time of submission in the amount of $30.00 per application
to the Texas Department of Housing and Community Affairs. Please send a check,
cashier's check or money order; do not send cash.
The Department is authorized to waive application fees for nonprofit that
offer expanded services such as childcare, health services, nutrition programs,
job training assistance or human services. Nonprofits must include proof of
their exempt status in lieu of the application fee.
Applications mailed via the U.S. Postal Service must be mailed to:
TexasDepartment of Housing & Community Affairs
HOME Program
P.O. Box 13924, Suite #900
Austin, Texas 78711-3941
Physical Address:
507 Sabine
Austin, Texas 78701
Applications that do not meet the filing deadline requirements will be
returned to the applicant. Applications must be on forms provided by the Department
and these forms cannot be altered or modified by the applicant.
It is the applicant's responsibility to submit a clear, complete, and accurate
application and to meet the final deadline. In addition, the Department may,
in its sole discretion, request a clarification of information, provided that
such information does not affect the competitive rating and ranking of the
application or improve the substantive quality of the application. No information,
whether written or oral, will be accepted if the provision of such information
would result in a competitive advantage to the applicant or a competitive
disadvantage to other applicants.
The NOFA did not include the text of the various applicable regulatory
provisions that may be important to particular local HOME programs. For proper
completion of the application, the Department strongly encourages potential
applicants to review the State and federal regulations and to attend the application
training workshops.
TRD-200102221
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 18, 2001
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at the Denton City Hall
West, 221 North Elm Street, Denton, Texas 76201 at 6 p.m. on, May 14, 2001
with respect to an issue of tax-exempt multifamily residential rental project
revenue bonds in the aggregate principal amount not to exceed $14,100,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the "Bonds"), by the Texas Department of Housing and
Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned
to TX Bluffview Villas, L.P., (or a related person or affiliate thereof) (the
"Borrower") a limited partnership, to finance a portion of the costs of acquiring,
constructing and equipping a multifamily housing project (the "Project") described
as follows: 250-unit multifamily residential rental development to be constructed
on approximately 8.5 acres of land located at 1451 Meadows Street, Denton,
Denton County, Texas 76201. The Project will be initially owned and operated
by TX Bluffview Villas, L.P. (or a related person or affiliate thereof). The
Project will be initially managed by Southwest Housing Management.
All interested parties are invited to attend the public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or requests for additional information may be directed to Robert Onion at
the Texas Department of Housing and Community Affairs, 507 Sabine, Austin,
Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 800 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
TRD-200102216
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 18, 2001
The due date of April 27, 2001 published in the April 13, 2001 issue of
the
Texas Register
(26 TexReg 2878) was incorrect.
Proposals must be received at TDHCA headquarters no later than 5 p.m. on Friday,
TRD-200102197
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 17, 2001
SUMMARY
The Texas Department of Housing and Community Affairs ("TDHCA") is issuing
a request for proposals (RFP) from investment banking firms interested in
providing underwriting services to TDHCA from time to time as Senior Manager/Placement
Agent, Co-Senior Manager, Co-Manager or Selling Group Member for one or more
of its proposed single family mortgage revenue bond new issues and/or refundings.
TDHCA desires to revise its list of approved underwriters from which to select
its underwriting team for specific municipal bond issues as financing opportunities
arise. TDHCA reserves the right to select a team for any particular financing
project, from the approved list of Senior Managers/Placement Agents, Co-Senior
Managers, Co-Managers or Selling Group Members, with any combination or number
of participants.
Responses to the RFP must be received at TDHCA no later than
5:00 P.M. C.S.T. on Friday, May, 18, 2001
. To obtain a copy of the
RFP, please fax your request to the attention of Byron V. Johnson at (512)
475-3362 or visit the Bond Finance Division web page at www.tdhca.state.tx.us.
Firms that have responded to this RFP may be asked to make oral presentations
at a meeting of TDHCA's Board. In such event, those firms will be given not
less than three (3) business days notice along with the date, time, and place
of such oral presentation. The Board will give final approval to the selection
of firms.
TRD-200102210
Daisy Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 18, 2001
Announcement of Available Funds and Request for Proposals
Summary:
The Texas Department of Human Services
(DHS) announces the availability of funding for Targeted Assistance formula
grant funds from the federal Office of Refugee Resettlement (ORR) in the Department
of Health and Human Services. Targeted Assistance grants are designated for
use in Dallas, Tarrant, and Harris Counties because of the large number of
refugee arrivals in those counties. The amount of allocation for each area
is $1,396,186 for Dallas and Tarrant counties, and $1,026,839 for Harris County.
Consortium or collaborative arrangements are also welcome.
Legal Authorization:
The Refugee Act of 1980,
as amended (Public Law 96-212) and Title 45 of the Code of Federal Regulations
(CFR) parts 400 and 401, give the State the authority to contract with public
and private agencies for the provision of Targeted Assistance services. In
Texas, DHS is the single state agency responsible for the administration of
Targeted Assistance funds.
Funds will be awarded on a competitive basis to public and private agencies
that can demonstrate the greatest aptitude for effectively providing the requested
services to the target population in response to the Request For Proposals
(RFP). The target population consists of persons admitted to the United States
as "refugees" under Section 207 of the Immigration and Nationality Act (INA)
or granted asylum under Section 208 of the INA. Eligibility also includes
Cubans and Haitians under Section 501 of the Refugee Education Assistance
Act of 1980 (P.L. 96-422); Kurdish asylees under 8 CFR 274.12(a)(5) and 8
CFR 272.12(c0(11); and certain Amerasians from Vietnam who were admitted to
the U.S. as immigrants under Section 584 of the Foreign Operations, Export
Financing, and Related Appropriations Act of 1988. Eligible persons must possess
original Immigration and Naturalization Services (INS) documents that verify
admission status under one of the above laws. Services are restricted to persons
who have lived in the United States for five years or less.
Application Deadline:
PROPOSALS MUST BE RECEIVED,
NOT POSTMARKED, NO LATER THAN
5:00 P.M. CST, JUNE 15,
2001
.
Five copies of the proposal must be delivered, not faxed, to Gracie Serrato,
Texas Department of Human Services, Mail Code W-230, P.O. Box 149030, Austin,
Texas 78714- 9030. A copy of the RFP will be sent upon written request to
Gracie Serrato at the address listed above or FAX number (512) 438-5538.
TRD-200102212
Paul Leche
General Counsel
Texas Department of Human Services
Filed: April 18, 2001
Insurer Services
Application to change the name of WATERFORD INSURANCE COMPANY to NATIONWIDE
AFFINITY INSURANCE COMPANY OF AMERICA, a foreign life company. The home office
is in Columbus, Ohio. 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-200102098
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: April 11, 2001
Application to change the name of HERITAGE MUTUAL INSURANCE COMPANY to
ACUITY, A MUTUAL INSURANCE COMPANY, a foreign fire and casualty company. The
home office is in Sheboygan, Wisconsin.
