ISSUE OFAugust 20, 1991" Volume 16, Number 62, August 20, 1991 Pages 4517-4560 Emergency Sections Office of the Secretary of State 4529-Business Opportunity Texas Department of Health 4529-Texas Board of Health 4530-Vital Statistics Proposed Sections Office of the Secretary of State 4535-Business Opportunity Texas Department of Health 4535-Texas Board of Health 4535-Vital Statistics Texas Commission on Jail Standards 4537-General Texas Department of Human Services 4537-Community Care fore Aged and Disabled Withdrawn Sections General Land Office 4539-Oil Spill Prevention and Response Hearings Procedures Adopted Sections General Land Office 4541-Oil Spill Prevention and Response Hearings Procedures Open Meetings 4547-Texas Alcoholic Beverage Commission 4547-Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons 4547-Bond Review Board 4547-Texas State Board of Dental Examiners 4547-Texas Education Agency 4548-Texas Employment Commission 4548-Texas Funeral Service Commission 4548-Texas Department of Health 4548-Texas Statewide Health Coordinating Council 4549-Texas High-Speed Rail Authority 4549-Texas Department of Human Services 4549-State Board of Insurance 4549-Texas Department of Licensing and Regulation 4549-Texas State Board of Medical Examiners 4550-Public Utility Commission of Texas 4551-Texas National Research Laboratory Commission 4551-Board of Tax Professional Examiners 4551-Texas State Treasury Department 4552-University of Houston 4552-University of Texas System, M. D. Anderson Cancer Center 4552-Texas Water Commission 4552-Texas Water Development Board 4552-Texas Water Resources Finance Authority 4553-Texas Workers' Compensation Insurance Facility 4553-Regional Meetings In Addition Texas Commission on Alcohol and Drug Abuse 4555-Summary of Public Comments on the Intended Use of Federal Funds Texas Department of Community Affairs 4556-Request for Proposals Office of Consumer Credit Commissioner 4556-Notice of Rate Ceilings On-Site Wastewater Treatment Research Council 4557-On-Site Treatment Research Request for Proposal Texas Department of Human Services 4557-Notice of Assistance Available Texas Department of Mental Health and Mental Retardation 4557-Summary of Public Comments of the Intended Use of Alcohol, Drug Abuse, and Mental Health Services Block Grant Funds in Fiscal Year 1991 for Mental Health Services Texas Water Commission 4558-Meeting Notice 4559-Notice of Application for Waste Disposal Permit 4560-Public Meeting Notice CONTENTS CONTINUED INSIDE ISSUE OFAugust 20, 1991" TAC Titles Affected TAC Titles Affected-August The following is a list of the administrative rules that have been published this month. TITLE 1. ADMINISTRATION Part IV. Office of the Secretary of State 1 TAC sec.97.27, sec.97.28--4529, 4535 TITLE 7. BANKING AND SECURITIES Part V. Office of Consumer Credit Commissioner 7 TAC sec.sec.85.1, 85.2, 85.4, 85.9, 85.12, 85.22, 85.30, 85.50, 85.57, 85.58--4389 Part VII. State Securities Board 7 TAC sec.105.10--4321 7 TAC sec.109.3--4349 7 TAC sec.109.5--4321, 4347 7 TAC sec.109.14--4322 7 TAC sec.111.2--4349 7 TAC sec.115.7--4350 7 TAC sec.139.12--4350 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce 10 TAC sec.176.8--4261 TITLE 14. AGRICULTURE Part II. Animal Health Commission 4 TAC sec.35.2--4223 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.11.201--4203 Part II. Public Utility Commission of Texas 16 TAC sec.23.43--4322 16 TAC sec.23.45--4323 16 TAC sec.23.56--4441 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.69.208--4223 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board 19 TAC sec.5.154--4453 19 TAC sec.17.24--4453 19 TAC sec.21.60--4454 19 TAC sec.21.123--4454 Part II. Texas Education Agency 19 TAC sec.33.105--4442 19 TAC sec.61.1041--4439, 4443 19 TAC sec.67.131--4443 19 TAC sec.75.174--4444 19 TAC sec.89.41--4444 19 TAC sec.89.221--4445 19 TAC sec.89.233--4445 19 TAC sec.89.243--4446 19 TAC sec.97.10--4439, 4447 19 TAC sec.141.2--4439, 4448 19 TAC sec.141.421--4440, 4448 TITLE 22. EXAMINING BOARDS Part V. State Board of Dental Examiners 22 TAC sec.sec.116.1, 116.2, 116.4--4283 22 TAC sec.116.3--4283 Part VI. Texas State Board of Registration for Professional Engineers 22 TAC sec.sec.131.101, 131.103, 131.104--4401 22 TAC sec.131.120--4402 22 TAC sec.131.134--4402 22 TAC sec.131.137--4402 22 TAC sec.131.151--4402 22 TAC sec.131.171--4403 22 TAC sec.131.224--4403 Part XI. Board of Nurse Examiners 22 TAC sec.211.5--4347 22 TAC sec.217.10--4351 22 TAC sec.218.9--4351 Part XII. Board of Vocational Nurse Examiners 22 TAC sec.231.1--4397 22 TAC sec.231.25, 231.48--4261 22 TAC sec.231.68--4262 22 TAC sec.233.41--4262 22 TAC sec.235.9, sec.235.18--4262 22 TAC sec.235.41--4263 Part XIII. Texas Board of Licensure for Nursing Home Administrators 22 TAC sec.247.2--4263 Part XIV. Texas Optometry Board 22 TAC sec.280.1-280.6--4454 Part XIX. Polygraph Examiners Board 22 TAC sec.391.3--4284 22 TAC sec.397.40--4263 Part XXI. Texas State Board of Examiners of Psychologists 22 TAC sec.463.5--4397 Part XXIII. Texas Real Estate Commission 22 TAC sec.531.18--4264 22 TAC sec.535.17--4284 22 TAC sec.535.66, sec.535.69--4264 22 TAC sec.535.91--4284 22 TAC sec.539.81--4285 22 TAC sec.sec.544.1-544.9--4265 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health 25 TAC sec.1.181--4529, 4535 25 TAC sec.181.1, sec.181.6--4530, 4536 25 TAC sec.181.2--4536 25 TAC sec.sec.181.22, 181.23, 181.25--4531, 4536 25 TAC sec.181.24--4536 25 TAC sec.31.1--4224 25 TAC sec.31.3--4224 25 TAC sec.sec.313.1-313.6, 313.8, 313.12-313.13, 313.15, 313.17, 313.18--4323 Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.sec.401.683-401.689, 401.692--4455 25 TAC sec.sec.405.101-405.114--4203 Part VIII. Interagency COucil on Early Childhood Intervention 25 TAC sec.sec.621.22-621.26 621.28--4327 25 TAC sec.621.25--4352 25 TAC sec.621.41, 621.42. 621.44--4333 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC sec.sec.3.8001-3.8022--4403 28 TAC sec.5.6302--4255 28 TAC sec.sec.19.621-19.630--4256 28 TAC sec.27.605--4440 Part II. Texas Workers' Compensation Commission 28 TAC sec.102.7--4352 28 TAC sec.110.4--4352 28 TAC sec.134.5--4458 28 TAC sec.134.6--4459 28 TAC sec.164.1, sec.164.3--4460 28 TAC sec.164.2, 164.4-164.7, 164.9-164.12--4462 28 TAC sec.164.8 sec.164.13--4448, 4451 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office 31 TAC sec.9.7--4353 31 TAC sec.sec.14.1-14.5--4315,4354 31 TAC sec.sec.19.1-19.6--4335 31 TAC sec.sec.19.11-19.20--4338 31 TAC sec.sec.19.31-19.39--4341 31 TAC sec.sec.19.51-19.54--4342 31 TAC sec.sec.21.1-21.31, 21.33-21.52--4541 31 TAC sec.21.32--4539 Part II. Parks and Wildlife Department 31 TAC sec.65.72--4354 31 TAC sec.65.261--4354 31 TAC sec.65.311--4355 Part III. Texas Air Control Board 31 TAC sec.101.1--4207 31 TAC sec.111.111--4265 31 TAC sec.111.121, sec.111.127--4207 31 TAC sec.sec.111.141, 111.145, 111.147--4266 Part IX. Texas Water Commission 31 TAC sec.281.26--4208 31 TAC sec.305.49, sec.305.50--4210 31 TAC sec.sec.305.66--4213 31 TAC sec.sec.305.101-305.103, 305.107--4213 31 TAC sec.305.147, sec.305.148--4214 31 TAC sec.sec.331.63--4225 31 TAC sec.sec.331.121--4215 31 TAC sec.sec.331.147, 305.148-- 31 TAC sec.sec.334.301, 334.302, 334.304-334.306, 334.310, 334.312-334.316, 334.322--4316 31 TAC sec.sec.334.312-334.316--4320 31 TAC sec.sec.335.1, 335.2--4218 31 TAC sec.335.43--4219 31 TAC sec.sec.335.180-335.183--4219 31 TAC sec.sec.335.202, 335.204, 335.205--4220 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts 34 TAC sec.3.196--4466 Part IV. Employees Retirement System of Texas 34 TAC sec.71.9--4398 34 TAC sec.71.17--4398 34 TAC sec.73.19--4398 34 TAC sec.77.5--4399 34 TAC sec.81.1--4285 34 TAC sec.81.7--4399 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety 37 TAC sec.1.22--4267 37 TAC sec.1.231--4285 37 TAC sec.sec.33.2-33.4--4268 Part III. Texas Youth Commission 37 TAC sec.sec.81.111, 81.113, 81.118--4466 37 TAC sec.sec.81.114, 81.116, 81.117, 81.120, 81.121 --4466 37 TAC sec.81.119--4466 37 TAC sec.sec.81.401-81.407--4467 37 TAC sec.85.1, sec.85.3--4467 37 TAC sec.85.21, 85.23, 85.25, 85.29, 85.35--4468 37 TAC sec.85.23, sec.85.29--4474 37 TAC sec.sec.85.27, 85.31, 85.33, 85.43--4475 37 TAC sec.85.37--4477 37 TAC sec.87.53--4451 37 TAC sec.sec.87.1, 87.3, 87.7, 87.9, 87.21, 87.23 --4479 37 TAC sec.87.7, 87.9, 87.21, 87.23--4482 37 TAC sec.87.75--4482, 37 TAC sec.sec.91.1, 91.3, 91.5, 91.7, 91.9, 91.11, 91.13 --4482 37 TAC sec.91.31--4486 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69 --4486 Part VIII. Commission on Fire Protection Personnel Standards and Education 37 TAC sec.233.5--4268 37 TAC sec.233.9--4269 37 TAC sec.233.113--4270 37 TAC sec.233.131--4270 37 TAC sec.239.7, sec.239.9--4270 37 TAC sec.sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, 241.17--4271 37 TAC sec.sec.245.1, 245.3, 245.5, 245.7, 245.9, 245.11, 245.13, 245.15, 245.17, 245.19, 245.21--4273 37 TAC sec.247.1--4276 Part IX. Texas Commission on Jail Standards 37 TAC sec.251.9--4537 37 TAC sec.297.9--4357 Part XI. Texas Juvenile Probation Commission 37 TAC sec.341.15--4286 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Humans Services 40 TAC sec.sec.2.1008, 2.1010, 2.1012, 2.1016--4344 40 TAC sec.3.501--4358 40 TAC sec.3.902--4354 40 TAC sec.4.1002--4358 44 TAC sec.sec.4.1004, 4.1006, 4.1010--4412 40 TAC sec.10.2304--4259, 4276 40 TAC sec.sec.10.3411, 10.3412, 10.3414, 10.3415, 10.3424, 10.3433, 10.3453, 10.3454--4491 40 TAC sec.10.3456--4491 40 TAC sec.sec.10.3460-10.3465--4492 40 TAC sec.15.433--4492 40 TAC sec.15.455, sec.15.465--4492 40 TAC sec.15.500--4493 40 TAC sec.19.1805--4493 40 TAC sec.27.2801--4225 40 TAC sec.47.6901--4225 40 TAC sec.48.2906, sec.48.2918--4493 40 TAC sec.48.2908--4494 40 TAC sec.38.3904--4537 40 TAC sec.48.8901--4538 40 TAC sec.49.601, sec.49.603--4277 40 TAC sec.79.1611, sec.79.1612--4449 40 TAC sec.sec.79.1701, 79.1702, 79.1704, 79.1709, 79.1713, 79.1714--4277 40 TAC sec.85.4013, sec.85.4021--4278 40 TAC sec.85.4050--4279 40 TAC sec.sec.85.4051-85.4057--4279 Part III. Texas Commission on Alcohol and Drug Abuse 40 TAC sec.151.72--4286 Part IX. Texas Department on Aging 40 TAC sec.sec.297.1, 297.3, 297.5, 297.7, 297.9, 297.11, 297.13, 297.15, 297.17--4494 40 TAC sec.sec.298.1, 298.3, 298.5, 298.7, 298.9, 298.11, 298.13, 298.15, 298.17--4451 Part X. Texas Employment Commission 40 TAC sec.301.16--4358 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC sec.7.72--4226 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. ADMINISTRATIVE Part IV. Office of the Secretary of State Chapter 97. Business Opportunity Fees and General Information 1 TAC sec.97.27, sec.97.28 The Office of the Secretary of State adopts on an emergency basis sec.97.27 and sec.97.28, concerning business opportunities. The sections establish the procedure for the termination of the registration of the seller of a business opportunity because of the registered seller's failure to comply with required update filings. The sections are adopted on an emergency basis are being contemporaneously proposed for comment in this issue of the Texas Register. The sections are adopted on an emergency basis to immediately ensure that a procedure is established for termination of a registered seller's registration when the seller fails to comply with required update filings and that a cost efficient system is utilized by the Office of the Secretary of State for such termination. The new sections are adopted on an emergency basis under the Business Opportunity Act, Texas Civil Statutes, Article 5069-16.08(b), which provides the secretary of state with the authority to adopt rules concerning delinquent update filings for registered business opportunity sellers and Texas Civil Statutes, Article 6252-13a, which provide the secretary of state with rulemaking authority. sec.97.27. Delinquent Update Filings.
