Volume 16, Number 44, June 14, 1991 Pages 3223-3283 Office of the Governor Appointments Made June 5, 1991 3233State Securities Board 3233State Pension Review Board 3233Texas Board on Aging 3233Texas Motor Vehicle Commission Emergency Sections Comptroller of Public Accounts 3235Tax Administration State Department of Highways and Public Transportation 3236Right of Way Division Proposed Sections Texas Water Development Board 3239Research and Planning Fund Comptroller of Public Accounts 3244Tax Administration Texas Department of Human Services 3247Family Self-Support Services Withdrawn Sections Comptroller of Public Accounts 3251Tax Administration State Department of Highways and Public Transporatation 3251Right of Way Division Adopted Sections Texas Motor Vehicle Commission 3253Practice and Procedure Texas Higher Education Coordinating Board 3253Program Development 3253Proprietary Schools 3254Student Services State Board of Insurance 3257Corporate and Financial Regulation 3258Health Maintenance Organizations Texas Department of Human Services 3259General Licensing Procedures Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons 3259Purchases of Products and Services of Blind and Severely Disabled Persons State Department of Highways and Public Transportation 3259Materials and Tests Division 3260Maintenance and Operations Division 3260Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L Open Meetings 3263Texas State Board of Public Accountancy 3263Texas Department of Agriculture 3263Texas Agricultural Finance Authority 3263Texas Commission on Alcohol and Drug Abuse 3263Bond Review Board 3264Texas Department of Commerce 3264Texas Education Agency 3264Advisory Commission on State Emergency Communications 3264Texas State Board of Registration for Professional Engineers 3264State Board of Insurance 3265Lamar University System Board of Regents 3265Texas State Board of Medical Examiners 3265Public Utility Commission of Texas 3267Center for Rural Health Initiatives 3267School Land Board 3267Secretary of State 3267Teacher Retirement System of Texas 3268The Texas A&M University System 3268Texas Municipal League Group Benefits Risk Pool 3268Toxic Substances Coordinating Committee 3268University of North Texas 3268University of Texas System 3269Texas Board of Veterinary Medical Examiners 3269Texas Water Commission 3270Texas Workers' Compensation Commission 3270Texas Workers' Compensation Insurance Facility 3271Regional Meetings In Addition State Aircraft Pooling Board 3275Notification of Rates for Aircraft Use Office of Consumer Credit Commissioner 3276Notice of Rate Ceilings Texas Education Agency 3276Consultant Proposal Request Texas Employment Commission 3276Request for Information and Qualifications (RFI) Fire Fighters' Pension Commission 3277Consultant Proposal Request Governor's Energy Office 3277Consultant Proposal Request Texas Department of Health 3278Intent to Revoke a Radioactive Material License 3278Notice of Radioactive Material License Amendment Texas Housing Agency 3279Request for Proposal Texas Department of Human Services 3280Notice of Public Hearing State Board of Insurance 3280Company Licensing Texas State Library and Archives Commission 3280Appointments to Local Government Records Committee Texas Racing Commission 3281Notice of Deadline for Motions to Intervene Texas Rehabilitation Commission 3281Request for Proposals Texas Water Commission 3282Enforcement Orders 3283Notice of Application for Waste Disposal Permit CONTENTS CONTINUED INSIDE TAC Titles Affected TAC Titles AffectedJune The following is a list of the administrative rules that have been published this month. TITLE 1. ADMINISTRATION Part XIII. Texas Incentive and Productivity Commission 1 TAC 273.1, 273.7, 273.9, 273.153295, 3295 1 TAC 289.13299 1 TAC 291.1, 291.3, 291.53300, 3299 1 TAC 295.13300 1 TAC 297.1, 297.3, 297.53300 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture 4 TAC 7.103033 TITLE 16. ECONOMIC REGULATION Part VI. Texas Motor Vehicle Commission 16 TAC 101.133253 16 TAC 101.13, 101.153253 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board 19 TAC 5.370-5.3763253 19 TAC 12.21-12.243254 19 TAC 12.41-12.513254 19 TAC 12.71-12.763254 19 TAC 21.21-21.353254 19 TAC 21.21-21.393254 19 TAC 21.55, 21.563257 Part II. Texas Education Agency 19 TAC 69.1, 69.23035 19 TAC 69.10-69.233035 19 TAC 69.1013035 19 TAC 69.121-69.1293035 19 TAC 75.1413035 19 TAC 75.311-75.3203036 19 TAC 77.21-77.263036 19 TAC 77.3313036 19 TAC 77.351-77.366, 77.3723036 19 TAC 77.391-77.3963036 19 TAC 77.4313036 19 TAC 77.451, 77.4533037 19 TAC 77.471-77.4803037 19 TAC 78.1-78.43038 19 TAC 78.1-78.53037 19 TAC 78.103038 19 TAC 78.21-78.253027 19 TAC 78.413037 19 TAC 78.61-78.643037 19 TAC 78.703037 19 TAC 89.13038 19 TAC 89.1-89.163040 19 TAC 89.21, 89.223039 19 TAC 89.313039 19 TAC 89.41, 89.423045 19 TAC 89.51, 89.523046 19 TAC 89.51-89.563039 19 TAC 89.71-89.843046 19 TAC 89.71-89.903039 19 TAC 89.111-89.1203039, 3046 19 TAC 89.1313039 19 TAC 89.201, 89.2033039, 3046 19 TAC 89.211-89.224, 89.226-89.229, 89.231-89.240, 89.2423046 19 TAC 89.211-89.2463039 19 TAC 89.250, 89.252-89.254, 89256, 89.2583055 19 TAC 89.250-89.2593040 19 TAC 89.291-89.2963040 19 TAC 89.3313055 19 TAC 89.331-89.3343040 19 TAC 109.613055 19 TAC 185.13056 19 TAC 185.10-185.233056 19 TAC 185.1013064 19 TAC 185.121-185.1293064 TITLE 22. EXAMINING BOARDS Part I. Texas Board of Architectural Examiners 22 TAC 3.1443077 Part XI. Board of Nurse Examiners 22 TAC 211.53175 22 TAC 213.12, 213.163191 22 TAC 213.12, 213.223301 22 TAC 215.173191 22 TAC 217.1, 217.153191 22 TAC 217.103175 22 TAC 218.93175 22 TAC 222.1-222.43195 22 TAC 221.1-221.83194 22 TAC 221.1-221.103195 Part XV. Texas State Board of Pharmacy 22 TAC 291.363107 Part XXIII. Texas Real Estate Commission 22 TAC 535.173025 22 TAC 535.513077 22 TAC 535.71, 535.723078 22 TAC 535.913025 22 TAC 535.923080 22 TAC 535.1223080 22 TAC 539.813026 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health 25 TAC 1.43105, 3124 25 TAC 1.53124 25 TAC 31.33125 25 TAC 97.223176 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC 7.28, 7.303305 28 TAC 7.593305 28 TAC 7.913257 28 TAC 9.113105 28 TAC 9.313301 28 TAC 11.802-11.8073258 28 TAC 11.803, 11.8043258 28 TAC 25.7153081 Part II. Texas Workers' Compensation Commission 28 TAC 42.1103026, 3033 28 TAC 42.1113173 28 TAC 110.1033296, 3302 28 TAC 126.73137 28 TAC 134.4003028, 3033 28 TAC 134.6003029 28 TAC 170.1, 170.2, 170.33030 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department 31 TAC 53.8, 53.103138 31 TAC 59.2, 59.33140 31 TAC 59.63126 31 TAC 65.723126 Part III. Texas Air Control Board 31 TAC 101.13128 31 TAC 112.6, 112.203128 Part X. Texas Water Development Board 31 TAC 355.13239 31 TAC 355.1-355.113239 31 TAC 355.10-355.193241 31 TAC 355.31-355.403241 31 TAC 355.51-355.613241 31 TAC 355.70-355.773242 31 TAC 355.70-355.803242 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts 34 TAC 1.423179 34 TAC 3.93023, 3296, 3302 34 TAC 3.2853244 34 TAC 3.2953195 34 TAC 3.2973251 34 TAC 3.3133195 34 TAC 3.6923235 34 TAC 3.6933235 Part VII. State Property Tax Board 34 TAC 165.73-165.783135 Part IX. Texas Bond Review Board 34 TAC 181.113196 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety 37 TAC 1.2313129 Part VI. Texas Department of Criminal Justice 37 TAC 152.33179 Part IX. Texas Commission on Jail Standards 37 TAC 271.33141 37 TAC 273.53105 37 TAC 283.13141 37 TAC 297.93130 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services 40 TAC 4.10063186 40 TAC 10.3411, 10.3412, 10.3414, 10.3415, 10.3424, 10.3433, 10.3453, 10.34543247 40 TAC 10.34563248 40 TAC 10.3460-10.34653248 40 TAC 14.2043305 40 TAC 24.1023033 40 TAC 24.3013142 40 TAC 29.6103189 40 TAC 47.69013186 40 TAC 48.25013031 40 TAC 48.29063197 40 TAC 48.98083197 40 TAC 49.1601-49.16033131 40 TAC 85.14043259 Part VII. Texas Committee on Purchases of Products and Services of Blind and Severely Diabled Persons 40 TAC 189.2, 189.3, 189.5, 189.103259 Part IX. Texas Department on Aging 40 TAC 259.2-259.4, 259.6, 259.73032 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC 11.1-11.33197 43 TAC 11.80-11.903197 43 TAC 13.83259 43 TAC 21.1503236, 3251 43 TAC 25.802, 25.806, 25.8073260 Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part XIII. Texas Incentive and Productivity Commission Chapter 273. State Employee Incentive Program 1 TAC 273.1, 273.7, 273.9, 273.15 The Texas Incentive and Productivity Commission adopts on an emergency basis amendment to 273.1, 273.7, 273.9, and 273.15, concerning the State Employee Incentive Program. The emergency amendment will expire in 120 day. The commission is simultaneously submitting identical proposed amendments to take effect upon expiration of the emergency amendments. The passage of Senate Bill 603, Acts of the 72nd Legislature, expanded state employee eligibility to participate in the State Employee Incentive Program. The expanded eligibility opens the suggestion program to receive money-saving suggestions from formerly excluded employees, such as hourly, part-time, exempt, and judicial branch workers. A swift rule change may have a substantial financial impact on the state since thousands more state employees will be able to share their cost-saving ideas with management through the State Employee Incentive Program. In addition, a swift change in rules will allow these formerly excluded employee to participate in the privately funded governor's productivity suggestion awards, three awards totalling $17,000. The deadline for participation in the Governor's awards is July 31, 1991. Other changes are necessary to bring the rule into compliance with Senate Bill 603. A definition of "state employee" was added to 273.1. In addition, the definition of "net savings or net revenue" was modified to include monetary amounts from increased productivity. The amendment to 273.7 refers to changes in the allocation of net annual savings enacted by the 72nd Legislature. The amendment to 273.9 makes eligible all state employees in the executive and judicial branches, including hourly, part-time, seasonal, and exempt employees. Former 273.15(d) is being moved to 273.9(b) so that eligibility issues are all in the same section. Other changes to 273.9 allow the commission to find eligible a suggestion that was implemented prior to official submission to the State Employee Incentive Program if the suggester was the idea originator and implementation resulted from that suggester's idea. The amendments are adopted on an emergency basis under Texas Civil Statutes, Article 6252-29a, 1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for the State Employee Incentive Program. 273.1. Definitions for the State Employee Incentive Program. The following words and terms, when used in this chapter shall pertain only to the State Employee Incentive Program and shall have the following meanings, unless the context clearly indicates otherwise. Net savings or net revenueThe monetary amount, measured during the year of implementation, of reduced expenditures, [or] increased revenues, or increased productivity attributable to the employee suggestion versus the previous procedure, system, equipment, standard, or material. This includes adjustments for the costs of implementation, inflation, and other factors deemed by the commission as distortions of the actual quantitative merit of an implemented suggestion. State agency or agencyA department, commission, board, office, or other agency in the executive or judicial branch of government that is created under the constitution or a statute of this state. This definition includes institutions of higher education. State employeeA state agency employee. 237.7. Agency's Role. (a)-(e)(No change.) (f)Allocation of net annual savings. Net annual savings realized from employee suggestions adopted by a state agency must be allocated by the state agency as provided in the General Appropriations Act (Senate Bill 222, Acts of the 71st Legislature, Article I-108, Rider 2) or by Senate Bill 603, 2(f) , Acts of the 72nd Legislature. 273.9. [Employee] Eligibility. (a)Employee eligibility [Full-time state employees]. Each [full-time] state employee is eligible to participate in the State Employee Incentive Program (program) except an employee: (1)-(3)(No change.) (4)who is involved in, or has access to agency research and development programs, if that information is used as the basis of the suggestion; [and/or] (5)whose job description includes developing the type of change in the agency administration that is proposed in the suggestion; and/or (6)who is an elected or appointed official. (b)Suggestion eligibility. A suggestion is ineligible for consideration under this program if it: [Elected or appointed officials. An elected or appointed agency official is not eligible to participate in the program.] (1)does not describe a method to achieve the desired savings or benefit; (2)proposes ideas under consideration for implementation (in and outside of the program) on the date that the suggestion is submitted to the agency; (3)relates only to personnel matters or grievances, including employee classification or compensation; (4)proposes a correction for a condition that resulted because applicable established procedures were not properly followed; (5)proposes implementation of a policy or procedure that has already been adopted by the employee's agency, except as described in subsection (c) of this section; or (6)violates the intent of the program. (c)Agency implementation prior to submission of suggestion to the program. If an agency adopts a policy or procedure as a result of an employee suggestion before the suggestion is submitted to the agency coordinator, the commission may grant a bonus or issue a certificate of appreciation to the employee or employees who made the suggestion if the agency coordinator confirms that: (1)the employee or employees who receive the award are eligible as described in subsection (a) of this section; (2)the suggestion is otherwise eligible under subsection (b) of this section; (3)the employee or employees proposed a reasonable method of implementation and described the type of benefits or savings foreseen to the agency before agency implementation; and (4)the agency adopted the policy or procedure as a result of the suggestion. 