Application to change the name of ALLEGIANCE INSURANCE COMPANY to HORACE
MANN PROPERTY & CASUALTY INSURANCE COMPANY, a foreign fire and casualty
company. The home office is in Ontario, California.
Application to change the name of BALTICA-SKANDINAVIA REINSURANCE COMPANY
OF AMERICA, INC. to ICM INSURANCE COMPANY, a foreign fire and casualty company.
The home office is in Lebanon, New Jersey.
Application to change the name of COVA FINANCIAL SERVICES LIFE INSURANCE
to METLIFE INVESTORS INSURANCE COMPANY, a foreign life company. The home office
is in St. Louis, Missouri.
Application for incorporation to the State of Texas by VALLEY GROUP HOSPITAL
SERVICE CORPORATION, a domestic life company. The home office is in Harlingen,
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-200102226
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: April 18, 2001
Enforcement Orders
A default order was entered regarding MIR ALI HAIDER AND MOON BUSINEES,
INC. DBA SUNNY'S CHEVRON, Docket No. 1999-0654-PST-E on April 10, 2001 assessing
$11,835 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SCOTT MCDONALD, Staff Attorney at (817) 588-5888, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200102209
Ladonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 18, 2001
In the March 9, 2001 issue of the
Texas Register
, the Texas Natural Resource Conservation Commission (commission) published
proposed amendments to 30 TAC Chapter 331, concerning Underground Injection
Control (26 TexReg 2004). The preamble to the proposal stated that the commission
must receive all written comments by 5:00 p.m., April 16, 2001. The commission
has extended the deadline for receipt of written comments to 5:00 p.m., May
7, 2001 for these proposed amendments.
Written comments should be mailed to Joyce Spencer, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087,
or faxed to (512) 239-4808. For further information on the proposed revisions,
please contact Ray Henry Austin at (512) 239-6814. Copies of the proposed
amendments can be obtained from the commission's Web Site at www.tnrcc.state.tx.us/oprd/rules/propadop.html.
TRD-200102213
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 18, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent
an Executive Director's Preliminary Report and Petition (EDPRP) to an entity
outlining the alleged violations; the proposed penalty; and the proposed technical
requirements necessary to bring the entity back into compliance, and the entity
fails to request a hearing on the matter within 20 days of its receipt of
the EDPRP. Similar to the procedure followed with respect to Agreed Orders
entered into by the executive director of the TNRCC pursuant to Texas Water
Code (TWC), §7.075, this notice of the proposed order and the opportunity
to comment is published in the
Texas Register
no later than the 30th day before the date on which the public comment period
closes, which in this case is
May 28, 2001
.
The TNRCC will consider any written comments received and the TNRCC may withdraw
or withhold approval of a DO if a comment discloses facts or considerations
that indicate that a proposed DO is inappropriate, improper, inadequate, or
inconsistent with the requirements of the statutes and rules within the TNRCC's
jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's
regulatory authority. Additional notice of changes to a proposed DO is not
required to be published if those changes are made in response to written
comments.
A copy of each of the proposed DOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Comments about the DO should be sent to the attorney
designated for the DO at the TNRCC's Central Office at P.O. Box 13087, MC
175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on May 28, 2001
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The TNRCC attorneys are available
to discuss the DOs and/or the comment procedure at the listed phone numbers;
however, comments on the DOs should be submitted to the TNRCC in
writing
.
(1) COMPANY: Alyna Inc.; DOCKET NUMBER: 1999-1221-PST-E; TNRCC ID NUMBER:
0004039; LOCATION: 9441 Country Creek Rd., Houston, Harris County, Texas;
TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: §115.242(3)(A),
and Texas Health and Safety Code (THSC), §382.085(b), by failing to equip
the fill tube adapter with the required gasket; PENALTY: $1,250; STAFF ATTORNEY:
James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE:
Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486,
(713) 767-3500.
(2) COMPANY: Bobby Armstrong; DOCKET NUMBER: 1999-1339-OSI-E; TNRCC ID
NUMBER: 14249; LOCATION: 1769 Farm Road 2123, Paradise, Wise County, Texas;
TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: §366.054,
and THSC, §285.58(a)(3), by failing to notify and obtain authorization
before installing an OSSF; §285.58(a)(6), and THSC, §366.004, by
constructing an OSSF that failed to meet the TNRCC minimum construction standards; §285.58(a)(11),
by failing to have the OSSF inspected and approved; §366.055(b), and §366.056(b),
by failing to have all OSSF deficiencies corrected, reinspected, and approved;
PENALTY: $1,125; STAFF ATTORNEY: Reynaldo De Los Santos, Litigation Division,
MC R-13, (210) 403-4016; REGIONAL OFFICE: Arlington Regional Office, 1101
East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.
(3) COMPANY: Douglas Bowser dba Bowser's Auto Body and Sales; DOCKET NUMBER:
2000-0110-AIR-E; TNRCC ID NUMBER: TA-3554-T; LOCATION: 1927 Robert's Cut-off
Road, River Oaks, Tarrant County, Texas; TYPE OF FACILITY: automotive repair
and sales shop (the Site); RULES VIOLATED: §116.110(a), and THSC, §382.085(b)
and §382.0518, by failing to obtain a permit or permit exemption; §115.422(1)(C),
and THSC, §382.085(b), by failing to maintain the waste materials in
closed containers; §106.436(16)(B), and THSC, §382.085(b), by failing
to maintain the required paint and solvent purchase records; PENALTY: $6,000;
STAFF ATTORNEY: James P. Biggins, Litigation Attorney, MC R-13, (210) 403-4017;
REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington,
Texas 76010- 6499, (817) 588-5800.
(4) COMPANY: Kamal Kassira dba Sandy's Food Store; DOCKET NUMBER: 2000-0178-
PST-E; TNRCC ID NUMBER: 14554; LOCATION: 2740 Sandy Lane, Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: §115.245(1),
and THSC, §382.085(b), by failing to conduct the initial compliance testing
for the Stage II Vapor Recovery System; §334.7(d)(1)(a), by failing to
provide written notice to the TNRCC Executive Director of a change in ownership; §334.21,
and §334.22, by failing to pay UST fees, associated penalties, and interest;
PENALTY: $2,500; STAFF ATTORNEY: Reynaldo De Los Santos, Litigation Division,
MC R-13, (210) 403-4016; REGIONAL OFFICE: Arlington Regional Office, 1101
East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.