    A registered seller of a business opportunity that does not file the updates required by the Texas Business Opportunities Act, Article 5069-16.08(a), Texas Civil Statutes, Article 5069-16.01 et seq, is delinquent and subject to termination of its registration under the procedures outlined in s97.28 of this title (relating to Termination Procedure or Failure to File Required Updates). sec.97.28. Termination Procedure for Failure to File Required Updates.
      The registration of a registered seller of a business opportunity that is delinquent in any of the update filings referenced in sec.97.27 of this title (relating to Delinquent Update Filings) may be terminated by the following procedure. (1) After an update is 30 days past the required filing date, the secretary of state shall forward a notice of delinquency. (2) The notice will be sent by certified mail to the seller's registered agent or to the last known address shown in the most recent filing with the secretary of state made under the Business Opportunity Act. (3) The notice in paragraph (1) of this section shall inform the seller of the delinquency and give such seller the opportunity to show compliance with the required filing in order to retain its registration. Additionally, the notice will inform the seller of its right to request a hearing, present evidence, and be represented by counsel. (4) If, within 35 days of the date the notice is mailed, the seller does not respond, file the required updates, or request a hearing, the seller's registration will be terminated and a letter will be sent by certified mail notifying said seller of the termination. Issued in Austin, Texas, on August 12, 1991. TRD-9109631 Lorna Wassdorf Special Assistant Office of the Secretary of State Effective date: August 12, 1991 Expiration date: December 10, 1991 For further information, please call: (512) 463-5558 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health Procurement of Professional Services 25 TAC sec.1.181 The Texas Department of Health (department) adopts on an emergency basis new sec.1.181, concerning procurement of professional services. The new section covers departmental grants and contracts with providers of professional services. The section also defines "professional services," describes the provider selection procedure, and describes an emergency selection procedure. The new section implements the requirements of Senate Bill 693, 72nd Legislature, 1991, which require the Texas Board of Health to adopt by rule a list of categories of licensed, certified, registered, or otherwise authorized providers to whom the department may award a grant for professional services or with whom the department may contract or otherwise engage to perform professional services. The new section is being adopted on an emergency basis in order to be effective on September 1, 1991, which is the date that Senate Bill 693 becomes law. The new section is adopted on an emergency basis under Senate Bill 693, 72nd Legislature, 1991, which amends the Health and Safety Code, Chapter 12, by adding sec.12.0121, which provides the Texas Board of Health (board) with the authority to adopt by rule requirements for contracting with and awarding of grants to professional health services providers; sec.12.001, which provides the board with the authority to adopt rules for the performance of each duty imposed by law on the board; and Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with the authority to adopt rules on an emergency basis sec.1.181. Grants and Contracts for Professional Services. (a) Purpose. The purpose of this section is to define the professional services for which the Department of Health (department) will award grants and execute contracts; list the categories of providers who may receive grants from the department or execute contracts with the department; and describe the procedures for selecting providers. (b) Definition. Professional services means those services performed by an individual who is licensed, certified, registered, or otherwise authorized under state law and who acts within the scope of the individual's license, certification, registration, or other authorization as defined by state law, in the practice of his or her health or allied health profession. (c) Categories of providers. This subsection covers the categories of licensed, certified, registered, or otherwise authorized providers under state law to whom the department may award a grant for professional services or with whom the department may contract or otherwise engage to perform professional services. The categories of providers, as described by the scope of their practice, are listed as follows: (1) athletic training; (2) audiology; (3) chiropractic services; (4) dentistry; (5) massage therapy; (6) medicine; (7) nursing; (8) nutrition; (9) optometry; (10) pharmacy; (11) physical therapy; (12) professional counseling; (13) psychology; (14) radiographic technology; (15) respiratory therapy; (16) social work; and (17) speech-language pathology. (d) Procedures for selection of providers. (1) The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services selected on the basis of competitive proposals submitted for the grant, contract, or services to be performed. (2) The department also may make the selection on the basis of: (A) demonstrated competence and qualifications for the type of professional services to be performed; and (B) whether the fees for the professional services to be performed are fair, reasonable, and consistent with and not higher than the usual and customary fees for the services to be performed and do not exceed any maximum provided by state law. (e) Emergency selection procedure. The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services without complying with subsection (d) of this section if the commissioner of health (commissioner) by order ratified by the Texas Board of Health at its next regular meeting determines that an emergency exists that necessitates the use of different procedures. A grant, contract, or engagement under this subsection is effective only for the period specified by the commissioner's order. Issued in Austin, Texas, on August 13, 1991. TRD-9109677 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 458-7236 Chapter 181. Vital Statistics The Texas Department of Health (departments) adopts on an emergency basis amendments to existing sec.sec.181.1, 181.6, 181.22 and new sec.181.23 and 181.25, concerning vital statistics. Section 181.1 concerns definitions and the amendment will broaden the definition of "index". Section 181.6 concerns disinterments and the amendment will update and clarify the section and implement Senate Bill 508, 72nd Legislature, 1991, concerning the procedure for removing burial remains from a cemetery. Section 181.22 concerns fees charged for vital records services and the amendment will increase fees to cover rising administrative costs, add a new fee for the processing and issuance of a disinterment permit, and clarify some of the existing language. New sec.181.23 concerns indexes for vital records and will implement Senate Bill 642, 72nd Legislature, 1991, that the Board of Health (board) adopt rules on indexing of birth and death records maintained by the department. New sec.181.25 concerns applications for marriage licenses and implements Senate Bill 751, 72nd Legislature, 1991, that the board adopt by rule the format and content of marriage license applications. The amendments and new sections also are being proposed for permanent adoption in this issue of the Texas Register. The reasons for the emergency adoption are as follows. The amendments to sec.181.1 and the adoption of new sec.181.23 will implement Senate Bill 642, 72nd Legislature, 1991, that the board adopt rules on indexing of birth and death records effective September 1, 1991. The amendment to sec.181.6 implements Senate Bill 508 that the board adopt rules covering disinterments effective September 1, 1991. The amendment to sec.181.22 is necessary on an emergency basis because the primary legal basis for the fees in the section is the current appropriations bill, Article II-21, sec.16, which is a temporary provision that expires on August 31, 1991. Accordingly, the board needs to adopt the amendments under the board's general rule making authority for fees (Health and Safety Code, sec.191. 002) effective September 1, 1991. New sec.181.25 implements Senate Bill 751, 72nd Legislature, 1991, which requires that the board adopt rules concerning the format and content of marriage license applications effective September 1, 1991. Miscellaneous Provisions 25 TAC sec.181.1, sec.181.6 The emergency amendment adopted on an emergency basis under Health and Safety Code, sec.191.003 which provides the board with authority to adopt rules concerning vital statistics; Senate Bill 642, 72nd Legislature, 1991, that the board adopt rules on indexing of birth and death records effective September 1, 1991; Senate Bill 508, 72nd Legislature, 1991, which provides the board with authority to adopt rules concerning disinterments; sec.12.001 which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department and the Commissioner of Health; and Texas Civil Statutes, Article 6252-17a, sec.5, which provides the board with authority to adopt rules on an emergency basis. sec.181.1. Definitions.
        The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
          Indexes-An index to or listing of birth records,
            [.] death records, application for marriage license and reports of divorce or annulment of marriage. sec.181.6. Disinterment. (a) Unless so ordered by a court of competent jurisdiction or by a medical examiner, a body, after being buried, shall not be disinterred for removal or transportation until an application for disinterment made by a licensed funeral director on a form prescribed by the Texas
              [State] Department of Health, has been submitted to and approved by the [local registrar of the district in which the disinterment is to be made or by the] state registrar or his designee
                . (b) (No change.) (c) The state
                  registrar shall issue a disinterment permit in four parts
                    [triplicate]. One copy shall be retained by the state
                      [issuing] registrar, one copy retained by the funeral director to whom issued, [and] one copy filed with the sexton or person in charge of the cemetery in which the disinterment is to be made [.], and one copy sent to the local registrar of the district in which the death occurred. The state registrar's copy and the local registrar's copy shall be attached as an amendment to the certificate of death filed in their respective offices. (d) [Neither a] A
                        disinterment permit [nor a burial transit permit] shall not
                          be required if a body is to be disinterred and reinterred in the same cemetery. (e) (No change.) (f) The disinterment permit issued by the state registrar shall serve as the authority to disinter, transport, and reinter a body.
                            [A burial-transit permit shall be required if a disinterred body is moved from the cemetery in which the the disinterment is made.] (g) (No change.) (h) All disinterred remains kept in receiving vaults shall be thoroughly embalmed in a manner approved by the Texas Funeral Service Commission
                              [State Board of Embalming] and shall be enclosed in a permanently sealed casket. Issued in Austin, Texas, on August 13, 1991. TRD-9109676 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 458-7692 Vital Records 25 TAC sec.sec.181.22, 181.23, 181.25 The amendment and new sections are adopted on an emergency basis under the Health and Safety Code, sec.191.002, which provides the board with the authority to adopt rules establishing a schedule of fees for vital statistic services; sec.191.003, which provides the board with authority to adopt rules concerning vital statistics; Senate Bill 642, 72nd Legislature, 1991, that the board adopt rules on indexing of birth and death records effective September 1, 1991; Senate Bill 751, 72nd Legislature, 1991, which requires the board adopt rules concerning the format and content of marriage license applications effective September 1, 1991; sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health; and Texas Civil Statutes, Article 6252-17a, sec.5, which provide the board with authority to adopt rules on an emergency basis. sec.181.22. Fees Charged for Vital Records Services. (a) (No change) (b) The fee for a certified copy of a death certificate shall be $9.00
                                [$8.00] for the first or only copy requested, and $3. 00
                                  [$2.00] for each additional copy of the same record requested in the same request. (c) The fee for a certified copy of a birth record shall be $9.00
                                    [$8.00]. Additional copies shall be $9.00
                                      [$8.00] for each copy requested. (d) The fee for a search of any record or information on file within the Bureau of Vital Statistics (bureau)
                                        shall be $9.00
                                          [$8.00], regardless of whether a certified copy is issued or not. This fee shall include the cost of one certified copy of the birth, death, or fetal death record requested. (e) The fee for a search to verify a marriage or divorce record shall be $9.00
                                            [$8.00]. Only a plain copy of the record as filed in the bureau shall be issued to the requester.