273.15. Suggestion Submissions. (a)-(c)(No change.) [(d)Ineligible suggestions. A suggestion is ineligible for consideration under the program if it: [(1)does not describe a method to achieve the desired savings or benefit; [(2)proposes ideas under consideration or implementation (in and outside of the program) on the date that the suggestion is submitted; [(3)relates only to personnel matters or grievances, including employee classification or compensation; [(4)proposes a correction for a condition that resulted because applicable established procedures were not properly followed; [(5)proposes implementation of a policy or procedure that has already been adopted by the employee's agency; or [(6)violates the intent of the program.] (d)[(e)]Transmittal to the commission. The agency coordinator shall transmit all employee suggestions, whether eligible or ineligible, and the evaluation of each to the commission not later than the 90th day after the day on which the suggestion was received by the agency coordinator. (e)[(f)]Extensions on transmittals. If the complexity of the suggestion prevents the agency from adequately evaluating it in 90 days, the agency may request an extension in writing to the commission. The commission may grant such extension for a period of 90 days. Issued in Austin, Texas on June 11, 1991. TRD-9106894 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: June 12, 1991 Expiration date: October 10, 1991 For further information, please call: (512) 475-2393 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 110. General Provisions-Required Notices of Coverage Subchapter B. Employer Notices 28 TAC 110.103 The Texas Workers' Compensation Commission (TWCC) adopts on an emergency basis an amendment to 110.103, concerning notice of non-coverage to the commission. The amendment is effective immediately. The amendment to subsection (a) of the existing section makes clear that the annual notice of non-coverage does not have to be filed by employers who hire only employees who are exempt from the Texas Workers' Compensation Act (the Act), under 3.10. In summary, such exempt employees are those covered for work-related injuries under federal law, domestic or casual workers whose employment is incidental to a personal residence, and certain farm or ranch employees not covered pursuant to the Act, 3.07. The amendment to subsection (c) of the existing section instructs employers to file the notice with the commission in 1991, and with the State Board of Insurance (SBI) in each subsequent year. The TWCC finds that it is necessary to adopt the amendment on an emergency basis. The agency finds there will be imminent peril to public health, safety, or welfare if the amendment is not enacted on an emergency basis. The facts constituting emergency are: unless this emergency rule is adopted, certain employers of employees exempt from the Act will file administrative violations under the current rule. In addition, the Act, 3.10 and 3.22, create ambiguity and uncertainty as to the responsibilities of thousands of Texas employers. Finally, negotiations between TWCC and the SBI as to transfer of information-gathering duties to SBI are currently underway, and the number of expected future filings of non-coverage notices directly impacts those negotiations and development of data capturing programs. The amendment is adopted under Texas Civil Statutes, Article 8308, 2.09(a), which provide the Texas Workers' Compensation Commission with the authority to adopt rules as necessary for the implementation and enforcement of this Act, and 3.22(a), which authorize the commission to require the employer to provide reasonable information about its business on the notice of noncoverage and by authority of Texas Civil Statutes, Article 6252-13a, 4 and 5. 110.103. Notice of Noncoverage to the Commission. (a)Each employer who employs one or more employees and who does not have workers' compensation insurance coverage on March 20 of each year shall notify the commission that the employer does not have workers' compensation insurance coverage. However, a person who employs only employees who are exempted from the Texas Workers' Compensation Act (the Act), under 3.10, does not have to comply with this section. (b)(No change.) (c)The notice shall be filed with the commission no later than May 15 of year 1991, and with the State Board of Insurance in subsequent years [each year]. (d)(No change.) Issued in Austin, Texas, on June 10, 1991. TRD-9106825 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: June 10, 1991 Expiration date: October 8, 1991 For further information, please call: (512) 440-3973 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter A. General Rules 34 TAC 3.9 The Comptroller of Public Accounts adopts on an emergency basis an amendment to new emergency 3.9, concerning electronic filing of returns and reports; electronic transfer of certain payments of certain taxpayers. The original emergency section was published in the February 1, 1991, issue of the Texas Register (16 TexReg 535). The amendment in subsection (c) further defines the applicability of the state treasurer's administrative rules to payments made to the comptroller. The change in subsection (e) excludes protest payments by electronic funds transfer. The new emergency section provides the requirement for payment of fees and taxes administered by the Comptroller of Public Accounts. The amendment to the new section is adopted on an emergency basis to provide information to interested persons before the effective date of the new legislation. The new section is adopted on an emergency basis under the Tax Code, 111. 002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 3.9. Electronic Filing of Returns and Reports; Electronic Transfer of Certain Payments by Certain Taxpayers. (a)Electronic filing of returns and reports. The comptroller may authorize a taxpayer to file any report or return required to be filed with the comptroller under the Tax Code, Title 2, except those required to be filed under the Tax Code, Chapter 211, by means of electronic transmission under the following circumstances: (1)the taxpayer or its authorized agent shall first have entered into a written agreement with the comptroller permitting such a method of filing returns and reports. The signature of the taxpayer or its authorized agent on the written agreement entered into for this purpose shall be deemed to appear on each report or return filed electronically with the comptroller as if actually included on it; (2)the method of electronic transmission of each such return and report shall be made in a manner compatible with the comptroller's equipment and facilities. (b)Electronic transfer of certain payments by certain taxpayers. Pursuant to the provisions of the Government Code, 404.095(c), the comptroller shall require persons who have paid the comptroller a total of $500, 000 or more in a single category of payments or taxes during the preceding state fiscal year to transfer payment amounts of $10,000 or more in that category of payments or taxes to the comptroller by means of electronic funds transfer. (c)Applicability of the state treasurer's administrative rules. The administrative rules of the State Treasurer's Office on electronic funds transfer dealing with definitions of terms, state agency rules requirements, applicability determination and notification procedures, voluntary payments by electronic funds transfer, [eligibility determinations,] payor information, means of electronic funds transfer, communication of payment information to the data collection center, transfer of funds to the Treasury, alternate procedures, credit of payment, proof of payment, [and] errors in transmission, and notification and adoption by reference (34 TAC 15. 2, 15.4-15.15 [and 15.4-15.14], 15.7, and 16.1) shall be applicable to all such payments to the comptroller. (d)Notification of affected persons. The comptroller shall notify the persons to whom this section applies no less than 60 days before the first payment is to be made pursuant to it. (e)Exclusion of protest payments. Protested tax payments may not [are not required to] be submitted by means of electronic funds transfer. Issued in Austin, Texas, on June 10, 1991. TRD-9106798 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: June 10, 1991 Expiration date: July 27, 1991 For further information, please call: (512) 463-4028 Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part XIII. Texas Incentive and Productivity Commission Chapter 273. State Employee Incentive Program 1 TAC 273.1, 273.7, 273.9, 273.15 (Editor's Note: The Texas Incentive and Productivity Commission proposes for permanent adoption the amended sections it adopts on an emergency basis in this issue. The text of the amended sections is in the Emergency Rules section of this issue.) The Texas Incentive and Productivity Commission proposes amendments to 273.1, 273.7, 273.9, 273.15, concerning the State Employee Incentive Program. The commission is simultaneously submitting identical emergency amendments to be in effect until the proposed amendments are adopted. A definition of "state employee" was added to 273.1. In addition, the definition of "net savings or net revenue" was modified to include monetary amounts from increased productivity. The amendment to 273.7 refers to changes in the allocation of net annual savings enacted by the 72nd Legislature. The amendment to 273.9 makes eligible all state employees in the executive and judicial branches, including hourly, part-time, seasonal, and exempt employees. Former 273.15(d) is being moved to 273.9(b) so that eligibility issues are all in the same section. Other changes to 273.9 allow the commission to find eligible a suggestion that was implemented prior to official submission to the State Employee Incentive Program if the suggester was the idea originator and implementation resulted from that suggester's idea. M. Elaine Powell, executive director, has determined that for the first five- year period the sections are in effect there will be fiscal implications for state government. As a result of the rules amendments, significantly more state employees will be eligible to submit cost-saving and revenue-raising ideas to the State Employee Incentive Program. There will be no fiscal impact on local government. Ms. Powell also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the facilitation of participation in the State Employee Incentive Program which will result in more submissions of cost saving suggestions. Lowering state operating expenses is in the best interest of the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The amendments are proposed under Texas Civil Statutes, Article 6252-29a, 1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for the State Employee Incentive Program. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 11, 1991. TRD-9106895 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 475-2393 Chapter 289. Productivity Bonus Program Definitions 1 TAC 289.1 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Incentive and Productivity Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Incentive and Productivity Commission proposes the repeal of 289.1, concerning the Productivity Bonus Program definitions. The repeal of this section is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. M. Elaine Powell, executive director, has determined that for the first five- year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Ms. Powell, also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be that the repeal will enable the consolidation of rules from many chapters into one chapter thereby making the rules easier to read and amend. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The repeal is proposed under Texas Civil Statutes, Article 6252-29a, 1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its programs. 289.1. Definitions for the Productivity Bonus Program. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on June 11, 1991. TRD-9106896 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 475-2393 Chapter 291. Plan Submission and Approval Process 1 TAC 291.1, 291.3, 291.5 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Incentive and Productivity Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Incentive and Productivity Commission proposes the repeal of 291.1, 291.3, and 291.5, concerning the Productivity Bonus Program plan submission and approval process. The repeal of these sections is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. M. Elaine Powell, executive director, has determined that for the first five- year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Ms. Powell, also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be that the repeal will enable the consolidation of rules from many chapters into one chapter thereby making the rules easier to read and amend. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The repeals are proposed under Texas Civil Statutes, Article 6252-29a, 1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its programs. 291.1. Submission of Productivity Plans. 291.3. Approval by Commission. 291.5. Plan Revisions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on June 11, 1991. TRD-9106897 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 475-2393 Chapter 293. Application for Award and Savings Transfer 1 TAC 293.1, 293.3, 293.5 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Incentive and Productivity Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Incentive and Productivity Commission proposes the repeal of 293.1, 293.3, and 293.5, concerning the applications for award and savings transfers under the Productivity Bonus Program. The repeal of these sections is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. M. Elaine Powell, executive director, has determined that for the first five- year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Ms. Powell, also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be that the repeal will enable the consolidation of rules from many chapters into one chapter thereby making the rules easier to read and amend. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The repeal is proposed under Texas Civil Statutes, Article 6252-29a, 1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its programs. 293.1. Application. 293.3. Qualifications for Award. 293.5. Savings Transfer. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on June 11, 1991. TRD-9106898 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 475-2393 Chapter 295. Award Approval 1 TAC 295.1 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Incentive and Productivity Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Incentive and Productivity Commission proposes the repeal of 295.1, concerning the timeline and process for the review and approval of a productivity bonus plan. The repeal of this section is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. M. Elaine Powell, executive director, has determined that for the first five- year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Ms. Powell also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be that the repeal will enable the consolidation of rules from many chapters into one chapter thereby making the rules easier to read and amend. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The repeal is proposed under Texas Civil Statutes, Article 6252-29a, 1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its programs. 295.1. Application Review. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on June 11, 1991. TRD-9106899 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 475-2393 Chapter 297. Award Eligibility and Distribution 1 TAC 297.1, 297.3, 297.5 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Incentive and Productivity Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Incentive and Productivity Commission proposes the repeal of 297.1, 297.3, and 297.5, concerning the Productivity Bonus Program awards eligibility and distribution. The repeal of these sections is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. M. Elaine Powell, executive director, has determined that for the first five- year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Ms. Powell also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be that the repeal will enable the consolidation of rules from many chapters into one chapter thereby making the rules easier to read and amend. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The repeals are proposed under Texas Civil Statutes, Article 6252-29a, 1, which authorize the Texas incentive and Productivity Commission to promulgate rules for its programs. 297.1. Awards to Employees. 297.3. Awards to a Division. 297.5. Awards to Agencies. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on June 11, 1991. TRD-9106900 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 475-2393 TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 213. Practice and Procedure 22 TAC 213.12, 213.22 The Board of Nurse Examiners proposes an amendment to 213.12 and new 213.22, concerning hearing procedure and hearings examiner. The board is proposing to adopt these rules in order to conduct the hearing procedure in a more practical manner. A hearings examiner would be utilized in the more complex cases. The fee structure would increase state revenue as well as reduce the hours spent on frivolous motions. The board is attempting, through these rules, to accomplish its mission in the most efficient way possible. Louise Waddill, R.N., Ph.D., executive director, has determined that there will be fiscal implications as a result of enforcing or administering the section. The effect on state government for the first five- year period the sections are in effect will be an estimated increase of $42,200 in 1992; $43,000 in 1993; $43,900 in 1994; $44,800 in 1995; and $45,700 in 1996. There will be no effect on local government for the first five-year period the sections are in effect. Ms. Waddill also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that the state will recover a significant portion of the expenses for conducting formal hearings and may also reduce the number of unnecessary long case presentations, thereby allowing agency to function more productively and cost effectively. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the sections as proposed will be $42,200 in 1992; $43,000 in 1993; $43,900 in 1994; $44,800 in 1995; and $45,700 in 1996 for those individual nurses in formal hearings. Comments on the proposal may be submitted to Louise Waddill, R.N., Ph.D., Executive Director, Board of Nurse Examiners, Box 140466, Austin, Texas 78714. The amendments are proposed under Texas Civil Statutes, Article 4514, 1 and Article 4525(b), which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for its performance and conducting of proceedings before it, and the board may assess a person found to have violated any provision of this chapter the administrative costs of conducting a hearing to determine that violation. 213.12. Hearing Procedure. (a)-(g)(No change.) (h)Administrative hearing costs. (1)If the board determines that a person is in violation of any provision of the Act, the person may be assessed the administrative costs of conducting the hearing in the following amounts. (A)An administrative hearing shall cost $300 for the first hour; $75 for each additional hour. (B)The costs for conducting the hearing will be prorated for the portion of time actually used. (2)A person found not to be in violation of the Act will not be assessed the administrative costs of conducting the hearing. 213.22. Hearings Examiner. (a)The board, on its own motion or at the request of the staff or respondent, may direct that a hearings examiner conduct the administrative hearing in a contested case. The hearings examiner shall preside over and conduct the hearing as follows: (1)convene and call the hearing to order; (2)state the purpose and the legal authority for the hearing; (3)announce that a record of the hearing will be made; (4)outline the procedure and order of presentation that will be followed; and (5)take all other actions as authorized by applicable law to provide for a fair, just, and proper hearing. (b)The hearing procedure shall take place in accordance with 213.12 of this title (relating to Hearing procedure). (c)If a proposal for decision is necessary under the APA, the hearings examiner shall prepare the proposal and provide copies of same to all parties. (d)Each party having the right and desire to file exceptions and briefs shall file them with the hearings examiner within the time designated by the hearings examiner. Parties desiring to do so shall file written replies to these exceptions and briefs as soon as possible after receiving same, and within the time designated by the hearings examiner. (e)The final order or decision shall be rendered by the board. All final orders or decisions shall be in writing and shall set forth the findings of fact and conclusions required by law, either in the body of the order or by reference to a hearings examiner's proposal for decision. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on June 10, 1991. TRD-9106857 Louise Waddill, R.N., Ph.D. Executive Director Board of Nurse Examiners Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 835-8650 TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 9. Title Insurance Subchapter A. Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas 28 TAC 9.31 The State Board of Insurance proposes new 9.31, concerning adoption by reference of an amendment to a rate rule for providing a credit on a subsequent issuance of a mortgagee policy, under certain conditions. The section is necessary to provide replacement or substitute mortgagee policies in the event an insolvent insurer has been placed in permanent receivership. Section 9.31 adopts by reference new Rate Rule R-6c in the Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas. Rate Rule R-6c provides for a credit of one- half of the basic premium rate for a subsequent issue of a mortgagee policy, on a lien already covered by an existing mortgagee policy, but not to take up, renew, extend, or satisfy an existing lien, in the event an insolvent insurer is placed in permanent receivership. The new section also requires surrender of the original mortgagee policy to the company when requesting a subsequent issue. The board has filed with the Secretary of State's Office, Texas Register Section, a copy of the material adopted by reference under this section. Persons desiring copies of Rate Rule R-6c can obtain copies from the Title Insurance Section, Mail Code 012-7 State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149104, 78714-9104. Fabian S. Gomez, manager of title insurance, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section, and no effect on local employment or local economy. Mr. Gomez also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section as proposed will be the availability of replacement or substitute mortgagee policies to the consumer in the event an insolvent insurer has been placed in permanent receivership. The anticipated economic cost for small businesses and other persons who are required to comply with the section will be an increase of not more than $25 in expenses for completion of any form required by the new section. On the basis of cost per hour of labor, there will be no difference in cost of compliance between small and large business. Comments on the proposal may be submitted to Fabian S. Gomez, Manager of Title Insurance, Mail Code 012-7, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The new section is proposed under the Insurance Code, Articles 1.04, 9.07, 9. 21, and 9.30, and Texas Civil Statutes, Article 6252-13a, 4 and 5. The Insurance Code, Article 1.04, authorizes the State Board of Insurance to determine policy and rules. The Insurance Code, Article 9.07, authorizes and requires the board to promulgate or approve forms for policies of title insurance, to require title insurance companies and agents to submit information material for the board's consideration, and otherwise to provide for the regulation of the business of title insurance. The Insurance Code, Article 9.21, authorizes the board to promulgate and enforce rules and regulations prescribing underwriting standards and practices, and to promulgate and enforce all other rules and regulations necessary to accomplish the purposes of the Insurance Code, Chapter 9, concerning the regulation of title insurance. The Insurance Code, Article 9.30, prohibits rebates and discounts and provides for division of premiums between title insurance companies and title insurance agents as shall be set by the State Board of Insurance. Texas Civil Statutes, Article 6252-13a, 4, authorize and require each state agency to adopt rules of practice setting forth the nature and requirements of available procedures. Section 5 of that article prescribes the procedure for adoption of rules by a state administrative agency. 9.31. Rate Rule for Subsequent Issuance of Mortgagee Policy. In addition to material adopted by reference under 9.1 of this title (relating to Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas) the State Board of Insurance adopts by reference, as part of the Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas, new Rate Rule R-6c for provision of a credit in the event of a subsequent issue of a mortgagee policy. This document is published by and is available from Hart Forms and Services, 11500 Metric Boulevard, Austin, Texas 78758, and is available from and on file at the Title Insurance Section, Mail Code 012-7, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 12, 1991. TRD-9106893 Nicholas Murphy Chief Clerk State Board of Insurance Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 463-6327 Part II. Texas Workers' Compensation Commission Chapter 110. General Provisions-Required Notices of Coverage Subchapter B. Employer Notices 28 TAC 110.103 (Editor's Note: The Texas Workers' Compensation Commission proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended sections is in the Emergency Rules section of this issue.) The Texas Workers' Compensation Commission proposes an amendment to 110. 103, concerning notice of non-coverage to the commission. The amendment is necessary to reconcile two provisions of the Texas Workers' Compensation Act (the Act), 3.10 and 3.22(a). The amendment to subsection (a) of the existing section makes clear that the annual notice of non-coverage does not have to be filed by employers who hire only employees who are exempt from the Act, under 3.10. In summary, such exempt employees are those covered for work-related injuries under federal law, domestic or casual workers whose employment is incidental to a personal residence, and certain farm or ranch employees not covered pursuant to the Act, 3.07. The amendment to subsection (c) of the existing section instructs employers to file the notice with the commission in 1991, and with the State Board of Insurance in each subsequent year. R. Glenn Looney, manager of planning and analysis, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Looney also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be clarification of provisions related to filing the notice of noncoverage. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed, except for minimal costs of postage for mailing the required form to the commission or the State Board of Insurance. Comments on the proposal may be submitted to Susan M. Kelley, General Counsel, Texas Workers' Compensation Commission, The Southfield Building, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The amendment is adopted under Texas Civil Statutes, Article 8308, 2.09(a), which provide the Texas Workers' Compensation Commission with the authority to adopt rules as necessary for the implementation and enforcement of this Act, and 3.22(a), which authorize the commission to require the employer to provide reasonable information about its business on the notice of noncoverage. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 10, 1991. TRD-9106826 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 440-3973 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter A. General Rules 34 TAC 3.9 The Comptroller of Public Accounts proposes new 3.9, concerning electronic filing of returns and reports; electronic transfer of certain payments of certain taxpayers. The new section provides the requirement for payment of fees and taxes administered by the Comptroller of Public Accounts. Tom Plaut, chief revenue estimator, has determined that for the first five-year period the proposed section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. There will be no effect on local government. The revenue gain to the state is as follows. Mr. Plaut also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be in providing information regarding a more efficient means of reporting required tax returns and reports. This section is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the new section may be submitted to Lucy Glover, Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The new section is proposed under the Tax Code, 111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 3.9. Electronic Filing of Returns and Reports; Electronic Transfer of Certain Payments by Certain Taxpayers. (a)Electronic filing of returns and reports. The comptroller may authorize a taxpayer to file any report or return required to be filed with the comptroller under the Tax Code, Title 2, except those required to be filed under the Tax Code, Chapter 211, by means of electronic transmission under the following circumstances: (1)the taxpayer or its authorized agent shall first have entered into a written agreement with the comptroller permitting such a method of filing returns and reports. The signature of the taxpayer or its authorized agent on the written agreement entered into for this purpose shall be deemed to appear on each report or return filed electronically with the comptroller as if actually included on it; (2)The method of electronic transmission of each such return and report shall be made in a manner compatible with the comptroller's equipment and facilities. (b)Electronic transfer of certain payments by certain taxpayers. Pursuant to the provisions of the Government Code, 404.095(c), the comptroller shall require persons who have paid the comptroller a total of $500, 000 or more in a single category of payments or taxes during the preceding state fiscal year to transfer payment amounts of $10,000 or more in that category of payments or taxes to the comptroller by means of electronic funds transfer. (c)Applicability of the state treasurer's administrative rules. The administrative rules of the State Treasurer's Office on electronic funds transfer dealing with definitions of terms, state agency rules requirements, applicability determination and notification procedures, voluntary payments by electronic funds transfer, payor information, means of electronic funds transfer, communication of payment information to the data collection center, transfer of funds to the Treasury, alternate procedures, credit of payment, proof of payment, errors in transmission, and notification and adoption by reference (34 TAC 15.2, 15.4-15.15, 15.17, and 16.1) shall be applicable to all such payments to the comptroller. (d)Notification of affected persons. The comptroller shall notify the persons to whom this section applies no less than 60 days before the first payment is to be made pursuant to it. (e)Exclusion of protest payments. Protested tax payments may not be submitted by means of electronic funds transfer. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on June 10, 1991. TRD-9106799 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: July 19, 1991 For further information, please call: (512) 463-4028 Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 7. Corporate and Financial Regualtion Subchapter A. Examination and Corporate Custodian and Tax 28 TAC 7.28, 7.30 The State Board of Insurance adopts amendments to 7.28 and 7.30, without changes to the proposed text as published in the April 26, 1991, issue of the Texas Register (16 TexReg 2418). Section 7.28 and 7.30 concern the application of penalty and interest to the quarterly prepayment system and taxpayer election for premium tax overpayment. These amendments are necessary to ensure the equitable application to all insurers of the taxpayer election for premium tax overpayment. The amendment to 7.28 clarifies that the section applies to quarterly prepayments under the Insurance Code, Articles 4.10, 6(b); 4.11, 13(a); and 9.59, 3(b), which requires insurers with net tax liability for the previous calendar year in excess of $1,000 to prepay their current year's taxes on a quarterly basis. Section 7.30 allows taxpayers to elect to apply overpayments of the correctly reported annual tax liability, as reported on the original return, against future quarterly prepayments of the following tax year. The amendment to 7.30 allows taxpayers to also apply overpayments as credit against quarterly prepayments in situations where an amended annual return is subsequently filed. No comments were received regarding adoption of the amendments. The amendments are adopted under the Insurance Code, Articles 4.10, 6(c); 4.11, 13(b); and 9.59, 3(c) which provides the State Board of Insurance with the authority to establish such rules, regulations, minimum standards, or limitations which are fair and reasonable as may be appropriate for the augmentation and implementations of the articles, which relate to payment of premium tax; and under the Insurance Code, Article 4.13 and Article 4.14, which imposes interest and penalties for late payment of taxes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 11, 1991. TRD-9106866 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: July 2, 1991 Proposal publication date: April 26, 1991 For further information, please call: (512) 463-6327 28 TAC 7.59 The State Board of Insurance adopts new 7.59, without changes to the proposed text as published in the February 8, 1991, issue of the Texas Register (16 TexReg 711 ). Section 7.59 concerns forms and instructions for the preparation and filing of tax returns by surplus lines agents for the 1990 calendar year. This new section is necessary to provide forms and instructions which will facilitate compliance with statutory requirements for reporting and payment of taxes to the State Board of Insurance. New 7.59 adopts by reference forms and instructions for the preparation of tax returns by surplus lines agents. Proposal of this section includes proposal for adoption by reference of forms and instructions. No comments were received regarding adoption of the new section. The amendment is adopted under the Insurance Code, Article 1.04 and Article 1. 14-2. Article 1.04 provides the State Board of Insurance with the authority to determine rules in accordance with the laws of this state. Article 1.14-2 requires surplus lines agents to collect, report, and pay gross premium tax on premium collected by those agents on policies of insurance. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 11, 1991. TRD-9106874 Nicholas Murhpy Chief Clerk State Board of Insurance Effective date: July 2, 1991 Proposal publication date: February 8, 1991 For further information, please call: (512) 463-6327 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 14. County Indigent Health Care Program Subchapter C. Providing Services 40 TAC 14.204 The Texas Department of Human Services (DHS) adopts an amendment to 14. 204, concerning services and payment liability, limitations, adn options, without changes to the proposed text as published in the April 26, 1991, issue of the Texas Register (16 TexReg 2356). The amendments change the way County Indigent Health Care Program (CIHCP) counties claim reimbursement for CIHCP services provided to a retroactively Medicaid-eligible SSI appellant. The amendments were recommended by the Indigent Health Care Advisory Committee. Currently, the county reports certification of SSI appellants to DHS by filing DHS Form 105, Monthly Financial/Activity Report. DHS checks the Medicaid status of all county-reported SSI appellants periodically, and notifies the county when it determines that an appellant is Medicaid eligible. Upon receipt of notification, the county submits a completed reimbursement claim to DHS. The current procedure requires enormous amounts of paperwork for DHS and county staff. The National Heritage Insurance Company (NHIC), the state's Medicaid insurer, has a toll-free automated inquiry system known as the automated inquiry system (NAIS) which can provide an authorized caller with information about a client's Medicaid eligibility. DHS has arranged with NHIC for counties to be given an access code number which will enable them to obtain information about Medicaid status at the county's convenience. The county would no longer have to report certification of SSI appellants and their change in status to DHS on Form 105. Instead, when the county determines (through NAIS) that a CIHCP-eligible SSI appellant is Medicaid eligible, the county generates a completed reimbursement claim. DHS plans to pursue development of an automated computer match system for identifying Medicaid-eligible SSI appellants in the future. When that system is developed, counties will have the option to use that system or the NAIS system. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4438f, the Indigent Health Care and Treatment Act, Title I, and the Human Resources Code, Title 2, Chapters 22 and 32, which provide the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 11, 1991. TRD-9106839 Nancy Murphy Agency liaison, Policy and Document Support Section Texas Department of Human Services Effective date: July 15, 1991. Proposal publication date: April 26, 1991 For further information, please call: (512) 450-3765 State Board of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act, and the final actions printed in this section have not been previously published as proposals. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 1110 San Jacinto Street, Austin.) The State Board of Insurance has adopted amendments to the Texas Automobile Manual. The board has adopted physical damage rating symbols for certain 1991 model private passenger automobiles. The symbols adopted were developed from manufacturer list price data and adjusted in accordance with the prescribed vehicle series rating rule contained in the Symbol and Identification Section of the Texas Automobile Manual for 1990 models and subsequent models. The amendments are to be effective on the 60th day after notice of this action is published in the adopted rule section of the Texas Register. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on June 10, 1991. TRD-9106783 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: August 17, 1991 For further information, please call: (512) 463-6327 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. State Bar of Texas Wednesday, June 19, 1991, 10 a.m. The Commission on Lawyer Discipline of the State Bar of Texas will meet at the First City Tower, 1001 Fannin, Suite 1510, Houston. According to the agenda summary, the commission will review and discuss duties and authority; review rules and procedures; appoint committees; approval of settlements; budget for Office of General Counsel; organization of General Counsel; budget for commission; discuss committee reports; recently resolved disciplinary cases and pending litigation in closed executive session pursuant to Article 6252-17(2)(e); review prayer in disciplinary pleadings; case load updates from Chief Disciplinary Counsel; expansion of grievance committees; opinion of Chief Disciplinary Counsel; and future meeting days and locations. Contact: John Herzer, 400 West 15th Street, Suite 1500, Austin, Texas 78711, (512) 463-1381. Filed: June 11, 1991, 4 p.m. TRD-9106871 Wednesday and Saturday, June 19 and 22, 1991, 9 a.m. The Board of Directors of the State Bar of Texas will meet at the Four Seasons Hotel Ballroom, 1300 Lamar Boulevard, Houston. According to the agenda summary, the board will hear reports of the Chairman of the Board, President, President-elect, executive director, General Counsel (pursuant to Article 6252-172(e), with closed executive session to discuss litigation), Task Force for delivery of legal services to the poor, board of legal specialization, board committees, bar committees/sections/divisions, immediate past president, immediate past chairman of the board, TYLA president, supreme court liaison, court of criminal appeals liaison, judicial section liaison, and federal judicial liaison; introduction of new board and presentation to retiring members; and on Saturday, swearing in new directors; installation of officers; remarks and presentations; and reports of incoming chairman of the board and incoming president. Contact: Pat Hiller, 1414 Colorado Street, Austin, Texas 78711, (512) 463-1451. Filed: June 11, 1991, 4:01 p.m. TRD-9106872 Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons Friday, June 21, 1991, 9 a.m. The Pricing Subcommittee of the Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons will meet at the Texas State Purchasing and General Services Commission, Central Services Building, #200-A, 1711 San Jacinto Street, Austin. According to the agenda summary, the subcommittee will call the meeting to order; introduce members and guests; acceptance of minutes from March 18, 1991 meeting; discuss and recommend for action on new services; renewal services; new products; product changes and revisions; and adjournment. Contact: Michael T. Phillips, P.O. Box 12866, Austin, Texas 78711, (512) 459- 2604. Filed: June 12, 1991, 2:38 p.m. TRD-9106944 Bond Review Board Thursday, June 20, 1991, 10 a.m. The Bond Review Board will meet at the State Capitol, Sergeant's Committee Room, Austin. According to the agenda summary, the board will call the meeting to order; approval of minutes; consideration of proposed issues; discuss other business; and adjourn. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 463-1741. Filed: June 12, 1991, 11:27 a.m. TRD-9106910 Texas Catastrophe Property Insurance Association Wednesday, June 26, 1991, 8:30 a.m. The Board of Directors of the Texas Catastrophe Property Insurance Association will meet at the Corpus Christi Marriott Bayfront Hotel, 900 North Shoreline Boulevard, Corpus Christi. According to the complete agenda, the board will call the meeting to order; approve minutes of the March 19, 1991 meeting; hear report of the chairman; secretary/treasurer; manager; underwriting director; report of counsel; report from the insurance information institute; report from the loss committee; discuss old business; reinsurance in place; legislative changes for TCPIA; discuss new business; advanced research and technology program; catastrophe procedure; public participation; and other business that may come before the board; location for next board meeting; and adjourn. Contact: Frank R. Rogers, 2801 South Interregional, Austin, Texas 78741, (512) 444-9611. Filed: June 12, 1991, 1:57 p.m. TRD-9106939 Texas Department of Commerce Tuesday, June 25, 1991, 9 a.m. The Texas Literacy Council of the Texas Department of Commerce will meet at the John H. Reagan Building, Room 103, 105 West 15th Street, Austin. According to the agenda summary, the council will call the meeting to order; hear public comment; comments from outgoing chair; comments from interim director of work force development division; manager's report; update on A&M (TCALL) site visits; update on appropriations request; update on LVA-Texas contract; action items; and adjourn. Contact: Martha Alworth, P.O. Box 12728, Austin, Texas 78711, (512) 320-9498. Filed: June 12, 1991, 3:58 p.m. TRD-9106967 Texas Department of Criminal Justice Thursday, June 13, 1991, 4 p.m. The Board of Criminal Justice of the Texas Department of Criminal Justice held an emergency meeting via conference call at 816 Congress Avenue, Suite 500, Austin, Spur 59 off Highway 75 North, Room 203, TDCJ Complex, Huntsville. According to the agenda summary, the board, in accordance with Vernon's Texas Civil Annotated Government Code 492. 006, met via conference call to discuss and approve authorization for construction and/or remodeling; and request for financing. The meeting was made available to the public at the following two locations: Texas Department of Criminal Justice, 816 Congress Avenue, Suite 500, First City Centre, Austin and Texas Department of Criminal Justice, Spur 59, Off U.S. Highway 75 North, Room 203, Huntsville. The emergency status was necessary due to overcrowding crisis within both the state prisons and county jails, emergency action was required to avoid possible extensive delays in project start times and unit opening dates. Contact: Susan Power, P.O. Box 13084, Austin, Texas 78711, (512) 475-3250. Filed: June 11, 1991, 3:59 p.m. TRD-9106868 Thursday, June 27, 1991, 9 a.m. The Community Justice Assistance Grants Review Committee of the Texas Department of Criminal Justice will meet at 8100 Cameron Road, Suite 600, Building B, Austin. According to the complete agenda, the committee will review and discuss community justice plans; residential services applications; discretionary grants applications; electronic monitoring applications; community corrections programs; batterer intervention and prevention program guidelines. Contact: Virginia Grote, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78752, (512) 834-8188. Filed: June 11, 1991, 12:14 p.m. TRD-9106852 Thursday, June 27, 1991, 1:30 p.m. The Community Justice Assistance Division Program Recognition Committee of the Texas Department of Criminal Justice will meet at 8100 Cameron Road, Suite 600, Building B, Austin. According to the complete agenda, the committee will review and discuss cognitive model status report; and treatment alternative to incarceration program. Contact: Virginia Grote, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753, (512) 834-8188. Filed: June 11, 1991, 12:14 p.m. TRD-9106854 Friday, June 28, 1991, 9 a.m. The Community Justice Assistance Division Judicial Advisory Council of the Texas Department of Criminal Justice will meet at 8100 Cameron Road, Suite 600, Building B, Austin. According to the complete agenda, the council will call the meeting to order; introduce guests; discuss approval of minutes; hear program recognition committee report; grants review committee report; discuss other administrative business; date and site of next meeting; and adjourn. Contact: Virginia Grote, 8100 Cameron Road, Suite 600, Building B, Austin, Texas 78753, (512) 834-8188. Filed: June 11, 1991, 12:14 p.m. TRD-9106853 Texas State Board of Dental Examiners Friday, June 14, 1991, 11 a.m. The Texas State Board of Dental Examiners met at the Baylor College of Dentistry, 3302 Gaston, Dallas. According to the emergency revised agenda complete summary, the board also considered the licensure of Lendell Massengale, Jr., D.D.S. The emergency status was necessary as the board had just received information and it had to be considered at this meeting. Contact: C. Thomas Camp, 327 Congress Avenue, Suite 500, Austin, Texas 78701- 4037, (512) 477-2985. Filed: July 12, 1991, 11:33 a.m. TRD-9106911 Texas Education Agency Tuesday, June 18, 1991, 10 a.m. The Commissioner's Advisory Council for Regional Services Committee for Research and Development of the Texas Education Agency will hold an emergency meeting at the William B. Travis Building, 1701 North Congress Avenue, Room 1-111, Austin. According to the complete agenda, the committee will review actions taken by the State Board of Education; discuss Public Education Information Management System (PEIMS); and discuss computer services to school districts. The emergency status is necessary as the agency finds it is of urgent public necessity for this meeting to be held so the council can review recently enacted legislation and its effect on education service centers. Contact: J. Robert Scott, 1701 North Congress Avneue, Austin, Texas 78701, (512) 463-9371. Filed: June 12, 1991, 4:18 p.m. TRD-9106972 Tuesday, June 18, 1991, 1:30 p.m. The Commissioner's Advisory Council for Regional Services Committee for Operations and Services Special Programs of the Texas Education Agency will hold an emergency meeting at the William B. Travis Building, 1701 North Congress Avenue, Room 1-110, Austin. According to the complete agenda, the committee will review actions taken by the State Board of