(5) COMPANY: Roger Chambers; DOCKET NUMBER: 2000-0517-MSW-E; TNRCC ID NUMBER:
455100019; LOCATION: 4.1 miles north of the Martin Luther King and Highway
96 intersection on the north side of Jasper, Jasper County, Texas; TYPE OF
FACILITY: municipal solid waste, (the Site); RULES VIOLATED: §330.5,
and TWC, §26.121, by allowing the collection, storage, and disposal of
municipal solid waste which was discharged into or adjacent to water in the
state without the Commission's authorization; §328.56, by failing to
obtain a generator registration for the storage of more than five hundred
tires on the ground and failed to monitor for vectors and apply the appropriate
vector control measures at least once every two weeks; PENALTY: $7,000; STAFF
ATTORNEY: Reynaldo De Los Santos, Litigation Division, MC R-13, (210) 403-4016;
REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas
77703-1892, (409) 892-2119.
(6) COMPANY: Ruben Escobedo dba R & R Welding; DOCKET NUMBER: 2000-0510-AIR-
E; TNRCC ID NUMBER: GL-0154-B; LOCATION: 6507 FM 725, McQueeney, Guadalupe
County, Texas; TYPE OF FACILITY: welding and spray-painting, (the site); RULES
VIOLATED: §116.110(a), and THSC, §382.085(b), by failing to obtain
an air quality permit or satisfy the terms of a permit by rule before constructing
and operating a spray-paint business; PENALTY: $2,500; STAFF ATTORNEY: Reynaldo
De Los Santos, Litigation Division, MC R-13, (210) 403- 4016; REGIONAL OFFICE:
San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480,
(210) 490-3096.
TRD-200102183
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 17, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
staff is providing an opportunity for written public comment on the listed
Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section
7.075 requires that before the commission may approve the AOs, the commission
shall allow the public an opportunity to submit written comments on the proposed
AOs. Section 7.075 requires that notice of the opportunity to comment must
be published in the
Texas Register
no later
than the 30th day before the date on which the public comment period closes,
which in this case is
May 28, 2001
. Section
7.075 also requires that the commission promptly consider any written comments
received and that the commission may withdraw or withhold approval of an AO
if a comment discloses facts or considerations that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the statutes
and rules within the TNRCC's orders and permits issued pursuant to the TNRCC's
regulatory authority. Additional notice of changes to a proposed AO is not
required to be published if those changes are made in response to written
comments.
A copy of each of the proposed AOs is available for public inspection at
both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional
Office listed as follows. Comments about the AOs should be sent to the attorney
designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC
175, Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on May 28, 2001
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The TNRCC attorneys are available
to discuss the AOs and/or the comment procedure at the listed phone numbers;
however, §7.075 provides that comments on the AOs should be submitted
to the TNRCC in
writing
.
(1) COMPANY: Aisheh Haboul dba Future Food Mart, Feras Abdahllah; DOCKET
NUMBER: 1998-1525-PST-E; TNRCC ID NUMBER: 66381; LOCATION: 4225 Miller Avenue,
Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks
(USTs), gasoline dispensing station (the station); RULES VIOLATED: §115.245(2),
and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct
the required annual pressure decay test for the Stage II vapor recovery system; §§334.50(a)(1)(A),
334.50(b)(2)(A)(i)(III), and TWC, §26.3475, by failing to have a release
detection method capable of detecting a release from any portion of the UST
system, and failing to test a line leak detector at least once per year for
performance and operational reliability; PENALTY: $4,375; STAFF ATTORNEY:
Victor Simonds, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE:
Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499,
(817) 588-5800.
(2) COMPANY: Billmark Company, Inc; DOCKET NUMBER: 1998-1417-IHW-E (second
Amended Agreed Order); TNRCC ID NUMBER: 38227; LOCATION: 2232 Solona, Fort
Worth, Tarrant County, Texas; TYPE OF FACILITY: metal plating facility (the
facility); RULES VIOLATED: §335.6(a) and (c), by failing to notify the
executive director of industrial waste treatment activities involving spent
plating rinse water in an evaporator and failing to update the NOR to include:
1.) the hazardous waste rinse water evaporator, plant refuse, and scrap metal;
2.) properly classify waste numbers 0013021 and 0003305 as Class 2 Wastes;
and 3.) identify the facility as a large quantity generator; §335.4,
and TWC, §26.121, by failing to prevent an unauthorized discharge of
industrial solid waste to on-site soil; §335.69(a)(1)(B), 40 CFR §§262.34(a)(1)(ii),
265.191, and 262.193, by failing to obtain a certified assessment of the integrity
of the hazardous waste tank system; §335.69(a)(3), and 40 CFR §262.34(c)(1)(ii),
by failing to label or mark hazardous waste on two 25-gallon drums containing
evaporator solids and on the hopper located under the facility's filter press; §335.69(a)(1)(A),
and 40 CFR §262.34(a)(1)(i), by failing to cover a super sack containing
wastewater treatment sludge and two 25-gallon drums containing evaporator
solids; §335.69(a)(2), and 40 CFR §262.34(a)(2), by failing to mark
the accumulation start on two 25-gallon drums containing waste; §335.69(a)(4),
and 40 CFR §262.34(a)(4) and §265.16(a)(1), by failing to provide
annual hazardous waste training for Facility personnel; §335.69(a)(1)(A),
and 40 CFR §262.34(a)(1)(i), and §265.176, by failing to locate
drums containing reactive cyanide waste at least 50-feet from the property
line; §335.69(a)(4), and 40 CFR §262.34(a)(4),and §265.52(d),
by failing to list the address of the emergency coordinator in the facility's
contingency plan; §335.69(a)(4), and 40 CFR §262.34(a)(4),and §265.35,
by failing to maintain adequate aisle space for drums located in the container
storage area; §335.106(b)(18), and 40 CFR §262.20(a), by failing
to properly list filter cake sludge as F006 waste on manifests numbers 00394259
and 00977602; PENALTY: $31,000; STAFF ATTORNEY: Scott McDonald, Litigation
Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Arlington Regional Office,
1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.
(3) COMPANY: Dennis Dickerson, Individually and Kat Sav-Mor, Inc.; DOCKET
NUMBER: 1999-0718-PST-E; TNRCC ID NUMBER: 112878; LOCATION: 4230 N. Grandview,
Odessa, Ector County, Texas; TYPE OF FACILITY: service station (the facility);
RULES VIOLATED: §334.11(a)(1), by failing to submit additional documentation
and data to adequately demonstrate compliance with the applicable provisions
relating to an underground storage tank system; §334.22(a), by failing
to pay the underground storage tank fees; §334.54(d)(1)(B), by failing
to permanently remove from service underground storage tanks which had been
temporarily removed from service; §334.55(a)(6), by failing to determine
if any regulated substance had been released from the underground storage
tanks; PENALTY: $10,625; STAFF ATTORNEY: Laurel Lindsey, Litigation Division,
MC 175, (512) 239-3693; REGIONAL OFFICE: Midland Regional Office, 3300 North
A St., Bldg. 4, Ste. 107, Midland, Texas 79705-5404, (915) 570-1359.