                                              [No copies, plain or certified will be given and only a verification statement issued as required by Texas Civil Statutes, Article 4477, now codified as Health and Safety Code, 1989.] (f) The fee for a search to verify a birth or death record shall be $9.00
                                                [$8.00], with no copy issued. (g) The fee for a search and identification of the court which granted an adoption shall be $9.00
                                                  [$8.00]. (h)-(m) (No change. ) (n) The fee for the processing and issuance of a disinterment permit shall be $25. The fee is to be paid by the applicant for the permit, and must be submitted with the application. (o) A surcharge of $2.00 shall be added to the fee for searching and issuing each certified copy of a certificate of birth, wallet-sized certification of birth facts, or conducting a search for a certificate of birth as mandated by Senate Bill 610, s4, Acts of the 72nd Legislature, 1991. sec.181.23. Indexes for Vital Records. (a) The state registrar shall establish and maintain an index to all vital records filed within the Bureau of Vital Statistics. (b) Birth indexes shall be prepared by event year, in alphabetical order by surname of the registrant, followed by any given names or initials, the date of the event, the county of occurrence, the state file number, the name of the father, and the maiden name of the mother. (c) Death indexes shall be prepared by event year, in alphabetical order by surname of the registrant, followed by any given names or initials, the date of the event, the county of occurrence, and the state file number. (d) Indexes to marriage and divorce records shall be cross-referenced by the names of the husband and wife and include the event date and county of occurrence. (e) Consolidated indexes are indexes of vital records consisting of more than one event year. Consolidated indexes may be prepared for any vital event at the discretion of the state registrar in the form he may prescribe. (f) Please refer to sec.181.10(c) of this title (relating to Confidentiality of Birth Records Covering Adoption Placement) for additional information relating to indexes concerning adoptions, paternity determinations, and summary indexes of births and deaths. sec.181.25. Application for Marriage License. (a) The Bureau of Vital Statistics (bureau) shall furnish application forms for a marriage license to each county clerk throughout the state in the format as prescribed by the board. (b) The application form shall contain the items and information prescribed in the Texas Family Code, sec.1.03. (c) When reproduced locally by the county clerk, the form shall be identical in content, format, and size as prescribed by the bureau. (d) The form shall be in the size of 7 1/2 by 9 1/4 inches and in the following format. [graphic] Issued in Austin, Texas, on August 13, 1991. TRD-9109675 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 458-7692 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. ADMINISTRATIVE Part IV. Office of the Secretary of State Chapter 97. Business Opportunity Fees and General Information 1 TAC sec.97.27, sec.97.28 (Editor's Note: The Office of the Secretary of State proposes for permanent adoption the new sections it adopts on an emergency basis in this issue. The text of the new sections is in the Emergency Rules section of this issue.) The Office of the Secretary of State proposes sec.97.27 and sec.97.28, concerning business opportunities. Section 97.27 defines what causes a registered seller of a business opportunity to be delinquent in update filings and references the new s97.28 for the registration termination procedure. Section 97.28 delineates the steps to be taken in order to administratively terminate the business opportunity seller's registration. Guy Joyner, staff attorney, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Joyner 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 to provide individuals and companies with a clarification of the procedure for terminating the registration of a Texas registered business opportunity seller that fails to file required updates. Additionally, a more accurate listing of active business opportunity sellers can be maintained and the cost of holding unnecessary administrative hearings will be eliminated. 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 Guy Joyner, Staff Attorney, Statutory Documents Section, P.O. Box 12887, Austin, Texas 78711. The new sections are proposed under Texas Civil Statutes, Article 5069-16. 08(b), which provide the secretary of state with the authority to adopt rules pertaining to delinquent update filings for registered business opportunity sellers and Texas Civil Statutes, Article 6253-13a, which provide the Office of the Secretary of State with rulemaking authority. 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 August 12, 1991. TRD-9109690 Lorna Wassdorf Special Assistant Office of the Secretary of State Earliest possible date of adoption: September 20, 1991 For further information, please call: (512) 463-5558 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health Procurement of Professional Services 25 TAC sec.1.181 (Editor's Note: The Texas Department of Health proposes for permanent adoption the new section it adopts on an emergency basis in this issue. The text of the new section is in the Emergency Rules section of this issue.) The Texas Department of Health (department) proposes new s1.181, concerning procurement of professional services. The new section covers departmental grants and contracts with providers of professional services. The section also defines "professional services," describes the provider selection procedure, and describes an emergency selection procedure. The new section will implement Senate Bill 693, 72nd Legislature, 1991, which requires the Texas Board of Health to adopt by rule a list of categories of providers who are licensed, certified, registered, or otherwise authorized under state law, to whom the department may award a grant for professional services or with whom the department may contract or otherwise engage to perform professional services. The new section is also adopted on an emergency basis in this issue of the Texas Register. Stephen Seale, Chief Accountant III, Budget Office, has determined that for the first five-year period the section is in effect there will be no fiscal implications to state or local government as a result of administering or enforcing the section as proposed. Mr. Seale 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 to implement the legislative provisions of Senate Bill 693. There will be no cost to small businesses and persons and there will be no impact on local employment. Comments on the proposal may be submitted to Hal Nelson, Chief, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7236. Comments will be accepted for 30 days after publication of the proposal in the Texas Register. The new section is proposed under Senate Bill 693, 72nd Legislature, 1991, which amends the Health and Safety Code, Chapter 12, by adding sec.12.0121, which provides the Texas Board of Health (board) with the authority to adopt by rule requirements for contracting with and awarding of grants to professional health services providers; and sec.12.001, which provides the board with the authority to adopt rules for the performance of each duty imposed by law on the board. 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 August 13, 1991. TRD-9109678 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7236 Chapter 181. Vital Statistics Miscellaneous Provisions (Editor's Note: The Texas Department of Health 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 Department of Health (department) proposes amendments to sec.sec.181. 1, 181.6, 181.22, and proposed new sec.181.23, and sec.181.25, concerning vital statistics. Section 181.1 concerns definitions and the amendment will broaden the definition of "index". Section 181.6 concerns disinterments and the amendment will update and clarify the section and implement Senate Bill 508, 72nd Legislature, 1991, concerning the procedure for removing burial remains from a cemetery. Section 181.22 concerns fees charged for vital records services and the amendment will increase fees to cover rising administrative costs, add a new fee for the processing and issuance of a disinterment permit, clarify some of the existing language, implement Senate Bill 610, s4, 72nd Legislature, 1991, which requires the department to charge a surcharge fee to fund a child care program for the department as an employee benefit. New sec.181.23 concerns indexes for vital records and will implement Senate Bill 642 , 72nd Legislature, 1991, that the Texas Board of Health (board) adopt rules on indexing of birth and death records maintained by the department. New sec.181.25 concerns applications for marriage licenses and implements Senate Bill 751, 72nd Legislature, 1991, that the board adopt by rule the format and content of marriage license applications. Stephen Seale, Chief Accountant III, Budget Office, has determined that for the first five-year period that the sections are in effect there will be no fiscal implications to state or local government as a result of administering or enforcing the sections as proposed. Mr. Seale 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 to update and clarify existing rules, implement provisions in recent legislation, and increase fees and add a new fee in order to cover rising administrative costs. There will be no cost to small businesses and persons and there will be no impact on local employment. Comments on the proposal may be submitted to Rick Bays, Chief, Bureau of Vital Statistics, Texas Department of Health, 1100 West 49th Street, Austin, 78756, (512) 458-7692. Mr. Bays will accept comments for 30 days after the proposal is published in the Texas Register. 25 TAC sec.181.1, sec.181.6 The amendments are proposed under the Health and Safety Code, sec.191.003, which provides the board with authority to adopt rules concerning vital statistics; Senate Bill 508, 72nd Legislature, 1991, which provides the board with authority to adopt rules concerning disinterments; Senate Bill 642, 72nd Legislature, 1991, which provides the board with the authority to adopt rules concerning indexing of birth and death records; and sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. 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 August 13, 1991. TRD-9109681 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7692 Vital Records 25 TAC sec.sec.181.22, 181.23, 181.25 (Editor's Note: The Texas Department of Health proposes for permanent adoption the new and amendment sections it adopts on an emergency basis in this issue. The text of the new and amendment sections is in the Emergency Rules section of this issue.) The amendment and new sections are proposed under the Health and Safety Code, sec.191.003, which provides the board with authority to adopt rules concerning vital statistics; sec.191.002, which provides the board with authority to adopt rules establishing a schedule of fees for vital statistic services; sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health; Senate Bill 642, 72nd Legislature, 1991, which provides the board with authority to adopt rules concerning indexing of birth and death records; and Senate Bill 751, 72nd Legislature, 1991, which provides the board with authority to adopt the format and content of marriage license applications. 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 August 13, 1991. TRD-9109682 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7692 The Texas Department of Health (department) proposes an amendment to sec.181.2 and new sec.181.24, concerning vital statistics. Section 181.2 concerns disposition of bodies and the amendment will update and clarify the procedure covering the issuance of burial transit permits. New sec.181.24 concerns procedures which the department will follow relating to abused, misused, and flagged records. Stephen Seale, Chief Accountant III, Budget Office, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Seale 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 section will be to update and clarify the existing rules concerning vital statistics. 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. Comments on the proposal may be submitted to Rick Bays, Chief, Bureau of Vital Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7692. Mr. Bays will accept comments for 30 days after the proposal is published in the Texas Register. 25 TAC sec.181.2 amendment is proposed under Health and Safety Code, sec.191.003, which provides the board with authority to adopt rules concerning vital statistics; and sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. sec.181.2. Disposition of Bodies. (a) (No change.) (b) In preparation for final disposition, if
                                                    [If] a dead body or fetus is to be removed from this state, transported by common carrier within this state, or cremated, the funeral director, or person acting as such, shall obtain a burial-transit permit from the justice of the peace acting as coroner or the medical examiner, as is appropriate, in
                                                      [local registrar of] the district in which the death occurred or in which the body was found. The justice of the peace acting as coroner or the medical examiner shall issue a burial-transit permit if the justice of the peace or the medical examiner has determined there is no further need for the body or fetus in this state. A copy of the burial-transit permit shall be filed with the local registrar of the district where the death occurred or the body was found.
                                                        [The local registrar shall not issue a burial-transit permit until a certificate of death, complete in so far as is possible, has been filed.] (c) The funeral director, or person acting as such, shall furnish the sexton or other person in charge of a cemetery with the information required for the cemetery records. Note: The report of
                                                          [for] death form and the burial-transit permit form
                                                            shall be prescribed and furnished by the Texas
                                                              [State] Department of Health, 1100 West 49th Street, Austin, Texas 78756-3191
                                                                . 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 August 13, 1991. TRD-9109680 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7692 25 TAC sec.181.24 The new section is proposed under Health and Safety Code, sec.191.003, which provides the board with authority to adopt rules concerning vital statistics; and sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health. sec.181.24. Abused, Misused or Flagged Records. (a) Abused record. (1) Any record that has had 10 or more certifications issued since the original date of filing shall be considered as an abused record. Such a notation shall be made on the record. (2) When the state registrar receives a request for an abused record, he shall refuse to issue any additional certifications until the registrant has satisfactorily explained, under oath, the reason for the additional request(s). (b) Misused record. (1) A misused record is any birth or death record that has been used by any person other than the registrant or qualified applicant for any fraudulent or illegal purpose; or any birth record used by the registrant for any fraudulent or illegal purpose shall be considered as a misused record. (2) Upon notification or determination that a record has been mis- used, the state registrar shall attach a flag or notice to the record. (c) Flagged record. (1) A flagged record is any record with a notation by the state registrar that a request was received to not issue the record. Any record with a flag or an addendum attached thereto shall be considered as a flagged record. (2) When a record has a flag, notation, or addendum, the state registrar shall refuse to issue such a record until the conditions as stated on the flag, notation, or addendum have been carried out and the registrant or the requesting party has been notified. (d) Administrative hearing. An administrative hearing may be requested as provided in sec.181.21(d) of this title (relating to Refusal to Issue Certified Copies of Records of Birth, Death, or Fetal Death) to determine if flagged, abused, misused, or records with an addendum or notation should be issued. 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 August 13, 1991. TRD-9109679 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7692 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Commission on Jail Standards Chapter 251. General 37 TAC sec.251.9 The Texas Commission on Jail Standards propose new sec.251.9, concerning complaints to the commission regarding commission functions and procedures. The new section will establish a policy of how those individuals or entities which received services provided by the commission can file complaints. Jack E. Crump, executive director, 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. Crump 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 the notification to individuals and entities receiving services provided by the commission of the procedures for filing a complaint regarding the commission's functions and procedures. 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. Comments on the proposal may be submitted to Jack E. Crump, Texas Commission on Jail Standards, P.O. Box 12985, Austin, Texas 78711. The new section is proposed under the Government Code, Title 4, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures. sec.251.9. Complaints.
                                                                  All inspection reports, plan reviews, and bills for services issued by the commission shall provide instructions for directing complaints to the commission regarding commission functions and procedures. 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 July 24, 1991. TRD-9109687 Jack E. Crump Executive Director Texas Commission on Jail Standards Earliest possible date of adoption: September 20, 1991 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled The Texas Department of Human Services (DHS) proposes amendments to sec.48. 3904, concerning special casework procedures for Adult Foster Care, and to sec.48. 8901, concerning minimum standards, in its Community Care for Aged and Disabled chapter. The purpose of the amendments is to clarify existing policies on bedhold charges, complaints, supervision, reporting emergencies, and fire inspection. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed sections will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Raiford 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 a clearer understanding of adult foster care policies. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed sections. Questions about the content of this proposal may be directed to Carl Giles (512) 450-3156 in DHS's Long Term Care Department. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-208, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . Case Management 40 TAC sec.48.3904 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.48.3904. Special Casework Procedures for Adult Foster Care. (a)-(e) (No change.) (f) The Texas Department of Human Services pays the daily rate for up to 14 days of leave for each 12-consecutive-month period when an authorized client is away from the foster home. Payment for leave in excess of 14 days per year is the responsibility of the client. Any bedhold charges are between the client and provider because they have negotiated a monthly room and board agreement. Bedhold charges, however, may not exceed the daily room and board rate. (g) (No change.) 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 August 14, 1991. TRD-9109719 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 1, 1991 For further information, please call: (512) 450-3765 Minimum Standards 40 TAC sec.48.8901 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.48.8901. Minimum Standards for Adult Foster Care.