Education; and discuss items related to the education service center comprehensive plan and application. The emergency status is necessary as the agency finds it is of urgent public necessity for this meeting to be held so the council can review recently enacted legislation and its effect on education service centers. Contact: J. Robert Scott, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9371. Filed: June 12, 1991, 4:19 p.m. TRD-9106975 Tuesday, June 18, 1991, 1:30 p.m. The Commissioner's Advisory Council for Regional Services Committee for Accreditation of the Texas Education Agency will hold an emergency meeting at the William B. Travis Building, 1701 North Congress Avenue, Room 1-111, Austin. According to the complete agenda, the committee will review actions taken by the State Board of Education; and discuss issues related to the provision of training services to school districts. The emergency status is necessary as the agency finds it is of urgent public necessity for this meeting to be held so the council can review recently enacted legislation and its effect on education service centers. Contact: J. Robert Scott, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9371. Filed: June 12, 1991, 4:18 p.m. TRD-9106971 Tuesday, June 18, 1991, 1:30 p.m. The Commissioner's Advisory Council for Regional Services Committee for Curriculum and Personnel Development of the Texas Education Agency will hold an emergency meeting at the William B. Travis Building, 1701 North Congress Avenue, Room 1-109, Austin. According to the complete agenda, the committee will review actions taken by the State Board of Education; and discuss efforts for curriculum and personnel development by TEA and Education Service Centers. The emergency status is necessary as the agency finds it is of urgent public necessity for this meeting to be held so the council can review recently enacted legislation and its effect on education service centers. Contact: J. Robert Scott, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9371. Filed: June 12, 1991, 4:18 p.m. TRD-9106973 Wednesday, June 19, 1991, 8:30 a.m. The Commissioner's Advisory Council for Regional Services-General Session of the Texas Education Agency will hold an emergency meeting at the William B. Travis Building, 1701 North Congress Avenue, Room 1-111, Austin. According to the complete agenda, the council will hear committee reports; and comments from the Interim Commissioner of Education. The emergency status is necessary as the agency finds it is of urgent public necessity for this meeting to be held so the council can review recently enacted legislation and its effect on education service centers. Contact: J. Robert Scott, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9371. Filed: June 12, 1991, 4:19 p.m. TRD-9106974 The Finance Commission of Texas Friday, June 21, 1991, 9:30 a.m. The Finance Commission of Texas will meet at the Finance Commission Building, 2601 North Lamar Boulevard, Third Floor Hearing Room, Austin. According to the agenda summary, the commission will consider committee and staff reports; individual departmental status and operational reports from the banking, savings, and loan and consumer credit departments; and meet in executive session in regard to supervisory, litigation and personnel matters. Contact: Mark H. Holland, 2601 North Lamar Boulevard, Suite 201, Austin, Texas 78705, (512) 479-1250. Filed: June 12, 1991, 4:42 p.m. TRD-9106976 Fire Department Emergency Board Friday, June 21, 1991, 9 a.m. The Board of Directors of the Fire Department Emergency Board will meet at 1106 Clayton Lane, Suite 220E, Austin. According to the agenda summary, the board will meet in executive session to consider and recommend investigation of executive director; executive director-authority and/or duties, consideration of and recommendations on board budget for FY 1991, 1992, and 1993; application review committee will meet to consider and recommend applications received no later than 5 p.m., June 14, 1991; legislative committee will consider and recommend on House Bill 708, House Bill 10 and any other legislation affecting FDEB; consideration of and recommend on guidelines relative to board involvement in legislative matters; board of directors will take roll call; read and approve minutes for April 5, 1991; report of committees; report of executive director; reading of communications and board action thereon; unfinished business; presentation of rules revisions previously approved by the board at the April 5, 1991, meetings; consideration and action on new business, discussion and possible request for Attorney General opinion regarding the role of the Fire Marshall vis-a-vis the board; and adjourn. Contact: Barney Oldham, Route 2, Box 69, Bertram, Texas 78605, (512) 472-0512. Filed: June 12, 1991, 2:17 p.m. TRD-9106941 Texas Department of Health Thursday, July 11, 1991, 11:30 a.m. The Respiratory Care Practitioners Advisory Board of the Texas Department of Health will meet at the Adams Mark Hotel, Salons F, G, and H, Houston. According to the complete agenda, the board will approve minutes of previous meeting; hear reports of chairperson and program administrator; consider and possibly act on amendments to rules (25 TAC 123.1-123.14) concerning respiratory care practitioners; applications disapproved by program administrator; and consider other matters not requiring board action. Contact: Kathy Craft, 1100 West 49th Street, Austin, Texas 78756, (512) 458- 7631. Filed: June 11, 1991, 10:39 a.m. TRD-9106848 Texas Statewide Health Coordinating Council Friday, June 28, 1991, 10 a.m. The Texas Statewide Health Coordinating Council will meet at the Texas Department of Health, 1100 West 49th Street, Room M-653, Austin. According to the complete agenda, the council will approve minutes of previous meeting; consider and possibly act on report of Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, development of 1993-1994 state health plan; select next meeting date; and adjourn. Contact: Don Kretsinger, 1100 West 49th Street, Austin, Texas 78756, (512) 458- 7261. Filed: June 12, 1991, 1:45 p.m. TRD-9106927 Texas Department of Human Services Thursday, June 27, 1991, 10:30 a.m. The Adolescent Pregnancy and Parenthood Advisory Council of the Texas Department of Human Services will meet at 701 West 51st Street, First Floor, West Tower, Conference Room 103-W, Austin. According to the complete agenda, the council will call the meeting to order; hear opening remarks; discuss approval of minutes; evaluation of adolescent pregnancy programs; TEXNET; working document proposal to convene a Texas Summit meeting on adolescent pregnancy prevention; program updates; and wrap-out. Contact: Liz Silbernagel, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450- 4163. Filed: June 11, 1991, 3 p.m. TRD-9106864 State Board of Insurance Wednesday, June 19, 1991, 8:30 a.m. The State Board of Insurance will meet at the John H. Reagan Building, 105 West 15th Street, Room 101, Austin. According to the agenda summary, the board will review and discuss personnel; litigation; commissioner's orders; and solvency matters. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463- 6328. Filed: June 11, 1991, 4 p.m. TRD-9106870 Wednesday, June 19, 1991, 10 a.m. The State Board of Insurance will meet at the John H. Reagan Building, 105 West 15th Street, Room 101, Austin. According to the agenda summary, the board will consider requests from United States Fire Insurance Company, Allstate Insurance Company, and Commercial Union Insurance Company for cessation of acceptance of small premium policies; consider action under Docket 1813, on a motion to quash subpoena issued by Contract Employment Systems, Inc.; consider motion for rehearing concerning disciplinary action against Gilbert C. Castillo; consider authorization for publication as a proposal of new 28 TAC 7.36, concerning requirements for an audited report of workers' compensation reserves. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463- 6328. Filed: June 11, 1991, 3:59 p.m. TRD-9106869 Lamar University System, Board of Regents Thursday, June 13, 1991, 10 a.m. The Board of Regents Personnel Committee of the Lamar University System met at the John Gray Institute, Map Room, 855 Florida Street, Beaumont. According to the emergency revised agenda summary, the committee received information and considered approval to request contract proposals for assistance in the search process for the position of president of Lamar University-Beaumont. The emergency status was added in accordance with Article 6252-17, Section 3A(H). Contact: George McLaughlin, P.O. Box 11900, Beaumont, Texas 77710, (409) 880- 2304. Filed: June 12, 1991, 5:01 p.m. TRD-9106977 Texas Department of Licensing and Regulation Thursday, June 27, 1991, 1:30 p.m. The Business and Occupational Programs, Boxing of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 11th Floor, 920 Colorado Street, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the application of Larry Holmes for a Texas Boxing license in accordance with the Statutes, Articles 8501-1 and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: June 11, 1991, 1:38 p.m. TRD-9106856 Texas Department of Mental Health and Mental Retardation Thursday, June 20, 1991, 2 p.m. The Board of Human Resources Committee of the Texas Department of Mental Health and Mental Retardation will meet at the Texas MHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will consider appointments to the Medical Advisory Committee; and give an update on the Executive Development Program. If deaf interpreters are required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465- 4506. Filed: June 12, 1991, 9:13 a.m. TRD-9106888 Thursday, June 20, 1991, 2:15 p.m. The Board Audit Committee of the Texas Department of Mental Health and Mental Retardation will meet at the Texas MHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will discuss proposed language change for report distribution, Chapter 401, Subchapter F; and internal audit activity update. If deaf interpreters are required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465- 4506. Filed: June 12, 1991, 9:13 a.m. TRD-9106889 Thursday, June 20, 1991, 3 p.m. The Board Planning and Policy Development Committee of the Texas Department of Mental Health and Mental Retardation will meet at the Texas MHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will give an legislative update; Texas Mental Health and Mental Retardation Policy Development process; consideration of appointments to the Public Law 99- 660 planning council; adoption of new subchapter governing abuse and neglect in Texas MHMR facilities, with repeal of existing subchapter; adoption of new subchapter governing unusual incidents, with repeal of existing subchapter; adoption of new subchapter governing capital improvements by citizens groups, with repeal of existing subchapter; adoption of amendments to exhibit of 401. 51 of subchapter governing interagency agreements; adoption of repeal of subchapters in response to Sunset Review (subchapters governing-adoption by reference of state plans); early childhood intervention; tax-sheltered annuities; and inspection of records. If deaf interpreters required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465- 4506. Filed: June 12, 1991, 9:14 a.m. TRD-9106890 Thursday, June 20, 1991, 4 p.m. The Board Business and Asset Management Committee of the Texas Department of Mental Health and Mental Retardation will meet at the Texas MHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will review and discuss amended procedures for acquiring real property for community facility sites; FY 1991 operating budget adjustments; consideration of approval for the construction of an activity building at Mexia State School's Lake Mexia Camp Rip Facility; and consideration of additional West 38th Street PUD items. If deaf interpreters are required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465- 4506. Filed: June 12, 1991, 9:12 a.m. TRD-9106887 Friday, June 21, 1991, 9 a.m. The Board of the Texas Department of Mental Health and Mental Retardation will meet at the Texas MHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the agenda summary, the board will call the meeting to order; hear citizens' comments (limited to three minutes); and issues to be considered. If deaf interpreters are required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465- 4506. Filed: June 12, 1991, 9:12 a.m. TRD-9106886 Board of Vocational Nurse Examiners Monday-Wednesday, July 8-10, 1991, 8 a.m. The Board of Vocational Nurse Examiners will meet at the Ramada Inn Airport, Frontier Room, 5660 North IH-35, Austin. According to the agenda summary, the board, on Monday will call the meeting to order; discuss of minutes; education report (program matters, program actions, review of April 16, 1991 NCLEX-PN score summary, meetings/conferences attended); hear executive director's report; discuss new business; and administrative hearings; on Tuesday, hold administrative hearings; Wednesday, if necessary, discuss any unfinished business; hold administrative hearings; adjournment; and on call-executive session to discuss personnel changes/matters. Contact: Marjorie A. Bronk, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. Filed: June 12, 1991, 1:46 p.m. TRD-9106928 State Preservation Board Thursday, June 20, 1991, 2 p.m. The Permanent Advisory Committee of the State Preservation Board will meet at the Library and Archives Building, Room 314, Austin. According to the agenda summary, the committee will call the meeting to order; approve minutes; discuss old or unfinished business; discuss new business: approval of SPB rule additions and modifications; approval of construction documents for the Texas Capitol Interior Preservation Project and to take bids; approval of construction documents for the Texas Capitol Interior Asbestos Abatement Project and to take bids; approval of preliminary project and administrative budgets; listing and approval of change orders; consulting contracts; update on the furnishings plan; selection of PAC exhibit subcommittee members; new appointments to the collections review committee; PAC approval of additions to capitol collections. Contact: Cynthia Alexander, 201 East 14th Street, Austin, Texas 78711, (512) 463-5495. Filed: June 12, 1991, 5:01 p.m. TRD-9106978 Public Utility Commission of Texas Wednesday, June 26, 1991, 10 a.m. (rescheduled from July 26, 1991, at 10 a.m.) The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a continued prehearing conference in Docket Number 10382- Southwestern Bell Telephone Company statement of intent to change and restructure the rates for certain optional custom calling service (CCS) features for residential customers. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 12, 1991, 2:52 p.m. TRD-9106949 Tuesday, July 9, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 8640-complaint of Compaq Computer Corporation against Southwestern Bell Telephone Company. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 11, 1991, 3:47 p.m. TRD-9106867 Tuesday, July 9, 1991, 9 a.m. (rescheduled from June 24, 1991) The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 10035-application of West Texas Utilities Company to reconcile fuel costs and for authority to change fixed fuel factors. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 12, 1991, 2:51 p.m. TRD-9106947 Wednesday, July 26, 1991, 10 a.m. (rescheduled from June 14, 1991) The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 10382-Southwestern Bell Telephone Company statement of intent to change restructure the rates for certain optional custom calling service (CCS) features for residential customers. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 12, 1991, 2:51 p.m. TRD-9106948 Friday, January 17, 1992, 9 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a final prehearing conference in Docket Number 9981-petition of General Counsel to inquire into the reasonableness of the rates and services of Central Telephone Company of Texas. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 12, 1991, 2:50 p.m. TRD-9106946 Monday, January 20, 1992, 10 a.m. The Hearings Division of the Public Utility Commission of Texas 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 9981-petition of General Counsel to inquire into the reasonableness of the rates and services of Central Telephone Company of Texas. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 12, 1991, 2:50 p.m. TRD-9106945 Texas Real Estate Commission Wednesday, June 19, 1991, 9 a.m. The Texas Real Estate Commission will meet at the Lubbock Memorial Civic Center, 1501 Sixth Street, Room 106, Lubbock. According to the agenda summary, the commission will discuss legislation and budgetary matters; discussion and possible action on request for creation of Agency Task Force; discussion of proposed amendments to 22 TAC 535.91 concerning renewals; to 535.17 concerning appraisals and new 539. 81 concerning funded reserves; discussion of MCE Committee meeting; discussion and possible action to appoint interim inspector advisory committee; approve MCE providers and courses; or to approve accredited schools or courses; consideration of complaint information concerning General L. Nelson; concerning John Patton Chambers and concerning Sam Osama Jarrar; meet in executive session to discuss pending litigation and personnel matter pursuant to 2(e) and 2(g), Article 6252-17, Texas Civil Statutes; authorization of payment of claims against the Real Estate Recovery Fund without contest; possible action on any matter discussed in executive session; motions for rehearing and/or probation; and entry of orders in contested cases. Contact: Camilla Shannon, P.O. Box 12188, Austin, Texas 78711-2188, (512) 465- 3900. Filed: June 11, 1991, 3:08 p.m. TRD-9106865 Texas National Research Laboratory Commission Wednesday, June 12, 1991, 1 p.m. The Texas National Research Laboratory Commission met at Training Room II, Southwest Airlines University for People, Dallas Love Field Airport, Dallas. According to the emergency revised agenda summary, the commission convened meeting and took roll call of members; met in executive session; reconvened and heard chairman's report-J. Fred Bucy; special report-James Sanford, SSC Lab; executive director's report-Edward C. Bingler; committee reports: finance-Peter O'Donnell, Jr.; site acquisition and development-Charles R. Perry; government affairs-Martha Smiley; education and research-Peter T. Flawn; procurement, Personnel and EEO- Jerome Johnson; heard public comment; and adjourned. The reason for the emergency meeting was resonaby unforeseeable necessity to add discussion and action items in order to meet DOE timeable. Contact: Karen Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800. Filed: June 11, 1991, 4:49 p.m. TRD-9106881 Texas County and District Retirement System Friday, June 21, 1991, 9 a.m. The Board of Trustees of the Texas County and District Retirement System will meet at the Barton Creek Conference Resort and Country Club, Austin. According to the agenda summary, the chairman will open meeting; discuss minutes of March 8, 1991 meeting; consider and pass on applications for service retirement benefits and disability retirement benefits; consider applications for TCDRS participation; proposal for decision-McIntosh; consider adoption of rules; consider independent auditors report and approve 1990 annual report; appoint auditor for 1992; consider annual actuarial valuation; review and act on reports from director, actuary, and investment counsel; and set date for September 1991 meeting. Contact: J. Robert Brown, 400 West 14th Street, Austin, Texas 78701, (512) 476- 6651. Filed: June 12, 1991, 3:26 p.m. TRD-9106951 Center for Rural Health Initiatives Wednesday, June 19, 1991, 10 a.m. The Center for Rural Health Initiatives will meet at the University of Texas Health Center, 6th North Conference Center, Tyler. According to the complete revised agenda, the center will hold an executive committee meeting to discuss the Rural EMS Project, Legislative Update, outstanding rural scholar recognition and loan forgiveness program, strategic planning process, and trauma systems development; and consider the adoption of emergency and proposed rules to implement the outstanding rural scholar program. Contact: Bryan Sperry, 211 East Seventh Street, #915, Austin, Texas 78701, (512) 479-8891. Filed: June 11, 1991, 4:10 p.m. TRD-9106873 Teacher Retirement System of Texas Thursday, June 13, 1991, 2:30 p.m. The Board of Trustees Executive Search Committee of the Teacher Retirement System of Texas held an emergency meeting at the Radisson Plaza Hotel, Representative Room, 700 San Jacinto Street, Austin. According to the complete agenda, the committee met in executive session to discuss the employment of the executive secretary and to interview candidates for the position. The emergency status was necessary as this was the only time committee members could meet. Contact: Mary Godzik, 1000 Red River Street, Austin, Texas 78701-2698, (512) 397-6400. Filed: June 12, 1991, 2:08 p.m. TRD-9106940 The Texas A&M University System Thursday, June 27, 1991, 10 a.m. The Board of Regents of the Texas A&M University System will hold a telephonic meeting at the Board of Regents Meeting Room, College Station. According to the complete agenda, the board will consider bids on the College of Veterinary Medicine addition at Texas A&M University. Contact: Vickie Running, The Texas A&M University, College Station, Texas 77843, (409) 845-9600. Filed: June 13, 1991, 9:05 a.m. TRD-9106987 Texas Turnpike Authority Friday, June 21, 1991, 9:30 a.m. The Board of Directors of the Texas Turnpike Authority will meet at the Texas Turnpike Authority Administration Building, 3015 Raleigh Street, Dallas. According to the complete agenda, the board will take roll call of directors; briefing and discussion on Arthur Andersen administrative and management review final report; briefing and discussion on Turnpike Act as passed by the 1991 legislature; and adjourn. The Board of Directors, Texas Turnpike Authority, reserves the right to go into executive session for briefing by the staff on items concerning the Arthur Andersen report and the legislation. Agenda item numbers are assigned for ease of reference only, and do not necessarily reflect the order of their consideration by the board. Contact: Harry Kabler, P.O. Box 190369, Dallas, Texas 75219, (214) 522-6200. Filed: June 11, 1991, 1:14 p.m. TRD-9106855 University of Houston Monday, June 17, 1991, 2 p.m. The Animal Care Committee of the University of Houston met at the University of Houston, 4800 Calhoun Boulevard, S&R II, Room 201, Houston. According to the agenda summary, the committee discussed and/or acted upon the following: may have approved May minutes; reneal protocols; viewing of short videotape; new application forms; August 31, 1989 regulation; and February 15, 1991 regulation. Contact: Julie T. Norris, 4800 Calhoun Boulevard, Houston, Texas 77204, (713) 749-3412. Filed: June 11, 1991, 10:11 a.m. TRD-9106843 University of Texas System, M.D. Anderson Cancer Center Tuesday, June 18, 1991, 9 a.m. The Institutional Animal Care and Use Committee of the University of Texas System, M.D. Anderson Cancer Center will meet at the M.D. Anderson Cancer Center, Conference Room AW7.707, Seventh Floor, 1515 Holcombe Boulevard, Houston. According to the agenda summary, the committee will review protocols for animal care and use and modification thereof. Contact: Anthony Mastromarino, Ph.D., U.T. M.D. Anderson Cancer Center, 1515 Holcombe Boulevard, Houston, Texas 77030, (713) 792-3991. Filed: June 12, 1991, 2:34 p.m. TRD-9106943 Texas Water Commission Monday, June 24, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the revised agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission, including specifically the adoption of new or amended agency regulations. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to rescheduling an item in its entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7905. Filed: June 12, 1991, 3:54 p.m. TRD-9106958 Monday, June 24, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the revised agenda summary, the commission will consider various matters within the regulatory jursdiction of the commission. In addition, the commision will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to scheduling an item in its entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 12, 1991, 3:54 p.m. TRD-9106957 Monday, June 24, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the revised agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 1, 1991, 4:15 p.m. TRD-9106875 Wednesday, June 26, 1991, 6 p.m. The Texas Water Commission will meet at the Livingston High School, Main Auditorium, 1500 East Church Street, Livingston. According to the agenda summary, the commission will hold a hearing on a rate increase of Oakridge Water Company of Texas, Inc. This matter has been designated as Docket Number 9133-R. At the request of the executive director of the commission, this hearing will be held to take public comment on the rates requested by the utility. An additional hearing session will be held on June 17, 1991 beginning at 10 a.m. at the same location to name parties to the proceeding and to permit customers, the utility, the executive director of the commission, and the public interest counsel of the commission to present evidence on whether the new rates are just and reasonable. Contact: Kerry D. Sullivan, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 12, 1991, 3:54 p.m. TRD-9106961 Wednesday, June 26, 1991, 6 p.m. The Texas Water Commission will meet at the Livingston High School, Main Auditorium, 1500 East Church Street, Livingston. According to the agenda summary, the commission will hold a hearing on a petition by Oakridge Water Company doing business as Pine Springs Utilities appealing and requesting a review of a ratesetting ordinance by the City of Onalaska. This matter has been designated as Docket Number 9132- A. The purpose of this hearing is solely to take public comment. An additional hearing session will be held on June 27, 1991 beginning at 10 a.m. at the same location to name parties to the proceeding and to permit the City of Onalaska, the utility (Oakridge), the executive director of the commission, and the public interest counsel of the commission to present evidence. Contact: Kerry D. Sullivan, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 12, 1991, 3:55 p.m. TRD-9106962 Wednesday, June 26, 1991, 6 p.m. The Texas Water Commission will meet at the Livingston High School, Main Auditorium, 1500 East Church Street, Livingston. According to the agenda summary, the commission will hold a hearing on a rate increase request of Oakridge Water Company doing business as Pine Springs Utilities, Docket Number 8819-R. The purpose of this hearing is to take public comment on the rate increase request. The hearing will be reconvened at 10 a.m. the following day (Thursday, June 27, 1991) at the same location in order to address the possible consolidation of this matter with Texas Water Commission Docket Numbers 9132-A and 9133-R, which involve the rates charged by the utility to other customers. Contact: Kerry D. Sullivan, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 12, 1991, 3:55 p.m. TRD-9106963 Wednesday, July 10, 1991, 9 a.m. (rescheduled from June 24, 1991) The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application by Travis County Water Control and Improvement District Number 17 for adoption of impact fees. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 12, 1991, 3:56 p.m. TRD-9106966 Wednesday, July 17, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will hold a hearing on an application for standby fees by Harris County Municipal Utility District Number 216. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 12, 1991, 3:55 p.m. TRD-9106964 Wednesday, July 17, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will hold a hearing on a standby fee application by Montgomery County MUD #42. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 12, 1991, 3:55 p.m. TRD-9106965 Wednesday, July 17, 1991, 3 p.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider a temporary order for the City of Edna to authorize a discharge of partially treated wastewater effluent to the Post Oak Branch of Dry Creek; thence to Dry Creek; thence to the Lavaca River in Segment Number 1601 of the Lavaca River Tidal. Contact: Margaret Ligarde, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 11, 1991, 4:16 p.m. TRD-9106879 Wednesday, July 17, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will hold a hearing on standby fee application by Montgomery County Municipal Utility District Number 24. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 11, 1991, 4:16 p.m. TRD-9106877 Wednesday, July 31, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will hold a hearing on a standby fee application by Travis County Water Control and Improvement District Number 20. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 11, 1991, 4:15 p.m. TRD-9106876 Thursday, August 1, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Environmental Pollution Control, Auditorium, 7411 Park Place, One Mile South of Loop 610 at the intersection of Telephone Road, Houston. According to the agenda summary, the commission will consider an application by Gulf Coast Waste Disposal Authority, Washburn Tunnel Facility for renewal of Permit Number 01740 which authorizes a discharge of treated industrial and municipal wastewater effluent to the Houston Ship Channel, Segment Number 1007 of the San Jacinto River. Contact: Bill Zukauckas, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 11, 1991, 4:16 p.m. TRD-9106880 Wednesday, August 7, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the complete agenda, the commission will consider an application by Dallas County Utility and Reclamation District for an extension of time for the commencement and completion for construction of a dam and reservoir to May 14, 1995 and November 18, 1997 located on Hackberry Creek, tributary of the Elm Fork Trinity River, tributary of the Trinity River, Trinity River Basin, 10 miles northwest of Dallas, Dallas County, authorized by Water Use Permit Number 4051. Contact: Mark Evans, P.O. Box 13087, Austin, Texas 78711, (512) 371-6389. Filed: June 12, 1991, 3:54 p.m. TRD-9106959 Wednesday, August 7, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the complete agenda, the commission will consider an application by River Oaks Ranch Development Corporation, Application Number 5360, for an 11.121 water use permit to maintain an existing dam and reservoir on Fitzhugh Creek, tributary of Barton Creek, tributary of the Colorado River, Colorado River Basin for in-place recreational use in the River Oaks Ranch Subdivision, 29 miles northwest of San Marcos, in Hays County. Contact: Lann Bookout, P.O. Box 13087, Austin, Texas 78711, (512) 371-6385. Filed: June 12, 1991, 3:54 p.m. TRD-9106960 Texas Water Development Board Thursday, June 20, 1991, 10 a.m. The Texas Water Development Board will meet at the Embassy Suites Hotel, 6100 Gateway East, El Paso. According to the agenda summary, the board will consider minutes of May 20, 1991; hear development fund manager's report; extension of commitments for Cities of Ovilla and Blum and Fort Bend WSC; facility engineering phase I applications from Hidalgo