(4) COMPANY: Gilbert Reyes, Jr. dba Party Time Rentals; DOCKET NUMBER:
2000-0783- AIR-E; TNRCC ID NUMBER: EE-0812-T; LOCATION: 10197 Alameda, El
Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store and gasoline
station, (the station); RULES VIOLATED: §115.252(2), and THSC, §382.085(b),
by allowing the transfer of gasoline, which may be used by a motor vehicle
in the El Paso County area, with a Reid Vapor Pressure greater than 7.0 pounds
per square inch absolute; PENALTY: $1,000; STAFF ATTORNEY: Robert Hernandez,
Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: El Paso Regional
Office, 401 E. Franklin Ave., Ste. 560, El Paso, Texas 79901-1206, (915) 834-4949.
(5) COMPANY: Khaled Omar; DOCKET NUMBER: 1998-1525-PST-E; TNRCC ID NUMBER:
66381; LOCATION: 4225 Miller Avenue, Fort Worth, Tarrant County, Texas; TYPE
OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: §334.45(c)(3)(A),
by failing to securely anchor shutoff valves to the base of the dispensers; §334.7(d)(3),
by failing to amend, update, or change UST registration information with the
commission within 30 days from the date of an ownership change; PENALTY: $3,750;
STAFF ATTORNEY: Victor Simonds, Litigation Division, MC 175, (512) 239-6201;
REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington,
Texas 76010-6499, (817) 588-5800.
(6) COMPANY: Knob Hill Water Supply Corporation; DOCKET NUMBER: 2000-0527-PWS-
E; TNRCC ID NUMBER: 2200310, LOCATION: 2214 Harris Lane, Mansfield, Tarrant
County, Texas; TYPE OF FACILITY: public water supply system (the facility);
RULES VIOLATED: §290.45(b)(1)(B)(iii) and THSC, §341.0315(c), by
failing to provide two pumps each with a minimum capacity 2.0 gpm per connection; §290.45(b)(1)(B)(iv),
and THSC, §341.0315(c), by failing to meet minimum pressure tank capacity
of 20 gallons per connection; §290.45(p), by failing to record and maintain
ground storage tank and pressure tank inspection forms; §290.51, by failing
to pay Regulatory Assessment fees; PENALTY: $2,250; STAFF ATTORNEY: Elisa
Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Arlington
Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817)
588-5800.
(7) COMPANY: Racetrac Petroleum, Inc.; DOCKET NUMBER: 1998-1005-PST-E;
TNRCC ID NUMBER: 67508; LOCATION: 2506 Inwood Road, Dallas, Dallas County,
Texas; TYPE OF FACILITY: motor vehicle fuel dispensing facility (the station);
RULES VIOLATED: §§115.246(4), 115.246(5), 115.246(7) and THSC, §382.085(b),
by failing to maintain a record of the initial and annual pressure decay test
results and employee training and monthly inspections for the Stage II system; §115.242(9),
and THSC, §382.085(b), by failing to post the Stage II operating instructions
conspicuously on the fuel dispenser pump; §115.242(3)(J), and THSC, §382.085(b),
by failing to maintain all the components of the Stage II system at the station
in proper operating condition and free from defects; PENALTY: $7,500; STAFF
ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL
OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas
76010-6499, (817) 588-5800.
(8) COMPANY: Sattar Investments, Inc.; DOCKET NUMBER: 1999-1404-PST-E;
TNRCC ID NUMBER: 0046837; LOCATION: 2202 Highway 281 North, Marble Falls,
Burnet County, Texas; TYPE OF FACILITY: underground storage tanks (UST's);
RULES VIOLATED: §§334.50(b0(1)(A), 334.50(d)(1)(B)(ii), 334.50(b)(2)(i)(III),
and TWC, §26.3475, by failing to monitor USTs for releases at least once
every month, test line leak detectors annually, and perform monthly reconciliation
of the detailed inventory reports; §334.7(d)(3), by failing to provide
an amended registration to reflect the method of release detection being used
and to reflect the installation of spill and overfill equipment; §334.49(a)(2)
and §334.49(e), and TWC, §26.3475, by failing to operate a corrosion
protection system and maintain corrosion protection records adequate to demonstrate
compliance with all corrosion protection requirements; §334.93, by failing
to demonstrate the required financial assurance for corrective action and
third party liability; PENALTY: $8,750; STAFF ATTORNEY: Darren Ream, Litigation
Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Austin Regional Office,
1921 Cedar Bend Dr., Ste. 150, Austin, Texas 78758- 5336, (512) 339-2929.
(9) COMPANY: The United States Department of Energy; DOCKET NUMBER: 2000-0710-
IHW-E; TNRCC ID NUMBER: 30459; LOCATION: 17 miles northeast of Amarillo, Carson
County, Texas; TYPE OF FACILITY: Pantex Plant; RULES VIOLATED: §305.125(9),
TWC, §26.039(b), and TNRCC Industrial Solid Waste Permit Number HW-50284,
Provisions V.D.1., V.E., and V.I. and 40 CFR §270.30(k)(6), by failing
to notify the executive director within 24 hours of a spill, discharge, or
noncompliance and failing to provide a written submission within five days
or written report within 15 days concerning any noncompliance which may endanger
human health or safety or the environment or concerning a release of solid
waste which may cause an endangerment to the public drinking water supplies;
TNRCC Permit Number HW-50284, Provision III.E.6.a.2.i., by failing to provide
results of all analysis data for the Burning Grounds groundwater wells to
the TNRCC within 90 days of a sampling; PENALTY: $5,000; STAFF ATTORNEY: John
Sumner, Litigation Division, MC R-7, (915) 620-6118; REGIONAL OFFICE: Amarillo
Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
TRD-200102184
Paul C. Sarahan
Director, Litigation Division
Texas Natural Resource Conservation Commission
Filed: April 17, 2001
JOHNSON COUNTY RURAL WATER SUPPLY CORPORATION has filed a petition with
the Texas Natural Resource Conservation Commission (TNRCC) to convert Johnson
County Rural Water Supply Corporation to Johnson County Special Utility District
and to transfer Certificate of Convenience and Necessity (CNN) No. 10081 from
Johnson County Rural Water Supply Corporation to Johnson County Special Utility
District. Johnson County Special Utility District's business address will
be P.O. Box 509, Cleburne, Texas 76033-0509. 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 Johnson County Rural
Water Supply Corporation and the organization, creation and establishment
of Johnson 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. 10081 shall be transferred as provided
in Chapter 13, of the Texas Water Code, as amended. The nature of the services
presently performed by Johnson County Rural 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 Johnson 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 primarily in Johnson County
but also extending into Hill, Tarrant, and Ellis Counties, Texas, with a total
approximate area of 297.8 square miles. The proposed District is within portions
of the extra-territorial jurisdiction of the City of Fort Worth. CCN No. 10081
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. 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"; (4) a brief description of how you
would be affected by the petition in a way not common to the general public;
and (5) the location of your property relative to the proposed district's
boundaries. 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. 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. If a hearing request is filed,
the Executive Director will 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, please contact the Public Interest Counsel,
MC 103, the same address. For additional information, individual members of
the general public may contact the Office of Public Assistance, at 1-800-687-4040.