                                                                    Enrolled providers of adult foster care services must meet these minimum standards. (1) Provider responsibilities. The provider must: (A)-(D) (No change.) (E) document and investigate client complaints, and report unresolved client complaints to the caseworker within five days of receipt of the complaint; (F) report any situation considered to be an emergency to the client's family or doctor or other community resources, on the same day as awareness of the situation, and seek immediate medical attention for emergencies involving clients; (G) (No change.) (H) ensure that an approved substitute provider is present in the home if at least one client remains in the home when the provider plans to be absent from the home for more than three consecutive
                                                                      hours in a 24-hour period; (I)-(N) (No change.) (2) (No change.) (3) Facility enrollment requirements. All homes in which adult foster care is provided must: (A)-(F) (No change.) (G) provide at least one chair in each client's bedroom, and at the client's request, make additional chairs available up to the number of clients who share a bedroom; (H)-(N) (No change.) (4) Enrollment and licensure requirements. (A) For purposes of receiving payment for DHS, adult foster care homes must: (i)-(iv)
                                                                        (No change.) (v)
                                                                          be inspected annually for fire safety. The initial fire safety inspection must be conducted by
                                                                            fire safety authorities. The provider must correct any hazardous conditions identified in the inspection within the time specified by the inspector, or before the department's enrollment/renewal of the home, whichever is earlier; and (vi)
                                                                              (No change.) (B) (No change.) 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 August 14, 1991. TRD-9109720 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 1, 1991 For further information, please call: (512) 450-3765 Withdrawn Sections An agency may withdraw proposed action or the remaining effectiveness of emergency action on a section by filing a notice of withdrawal with the Texas Register. The notice is effective immediately upon filling or 20 days after filing. If a proposal is not adopted or withdrawn six months after the date of publication in the Texas Register, it will automatically be withdrawn by the office of the Texas Register and a notice of the withdrawal will appear in the Texas Register . TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 21. Oil Spill Prevention and Response Hearings Procedures 31 TAC sec.21.32 The General Land Office has withdrawn from consideration for permanent adoption a proposed new sec.21.32 which appeared in the May 21, 1991, issue of the Texas Register (16 TexReg 2820). The effective date of this withdrawal is August 14, 1991. Issued in Austin, Texas, on August 14, 1991. TRD-9109724 Nell Cheslock Liaison General Land Office Effective date: August 14, 1991 For further information, please call: (512) 463-5394 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 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 21. Oil Spill Prevention and Response Hearings Procedures 31 TAC sec.sec.21.1-21.31, 21.33-21.52 The General Land Office adopts new sec.sec.21.1-21.31 and 21.33-21.52, concerning oil spill prevention and response hearing procedures. Sections 21. 1-21.3, 21.7-21.9, 21.11-21.13, 21.23, 21.27, 21.29, 21.37, 21.38, 21.40, 21.41, and 21.47 are adopted with changes to the proposed text as published in the April 15, 1991, issue of the Texas Register (16 TexReg 2820). Sections 21. 4-21.6, 21.10, 21.14-21.22, 21.24-21.26, 21.28, 21.30, 21.31, 21.33-21.36, 21.39, 21.42-21.46, and 21.48-21.52 are adopted without changes and will not be republished. Proposed sec.21.32 has been withdrawn. The new sections will bring the agency into compliance with Senate Bill 14, 72nd Legislature, 1991, the Oil Spill Prevention and Response Act of 1991. The sections provide procedures for applicants to appeal denial of discharge prevention and response certification and for the General Land Office to assess administrative penalties and pursue suspension of discharge prevention and response certificates in accordance with the Oil Spill Prevention and Response Act of 1991 and in accordance with new Chapter 19 of this title (relating to Oil Spill Prevention and Response). One comment received requested clarification of the definition of owner or operator found in sec.21.2; the comment was incorporated. One commenter suggested a change in the statutory definition of discharge of oil. The comment was rejected because the definition was taken directly from the Oil Spill Response Act. Another comment received requested clarification of subsections (c) and (d) of sec.21.3; the comment was adopted. Another comment received suggested amending sec.21.3(e); sec.21.3(e) was amended to address early filings. One commenter objected to the admissibility of evidence in sec.21.29. This comment was not adopted because sec.21.29 incorporates the Administrative Procedure and Texas Register Act (APTRA), sec.14(a). Comment was received suggesting that consent to the preliminary report be included in sec.21.7; the comment was adopted. Another comment received suggested s21.8(b) conform to the Oil Spill Response Act, sec.40.254(e); the comment was incorporated. One comment received objected to the requirement of a statement of grounds. Because the statement of grounds will facilitate the administrative process, the comment was not incorporated. One commenter suggested flexibility under sec.21.9(b); the comment was adopted. Comment was received requesting clarification of sec.21.9(c); the comment was adopted. One comment received concerned the responsibility for determining sufficiency of pleadings; sec.21.12(d) was amended to incorporate the comment. Another comment received requested flexibility under sec.21.23(b) and sec.21. 13(c); sec.21.13 was amended to incorporate the comment. Comment was received suggesting elimination of the limitations on cross examination; sec.21.23(b) was amended to incorporate the comment. Comment was received regarding evidence in contested proceedings; the comment was adopted. In response to a comment requesting sec.21.40(c) be revised, the section was revised to clarify that a written request under sec.21.40(c) constitutes the motion for rehearing under APTRA. Comment was received regarding incorporation of APTRA, sec.16(b) and (e); the comment was incorporated. Comment was received requesting more time to respond or object to the preliminary report; the comment was incorporated. The new sections are adopted under Senate Bill 14, 72nd Legislature, 1991, which authorizes the commissioner to promulgate rules necessary and convenient to the administration of the Oil Spill Prevention and Response Act of 1991. sec.21.1. Purpose and Scope. (a) These sections are intended to provide orderly and efficient procedures for applicants to appeal denial of discharge prevention and response certification and for the General Land Office to assess administrative penalties and pursue suspension of discharge prevention and response certificates in accordance with the Oil Spill Prevention and Response Act of 1991 and in accordance with new Chapter 19 of this title (relating to Oil Spill Prevention and Response). (b) These procedures shall apply to the initiation, conduct, and determination of hearings on administrative penalties and certificate denial and suspension before the General Land Office, as defined by the Oil spill Prevention and Response Act of 1991, and Chapter 19 of this title (relating to Oil Spill Prevention and Response), where notice and hearing are required. (c) These sections shall supplement the provisions of Texas Civil Statutes, Article 6252-13a (Supplement 1991), hereinafter referred to as the Administrative Procedure and Texas Register Act (APTRA). All practices and procedures provided for by APTRA, even though not specifically included herein, shall be applicable to practice before the General Land Office. sec.21.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Agency-The General Land Office of the State of Texas. Chief clerk-The chief clerk of the General Land Office. The chief clerk may perform any of the duties of the commissioner if the commissioner is sick, is absent, dies, or resigns. Coastal waters -The waters and bed of the Gulf of Mexico within the jurisdiction of the State of Texas, including the arms of the Gulf of Mexico subject to tidal influence, and any other contiguous waters that are navigable by vessels with a capacity to carry 10,000 gallons or more of oil as fuel or cargo. Commissioner-The commissioner of the General Land Office. Discharge of oil-An intentional or unintentional act or omission by which harmful quantities of oil are spilled, leaked, pumped, poured, emitted, or dumped into or on coastal waters or at a place adjacent to coastal waters where, unless controlled or removed, an imminent threat of pollution to coastal waters exists. Fund-The coastal protection fund. Hazardous substance -Any substance, except oil, designated as hazardous by the Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 United States Code, sec.9601 et seq) and designated by the Texas Water Commission. Oil-Oil of any kind or in any form, including, but not limited to, crude oil, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, sec.101(14)(A)-(F), (42 United States Code, sec.9601 et seq), and which is subject to the provisions of that Act, and which is so designated by the Texas Water Commission. Owner or operator -Any person: (A) owning, operating, or chartering by demise a vessel; or (B) owning a terminal facility or a person operating a terminal facility by lease, contract, or other form of agreement. Party-Each person or agency named or admitted as a party. Person-Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. Petitioner-In a contested case, the person or persons filing a statement of grounds contesting an agency action or assessment. Pollution-The presence of harmful quantities of oil from an unauthorized discharge in coastal waters or in or on adjacent waters, shorelines, estuaries, tidal flats, beaches, or marshes. Proceeding-Any hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of a complaint. Terminal facility or facility-Any waterfront or offshore pipeline, structure, equipment, or device used for the purposes of drilling for, pumping, storing, handling, or transferring oil and operating where a discharge of oil from the facility could threaten coastal waters, including, but not limited to, any such facility owned or operated by a public utility or a governmental or quasi-governmental body. Unauthorized discharge -A discharge of a harmful quantity of oil from a vessel or facility either: (A) into coastal waters; or (B) on any waters or land adjacent to coastal waters where harmful quantities of oil may immediately enter those coastal waters if the discharge is not abated and the oil removed. The term excludes discharges authorized by a government permit, seepage from the earth solely from natural causes, and unavoidable, minute discharges of oil from a properly functioning engine. Uncontested proceeding or case-Any proceeding other than a contested case. sec.21.3. Filing of Documents. (a) All documents shall be filed with the administrative hearings clerk at the following address: Administrative Hearings Clerk, General Land Office, 1700 North Congress Avenue, Room 630, Austin, Texas 78701-1495. (b) The administrative hearings clerk shall deliver a copy of all documents submitted under this section, to the assigned agency hearings attorney at the following address: Legal Services Division: Environment Law Section, Oil Spill Hearings Attorney, General Land Office, 1700 North Congress Avenue, Room 630, Austin, Texas 78701-1495. (c) Except as provided in subsection (d) of this section, all documents relating to an administrative hearing before the agency shall be deemed filed only when actually received and accepted by the administrative hearings clerk. (d) A document required to be filed under this chapter which is properly addressed to the administrative hearings clerk, which is properly stamped, and which is postmarked at least one day prior to the last day for filing the document, shall be deemed to have been filed timely if it is received not more than 10 days after the filing deadline. (e) Where the time period for filing any responsive documents (replies to exceptions, replies to motions, etc.) is initiated by the filing of another document, the initiating document shall be deemed filed when it is actually received and accepted for filing by the administrative hearings clerk, if filed on or after the filing deadline. Documents filed before the filing deadline shall be deemed filed on the day of the filing deadline. sec.21.7. Initiation of General Land Office Action. (a) If the commissioner denies issuance of a discharge prevention and response certificate, the commissioner shall issue a preliminary report stating the reasons for denial. (b) If the commissioner, after an investigation, concludes that a violation has occurred for which a penalty should be assessed and/or for which a discharge prevention and response certificate should be suspended, in accordance with the Texas Natural Resources Code, sec.40.254, the commissioner shall issue a preliminary report: (1) stating the facts that support the conclusion; (2) recommending that a penalty be imposed or a certificate be suspended, or both; and (3) recommending the amount of the penalty. (c) The commissioner shall serve written notice of the preliminary report by certified mail, return receipt requested, to the applicant for the certificate or the person charged with the violation not later than the 10th day after the date on which the report is issued. The notice must include: (1) a brief summary of the reason(s) for denial; or (2) a brief summary of the charges; (3) a statement of the commissioner's recommendations; (4) a statement of the right of the applicant or the person charged to a hearing; and (5) a copy of the preliminary report. (d) Not later than the 20th day after the date on which the notice is served, the applicant or the person charged may consent in writing to the report, including the commissioner's recommendations, or make a written request for hearing in accordance with sec.21.8 of this title (relating to Request for Hearing). sec.21.8. Request for Hearing. (a) A person who disagrees with a preliminary report, and who wishes to request a hearing for reconsideration or redetermination by the agency of the preliminary report, shall file with the agency a request for hearing and a statement of grounds as described in sec.21.3 of this title (relating to Filing of Documents) and sec.21.9 of this title (relating to Statement of Grounds). (b) If the person charged consents to the commissioner's recommendation, or fails to request a hearing within 20 days after receipt of notice of the preliminary report, the commissioner by order shall take the recommended action or order a hearing to be held on the findings and recommendations in the report. If the commissioner takes the recommended action, the commissioner shall serve written notice of the decision to the person. The person charged must comply with the order and pay any penalty assessed. (c) A request for hearing must be filed in a timely manner regardless of any extension of time granted for the filing of a statement of grounds. sec.21.9. Statement of Grounds. (a) A statement of grounds must set out in detail the reasons for disagreement with the preliminary report and shall include the factual and legal basis for the dispute. (b) To the extent practicable, a statement of grounds shall be accompanied by the following documents: (1) documentary evidence, if any, in support of petitioner's claim; (2) a list of all other parties whom petitioner claims are liable under the charges of the preliminary report; and (3) the percentage that petitioner claims each party is liable. (c) A statement of grounds or a letter requesting an extension of time to file a statement of grounds must be filed within 20 days after receipt of notice of the preliminary report. (d) Upon a showing of good cause by petitioner, the hearing examiner may extend the time for submission of a statement of grounds. (e) The time for submission of a statement of grounds will be automatically extended 15 days if the petitioner, having requested a hearing, requests an informal conference with the hearings attorney prior to the original date set for submission of the statement of grounds. In order to receive the automatic 15-day extension, the petitioner must file a letter with the administrative hearing clerk before the original date the statement of grounds is due which sets out the date and place of the informal conference, as agreed upon by the petitioner and the hearing examiner, in order to receive the automatic 15-day extension. sec.21.11. Notice. (a) Notice of proceeding. In any administrative hearing, the clerk shall send a notice of hearing to each party of record at least 10 days prior to the hearing date. (b) Contents of notice. All notices required by these sections shall be sent by certified mail, return receipt requested, and shall contain the following: (1) a statement of the time, place, and nature of the hearing; (2) a statement citing the legal authority under which the hearing is to be held; (3) a short and plain statement of the matters asserted; (4) a statement citing the specific statute(s) or rule(s) involved; and (5) in the case of administrative penalties, the amount of penalties alleged to be due. (c) Statement of the issues. If the agency or other party is unable to state matters in detail at the time notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, on timely written application, a more definite and detailed statement must be furnished not less than 10 days prior to the date set for hearing. (d) Service of process and service of notice. Each owner or operator of a terminal facility or vessel, subject to the provisions of this chapter, shall designate a person in the state as his legal agent for service of process and service of notice, and such designation shall be filed with the secretary of state. In the absence of such designation, the secretary of state shall be the designated agent for purposes of service of process under this chapter. sec.21.12. Pleading. (a) Classification of pleadings. (1) A pleading is any written document filed by a party alleging its claim, its response to a claim, or its request for specific relief or action. Pleadings may take the form of statement of grounds, pre-hearing and post-hearing briefs, applications, petitions, complaints, protests, exceptions, replies, motions, or answers. (2) All pleadings must be in writing, must be filed as required in sec.21.3 of this title (relating to Filing of Documents), and must be served on all parties of record. (3) Pleadings shall be classified as applications or petitions, protests, responses, exceptions, replies, or motions. Any error in the designation of a pleading shall not prevent it from being accorded its true status in the proceeding in which it is filed. (b) Service of pleadings. A copy of each pleading must be sent or delivered to each party of record or to the designated representative of such party of record at the time the pleading is filed with the agency. (c) Form and content of pleadings. All pleadings shall have the following: (1) the name, address, and telephone number of the party filing the document and the name, business address, telephone number, and fax number of its representative, if applicable; (2) a concise statement of the facts relied upon and the legal basis for the relief sought; (3) a prayer stating the specific relief, action, or order sought by the pleader; and (4) a certificate of service stating that a copy of the pleading has been sent or delivered to each party of record. (d) Amended pleadings. A pleading may be amended at any time unless the amendment would operate as a surprise to another party or delay a hearing, unless a delay is necessary to prevent injustice or to protect the public interest. An amended pleading which operates as a surprise to another party may be allowed upon a written motion and a showing that no harm will result from such pleading. (e) Incorporation of agency records by reference. Any pleading may adopt and incorporate by specific reference any document or entry, or any part thereof, in the official files and records of the General Land Office. This section shall not act to relieve any party from the necessity of alleging and proving in detail those facts necessary to sustain its burden of proof as imposed by law or by agency rule. sec.21.13. Motion Before The Examiner And Response to Motions Before the Examiner. (a) Any motion in any proceeding, unless made on the record during a hearing, shall be in writing, shall be filed in accordance with sec.21.3 of this title (relating to Filing of Documents), shall be served on all parties of record, and shall set forth the relief sought and the specific reasons and grounds for such relief. If based upon matters which do not appear of record, it shall be supported by written affidavit or certificate. If the movant desires an oral argument on the motion before the examiner, the motion shall so state. (b) If the party filing a response to a motion desires an oral argument on the motion before the examiner, the response to the motion shall so state. sec.21.23. Order of Procedure. (a) The examiner shall open the hearing and make a concise statement of its scope and purposes. A record of all proceedings during such hearing shall be made. Once the hearing has begun, parties or their representatives may be off the record only when permitted by the examiner. If a discussion off the record is determined by the examiner to be pertinent to the issues to be decided in the hearing, the examiner may summarize such discussion for the record. Appearances by all parties or their representatives, and any witnesses who may testify during their proceeding are to be entered in the record. All witnesses present, who may testify, will then be placed under oath. Thereafter, parties may present motions or opening statements. (b) Following opening statements, if any, the party with the burden of proof may be directed to proceed with its direct case. (c) Where the proceeding is initiated by the General Land Office, or where several proceedings are heard on a consolidated record, the examiner shall designate which party shall open and close and the stage at which other parties shall be permitted to offer evidence. The party with the burden of proof shall be entitled to open and to close. (d) Opportunity for cross-examination of witnesses and presentation of a direct case shall be afforded all parties of record. After all parties have completed the presentation of their evidence and have been afforded the opportunity to ask clarifying questions and to cross-examine opposition witnesses, closing statements may be allowed. (e) The parties may, by agreement, alter the order of these proceedings with the consent of the hearing examiner. sec.21.27. Interim Order. Prior to any final order of the commissioner, a party may seek, upon motion submitted to the hearing examiner, approval of a written interim order on any substantive issue where the facts are not disputed. An interim order shall not be subject to exceptions or application for rehearing until the close of the hearing and the proposal for decision is filed, but any party who would be aggrieved by such an interim order shall be provided an opportunity to file a motion to set aside, or to modify such interim order within three days before such order is entered. sec.21.29. Rules of Evidence. The rules of evidence as applied in nonjury civil cases in the district courts of this state shall be followed. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. When necessary to ascertain facts not reasonably susceptible to proof under those rules, evidence not admissible under them may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. The rules of privilege recognized by law shall be effective in agency proceedings. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in writing. sec.21.37. The Record. (a) Contents of record. The record in a contested case includes: (1) all pleadings, motions, briefs, and interim orders; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings on objections; (5) any decision, opinion, or report by the examiner presiding at the hearing; (6) all staff memoranda or data submitted to or considered by the hearing examiner or members of the agency who are involved in making the decision; (7) proposed findings and exceptions; (8) any findings of fact or conclusions of law; (9) the final order of the commissioner. (b) Findings of fact. Findings of fact shall be based exclusively on the evidence presented and on matters officially noticed. sec.21.38. Proposal for Decision. In either a contested or an uncontested case, if the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the hearing examiner, served on all parties, and each party has been afforded the opportunity to file exceptions and present briefs to the commissioner. If any party files exceptions or presents briefs, an opportunity must be afforded to all other parties to file replies to the exceptions or briefs. A proposal for decision must contain a statement of the issues in dispute, the reasons for the proposed decision, and findings of fact and conclusions of law necessary to support the proposed decision. Such examiner's proposal for decision shall be prepared by the hearing examiner and served on all parties of record within 30 days after conclusion of the evidence in the case, unless the hearing examiner, at that time, specifies a longer period of time within which the proposal for decision may be issued. sec.21.40. Commissioner's Orders. (a) Based on the findings of fact and the recommendations of the hearing examiner, the commissioner, by order, may find that a violation has occurred and assess a penalty or suspend a discharge prevention and response certificate or both, or may find that no violation occurred. (b) If the commissioner finds that a violation has occurred and assesses a penalty or suspends a discharge prevention and response certificate, the commissioner shall give the person charged written notice of: (1) the commissioner's findings; (2) the amount of the penalty or the terms of the suspension; and (3) the person's right to judicial review of the commissioner's order. (c) Not later than the 20th day after the date on which the notice is served, the person charged may consent in writing to the report, including the commissioner's recommendations, or file a motion for rehearing in accordance with Texas Civil Statutes, Article 6252-13(a), sec.16. (d) All final orders shall be in writing and shall be signed and dated by the commissioner. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling on each proposed finding. Parties shall be notified either personally or by first class mail of any decision or order. When an agency issues a final decision or order ruling on a motion for rehearing, the agency shall send a copy of that final decision or order by first class mail to the attorneys of record and shall keep an appropriate record of that mailing. If a party is not represented by an attorney of record, then the agency shall send a copy of a final decision or order ruling on a motion for rehearing by first class mail to that party, and the agency shall keep an appropriate record of that mailing. A party or attorney of record notified by mail of a final decision or order as required by this section shall be presumed to have been notified on the date such notice is mailed. (e) The final decision or order of the commissioner must be rendered within 60 days from the last date for filing of exceptions and replies to exceptions to the examiner's proposal for decision, unless the hearing examiner, at the conclusion of the hearing, specifies a longer period of time within which the order may be issued. (f) The parties may, by agreement with the approval of the agency, provide for a modification of the times provided in this section. sec.21.41. Rehearing. Except as provided in s21.40(g) of this title (relating to Commissioner's Orders), a motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed by a party within 20 days after the date the party or the attorney of record is notified of the final decision or order as required by sec.21.40(d). Replies to a motion for rehearing must be filed with the agency within 30 days after the date that the party or the attorney of record is notified of the final decision or order as required by sec.21.40(d). If agency action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date the party or the attorney of record is notified of the final decision or order required by sec.21.40(d). The commissioner may, by written order, extend the period of time for filing motions for rehearing and replies and for agency action on a motion for rehearing except that an extension may not extend the period for agency action beyond 90 days after the date that the parties of record are notified of the commissioner's order as required by subsection (a) of this section. In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order or in the absence of a fixed date, 90 days after the date the party or his attorney of record is notified of the final decision or order as required by sec.21.40. sec.21.47. Ex Parte Communications. Unless otherwise authorized by law, a hearing examiner in a contested case may not communicate, directly or indirectly, with any agency, person, party, or its representative regarding any issue of fact or law relating to such case, except on notice and opportunity for all parties to participate. Pursuant to the authority provided in the Administrative Procedure and Texas Register Act (APTRA), sec.14(q), however, the commissioner, chief clerk, or an employee of the General Land Office who is assigned to render a decision or to make findings of fact and conclusions of law in a contested case may communicate ex parte with employees of the General Land Office who have not participated in any way in preparation for or as a participant or witness in such contested case in order to utilize the special skills of the agency and its staff in evaluating the evidence. sec.21.48. Subpoena. (a) The issuance of subpoenas in any proceeding shall be governed by the Administrative Procedure and Texas Register Act (APTRA), sec.14. The General Land Office may issue subpoenas addressed to any sheriff or constable to require the attendance of witnesses and the production of books, records, papers, or other objects as may be necessary and proper for the purposes of a proceeding. A subpoena may be issued by the commissioner, the chief clerk, or during the course of a hearing, by a hearing examiner. (b) Motions for subpoenas to compel the production of books, records, papers, or other objects shall be addressed to the hearing examiner, shall be verified, and shall specify as specifically as possible the books, records, papers, or other objects desired. (c) Subpoenas shall be issued only after a showing of good cause and after the deposit of sufficient funds to ensure payment of expenses incident to the issuance of such subpoenas. Service of subpoenas and payment of witness fees shall be made in the manner prescribed in APTRA, sec.14. (d) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding under the authority of this section is entitled to receive: (1) mileage of $.10 a mile, or a greater amount as prescribed by agency rule, for going to, and returning from the place of the hearing or the place where the deposition is taken, if the place is more than 25 miles from the person's place of residence; and (2) a fee of $10 a day, or a greater amount as prescribed by agency rule, for each day or part of a day the person is necessarily present as a witness or deponent. (e) Mileage and fees to which a witness is entitled under this section shall be paid by the party or agency at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the agency. 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 August 14, 1991. TRD-9109725 Garry Mauro Chairman General Land Office Effective date: September 4, 1991 Proposal publication date: May 21, 1991 For further information, please call: (512) 463-5394 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. Texas Alcoholic Beverage Commission Tuesday, August 27, 1991, 2 p.m. The Texas Alcoholic Beverage Commission will meet at 5806 Mesa, Room 180, Austin. According to the complete agenda, the commission will approve minutes of July 22, 1991, meeting; hear administrator's and staffs' report of agency activity; and approve affidavit of destruction of tested alcoholic beverages. Contact: Jeannene Fox, P.O. Box 13127, Austin, Texas 78711, (512) 458-2500. Filed: August 13, 1991, 1:07 p.m. TRD-9109674 Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons Wednesday, August 21, 1991, 9 a.m. Budget Subcommittee of the Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons will meet at the Texas Industries for the Blind and Handicapped, Inc., Suite 302, 300 Highland Mall Boulevard, Austin. According to the agenda summary, the subcommittee will call the meeting to order; introduction of subcommittee members and guests; overview of FY 1991 budget and program goals for Texas Industries for the Blind and Handicapped (TIBH); report on work centers' response to ideas about the state use program for FY 1992; overview of FY 1992 budget and proposed program goals for TIBH; meet in executive session pursuant to Article 6252-17, sec.2(e), 2(g), and 2(r), Vernon's Annotated Civil Statutes to discuss personnel matters; discussion and recommendations regarding FY 1992 budget and proposed program goals and commission rates for TIBH; discussion and recommendations regarding the annual letter of agreement between the Texas Committee and TIBH; and adjournment. Contact: Michael T. Phillips, P.O. Box 12866, Austin, Texas 78711, (512) 459-2604. Filed: August 13, 1991, 2:50 p.m. TRD-9109691 Bond Review Board Thursday, August 22, 1991, 10 a.m. The Bond Review Board will meet at the Sergeant's Committee Room, State Capitol, Austin. According to the agenda summary, the board will call the meeting to order; discuss 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: August 14, 1991, 12:57 p.m. TRD-9109741 Texas State Board of Dental Examiners Friday, August 23, 1991, 9:30 a.m. The Texas State Board of Dental Examiners will meet at the Baylor College of Dentistry, 3302 Gaston Avenue, Dallas. According to the complete revised agenda, the board will have an appearance before the board-Dr. Nelson Wong. Contact: C. Thomas Camp, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. Filed: August 15, 1991, 8:57 a.m. TRD-9109781 Saturday, August 24, 1991, 6 p.m. The Texas State Board of Dental Examiners will meet at the Baylor College of Dentistry, 3302 Gaston Avenue, Dallas. According to the agenda summary, the board will plan future board meetings; consideration of dues payments for association memberships; board orders to be approved; consideration of nitrous oxide monitoring examination results; discussion of remedial training; consideration of proposed HIV/AIDS symposium budget; consideration and adoption of emergency rules; and hear legislative report. Contact: C. Thomas Camp, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985. Filed: August 13, 1991, 10:26 a.m. TRD-9109667 Texas Education Agency Wednesday, August 21, 1991, 10 a.m. The Policy Committee on Public Education Information of the Texas Education Agency will meet at the Employees Retirement Building; 18th