County and City of Weslaco; requests for financial assistance from Cities of Edinburg and Runge, Brazos River Authority, Hill Country WSC, Roman Forest Public Utility District Number Three and Colorado River MWD; change in commitment conditions or security to City of Whitney and San Jacinto River Authority; status of International Boundary and Water Commission, Nuevo Laredo Sewer Plant project; adopting rules revisions for 31 TAC, Chapter 363 and the repeal of existing 31 TAC, Chapter 363; appointment of executive administrator; authorizing the executive administrator to execute certain contracts on behalf of the board. Contact: G. E. Kretzschmar, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: June 12, 1991, 3:27 p.m. TRD-9106952 Thursday, June 20, 1991, 7:30 a.m. The Finance Committee of the Texas Water Development Board will meet at the Embassy Suites Hotel, 6100 Gateway East, El Paso. According to the complete agenda, the committee will consider approval of the minutes of the February 25, 1991 finance committee meeting; and may discuss items on the agenda. Contact: G. E. Kretzschmar, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: June 12, 1991, 3:28 p.m. TRD-9106956 Texas Water Resources Finance Authority Thursday, June 20, 1991, 7:30 a.m. The Texas Water Resources Finance Authority will meet at the Embassy Suites Hotel, 6100 Gateway East, El Paso. According to the complete agenda, the authority will consider approval of the minutes of the meeting of March 21, 1991; consider a request from Harris County Flood Control Water Supply Corporation to prepay the corporation's outstanding $7,750,000 Series 1988 Revenue Bonds; consider a request from the City of Highland Village for approval of revisions to amend the bond ordinance authorizing the Series 1979 Waterworks and Sewer System revenue refunding bonds; and the authority will be briefed on the status of the proposed sale of portions of the Authority's loan portfolio. Contact: G. E. Kretzschmar, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: June 12, 1991, 3:27 p.m. TRD-9106954 Thursday, June 20, 1991, 7:30 a.m. The Finance Committee of the Texas Water Resources Finance Authority will meet at the Embassy Suites Hotel, 6100 Gateway East, El Paso. According to the complete agenda, the committee will discuss any items on the agenda of the regular Finance Authority meeting of June 20, 1991. Contact: G. E. Kretzschmar, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: June 12, 1991, 3:28 p.m. TRD-9106955 Regional Meetings Meetings Filed June 11, 1991 The Dewitt County Appraisal District Board of Directors will meet at the Dewitt County Appraisal District Office, 103 Bailey Street, Cuero, June 18, 1991, at 7:30 p.m. Information may be obtained from John Haliburton, P.O. Box 4, Cuero, Texas 77954, (512) 275-5753. TRD-9106862. The Education Service Center, Region XIII Board of Directors met at the ESC, Region XIII, 5701 Springdale Road, Room 205, Austin, June 17, 1991, at 12:45 p.m. Information may be obtained from Dr. Joe Parks, 5701 Springdale Road, Austin, Texas 78723, (512) 929-1300. TRD-9106861. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2401 Houston Highway, Victoria, June 17, 1991, at 6 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5559. TRD-9106858. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2401 Houston Highway, Victoria, June 17, 1991, at 7 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5559. TRD-9106859. The Golden Crescent Service Delivery Area Private Industry Council, Inc. will meet at 2401 Houston Highway, Victoria, June 19, 1991, at 6:30 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5559. TRD-9106860. The Guadalupe-Blanco River Authority Board of Directors will meet at the Authority's Offices, 933 East Court Street, Seguin, June 20, 1991, at 10 a.m. Information may be obtained from John H. Specht, P.O. Box 271, Seguin, Texas 78156-0271, (512) 379-5822. TRD-9106885. The Harris County Appraisal District Board of Directors will meet at 2800 North Loop West, Eighth Floor, Houston, June 19, 1991, at 9:30 a.m. Information may be obtained from Margie Hilliard, P.O. Box 920975, Houston, Texas 77292, (713) 957-5291. TRD-9106863. The Middle Rio Grande Development Council Private Industry Council will meet at the Matthews Student Center, Southwest Texas Junior College, Garner Field Road, June 19, 1991, at 1 p.m. Information may be obtained from Michael M. Patterson, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9106883. Meetings Filed June 12, 1991 The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, June 18, 1991, at 7 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106919. The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, June 20, 1991, at 7 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106920. The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, June 26, at 7 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106921. The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, June 28, 1991, at 8:30 a.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106922. The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, July 2, 1991, at 7 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106923. The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, July 9, 1991, at 7 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106924. The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, July 11, 1991, at 7 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106925. The Bastrop Central Appraisal District Appraisal Review Board will meet at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, July 16, 1991, at 7 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9106926. The Bexar Appraisal District Board of Directors met at 535 South Main Street, San Antonio, June 17, 1991, at 5 p.m. Information may be obtained from Walter Stoneham, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9106969. The Bexar-Medina-Atascosa Counties Water Control Improvement District Number One Board of Directors met at the District Office, Highway 81, Natalia, June 17, 1991, at 9 a.m. Information may be obtained from C. A. Mueller, P.O. Box 170, Natalia, Texas 78059, (512) 663-2132. TRD-9106929. The Brazos River Authority Lake Management Committee will meet at the Lake Supervisor's Office, Possum Kingdom Lake, June 19, 1991, at 10 a.m. Information may be obtained from Mike Bukala, P.O. Box 7555, Waco, Texas 76714-7555, (817) 776-1441. TRD-9106932. The Brazos River Authority Benefits Committee will meet at 4400 Cobbs Drive, Waco, June 27, 1991, at 1 p.m. Information may be obtained from Mike Bukala, P.O. Box 7555, Waco, Texas 76714-7555, (817) 776-1441. TRD-9106933. The Cass County Appraisal District Appraisal Review Board will meet at the Cass County Appraisal District Office, 502 North Main Street, Linden, June 17-19, 1991, at 9 a.m. Information may be obtained from Janelle Clements, P.O. Box 2250, Linden, Texas 75563, (903) 756-7545. TRD-9106882. The Central Counties Center for Mental Health and Mental Retardation Services Board of Trustees will meet at 304 South 22nd Street, Temple, June 18, 1991, at 7:45 p.m. Information may be obtained from Michael K. Muegge, 304 South 22nd Street, Temple, Texas 76501, (817) 778-4841. TRD-9106908. The Deep East Texas Council of Governments Board of Directors will meet at the Fredonia Hotel, 200 North Fredonia Street, Nacogdoches, June 20, 1991, at 1:30 p.m. Information may be obtained from Joan Draper, 274 East Lamar Street, Jasper, Texas 75951, (409) 384-5704. TRD-9106931. The Education Service Center, Region VI Board of Directors will meet at the Briarcrest Country Club, Bryan, June 20, 1991, at 5 p.m. Information may be obtained from Bobby Roberts, 3332 Montgomery Road, Huntsville, Texas 77340, (409) 295-9161. TRD-9106935. The Edwards County Appraisal District Appraisal District Appraisal Review Board will meet at the New County Annex Building, Rocksprings, June 27, 1991, at 10 a.m. Information may be obtained from Natalie Goggans, P.O. Box 378, Rocksprings, Texas 78880, (512) 683-4189. TRD-9106950. The Ellis County Tax Appraisal District Board of Directors will meet at 406 Sycamore Street, Waxahachie, June 18, 1991, at 7 p.m. Information may be obtained from R. Richard Rhodes, Jr., P.O. Box 878, Waxahachie, Texas 75165, (214) 937-3552. TRD-9106970. The Fisher County Appraisal Review Board will meet at the Fisher County Commissioner's Court, County Courthouse, Roby, June 27, 1991, at 9 a.m. Information may be obtained from Teddy Kral, P.O. Box 516, Roby, Texas 79543, (915) 776-2733. TRD-9106938. The Gregg Appraisal District Appraisal Review Board met at 2010 Gilmer Road, Longview, June 17, 1991, at 9 a.m. Information may be obtained from William T. Carroll, 2010 Gilmer Road, Longview, Texas 75604, (903) 759-0015. TRD-9106916. The Gregg Appraisal District Appraisal Review Board will meet at 2010 Gilmer Road, Longview, June 18, 1991, at 9 a.m. Information may be obtained from William T. Carroll, 2010 Gilmer Road, Longview, Texas 75604, (903) 759-0015. TRD-9106915. The Gregg Appraisal District Appraisal Review Board will meet at 2010 Gilmer Road, Longview, June 19, 1991, at 9 a.m. Information may be obtained from William T. Carroll, 2010 Gilmer Road, Longview, Texas 75608, (903) 759-0015. TRD-9106914. The Hamilton County Appraisal District will meet at the Hamilton County Appraisal District Boardroom, 119 East Henry Street, Hamilton, July 2, 1991, at noon. Information may be obtained from Doyle Roberts, 119 East Henry Street, Hamilton, Texas 76531, (817) 386-8945/8946. TRD-9106930. The Hays County Appraisal District Appraisal Review Board met at 632 A East Hopkins Street, Municipal Building, San Marcos, June 17, 1991, at 9 a. m. Information may be obtained from Lynnell Sedlar, 623 A East Hopkins Street, San Marcos, Texas 78666, (512) 754-7400. TRD-9106902. The Heart of Texas Council of Governments Private Industry Council will meet at 300 Franklin Avenue, HOTCOG Board Room, Waco, June 20, 1991, at 5: 30 p.m. Information may be obtained from Mary McDow, 300 Franklin Avenue, Waco, Texas 76701, (817) 756-7822. TRD-9106918. The Hood County Appraisal District Appraisal Review Board met at 1902 West Pearl Street, Granbury, June 17, 1991, at 9 a.m. Information may be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas 76048-0819, (817) 573-2471. TRD-9106909. The Kendall Appraisal District Appraisal Review Board will meet at 207 East San Antonio Street, Boerne, June 18-21, 1991, at 9 a.m. Information may be obtained from Mick Mickulenka, P.O. Box 788, Boerne, Texas 78006, (512) 249-8012. TRD-9106934. The Lamar County Appraisal District Board will meet at the Lamar County Appraisal District Office, 521 Bonham Street, Paris, June 18, 1991, at 5 p.m. Information may be obtained from Joe Welch, 521 Bonham Street, Paris, Texas 75460, (214) 785-7822. TRD-9106917. The Palo Pinto Appraisal District Appraisal Review Board will meet at the Palo Pinto County Courthouse, Palo Pinto, June 18, 1991, at 1:30 p.m. and continue from day to day as announced by chairman each meeting with final certification to be completed by July 19, 1991. Information may be obtained from Jackie F. Samford, P.O. Box 250, Palo Pinto, Texas 76072, (817) 659-1281. TRD-9106936. The Region 12 Education Service Center Administrative, Board of Directors will meet at 300 Franklin Avenue, HOTCOG Board Room, Waco, June 20, 1991, at 1:30 p.m. Information may be obtained from Harry J. Beavers, P.O. Box 1249, Waco, Texas 76703-1249, (817) 756-7494. TRD-9106851. The Scurry County Appraisal District Board of Directors met at 2612 College Avenue, Snyder, June 12, 1991, at 2 p.m. Information may be obtained from L. R. Peveler, 2612 College Avenue, Snyder, Texas 79549, (915) 573-8549. TRD-9106907. The Trinity River Authority of Texas Resources Development Committee met at 5300 South Collins Street, Arlington, June 17, 1991, at 10:30 a. m. Information may be obtained from J. Sam Scott, P.O. Box 60, Arlington, Texas 76004, (817) 467-4343. TRD-9106844. The Trinity River Authority of Texas Administration Committee will meet at 5300 South Collins Street, Arlington, June 18, 1991, at 11 a.m. Information may be obtained from J. Sam Scott, P.O. Box 60, Arlington, Texas 76004, (817) 467-4343. TRD-9106904. The Trinity River Authority of Texas Legal Committee will meet at 5300 South Collins Street, Arlington, June 18, 1991, at 1 p.m. Information may be obtained from J. Sam Scott, P.O. Box 60, Arlington, Texas 76004, (817) 467-4343. TRD-9106903. The Wood County Appraisal District Appraisal Review Board met at 217 North Main Street, Conference Room, Wood County Appraisal District, Quitman, June 17-21, 1991, 9 a.m. Information may be obtained from W. Carson Wages or Lou Brooke, P.O. Box 951, Quitman, Texas 75783, (903) 763-4891. TRD-9106847. Meetings Filed June 13, 1991 The Deep East Texas Council of Governments Grants Application Review Committee will meet at the Fredonia Hotel, 200 North Fredonia, Nacogdoches, June 20, 1991, at 11 a.m. Information may be obtained from Tas McGraw, 274 East Lamar Street, Jasper, Texas 75951, (409) 384-5704. TRD-9106979. The Education Service Center Region XI Board of Directors will meet at the Education Service Center, Region XI, 3001 North Freeway, Fort Worth, June 25, 1991, at noon. Information may be obtained from R. P. Campbell, Jr., 3001 North Freeway, Fort Worth, Texas 76106, (817) 625-5311. TRD-9106980. The Lampasas County Appraisal District will meet at 109 East Fifth Street, Lampasas, June 18, 1991, at 7 p.m. Information may be obtained from Janice Henry, P.O. Box 175, Lampasas, Texas 76550, (512) 556-8058. TRD-9106984. The Mills County Appraisal District will meet at the Mills County Commissioners Court, Goldthwaite, June 20, 1991, at 6:30 p.m. Information may be obtained from Doran E. Lemke, P.O. Box 565, Goldthwaite, Texas 76844, (915) 648-2253. TRD-9106985. The Nolan County Central Appraisal District Board of Review will meet at the Nolan County Courthouse, Third Floor, Sweetwater, June 19-20, 1991, 8 a.m. and 9 a.m. respectively. Information may be obtained from Patricia Davis, P.O. Box 1256, Sweetwater, 79556, (915) 235-8421. TRD-9106986. The Swisher County Appraisal District Board of Directors will meet at 130 North Armstrong, Tulia, June 20, 1991, at 7 p.m. Information may be obtained from Rose Lee Powell, P.O. Box 83, Tulia, Texas 79088, (806) 995-4118. TRD-9106983. The Wood County Appraisal District Board of Directors will meet at 217 North Main Street, Conference Room, Wood County Appraisal District, Quitman, June 20, 1991, at 7 p.m. Information may be obtained from W. Carson Wages, or Lou Brooke, P.O. Box 951, Quitman, Texas 75783, (903) 763-4891. TRD-9106981. The Wood County Appraisal District Appraisal Review Board will meet at 217 North Main Street, Conference Room, Wood County Appraisal District, Quitman, June 24, 25, and 28, 1991, at 9 a.m. Information may be obtained from W. Carson Wages, or Lou Brooke, P.O. Box 951, Quitman, Texas 75783, (903) 763-4891. TRD- 9106982. In Addition The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department of Banking Notice of Application Texas Civil Statutes, Article 342-401a, require any person who intends to buy control of a bank to file an application with the banking commissioner for the commissioner's approval to purchase control of a particular bank. A hearing may be held if the application is denied by the commissioner. On June 7, 1991, the banking commissioner received an application to acquire control of Equitable BankShares, Inc., Dallas, thereby acquiring indirect control of Equitable Bank, Dallas, and Equitable Bank, N.A., Arlington, by Robert L. Carrel and James R. Lightner, both of Dallas. Additional information may be obtained from: William