General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200102208
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: April 18, 2001
The State Office Administrative Hearing issued a Proposal for Decision
and Order to the Texas Natural Resource Conservation Commission on April 12,
2001 Executive Director of the Texas Natural Resource Conservation Commission,
Petitioner v. Claude Brown DBA Outlaw Services; Respondent; SOAH Docket No.582-01-0971;
TNRCC Docket No.1999-1088-AIR-E. In the matter to be considered by the Texas
Natural Resource Conservation Commission on a date and time to be determined
by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate
35, Austin, Texas. This posting is Notice of Opportunity to Comment on the
Proposal for Decision and Order. The comment period will end 30 days from
date of publication. Written public comments should be submitted to the Office
of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If
you have any questions or need assistance, please contact Doug Kitts, Chief
Clerk's Office, (512) 239-3317.
TRD-200102207
Doug Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: April 18, 2001
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, as amended (the Act), to annually publish a state registry
that identifies facilities that 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 most
recent registry listing of these facilities was published in the November
24, 2000 issue of the
Texas Register
(25 TexReg
11756).
Pursuant to §361.184(a), the commission must publish in the
The facility proposed for listing is the Harkey Road Site, located at 17111
Harkey Road in an unincorporated section of Brazoria County approximately
two miles south of the City of Pearland, Texas. The geographic coordinates
of the site are 29
degrees, 31 minutes, 20.45
seconds North Latitude and 95 degrees, 18 minutes, 48.74 seconds West Longitude.
The site, approximately 2/3 acre in size, is currently abandoned and fenced
with posted warning signs. The fenced area consists of Lots #4 and #5 in Hasting
Acres. The site was formerly owned by the late George Hastings and Nola Hastings.
The description of the site is based on information available at the time
the site was evaluated with the Hazard Ranking System (HRS). The HRS is the
principal screening guide used by the TNRCC to evaluate potential, relative
risk to public health and the environment from releases or threatened releases
of hazardous substances. The description may change as additional information
is gathered on the sources and extent of contamination.
The TNRCC has recently conducted a site investigation to gather information
for the evaluation of the site by the HRS. Soil samples were collected from
within the fenced area, the Right-of-Way and from some of the neighboring
properties. Two soil samples were collected at each sampling location; an
upper sample collected approximately six inches below the base of the source
material, and a lower sample collected approximately 2.5 feet below the upper
sample. Currently the allowable limit for lead concentration in a residential
environment for soil (air/ingestion) is 500 mg/kg. Eleven soil samples from
the site had concentration of total lead over 500 mg/kg, with the highest
concentration being 2,800 mg/kg. Some portions of the neighboring properties
were also found to be contaminated with lead. The source of lead contamination
is believed to be buried lead-acid battery chips.
Three ground water samples were also collected on site in the shallow aquifer
during the site investigation and were analyzed for total lead. The total
lead concentrations in the ground water samples were found to be from 0.066
mg/l to 0.965 mg/l. The drinking water standard limits the Maximum Concentration
Level (MCL) of lead in water to be 0.015 mg/l. However, samples of ground
water in the deeper aquifer collected from a domestic supply well and from
the City of Pearland public water supply well
did
not
indicate any presence of lead above the MCL.
A public meeting will be held on Monday, June 4, 2001 at 7:00 p.m. in the
cafeteria of H.C. Carleston Elementary School, 3010 Harkey Road in Pearland,
Texas. The purpose of this meeting is to obtain additional information regarding
the site relative to its eligibility for listing on the state registry and
identify additional potentially responsible parties. The public meeting will
be legislative in nature and not a contested case hearing under the Texas
Administrative Procedure Act (Texas Government Code, Chapter 2001).
The executive director of the TNRCC prepared a brief summary of the commission's
records regarding this site. This summary and a portion of the records for
this site, including documents pertinent to the executive director's determination
of eligibility, are available for review at the Pearland Library, 3522 Liberty
Drive, Pearland, Texas 77581, telephone (281) 485-4876, during regular business
hours. Copies of the complete public record file may be obtained during regular
business hours at the TNRCC Records Management Center, Building D, Room 190,
12100 Park 35 Circle, Austin, Texas 78753; telephone (800) 633-9363 or (512)
239-2920. Photocopying of file information is subject to payment of a fee.
Handicapped parking is available on the east side of Building D, convenient
to access ramps that are between Buildings D and E.
TRD-200102199
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 17, 2001
Correction of Error
The Public Utility Commission adopted an amendment to 16 TAC §26.127,
relating to Abbreviated Dialing Codes. The notice of adoption was published
in the April 13, 2001,
Texas Register
(26
TexReg 2828).
The "N" in "Non-Emergency Governmental Services was accidentally deleted
in subsection (a)(2)
As published paragraph (2) reads:
311 - on-Emergency Governmental Service;
The paragraph should read:
311 - Non-Emergency Governmental Service;
TRD-200102227
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 11, 2001, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Mutual Energy SWEPCO, LP for Retail
Electric Provider (REP) certification, Docket Number 23953 before the Public
Utility Commission of Texas.
Applicant's requested service area is the service area of specific transmission
and distribution utilities and/or municipal utilities or electric cooperatives
in which competition is offered.
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 Customer Protection Division at (512) 936-7120 no later
than May 4, 2001. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200102188
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 11, 2001, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Mutual Energy WTU, LP for Retail
Electric Provider (REP) certification, Docket Number 23954 before the Public
Utility Commission of Texas.
Applicant's requested service area includes the service area of specific
transmission and distribution utilities and/or municipal utilities or electric
cooperatives in which competition is offered.
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 Customer Protection Division at (512) 936-7120 no later
than May 4, 2001. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200102189
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 11, 2001, for retail electric
provider (REP) certification, pursuant to §§39.101 - 39.109 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Mutual Energy CPL, LP for Retail
Electric Provider (REP) certification, Docket Number 23955 before the Public
Utility Commission of Texas.
Applicant's requested service area is the service area of specific transmission
and distribution utilities and/or municipal utilities or electric cooperatives
in which competition is offered.
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 Customer Protection Division at (512) 936-7120 no later
than May 4, 2001. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200102190
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application, filed on April 10, 2001, for a certificate
of convenience and necessity for a proposed 138 kV transmission line and substation
within Callahan County. The application was filed pursuant to P.U.C. Substantive
Rule §25.101(c)(1)(C) and the Public Utility Regulatory Act (PURA), Texas
Utilities Code Annotated, §§14.001, 37.051, 37.054, 37.056 and 37.057
(Vernon 1998 & Supplement 2001). A summary of the application follows.
Docket Style and Number: Application for certificate of convenience and
necessity (CCN) for a proposed transmission line within Callahan County in
Docket Number 23951.
The Application: The proposed 138 kV transmission line and substation within
Callahan County is needed for growth in the Potosi service area in both commercial
and residential development. The proposed project is necessary to meet the
needs of development and maintain the integrity of the TEC system in the west
Callahan County service area. Pursuant to P.U.C. Substantive Rule §25.101(c)(4),
the commission must render a decision approving or denying an application
for a certificate within one year of the date of filing of a complete application
for such certificate. However, if the application is uncontested, pursuant
to P.U.C. Substantive Rule §25.101(c)(5)(C), the application shall be
approved administratively within 80 days from the date of filing a complete
application.
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 Customer Protection Division 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 on or before
April 19, 2001.
TRD-200102187
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 6, 2001, for a certificate
of operating authority (COA), pursuant to §§54.101 - 54.105 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of NationNet Communications Corporation
for a Certificate of Operating Authority, Docket Number 23937 before the Public
Utility Commission of Texas.
Applicant intends to provide prepaid and post-paid long distance, basic
local phone service, Internet services, switched asset services, and prepaid
wireless services.
Applicant's requested COA geographic area includes the area of Texas comprising
the Dallas and Houston Local Access and Transport Areas.
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 Customer Protection Division at (512) 936-7120 no later
than May 2, 2001. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200102186
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on April 5, 2001, 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 Light Link Networks, L.P. for a
Service Provider Certificate of Operating Authority, Docket Number 23928 before
the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service and point-to-point
business capacity.
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 Customer Protection Division at (512) 936-7120 no later
than May 2, 2001. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200102185
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on April 13, 2001, 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 Tiagris Corporation for a Service
Provider Certificate of Operating Authority, Docket Number 23959 before the
Public Utility Commission of Texas.
Applicant intends to provide IP, ATM, DSL, Internet dedicated and dial-up
services, ADSL, ISDN, HDSL, SDSL, VDSL, and T1-Private Line.
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 Customer Protection Division at (512) 936-7120 no later
than May 2, 2001. Hearing and speech- impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200102191
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
On April 12, 2001, The Public Utility Commission of Texas (commission)
received a petition for rulemaking from the Commission on State Emergency
Communications and the Emergency Communication Districts (collectively, Texas
9-1-1 Agencies). The petition has been assigned Project Number 23957,
Texas 9-1-1 Agencies request the commission to clarify its rules on the
issue of whether Texas 9-1-1 Agencies are obligated to pay certificated telecommunications
utilities (CTUs) for 9-1-1 dedicated transport connecting and /or interconnecting
from a CTU's end office to a 9-1-1 selective routing tandem. Texas 9-1-1 Agencies
assert that the ultimate cost responsibility of any CTU connecting or interconnecting
its end offices to the 9-1-1 selective routing tandem should be borne by the
CTU as a cost of conducting business. Texas 9-1-1 Agencies state that a rulemaking
to address these issues is necessary and appropriate at this time in order
to assist in resolution of current contested cases and conserve the resources
of the commission staff, Texas 9-1-1 Agencies and CTUs. Texas 9-1-1 Agencies
reference two contested proceeding in their petition: Docket Number 22920,
Texas 9-1-1 Agencies state that there are inconsistent approaches to determining
9-1-1 dedicated transport arrangements, especially as to meet point issues
and potential interLATA issues. To address these concerns Texas 9-1-1 Agencies
request that the existing language in §26.272(e)(1)(B)(v) be deleted
and replaced with "The 9-1-1 trunking connection and interconnection requirements
in subsection (e)(1)(B)(i)(I) of this rule are a cost of providing telecommunications
for all CTUs in Texas. A CTU may not charge a 9-1-1 administrative entity
for any costs attributable to these requirements."
A complete copy of the petition for rulemaking may be obtained from the
commission's Central Records, located on the ground floor of the William B.
Travis Building. Pursuant to commission Procedural Rule §22.281(a), comments
on the petition for rulemaking may be submitted by filing 16 copies with the
Filing Clerk, Public Utility Commission of Texas, William B. Travis Building,
1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, no later
than 3:00 p.m. on Friday, May 18, 2001. All inquiries and comments concerning
this petition for rulemaking should reference Project Number 23957.
TRD-200102174
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 16, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a revised application on April 12, 2001, pursuant
to P.U.C. Substantive Rule §26.171 for approval to implement a minor
rate change.
Tariff Title and Number: Application of Livingston Telephone Company, Inc.
(Livingston) for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive
Rule §26.171. Tariff Number 23911.
The Application: On April 3, 2001, Livingston filed an application to increase
rates. On April 12, 2001, Livingston filed a revised statement of intent to
implement minor rate changes to its business, residence, tel-assistance, rotary
key trunk and PBX monthly local exchange access service rates. Livingston
proposes to implement the rate changes in all exchanges throughout its service
territory. This revised application will increase Livingston's regulated intrastate
gross annual revenues by $74,585.76. The company continues to propose an effective
date of August 1, 2001.
Subscribers of Livingston have a right to petition the commission for review
of this proposed minor rate change by filing a protest with the commission.
The protest must be signed by a minimum of 5%, or 1,500 of the affected local
service customers, and must be received by the commission no later than July
1, 2001.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the commission's Customer Protection Division at 512-936-7120 or toll
free 1-888-782-8477 on or before July 1, 2001. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission at 512-936-7136.
Please reference Tariff Number 23911.
TRD-200102198
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission), of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214
Docket Title and Number. United Telephone Company of Texas doing business
as Sprint for Approval of LRIC Study for Frame Relay Utilitization Reports
Pursuant to P.U.C. Substantive Rule §26.214 on or about April 26, 2001,
Docket Number 23964.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 23964. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200102192
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission), of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. Central Telephone Company of Texas doing business
as Sprint for Approval of LRIC Study for Frame Relay Utilitization Reports
Pursuant to P.U.C. Substantive Rule §26.214 on or about April 26, 2001,
Docket Number 23965.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 23965. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200102193
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission), of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.214.