F. Aldridge, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 479-1200. Issued in Austin, Texas, on June 7, 1991. TRD-9106850 William F. Aldridge Director of Corporate Activities Texas Department of Banking Filed: June 11, 1991 For further information, please call: (512) 479-1200 Notice of Hearing The hearing officer of the Texas Department of Banking, under the authority of Article 9, Chapter III, The Texas Banking Code (Annotated Texas Civil Statutes, Article 342-903), will conduct a hearing before the Banking Board regarding the protest of 1st National Bank of Wheeler, to the branch application of First State Bank of Mobeetie. The hearing will be held on July 9, 1991, at 9 a.m. at the Texas Department of Banking, 2601 North Lamar Boulevard, Austin. Additional information may be obtained from: James Lee Murphy, III, Hearing Officer and Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 479-1200. Issued in Austin, Texas, on June 7, 1991. TRD-9106786 James Lee Murphy, III Assistant General Counsel Texas Department of Banking Filed: June 10, 1991 For further information, please call: (512) 479-1200 Governor's Energy Office Notice of Consultant Contract Award In compliance with the provisions of Texas Civil Statutes, Article 6252-11c, the Governor's Energy Office furnishes this notice of consultant contract awards. Publication Date.The consultant proposal request was published in the April 26, 1991, issue of the Texas Register (16 TexReg 2394-2395) . Description of Services.The request was for contractors to provide technical evaluations and grading of approximately 150 technical assistance (TA) reports submitted to the GEO for grants under the Institutional Conservation Program (ICP). Names and Addresses.The consultant contract has been awarded to: Kinsman & Associates, 1701 North Greenville Avenue, Suite 600, Richardson, Texas 75081. Value and Date of Contracts.The total value of the contract is $43,057.81. The contract period extends from June 6, 1991-December 31, 1991, by which date all work associated with these contracts must be completed. Issued in Austin, Texas, on June 11, 1991. TRD-9106846 Bob Armstrong Director Governor's Energy Office Filed: June 11, 1991 For further information, please call: (512) 463-1931 In compliance with the provisions of Texas Civil Statutes, Article 6252-11c, the Governor's Energy Office furnishes this notice of consultant contract awards. Publication Date.The consultant proposal request was published in the November 2, 1990, issue of the Texas Register (15 TexReg 6337). Description of Services.The request was for contractors to assimilate a training manual and present six-hour classroom seminars to architects and engineers at 10 locations throughout the state on energy efficient school design techniques. Names and Addresses.The consultant contract has been awarded to: L. M. Holder III, AIA, 4204 Spicewood Springs Road, Suite 214, Austin, Texas 78759. Value and Date of Contracts.The total value of the contract is $50,108. The contract period extends from January 21, 1991-August 31, 1991, by which date all work associated with these contracts must be completed. Issued in Austin, Texas, on June 11, 1991. TRD-9106845 Bob Armstrong Director Governor's Energy Office Filed: June 11, 1991 For further information, please call: (512) 463-1931 Texas Department of Health Correction of Errors The Texas Department of Health submitted on an emergency basis an amendment to 25 TAC 157.45, concerning recertification of emergency medical services (EMS) personnel for publication in the May 17, 1991, issue of the Texas Register (16 TexReg 2693). Concerning 157.45(d)(1), the sequence of the sentences needs to be transposed as follows. "(1)...for a period not to exceed 90 days from the expiration date. All requirements of this paragraph, including certification examinations and retests, shall be completed no later than 90 days from the expiration date. The applicant shall qualify for recertification by [During the 90-day period, the certificant shall]:" The Texas Department of Health submitted proposed amendments to 25 TAC 37.21, 37.22, 37.27, 37.29-37.31, 37.38, 37.39, and 37.42 for publication in the May 7, 1991, issue of the Texas Register. Due to typographical errors by the department and by the Register, the following corrections are noted. In the preamble part of a sentence-"Comments on the proposal may be submitted to"-is inadvertently repeated. In 37.38(b)(6)(C), the word "annual" should appear in brackets to indicate deleted text as follows. "(C) be, for a period of two years>et>[one year], subject to [annual] renewal if the provider meets the renewal criteria." In 37.39(b)(4)(C), the period following "(relating to Board of Health) ." should be omitted. Licensing Actions for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation. This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas, 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, 1212 East Anderson Lane, Austin, Texas, from 8 a.m. to 5 p. m. Monday-Friday (except holidays). Issued in Austin, Texas, on June 6, 1991. TRD-9106790 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: June 10, 1991 For further information, please call: (512) 835-7000 Texas Department of Human Services Public Notice of Closed Solicitation Pursuant to 40 TAC 19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg 5315), and the Human Resources Code, Title 2, Chapters 22 and 32, the Texas Department of Human Services (TDHS) is closing the solicitation for new Medicaid beds in Bosque County, County Number 018, which appeared in the February 19, 1991, issue of the Texas Register (16 TexReg 1104). The solicitation is being closed effective the date of this public notice. Issued in Austin, Texas, on June 12, 1991. TRD-9106891 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: June 12, 1991 For further information, please call: (512) 450-3765 Public Notice Open Solicitation Pursuant to 40 TAC 19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg 5315), and the Human Resources Code, Title 2, Chapters 22 and 32, the Texas Department of Human Services (TDHS) is announcing the reopening of the open solicitation period for LaSalle County, County Number 142, identified in the November 30, 1990, issue of the Texas Register (15 TexReg 6875). Potential contractors desiring to construct a 90-bed nursing facility in the previously referenced area must submit a written reply (as described in 40 TAC 19.2004) to TDHS, Gary L. Allen, Institutional Programs Section, Long Term Care Department, Mail Code W-519, P.O. Box 149030, Austin, Texas 78714-9030. Upon receipt of a reply from a potential contractor, TDHS will place a notice in the Texas Register to announce the closing date of the reopened solicitation period. Issued in Austin, Texas, on June 12, 1991. TRD-9106892 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: June 12, 1991 For further information, please call: (512) 450-3765 Middle Rio Grande Development Council Consultant Proposal Request The Middle Rio Grande Development Council (MRGDC) is requesting proposals from qualified consultants for computer equipment maintenance and technical assistance to be provided within our nine- county service delivery area. This request is filed under the provisions of Texas Civil Statutes, Article 6252-11c. This request is for the continuation of the equipment maintenance and technical assistance service which has been provided by PROCOMCO for the previous three years. The MRGDC intends to award this service contract to PROCOMCO due to their qualifications and experience with our agency unless a better offer is submitted. All interested consultants wishing to make an offer for this service should contact Ramon S. Johnston, Deputy Director MRGDC, for a copy of the request for proposal packet at (512) 876-3533. All proposals must be clearly marked "Consultant Proposal Request-Attention Ramon S. Johnson, Deputy Director" and received by the MRGDC, P.O. Box 1199, Carrizo Springs, Texas 78834, by no later than 5 p.m. Monday, July 15, 1991. All proposals will be reviewed by management staff of the MRGDC and a contract will be awarded on the basis of the consultant's experience, knowledge of the service to be performed, and the proposed cost for the year. The MRGDC shall reserve the right to renegotiate this contract with the service provider at the end of each contract period through June 30, 1994. Issued in Austin, Texas, on June 11, 1991. TRD-9106884 Ramon S. Johnston Deputy Director Middle Rio Grande Development Council Filed: June 12, 1991 For further information, please call: (512) 876-3533 Public Utility Commission of Texas Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for 3-M, Austin. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of Plexar-Custom Service for 3-M Pursuant to Public Utility Commission Substantive Rule 23.27(k). Tariff Control Number 10398. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for 3-M. The geographic service market for this specific service is the Austin area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on June 10, 1991. TRD-9106811 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: June 10, 1991 For further information, please call: (512) 458-0100 Texas Water Commission Enforcement Order Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th-day after the date on which the decision is adopted, the following information is submitted. An enforcement order was issued to Walter Clint Hankins doing business as Tri- County Utilities and Hanco Utilities, Inc. on May 31, 1991, assessing $22,50 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sharon Smith, staff attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Issued in Austin, Texas, on June 10, 1991. TRD-9106824 Mamie M. Black Notices Coordinator Texas Water Commission Filed: June 10, 1991 For further information, please call: (512) 463-8537. Notice of Application For Waste Disposal Permit Notice is given by the Texas Water Commission of public notices of waste disposal permit applications issued during the period of June 3-June 7, 1991. No public hearing will be held on these applications unless an affected person has requested a public hearing. Any such request for a public hearing shall be in writing and contain: the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester would be adversely affected by the granting of the application. If the commission determines that the request sets out an issue which is relevant to the waste discharge permit decision, or that a public hearing would serve the public interest, the commission shall conduct a public hearing, after the issuance of proper and timely notice of the hearing. If no sufficient request for hearing is received within 30 days of the date of publication of notice concerning the applications, the permit will be submitted to the commission for final decision on the application. Information concerning any aspect of these applications may be obtained by contacting the Texas Water Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7906. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number, and type of applicationnew permit, amendment, or renewal. Air Products Manufacturing Corporation; Pasadena; a dinitrotoluene, toluene, diamine and nitric acid plant; the plant site is at 1423 State Highway 225, northeast of Red Bluff Road in the City of Pasadena, Harris County; 02382; amendment. City of Annona; wastewater treatment facilities; approximately 4,400 feet south and 1,500 feet east of the intersection of U.S. Highway 82 and FM Road 44 in Red River County; 10863-01; renewal. BP Chemicals Inc., Green Lake Plant; Port Lavaca; a Class I hazardous waste storage, processing, and disposal facility; approximately four miles north of the intersection of Highway 185 and Highway 35 and approximately 15 miles west of Port Lavaca, Calhoun County; HW-50143-000; amendment; 45-day notice. Howard H. Chen, Trustee; Houston; wastewater treatment facilities; approximately 1,100 feet west-southwest of the intersection of Gulf Freeway and Scarsdale Boulevard and approximately 14 miles southeast of downtown Houston in Harris County; 13104-01; renewal. City of Chico; wastewater treatment facilities; approximately 1.0 mile east of the City of Chico and 0.25 mile south of FM Road 1810 in Wise County; 10023-01; renewal. Conoco, Inc.; Falls City; an inactive uranium mill; approximately eight miles west of the City of Falls City, Karnes County; 02741; renewal. Fina Oil and Chemical Company; Port Arthur; hazardous and non-hazardous industrial solid waste facility; located on a 355-acre tract of land on Texas FM 366 and 32nd Street, Port Arthur, Jefferson County; HW-50074-000; amendment; 45-day notice. City of Grapeland; wastewater treatment facilities; approximately 1,000 feet north of the intersection of U.S. Highway 287 and FM Road 2423 in Houston County; 10181-02; renewal. Gulf States Utilities Company; Beaumont; industrial transformer superfund site; the plant site is at 2031 Mansard Street in the City of Houston, Harris County; 03365; new. Gulf States Utilities Company; Beaumont; steam electric station; approximately 1 1/2 miles south of FM Road 1442, at a point approximately 2 1/2 miles west of the FM Road 1442/State Highway 87 intersection, southwest of the City of Orange, Orange County; 00336; renewal. City of Hillsboro; wastewater treatment facility; approximately 700 feet southwest of the intersection of Parham Street and George Street in Hill County; 10630-01; amendment. City of Houston; wastewater treatment facilities; site is at 4900 Gallagher in the City of Houston, Harris County; 10495-53; renewal. Jack and Marty Mewbourn; Ben Wheeler; a dairy; one mile south of Martins Mill and east of FM Road 1861 in Van Zandt County; 03056; amendment. Monsanto Company; Freeport; a terminal facility for loading and unloading crude oil; is located on the north corner of Quintana Island bounded by the Intracoastal Waterway and Freeport Harbor Approach Channel, Brazoria County; 02311; renewal. Safety-Kleen Corporation; McAllen; a commercial hazardous waste storage and processing facility; located about two miles east of McAllen, midway between McAllen and Pharr in Hidalgo County; HW-50234- 001; new; 45-day notice. Safety-Kleen Corporation; Waco; Class I commercial hazardous waste storage and processing facility; located at 22006 Woodway Drive (U.S. Highway 84) within the city limits of Woodway, which is approximately 4.5 miles west of Waco, McLennan County; HW-50238-001; new. Texas Utilities Electric Company; Dallas; steam electric station; approximately 1.5 miles south of Interstate Highway 30 in the City of Dallas, Dallas County; 01245; renewal. Jack Traylor; Naples; a dairy; approximately three miles southwest of the intersection of U.S. Highway 67 and State Highway 77, four miles north of the Village of Rocky Branch in Morris County; 03222; new. USPCI; San Antonio; Class I hazardous and non-hazardous industrial solid waste storage and processing facility; located at 4303 Profit Drive, in the City of San Antonio, Bexar County; HW-50294-001; new; 45-day notice. City of Van Alstyne; wastewater treatment facilities; approximately two miles east of the intersection of State Highway 5 and FM Road 121 and approximately 1/4 mile south of the FM Road 121 on an unnamed rock road in Grayson County; 10502-01; renewal. Village of Jamaica Beach; Galveston; wastewater treatment facilities; approximately 600 feet east of Bob Smith Drive on Marina Drive within the boundaries of the Village of Jamaica Beach in Galveston County; 11033-01; renewal. Issued in Austin, Texas, on June 7, 1991. TRD-9106878 Laurie J. Lancaster Deputy Chief Clerk Texas Water Commission Filed: June 11, 1991 For further information, please call: (512) 463-7906