Docket Title and Number. Central Telephone Company of Texas doing business
as Sprint for Approval of LRIC Study for Selective Calling Features Pursuant
to P.U.C. Substantive Rule §26.214 on or about April 26, 2001, Docket
Number 23966.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 23966. Written comments or recommendations should be filed no
later than 45 days after the date of a sufficient study and should be filed
at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.
O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer
Protection Division at (512) 936-7120. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200102194
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
On April 6, 2001, Southwestern Bell Telephone Company and Lightyear 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 & Supplement 2001) (PURA). The joint application has been
designated Docket Number 23941. 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 23941. 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 May 9, 2001, 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 Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 23941.
TRD-200102196
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: April 17, 2001
Correction of Error
The Railroad Commission of Texas Adopted new 16 TAC §8.101. The rule
appears in the April 27, 2001,
Texas Register
.
A typographical error in subsection (f) has been corrected in the print
publication of the rule. However, the rule as published in the Texas Register
daily Internet subscription service contained the typographical error.
In the last sentence of subsection (f) the word "with" should read "without",
as in "...the pipeline segment can continue to operate without establishing
pipeline integrity until...."
The subsection should read as follows.
"(f) If a pipeline that is not subject to this section undergoes any change
in circumstances that results in the pipeline becoming subject to this section,
then the operator of such pipeline shall establish integrity of the pipeline
pursuant to the requirements of this section prior to any further operation.
Such changes include but are not limited to an addition to the pipeline, change
in the operating pressure of the pipeline, change from inactive to active
status, change in population in the area of the pipeline, or change of operator
of the pipeline segment. If a pipeline segment is acquired by a new operator,
the pipeline segment can continue to be operated without establishing pipeline
integrity as long as the new operator utilizes the prior operator's operation
and maintenance procedures for this pipeline segment. If the population in
the area of a pipeline segment changes, the pipeline segment can continue
to operate without establishing pipeline integrity until such time as the
operator determines whether or not the change in population affects the criteria
applicable to the integrity management program, but for no longer than the
time frames established under 49 CFR Part 192 or 195."
TRD-200102229
Notice of Intent to Submit Request to Texas Dept. of Human Services to Contract for Additional Medicaid Nursing Home Beds in Somervell County
The Commissioners' Court of Somervell County, pursuant to House Bill 606,
75th Regular Legislative Session, hereby gives notice of its intent to request
that the Texas Department of Human Services contract for additional nursing
home beds under the state Medicaid program in Somervell County without regard
to the occupancy rate of available Medicaid beds.
The Commissioners Court hereby requests that interested parties submit
comments on whether the request should be made. Further, the Commissioners
Court request proposals from persons interested in providing additional; Medicaid
beds in the County, including persons providing Medicaid beds in a nursing
home facility with a high occupancy rate.
Interested parties must forward comments or proposals received no later
than May 14, 2001 at 10:00 A.M. to the Somervell County Auditor's Office,
101 N.E. Barnard Street, P.O. Box 804, Glen Rose, Texas 76043. Proposals shall
be discussed in open Commissioners Court at 10:05 A.M. on the same date in
the Somervell County Annex Courtroom.
If the Commissioners Court determines to proceed with a request after considering
all comments and proposals received, it may recommend that the Texas Department
of Human Services contract with a specific nursing facility that submitted
a proposal. In making its decisions, the Commissioners Court must consider:
1. The demographic and economic needs of the country;
2. The quality of existing nursing facility services under the state Medicaid
program in the county;
3. The quality of the proposals submitted; and
4. The degree of community support for additional nursing facility services.
TRD-200102223
Darrell Morrison
County Auditor
Somervell County Commissioners' Court
Filed: April 18, 2001
Notice of Available Funds for Fiscal Year 2002
Notice of Available Funds for Fiscal Year 2002 for New or Established Apprenticeship
Training Programs Not Currently Receiving Funding from the Texas Workforce
Commission under the Texas Education Code, Chapter 133.
Filing Authority. The notice of available funds for apprenticeship training
programs is authorized under the Texas Education Code, Chapter 133.
Eligible Applicants. The Texas Workforce Commission is requesting preliminary
contact-hour estimates from public school districts, education service centers,
and state post-secondary institutions for job-related instruction (apprentice)
classes for new or established apprenticeship training programs not currently
receiving funding from the Texas Workforce Commission under Texas Education
Code, Chapter 133.
Description. Funds will be available for Fiscal Year 2002 (September 1,
2001 - August 31, 2002) to fund programs or new occupations within a program
not currently receiving funding under the Texas Education Code, Chapter 133.
The purpose of the funds is to provide classroom instruction for job-related
instruction (apprentice) classes of apprenticeship training programs registered
with the Bureau of Apprenticeship and Training. The amount of funding for
Fiscal Year 2002 is unknown at this time and is contingent upon appropriation
by the Texas Legislature. The Texas Workforce Commission estimates that a
total between $65,000 to $95,000 may be available to supplement new apprenticeship
programs.
Qualifications for Funding. To qualify for funding: 1) each apprenticeship
training program or new occupation within a program must be certified and
registered by the Bureau of Apprenticeship and Training (BAT), U.S. Department
of Labor, no later than August 1, 2001; 2) each apprentice must be registered
with the BAT in Texas on or before September 1, 2001; 3) each apprentice must
be a full-time paid employee in the private sector in Texas; 4) the number
of job-related instruction hours per class must be certified by the BAT as
verified in the program standards of the apprenticeship program; 5) a public
school district, education service center, or state postsecondary institution
must act as fiscal agent for the funds pursuant to a contract between the
apprenticeship program sponsor and the district or institution; and 6) the
job-related instruction (apprentice) class must start in September 2001 and
conduct its fourth class meeting no later than October 6, 2001.
Dates of Program. Each class may not start before September 1, 2001, and
must end on or before August 31, 2002.
Planning Allocation of Funds. The statewide total number of estimated contact
hours that are submitted to the Texas Workforce Commission will be divided
into the amount of funds available to determine a preliminary contact-hour
rate, not to exceed $4.00 per contact hour. Planning allocations are made
to eligible applicants based on the number of estimated contact hours submitted
to the Texas Workforce Commission, multiplied by the preliminary contact-hour
rate.
Use of Funds. Funds can only be used for job-related instruction costs
such as instructor salaries, instructional supplies, instructional equipment,
and other operating expenses. No more than 15 percent may be used by the eligible
applicants for administrative purposes, such as supervisory and/or secretarial
salaries, office supplies, or travel.
Requesting the Forms to Submit Preliminary Estimated Contact Hours. A package
of information explaining the process for submitting preliminary contact-hour
estimates and the process for submitting an application may be obtained by
contacting the Apprenticeship Program at (512) 463-9767 or writing to the
Apprenticeship Program, Texas Workforce Commission, 101 East 15th Street,
Room 252T, Austin, Texas 78778-0001.
Further Information. For additional information, please contact Beverly
Donoghue, Apprenticeship Coordinator, Texas Workforce Commission, at (512)
463-9767.
Deadline for Receipt of Preliminary Contact-Hour Estimates. The Texas Workforce
Commission, Apprenticeship Program, must receive preliminary contact-hour
estimates for Fiscal Year 2002 apprenticeship training programs no later than
5:00 p.m., Thursday, May 31, 2001, to be considered for funding.
TRD-200102206
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: April 18, 2001
A. PROPOSAL DESCRIPTION
The Texas Workforce Commission is soliciting proposals from contractors
to provide intensive training and technical assistance to local area youth
services staff in both on-site and off-site capacities. The services purchased
will be for the purpose of improving the Boards' WIA Youth Programs and to
meet program objectives. The selected contractor will target those areas with
high concentrations of disadvantaged youth.
B. AUTHORIZATION TO AWARD CONTRACT
TWC procures these services in accordance with §302.002(b) of the
Texas Labor Code and WIA Section 134(a)(3)(A), the Uniform Grants Management
Standards (UGMS), and the Uniform Administrative Requirements for State and
Local Governments (OMB Circular A-102) using competitive negotiation. Unlike
formal advertising
(i.e. sealed bids)
, cost
is not the only factor evaluated.
C. AVAILABLE FUNDING
Approximately $1,500,000 will be available to fund the selected proposal(s)
under this RFP. The contract will include an initial time period for the contractor
to become familiar with Texas youth policies and procedures, the grandfather
provisions and their impact on WIA services in Texas, and The Workforce Information
System of Texas (TWIST). Funding will be for the contract period of July 23,
2001 through June 30, 2003.
D. ELIGIBLE APPLICANTS
Contractors familiar with or able to become familiar with WIA Youth Program
Services in order to provide intensive training and technical assistance to
local area youth services staff in both on-site and off-site capacities. (Local
Workforce Development Boards are not eligible to submit proposals under this
RFP.)
E. PROJECT SCHEDULE
Application submission deadline is June 1, 2001. The anticipated contract
effective date is July 23, 2001.
F. SCORING CRITERIA
The evaluation criteria for this RFP and their relative weights for scoring
are: Demonstrated Ability to Perform Services, 20 points; Proposed Approach,
50 points; Project Administration, 20 points; and Budget Information, 10 points.
G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS
TWC will use competitive negotiation to determine awards. The Agency evaluates
proposals received, ranks them, and may request an oral presentation by the
offerors submitting top ranked proposals covering topics identified by the
Agency. After the oral presentation (if any), the Agency makes a tentative
selection decision, and negotiates with the selected offerors. When negotiations
are completed, a contract is executed, and the award is announced.
H. PAYMENT
The basis of payment for this award shall be actual allowable cost based
on performance of contract deliverables, subject to budget limitations.
I. TWC'S CONTACT PERSON
For further information and to request a package for RFP #320-1-11960 (PPRD
#01-05), contact Dee Dorsey, Program Administrator, Texas Workforce Commission,
Room 316-T, 101 East 15th Street, Austin, TX 78778-0001, (512) 463-2437, fax
(512) 475-3502, e-mail address dee.dorsey@twc.state.tx.us
TRD-200102224
J. Randel Hill
General Counsel
Texas Workforce Commission
Filed: April 18, 2001
The Texas Workforce Commission (Commission) proposes the Child Care State
Plan set forth in the following figure pursuant to 45 CFR Parts 98 and 99
Child Care and Development Fund. The Child Care State Plan is also available
online at
http://www.twc.state.tx.us/twcinfo/rules/prorules
to provide to the public an opportunity to comment on the provision
of child care services under the Plan.
Public Hearings will be held on the following dates to provide the public
an opportunity to comment on the provision of child care services under the
plan:
June 4, 2001
1:00 - 5:00 p.m.
North Central Workforce Board
616 Six Flags Drive/Second Floor Board Room
Arlington, Texas
June 5, 2001
Time: Immediately following Commission Meeting, which begins at 9:00 a.m.
Texas Workforce Commission
101 East 15th Street, Room 244
Austin, Texas
June 6, 2001
1:00 - 5:00 p.m.
Holiday Inn - San Angelo
441 Rio Concho Drive/Section of the Ballroom
San Angelo, Texas
June 7, 2001
1:00 - 5:00 p.m.
Gulf Coast Workforce Board
3555 Timmons Lane/Second Floor, Conference Room A
Houston, Texas
Policies regarding child care that will be established by local workforce
development boards (Boards) for the respective local areas will be established
by the Boards for the respective local workforce development areas during
open meeting processes which will permit public comment.
Comments on the proposal may be submitted to Nancy Hard, Child Care Management,
Texas Workforce Commission Building, 101 East 15th Street, Room 130-T, Austin,
Texas 78778, phone (512) 936-0474. Comments may also be submitted to Ms. Hard
via email to Nancy.Hard@twc.state.tx.us or facsimile to (512) 463-5067.
(Figure 1)
TRD-200102195
J. Randel Hill
General Counsel
Texas Workforce Commission
Filed: April 17, 2001
Office of the Attorney General
Texas Water Code Settlement Notice
Texas Bond Review Board
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Credit Union Department
Application(s) to Expand Field of Membership
Notice of Final Action Taken
Texas Department of Criminal Justice
Deep East Texas Workforce Development Board
State Board for Educator Certification
Health and Human Services Commission
Texas Department of Housing and Community Affairs
Multifamily Housing Revenue Bonds (Bluffview Villas Apartments) Series 2001
Request for Proposal to Provide Technical Assistance Educational Services
Request for Proposals for Underwriter Services for Single Family Mortgage Revenue Bond New Issues and/or Refundings
Texas Department of Human Services
Texas Department of Insurance
Insurer Services
Texas Natural Resource Conservation Commission
Extension of Public Comment Period
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Water District Applications
Proposal for Decision
Public Notice
Public Utility Commission of Texas
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Certificate of Convenience and Necessity
Notice of Application for Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Petition for Rulemaking to Amend §26.272 Relating to Interconnection
Notice of Revised Application Pursuant to P.U.C. Substantive Rule §26.171
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214
Public Notice of Interconnection Agreement
Railroad Commission of Texas
Somervell County Commissioners' Court
Texas Workforce Commission
Request for Proposals, Training and Technical Assistance for WIA Youth Program Services
State Plan for Child Care and Development Fund Services