and Brazos Streets, Room 100, Austin. According to the complete agenda, the committee will conduct a meeting to review public education information needs and the capacity of the current agency system (Public Education Information Management System) to meet those needs. The proceedings of the meeting will include development of short-term and long-term action plans with recommendations to the TEA and the commissioner of education for possible modification of the current system to best meet the information needs of the legislative and executive branches of state government, the TEA, the local school districts, the regional education service centers, and other users of the system. Contact: Bill Hamilton, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9703. Filed: August 13, 1991, 5:11 p.m. TRD-9109710 Monday, September 9, 1991, 10 a.m. The Policy Committee on Public Education Information of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee will conduct a meeting to review public education information needs and the capacity of the current agency system (Public Education Information Management System) to meet those needs. The proceedings of the meeting will include development of short-term and long-term action plans with recommendations to the TEA and the commissioner of education for possible modification of the current system to best meet the information needs of the legislative and executive branches of state government, the TEA, the local school districts, the regional education service centers, and other users of the system. Contact: Bill Hamilton, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9703. Filed: August 13, 1991, 5:11 p.m. TRD-9109711 Monday, September 23, 1991, 10 a.m. The Policy Committee on Public Education Information of the Texas Education Agency will meet at the Employees Retirement Building, 18th and Brazos Streets, Room 100, Austin. According to the complete agenda, the committee will conduct a meeting to review public education information needs and the capacity of the current agency system (Public Education Information Management System) to meet those needs. The proceedings of the meeting will include development of short-term and long-term action plans with recommendations to the TEA and the commissioner of education for possible modification of the current system to best meet the information needs of the legislative and executive branches of state government, the TEA, the local school districts, the regional education service centers, and other users of the system. Contact: Bill Hamilton, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9703. Filed: August 13, 1991, 5:11 p.m. TRD-9109712 Monday, October 7, 1991, 10 a.m. The Policy Committee on Public Education Information of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee will conduct a meeting to review public education information needs and the capacity of the current agency system (Public Education Information Management System) to meet those needs. The proceedings of the meeting will include development of short-term and long-term action plans with recommendations to the TEA and the commissioner of education for possible modification of the current system to best meet the information needs of the legislative and executive branches of state government, the TEA, the local school districts, the regional education service centers, and other users of the system. Contact: Bill Hamilton, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9703. Filed: August 13, 1991, 5:11 p.m. TRD-9109713 Texas Employment Commission Wednesday, August 14, 1991, 3 p.m. The Texas Employment Commission held an emergency meeting at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the complete agenda, the commission met in executive session to discuss Tom Cuellar, individually and on behalf on all others who are adversely affected and similarly situated versus Texas Employment Commission; James J. Kaster, in his official capacity as chairperson of the Texas Employment Commission; Mary Scott Nabers, in her official capacity as Commissioner of the Texas Employment Commission; Charles E. Haddock, in his official capacity as commissioner of the Texas Employment Commission; and Larco Leasing; Cause Number 17651, in the 63rd Judicial District Court of Val Verde County; settlement offer in pending litigation; and actions, if any, resulting from executive session. The emergency status was necessary due to the need to consider settlement offer in pending litigation; lawsuit was set for trial August 23, 1991; due to a reasonably unforeseeable situation today was the only time full commission was available for consideration before trial. Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291. Filed: August 14, 1991, 2:15 p.m. TRD-9109739 Texas Funeral Service Commission Thursday, September 5, 1991, 9 a.m. The Texas Funeral Service Commission will meet at the Sheraton Mockingbird Hotel, 1893 Mockingbird Lane, Dallas. According to the agenda summary, the commission will approve minutes; introduction of Commissioner Ted Karpf; consider public comment period; executive director's report; consideration of proposed fee changes; consideration of legislative changes; discussion of proposed administrative penalties; consideration cases recommended be closed; and election of officers. Contact: Larry A. Farrow, 8100 Cameron Road, Building B, Suite 550, Austin, Texas 78753, (512) 834-9992. Filed: August 14, 1991, 10:44 a.m. TRD-9109729 Texas Department of Health Thursday, September 12, 1991, 10 a.m. The Home Health Services Advisory Council of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room M-117, Austin. According to the complete agenda, the council will discuss approval of minutes of last meeting; elect officers; discuss and vote on approval of home health medication aide curriculum; and hear announcements and discussion not requiring council action. Contact: Nance Kerrigan, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7245. Filed: August 13, 1991, 4:03 p.m. TRD-9109694 Friday, September 13, 1991, 10 a.m. The Dental Technical Advisory Committee of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room M-418, Austin. According to the complete agenda, the committee will discuss approval of minutes of previous meeting; consider and possibly act on report of Chief, Bureau of Dental and Chronic Disease prevention; legislation; regional dental directors' reports on regional activities and planning; fluoridation activity; education program; year 2000 goals; statewide periodontal survey; fee-for-services reimbursement levels and service allowables; early periodic screening dental treatment; county indigent funds for dental services; long term care ad hoc committee report; future article needs for Texas Dental Association Journal; and elect chair and vice-chair. Contact: N. L. King, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7323. Filed: August 13, 1991, 4:04 p.m. TRD-9109696 Texas Statewide Health Coordinating Council Monday, August 26, 1991, 11 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; presentation on the year 2000 objectives; Department of Health restructuring status; development of 1993-1994 State Health Plan (review of vision statement and comments from interested parties). Contact: Don Kretsinger, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7261. Filed: August 13, 1991, 4:03 p.m. TRD-9109695 Texas High-Speed Rail Authority Wednesday, August 21, 1991, 10:30 a.m. The Texas High-Speed Rail Authority will hold a teleconference public board meeting at 823 Congress Avenue, Suite 1502, Reception Area for Listening Area, Austin. According to the agenda summary, the board will approve minutes; hear budget report; and budget resolution. Contact: Allan Rutter, 823 Congress Avenue, Suite 1503, Austin, Texas 78701, (512) 478-5484. Filed: August 13, 1991, 3:25 p.m. TRD-9109692 Texas Department of Human Services Wednesday, August 28, 1991, 9:30 a.m. The Physician Payment Advisory Committee of the Texas Department of Human Services will meet at the Texas Department of Health, 1100 West 49th Street, Room T-607, Austin. According to the complete agenda, the committee will hear opening comments; deputy commissioner's comments; approval of previous meetings minutes; unaddressed services revisited; proposed Texas Medicaid fees-simulation discussion; open discussion; plan next meeting; and adjourn. Contact: Carolyn Howell, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3053. Filed: August 15, 1991, 9:46 a.m. TRD-9109787 State Board of Insurance Wednesday, August 14, 1991, 8:30 a.m. The State Board of Insurance met at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete emergency revised agenda, the board considered approval of two assumption certificates by CUMIS Mutual Insurance Society Inc., of business firms from the Members Mutual Insurance Company and Members Insurance Company. The emergency status was necessary as it would be to the detriment of a large number of Texas policyholders for the board not to take action at the earliest possible date. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 13, 1991, 4:39 p.m. TRD-9109703 Wednesday, August 14, 1991, 8:30 a.m. The State Board of Insurance met at the William P. Hobby Building, 333 Guadalupe Street, Austin. According to the complete emergency revised agenda, the board discussed proposed new 28 TAC sec.5.204, concerning standard proof of liability insurance form to be issued by each vehicle liability insurer to each policyholder. The emergency status was necessary to provide discussion among board members and staff concerning requirements under recent House Bill Two for actions and use effective September 1, 1991, by insurers and insureds with proof of liability insurance. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 13, 1991, 4:39 p.m. TRD-9109704 Wednesday, August 21, 1991, 8:30 a.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the agenda summary, the board will discuss pending board orders on several different subjects; personnel; litigation; commissioner's orders; and solvency. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 13, 1991, 4:46 p.m. TRD-9109709 Wednesday, August 21, 1991, 1:30 p.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the agenda summary, the board will consider and review exemption from participation in the Texas Workers' Compensation Assigned Risk Pool for Highlands Casualty Company; British American Insurance Company; Sunbelt Insurance Company; Petroleum Casualty Company; First Employees Insurance Company; Financial Casualty and Surety, Inc.; Montfort Insurance Company; and Bell Indemnity Company; consider emergency adoption and authorize publication of proposed new 28 TAC s5.204 concerning standard proof of liability form; consider approval of SBI publication as a guide to evidence of financial responsibility under the Texas Motor Vehicle-Safety Responsibility Act; discuss personnel; and litigation. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 13, 1991, 4:43 p.m. TRD-9109708 Wednesday, August 21, 1991, 3:30 p.m. The State Board of Insurance will meet at 333 Guadalupe Street, Tower One, 12th Floor Commissioner's Conference Room, Austin. According to the complete agenda, the board will meet with various representatives of consumer entities to discuss inter-agency and inter-group cooperation to make insurance better for consumers. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 13, 1991, 4:42 p.m. TRD-9109707 Friday, August 23, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of Combined Management Services, Inc., a Texas corporation, to acquire control of Commodore County Mutual Insurance Company, Dallas, pursuant to the provisions of Texas Insurance Code, Article 21. 49-1 sec.5; and, the reduction in the surplus floor of an $8,000,000 surplus debenture issued by Commodore County Mutual Insurance Company to Beta Financial Corporation, a Texas corporation, pursuant to the provisions of Texas Insurance Code, Article 21.49-1 sec.4. Docket Number 11275. Contact: Wendy L. Ingham, 333 Guadalupe Street, Austin, Texas 78701, (512) 475-2983. Filed: August 14, 1991, 4:24 p.m. TRD-9109777 Texas Department of Licensing and Regulation Thursday, August 22, 1991, 11 a.m. (rescheduled from June 27). The Business and Occupational Programs, Talent Agencies of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Phoenix Texas Publishing, Inc., doing business as Faces International for violation of Statutes, Articles 5221a-9 and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 13, 1991, 3:34 p.m. TRD-9109693 Texas State Board of Medical Examiners Friday, August 16, 1991, 9 a.m. The Hearings Division of the Texas State Board of Medical Examiners held an emergency meeting at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee considered requests for modification and termination of probations; other items included probationary appearances; and met in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 3.05(d), 4.05(d), 5.06(s) (1) and Opinion of Attorney General 1974, Number H-484. The emergency status was necessary as information had come to the attention of the board and merited prompt consideration. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:05 p.m. TRD-9109765 Thursday, August 22, 1991, 1 p.m. The Reciprocity Committee of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee will review and discuss analysis of June 1991 SPEX examination; reciprocal endorsement applicants to be considered for permanent licensure at August 1991 board meeting; and review of reciprocal endorsement applicants; and meet in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 3.05(d), 4.05(d), 5.06(s)(1) and Opinion of Attorney General 1974, Number H-484. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:08 p.m. TRD-9109769 Thursday, August 22, 1991, 1 p.m. The Disciplinary Process Review Committee of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee will approve minutes from June meeting; discuss June and July 1991 Enforcement Reports; discuss scheduling of DRC for review of multiple liability files; review files; and meet in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 4.05(d), 5.06(s)(1), and Opinion of Attorney General 1974, Number H-484. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:34 p.m. TRD-9109778 Thursday, August 22, 1991, 1 p.m. The Examination Committee of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee will review examination applicant; review the June 1991 FLEX/Jurisprudence examination results; review examination applicants complete for consideration of licensure; and meet in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 3.05(d), 4.05(d), 5.06(s)(1) and Opinion of Attorney General 1974, Number H-484. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:07 p.m. TRD-9109768 Thursday, August 22, 4 p.m., Friday-Saturday, August 23-24, 1991, 8 a.m. The Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the board will hold licensure hearings; probationary appearances; hear request for modification of probation; request for termination of probation; request for termination of suspension; request for reinstatement; reconsideration of proposal for decision; proposals for decisions; proposed settlement; approval of agreed orders; minutes; duplicate licenses; discussion of National Board Examination and USMLE examination; discussion of preceptorships; hear director's report to include budget, licensure, computer, new space, enforcement, report on legislative session, and remedial courses; meet in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 4.05(d), 5.06(s)(1), and Opinion of Attorney General 1974, Number H-484. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:05 p.m. TRD-9109767 Friday, August 23, 1991, 8 a.m. The Medical School Committee of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee will consider requests for approval of fellowship programs; and discuss visits to medical schools. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:05 p.m. TRD-9109766 Friday, August 23, 1991, 8 a.m. The Standing Orders Committee of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee will consider a request for waiver of rule regarding supervision of nurse practitioners; and meet in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 4.05(d), 5.06(s)(1), and Opinion of Attorney General 1974, Number H-484. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:10 p.m. TRD-9109771 Friday, August 23, 1991, 8:30 a.m. The Finance Committee of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee will review financial statements and budget; and also discuss fee increase. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:09 p.m. TRD-9109770 Monday, September 16, 1991, 11 a.m. The Hearings Division of the Texas State Board of Medical Examiners will meet at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the committee will consider a request for termination of probation; and meet in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 4.05(d), 5.06(s) (1), and Opinion of Attorney General 1974, Number H-484. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 14, 1991, 4:11 p.m. TRD-9109772 Public Utility Commission of Texas Monday, October 14, 1991, 1:30 p.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 10513-application of Brazos Electric Power Cooperative, Inc. to change its fuel cost factor. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 14, 1991, 2:34 p.m. TRD-9109753 Thursday, November 14, 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 10374-petition of the Office of Public Utility counsel for inquiry into the reasonableness of the submetering rates charged by Red Bird Mobile Home Park, et al. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 14, 1991, 2:35 p.m. TRD-9101756 Tuesday, November 26, 1991, 9 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a final prehearing conference in Docket Number 10076-application of Southwestern Bell Telephone Company for approval of a customer specific contract for billing and collections services for MCI. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 14, 1991, 2:34 p.m. TRD-9109754 Monday, December 2, 1991, 10 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a hearing on the merits in Docket Number 10076-application of Southwestern Bell Telephone Company for approval of a customer-specific contract for billing and collections services for MCI. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 14, 1991, 2:35 p.m. TRD-9109755 Wednesday, January 15, 1992, 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 prehearing conference in Docket Number 9960-Southwestern Bell Telephone Company notice of intent and application pursuant to Substantive Rule 23.27 requesting the service market for central office-based PBX/type service from the 75 to 200 station line size be declared subject to significant competition. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 14, 1991, 2:33 p.m. TRD-9109752 Tuesday, January 21, 1992, 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 9960-Southwestern Bell Telephone Company notice of intent and application pursuant to Substantive Rule 23.27 requesting the service market for central office-based PBX/type service from the 75 to 200 station line size be declared subject to significant competition. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 14, 1991, 2:32 p.m. TRD-9109751 Texas National Research Laboratory Commission Wednesday, August 21, 1991, 10 a.m. The Finance Committee of the Texas National Research Laboratory Commission will meet at the Odessa Country Club, Executive Board Room, 7184 Bankhead Highway, Odessa. According to the agenda summary, the committee will take roll call of members; hear chairman's report-Peter O'Donnell, Jr.; discussion and recommendations regarding finance committee charter, internal audit function, and expenditure authority; sale of revenue bonds; reports from financial advisory and bond counsel; discussion and recommendations regarding the formation and establishment of a financing corporation for the issue and management of revenue bonds; and hear a staff report-Robert P. Carpenter (financial statements, GO Bond Obligation, Trust Fund, FY 1992 budget). Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800. Filed: August 13, 1991, 4:30 p.m. TRD-9109701 Wednesday, August 21, 1991, 10:30 a.m. The Site Acquisition and Development Committee of the Texas National Research Laboratory Commission will meet at the Odessa Country Club, Main Ballroom, Southeast Partition, 7184 Bankhead Highway, Odessa. According to the agenda summary, the committee will take roll call of members; hear special report by Ray Stoker, Texas Highway Commission Chairman; chairman's report by Charles R. Perry; approval of July 17, 1991 minutes; resolution to amend minutes of February 20, 1991 committee meeting; hear staff reports: Phil Stafford-engineering agreement with TRA, leasing agreement with Buena Vista; renewal of interagency agreement with Attorney General's office; John Slonaker-eminent domain/condemnation; hear public comment; and adjourn. Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800. Filed: August 13, 1991, 4:29 p.m. TRD-9109700 Wednesday, August 21, 1991, 1:30 p.m. The Texas National Research Laboratory Commission will meet at the Midland City Council Chambers, 300 North Loraine Street, Midland. According to the agenda summary, the commission will take roll call of members; introduce host and special guests; hear special reports-Congressman Larry Combest and Ray Stoker, Highway Commission Chairman; her public comment; meet in executive session to discuss land acquisition and real estate valuation; hear vice chairman's report-Martha Smiley; executive director's report-Edward C. Bingler; general counsel's report-Michael J. Shearn; committee reports: finance, government affairs, personnel, site acquisition and development; hear public comment; and adjourn. Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800. Filed: August 13, 1991, 4:27 p.m. TRD-9109699 Board of Tax Professional Examiners Friday, September 6, 1991, 10:30 a.m. The Board of Tax Professional Examiners will meet at the State Property Tax Board Building, 4301 Westbank Drive, Austin. According to the agenda summary, the board will take roll call; notice and quorum; recognition of board members; approval of the minutes of June 7, 1991; action items are certification and recertification; recommendation complaint committee; consideration proposed rules; section 628; approval text for elective and CEU credit; exam procedures; release of exam scores; course failures; discontinue audit credit; approval/revision 1992 budget; approval/revision interagency contract for 1992; discuss legislation relating to board organization, operations and budget; effect of County Education Districts on registration, certification and enforcement; non-qualification due to disability; information items are report on TAAO Conference; publication of course 270; legislation on fee appraisers and tax representatives; comptroller organization as regards property tax related functions; planning calendar; board members attendance at Attorney General's Conference; plan next board meeting; meet in executive session on staff evaluation; and reconvene in open meeting to discuss results of executive session. Contact: Sam H. Smith, 4301 Westbank Drive, Austin, Texas 78746, (512) 329-7981. Filed: August 15, 1991, 9:01 a.m. TRD-9109782 Texas State Treasury Department Wednesday, August 21, 1991, 4:30 p.m. The Cash Management Committee of the Texas State Treasury Department will hold an emergency meeting at the Lieutenant Governor's Committee Room, Second Floor, Texas State Capitol, Austin. According to the complete agenda, the committee will approve a resolution authorizing the issuance and the amount of tax and revenue anticipation notes sufficient to meet the anticipated general revenue cash flow shortfall forecast, and to approve the method of sale, all pursuant to Texas Government Code Annotated sec.404.124. The emergency status is necessary as the date of the meeting was contingent on the Legislature's passage of an appropriations bill and a tax bill which did not occur until after the close of business on August 13, 1991. Contact: Anne L. Schwartz, P.O. Box 12608, Austin, Texas 78711, (512) 463-5971. Filed: August 14, 1991, 9:36 a.m. TRD-9109723 University of Houston Monday, August 19, 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 will discuss and/or act upon the following: approval of July minutes; renewal protocols; institutional plan for non-human primates; institutional plan for dogs; revision of OHP; and review of application forms. Contact: Julie T. Norris, 4800 Calhoun Boulevard, Houston, Texas 77204, (713) 749-3412. Filed: August 13, 1991, 10:30 a.m. TRD-9109669 University of Texas System, M. D. Anderson Cancer Center Tuesday, August 20, 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: August 14, 1991, 1:27 p.m. TRD-9109742 Texas Water Commission Wednesday, August 14, 1991, 9 a.m. The Texas Water Commission met at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the emergency revised agenda summary, the commission considered various matters within the regulatory jurisdiction of the commission. In addition, the commission considered 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 have taken various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. The emergency status was necessary due to reasonably unforeseeable situations requiring immediate action by the commission. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: August 13, 1991, 4:23 p.m. TRD-9109697 Tuesday, September 17, 1991, 10 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at Stephen F. Austin Building, 1700 North Congress Avenue, Room 1030, Austin. According to the agenda summary, the commission will hold a public hearing on assessment of administrative penalties against Aqua Management, Inc. Contact: Mary Sahs, Pat Wood, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 14, 1991, 4:15 p.m. TRD-9109776 Thursday, September 19, 1991, 10 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1149A, Austin. According to the agenda summary, the commission will hold a public hearing concerning the assessment of administrative penalties against the City of Bridgeport for violation of the terms of the wastewater discharge regulated under Permit Number 10389-02. Contact: Heidi Jackson, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 14, 1991, 4:15 p.m. TRD-91091775 Thursday, September 26, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 618, Austin. According to the agenda summary, the commission will consider a petition for creation of Kings Manor Municipal Utility District. Contact: Peggy Maxwell, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: August 13, 1991, 4:24 p.m. TRD-9109698 Monday, October 14, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1030, Austin. According to the agenda summary, the commission will hold a hearing on an application for a water certificate of convenience and necessity to provide water utility service in Walker County, Docket 9123-C. Contact: Joe O'Neal, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 14, 1991, 4:14 p.m. TRD-9109773 Texas Water Development Board Thursday, August 15, 1991, 9 a.m. The Texas Water Development Board met at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the emergency revised agenda summary, the board considered requesting a future payment from Texas Water Resources Finance Authority under the terms of their sales and servicing agreement. The emergency status was necessary as the legislature just passed a rider to the board's appropriations that would allow utilization of Texas Water Resources Finance Authority payments to the board for operating expenses. Immediate action was necessary to allow timely transfer of funds. Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: August 14, 1991, 3:47 p.m. TRD-9109763 Thursday, August 15, 1991, 10:15 a.m. The Texas Water Development Board held an emergency meeting at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the complete agenda, the board discussed limitations on the authority of the executive administrator to negotiate financial terms and conditions for a water and sewer project in the Cameron Park colonia. The emergency status was necessary as public health conditions in the Cameron Park colonia necessitated immediate direction to encourage potential financing for water and sewer service. Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: August 15, 1991, 8:01 a.m. TRD-9109780 Texas Water Resources Finance Authority Thursday, August 15, 1991, 9 a.m. The Texas Water Resources Finance Authority held an emergency meeting at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the complete agenda, the authority considered taking necessary steps to make future payments to the Texas Water Development Board under the terms of their sales and servicing agreement. The emergency status was necessary as the legislature just passed a rider to the board's appropriations that would allow utilization of Texas Water Resources Finance Authority payments to the board for operating expenses. Immediate action was necessary to allow timely transfer of funds. Contact: Craig Pedersen, P.O. Box 13231, Austin, Texas 78711, (512) 463-7847. Filed: August 14, 1991, 3:47 p.m. TRD-9109764 Texas Workers' Compensation Insurance Facility Monday, August 19, 1991, 9 a.m. The Governing Committee of the Texas Workers' Compensation Insurance Facility held an emergency meeting at the Stouffer Austin Hotel, 9721 Arboretum Boulevard, Austin. According to the complete agenda, the committee will discuss approval of minutes; hear report from appeals committee; presentation of 1990 audited financial statement; declaration of 1990 deficit; report from Ad Hoc Rating Committee; report on implementation of Governing Committee recommendations from July meeting; request for reimbursement of servicing carriers; appointment of selection committee to choose consultants to perform claims audit; reimbursement of servicing carriers for facility-generated portion of guaranty fund assessments; report on uncollectible past assessments; heard report on status of IRS appeal; report on collection activities; and met in executive session. The emergency status was necessary as receipt of audited financial statement created an unforeseen situation requiring immediate action by the Governing Committee of the Texas Workers' Compensation Insurance Facility. Contact: Miles L. Mathews, 8303 MoPac Expressway, Suite 310, Austin, Texas 78759, (512) 345-1222. Filed: August 13, 1991, 12:01 p.m. TRD-9109670 Regional Meetings Meetings Filed August 13, 1991 The Austin-Travis County Mental Health and Mental Retardation Center Executive Committee held an emergency meeting at 1430 Collier Street, Board Room, Austin, August 14, 1991, at noon. The emergency status was necessary as the regularly scheduled August meeting canceled and decisions have to be made before September meeting and the only time a quorum could meet. Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764-3548, (512) 447-4141. TRD-9109683. The Austin-Travis County Mental Health and Mental Retardation Center Finance and Control Committee met at 1430 Collier Street, Austin, August 14, 1991, at 1 p.m. (rescheduled from August 14, 1991, at noon). Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764-3548, (512) 447-4141. TRD-9109705. The Austin-Travis County Mental Health and Mental Retardation Center Executive Committee met at 1430 Collier Street, Austin, August 14, 1991, at 1 p.m. (rescheduled from August 14, 1991, at noon). Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764-3548, (512) 447-4141. TRD-9109706. The Bexar Appraisal District Board of Directors met at 535 South Main Street, San Antonio, August 19, 1991, at 5 p.m. Information may be obtained from B. Houston, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9109685. The Central Appraisal District of Taylor County Appraisal Review Board will meet at 1534 South Treadaway Street, Abilene, August 29, 1991, at 1: 30 p.m. Information may be obtained from Richard Petree, P.O. Box 1800, Abilene, Texas 79604, (915) 676-9381. TRD-9109671. Meetings Filed August 14, 1991 The Bexar-Medina-Atascosa Counties Water Control Improvement District Number One Board of Directors met at the District Office, Highway 81, Natalia, August 19, 1991, at 9 a.m. Information may be obtained from C. A. Mueller, P.O. Box 170, Natalia, Texas 78059, (512) 663-2132. TRD-9109747. The Central Counties Center for Mental Health and Mental Retardation Services Board of Trustees will meet at 304 South 22nd Street, Temple, August 20, 1991, at 7:45 p.m. Information may be obtained from Michael Muegge, 304 South 22nd Street, Temple, Texas 76501, (817) 778-4841. TRD-9109714. The Colorado River Municipal Water District Board of Directors will meet at 400 East 24th Street, Big Spring, August 20, 1991, at 4 p.m. Information may be obtained from O. H. Ivie, P.O. Box 869, Big Spring, Texas 79721, (915) 267-6341. TRD-9109761. The Colorado River Municipal Water District Board of Directors will meet at 400 East 24th Street, Big Spring, August 20, 1991, at 4 p.m. (revised agenda). Information may be obtained from O. H. Ivie, P.O. Box 869, Big Spring, Texas 79721, (915) 267-6341. TRD-9109743. The Comal Appraisal District Appraisal Review Board will meet at 430 West Mill Street, New Braunfels, August 20, 1991, at 9 a.m. Information may be obtained from Lynn Rodger, P.O. Box 311222, New Braunfels, Texas 78131-1222, (512) 625-8597. TRD-9109745. The County Education District Board of Trustees met at the GISD Administration Building, 600 West Pearl Street, Granbury, August 16, 1991, at 7: 30 p.m. Information may be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas 76048, (817) 573-2471. TRD-9109673. The County Education District Number 11 Board of Trustees met at the Snyder ISD Administration Building, 2901 37th Street, Snyder, August 19, 1991, at 7 p.m. Information may be obtained from L. R. Peveler, 2612 College Avenue, Snyder, Texas 79549, (915) 573-8549. TRD-9109744. The Education Service Center, Region XI Board of Directors will meet at the Education Service Center, Region XI, 3001 North Freeway, Fort Worth, August 27, 1991, at noon. Information may be obtained from R.P. Campbell, Jr., 3001 North Freeway, Fort Worth, Texas 76106, (817) 625-5311. TRD-9109716. The Edwards County Appraisal District Appraisal Review Board will meet at the New County Annex Building, Rocksprings, September 12, 1991, at 9:30 a.m. Information may be obtained from Natalie Goggans, P.O. Box 378, Rocksprings, Texas 78880, (512) 683-4189. TRD-9109731. The Education Service Center, Region XII Board of Directors will meet at the ESC, Region XIII, Room 205, 5701 Springdale Road, Austin, August 20, 1991, at noon. Information may be obtained from Dr. Joe Parks, 5701 Springdale Road, Austin, Texas 78723, (512) 929-1300. TRD-9109748. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2401 Houston Highway, Victoria, August 19, 1991, at 6 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872. TRD-9109759. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2401 Houston Highway, Victoria, August 19, 1991, at 7 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872. TRD-9109758. The Golden Crescent Service Delivery Area Private Industry Council, Inc. met at 2401 Houston Highway, Victoria, August 21, 1991, at 6:30 p.m. Information may be obtained from Sandy Heiermann, 2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872. TRD-9109760. The Gray County Appraisal District Appraisal Review Board met at 815 North Sumner Street, Pampa, August 16, 1991, at 9 a.m. Information may be obtained from W. Pat Bagley, P.O. Box 836, Pampa, Texas 79066-0836, (806) 665-0791. TRD-9109702. The Guadalupe-Blanco River Authority Board of Directors will meet at the Authority's Offices, 933 East Court Street, Sequin, August 22, 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-9109715. The Harris County Appraisal District Board of Directors will meet at 2800 North Loop West, Eighth Floor, Houston, August 21, 1991, at 9:30 a.m. Information may be obtained from Margie Hilliard, P.O. Box 920975, Houston, Texas, 77292-0975, (713) 957-5291. TRD-9109757. The Hood County Appraisal District Board of Directors will meet at 1902 West Pearl Street, District Office, Granbury, August 20, 1991, at 7:30 p.m. Information may be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas 76048, (817) 573-2471. TRD-9109672. The Houston-Galveston Area Council Projects Review Committee will meet at 3555 Timmons Lane, Fourth Floor, Board of Directors Conference Room, Houston, August 20, 1991, at 9 a.m. Information may be obtained from Rowena Ballas, 3555 Timmons Lane, Houston, Texas 77027, (713) 627-3200. TRD-9109733. The Houston-Galveston Area Council Board of Directors will meet at 3555 Timmons Lane, Fourth Floor Conference Room, Houston, August 20, 1991, at 10 a.m. Information may be obtained from Marjorie Baker, P.O. Box 22777, Houston, Texas 77227, (713) 627-3200. TRD-9109732. The Kendall County Appraisal District Board of Directors will meet at 207 East San Antonio Street, Boerne, August 22, 1991, at 5 p.m. Information may be obtained from Alton Pfieffer, P.O. Box 788, Boerne, Texas 78006, (512) 249-8012. TRD-9109746. The Lamar County Appraisal District will meet at the Lamar County Appraisal District Office, 521 Bonham, August 20, 1991, at 5 p.m. Information may be obtained from Joe Welch, 521 Bonham Street, Paris, Texas 75460, (214) 785-7822. TRD-9109737. The Liberty County Central Appraisal District Board of Directors will meet at 315 Main Street, Liberty, August 28, 1991, at 9:30 a.m. Information may be obtained from Sherry Greak, P.O. Box 10016, Liberty, Texas 77575, (409) 336-5722. TRD-9109762. The Middle Rio Grande Development Council Private Industry Council will meet at the Housing Authority Meeting Room, Cotulla, August 21, 1991, at 1 p.m. Information may be obtained from Ramon S. Johnston, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9109717. The Region 12 Education Service Center Regional Advisory Committee and Board of Directors will meet at the HOTCOG Board Room, 300 Franklin Avenue, Waco, August 22, 1991, at 1:30 p.m. Information may be obtained from Harry J. Beavers, P.O. Box 1249, Waco, Texas 76708-1249 (817) 756-7494. TRD-9109740. The Trinity River Authority of Texas Legal Committee met at 5300 South Collins Street, Arlington, August 19, 1991, at 10:30 a.m. Information may be obtained from J. Sam Scott, P.O. Box 60, Arlington, Texas 76004-0060, (817) 467-4343. TRD-9109668. The Trinity River Authority of Texas Administration Committee will meet at 5300 South Collins Street, Arlington, August 20, 1991, at 1 p.m. Information may be obtained from J. Sam Scott, P.O. Box 60, Arlington, Texas 76004, (817) 467-4343. TRD-9109734. The Trinity River Authority of Texas Resources Development Committee will meet at 5300 South Collins Street, Arlington, August 20, 1991, at 11 a.m. Information may be obtained from J. Sam Scott, P.O. Box 60, Arlington, Texas 76004, (817) 467-4343. TRD-9109735. Meetings Filed August 15, 1991 The Hale County Appraisal District Board of Directors will meet at 302 West Eighth Street, Plainview, August 22, 1991, at 7:30 p.m. Information may be obtained from Linda Jaynes, P.O. Box 29, Plainview, Texas 79072, (806) 293-4226. TRD-9109783. The Lower Rio Grande Valley Development Council Board of Directors will meet at the Harlingen Chamber of Commerce, 311 East Tyler Street, Harlingen, August 22, 1991, at 1:30 p.m. Information may be obtained from Kenneth N. Jones, Jr., 4900 North 23rd Street, McAllen, Texas 78504, (512) 682-3481. TRD-9109785. The Panhandle Regional Planning Commission Board of Directors will meet at 2736 West Tenth Street, PRPC Board Room, Amarillo, August 22, 1991, at 1: 30 p.m. Information may be obtained from Rebecca Rusk, P.O. Box 9257, Amarillo, Texas 79105-9257, (806) 372-3381. TRD-9109788. The Region VII Education Service Center Board of Directors will meet at the Community Inn, Highway 259, Kilgore Room, Kilgore, August 22, 1991, at 7 p.m. Information may be obtained from Don J. Peters, 818 East Main Street, Kilgore, Texas 75662, (903) 984-3071. TRD-9109786. The San Antonio River Authority Board of Directors will meet at the SARA General Office, 100 East Guenther Street, San Antonio, August 21, 1991, at 2 p.m. Information may be obtained from Fred N. Pfeiffer, P.O. Box 830027, San Antonio, Texas 78283-0027, (512) 227-1373. TRD-9109784. ISSUE OFAugust 20, 1991" 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 Commission on Alcohol and Drug Abuse Summary of Public Comments on the Intended Use of Federal Funds The Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, as amended) requires annual public hearings on the intended use of federal funds allocated under the alcohol, drug abuse, and mental health services block grant. Consistent with this mandate, the Texas Commission on Alcohol and Drug abuse (TCADA) and the Texas Department of Mental Health and Mental Retardation (TXMHMR) jointly held public hearings in June at the following locations: Galveston, San Antonio, Arlington, and El Paso. Testimony was heard regarding the intended use of ADM block grant funds for the 1992 federal fiscal year. TCADA administers all substance abuse funds allocated under this block grant while TXMHMR administers the mental health funds. Comments following will address the substance abuse portion of the block grant; TXMHMR will publish a summary in response to comments received concerning the mental health portion. At these hearings, a preliminary summary of the intended use of funds for federal fiscal year 1992 (beginning October 1, 1991) was provided. Public comments were solicited for use in preparation of the final plans. All written and oral comments have been considered in the preparation of the final fiscal year 1992 intended use report. A summary of the public comments follows: Most comments pertaining to alcohol and drug abuse services centered around six areas: expansion of treatment services to include counseling for addicted persons who have been victims of sexual abuse; services for women; services for persons in the criminal justice system; increased services for youth and adults; culturally relevant programs; and services for the dually diagnosed client. The first area of emphasis revolved around the prevalence of physical, emotional, and sexual abuse among chemical dependency clients. Estimates of clients affected by sexual abuse range from 50% to 90%. Generally men are less likely to admit this type of abuse; however, men are becoming more aware and more open so we should see a rise in the number of men who report being a victim of abuse. There is also a need for counselor training on sexual abuse. One witness testified that a lot of women between the ages of 18 and 25 have been sexually abused by their fathers or a male within the family structure; however, this was suppressed because they were threatened. This sexual abuse seems to be a precondition for alcohol and drug abuse; becoming involved in the use of alcohol and drugs seems to be a release for individuals who for years have been suppressing the emotions resulting from sexual abuse. This abuse, like addition, runs in the family and needs to be addressed. The second area of testimony centered on the need to increase chemical dependency services for women, especially pregnant women and women with children. One of the barriers that currently exists is the lack of child care for women entering treatment. One witness testified that women often lose federal benefits (i.e., AFDC) when they leave their households and enter residential treatment. Many times women are also afraid to enter treatment for fear of losing custody of their children. Services for women need to be expanded; there is a need for increased residential treatment for pregnant women and women with children. The criminal justice system, both for adults and juveniles, was also addressed by several witnesses. Many chemical dependency facilities have clients referred to them by the criminal justice system. One witness also reported that their program receives clients referred by the school district (examples are truancy, fighting, etc.); they are attempting to prevent these youth from ever entering the criminal justice system. According to a witness at the San Antonio hearing, approximately 70% of persons in the criminal justice system have been involved in substance abuse; we must provide treatment for these individuals to reduce the recidivism rate in Texas prisons. The need for increased services for adolescents and adults was also mentioned by many witnesses. In particular, detoxification services for adolescents in Harris County and Bexar Counties is needed; a detoxification facility for inhalant abusers is needed in North Texas; there is a need to focus on parent participation in all youth programs; and, prevention services must be expanded. While there is a need for increased services of all times for youth, many witnesses commented that services for adults must not be diminished, on the contrary, these services need to be increased. Another area consistently mentioned was the need for culturally relevant programs. One example mentioned specifically is the new DWI repeat offender program; program materials are not yet available in Spanish, as they are still in the developmental state. Services for the monolingual Spanish speaking also need to be considered; translation needs to be provided for all audiovidual and written materials. Bicultural services are needed in treatment programs that deal with multi-ethnic groups to ensure culturally appropriate services. Lastly, testimony was received on services for the dually diagnosed client. Several witnesses suggested that TCADA and TXMHMR continue to work together in addressing the particular needs of persons who have both a chemical dependency diagnosis and a mental health or mental retardation diagnosis. This summary of comments pertaining to the substance abuse portion of the ADM block grant for fiscal year 1992 is published in response to the Omnibus Budget Reconciliation Act of 1991 (Public Law 97-35, as amended) and Texas Civil Statutes, Article 6252-13e, sec.5(f). Issued in Austin, Texas, on August 6, 1991. TRD-9109684 Bob Dickson Executive Director Texas Commission on Alcohol and Drug Abuse Filed: August 13, 1991 For further information, please call: (512) 867-8700 Texas Department of Community Affairs Request for Proposals for Dependent Care Block Grant The Texas Department of Community Affairs (TDCA), administering agency for the Dependent Care Development Grant Program (DCGP), announces a request for proposals (RFP) for the planning and development of services for activities related to dependent care information/resource and referral systems and activities related to school-age child care services. RFP packets will be mailed to organizations on the DCGP RFP mailing list. Applicants whose proposals are funded will be expected to deliver services in accordance with the Human Services Reauthorization Act of 1984 (42 United States Code, sec.9871 et seq) as amended by the Human Services Reauthorization Act of 1990 (Public Law 101-501). Proposals are solicited for: the planning, development, establishment, operation, expansion, or improvement of information/resource and referral systems concerning the availability, types, costs, and locations of dependent care services; or the planning, development, establishment, operation, expansion, or improvement of programs to furnish school-age child care services before and/or after school. Proposals may be submitted for either the dependent care information/resource and referral concept or the school-age child care concept. The total funding available pursuant to this RFP is approximately $575,000. Forty percent of the funds must be used for dependent care information/resource and referral activities and 60% for school-age child care activities. TDCA plans to fund projects for the dependent care information/resource and referral concept at a maximum of $25,000 (department share) per project and school-age care concept at a maximum of $35,000 per project. Each proposal must include a 25% matching share by the applicant. The contract period will be 12 months, from November 1, 1991, to October 31, 1992. Eligible applicants for these funds include: local governments; regional councils of governments; public or nonprofit educational institutions; and private nonprofit organizations. Applicants must document their ability to accomplish the proposed services, and their legal authority and eligibility to contract with TDCA. Deadline. Proposals must be received by TDCA by 5 p.m., September 30, 1991. General Information. TDCA reserves the right to accept or reject any or all proposals submitted. TDCA is under no obligation to execute a contract on the basis of the RFP and intends this material only as a means of identifying the various contractor alternatives. TDCA intends to use responses as a basis for further negotiation of specific program details with potential contractors. If TDCA selects a contractor(s) to provide the services described in this RFP, TDCA will base its choices upon criteria including, but not limited to, the following: proposal order and content according to the RFP packet instructions; description of applicant's background and experience; analysis of needs and priorities; description of service area; proper selection of allowable activities/services; adequacy of measurable activities/units in program narrative; interagency coordination; budgeting and cost effectiveness; description of program operations and staffing responsibilities; description of applicant's reporting capabilities; applicant's coordination with public and private entities; description of evaluation method to determine planned program and client services effectiveness; and applicant's ability to support the project after TDCA funding terminates. This request does not commit TDCA to pay for any cost incurred prior to the execution of contracts, and is subject to the availability of funds from the United States Department of Health and Human Services. TDCA specifically reserves the right to vary all provisions at any time prior to the execution of a contract(s) if TDCA deems such variances to be in the best interest of the state, and to otherwise act as it determines at its sole discretion. To obtain an RFP packet or additional information regarding this notice, contact the Texas Department of Community Affairs, P.O. Box 13166, Austin, Texas 78711-3166, (512) 475-3889. If you or your organization currently is on the TDCA DCGP RFP mailing list, an RFP packet will be mailed to you. Issued in Austin, Texas, on August 14, 1991. TRD-9109726 Roger A. Coffield General Counsel Texas Department of Community Affairs Filed: August 14, 1991 For further information, please call: (512) 475-3897 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, 1.05, 1.11, and 15.02, as amended (Texas Civil Statutes, Articles 5069-1.04, 1.05, 1.11, and 15.02). [graphic] Issued in Austin, Texas, on August 12, 1991. TRD-9109688 Al Endsley Consumer Credit Commissioner Filed: August 13, 1991 For further information, please call: (512) 479-1280 On-Site Wastewater Treatment Research Council On-Site Treatment Research Request for Proposal The On-site Wastewater Treatment Research Council (Council) is extending the deadline for accepting applications regarding the On-Site Treatment Research Request for Proposal published on August 6, 1991, issue of the Texas Register (16 TexReg 4296). The new deadline is prior to 5 p.m., September 20, 1991. Issued in Austin, Texas, on August 13, 1991. TRD-9109689 Bill Tenison Chair On-Site Wastewater Treatment Research Council Filed: August 13, 1991 For further information, please call: (512) 458-7243. Texas Department of Human Services Notice of Assistance Available The Texas Department of Human Services announces that funds are available through the Children's Justice Act (CJA) Grant Project for the development and support of children's advocacy centers in urban and rural areas throughout the state. Description of Services. Three categories of assistance are available under this grant project: financial assistance to children's advocacy centers that are already in operation; financial assistance to groups that are in the process of developing children's advocacy centers for their communities; and financial assistance to promote state-wide networking among individuals involved in children's advocacy center development. Closing Date. Application for assistance will be accepted through 1992 and will be considered for funding upon receipt. Contact Person. For more information, please contact Nancy E. O'Neill, CJA Grant Project Director, MC E-605, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3094, FAX (512) 450-4749. Issued in Austin, Texas, on August 14, 1991. TRD-9109721 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 14, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services announces that funds are available through the Children's Justice Act (CJA) Grant Project to send several district/county attorneys to the Children's Law Update Conference this fall. Description of Services. Several district/county attorneys who represent the state in child protection civil proceedings will be sent through the grant project to the Children's Law Update Conference sponsored by the National Association of Counsel for Children in New Orleans, Louisiana, October 13th-15th. Closing Date. Applications from individual district/county attorneys requesting funding to attend this conference must be received by 5 p.m., September 12, 1991. Terms. Sponsored attorneys will be expected to pay the conference registration. All other costs of attending the conference will be covered by the grant project. Contact Person. For more information, please contact Nancy E. O'Neill, CJA Grant Project Director, MC E-605, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3094, FAX (512) 450-4749. Issued in Austin, Texas, on August 14, 1991. TRD-9109722 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 14, 1991 For further information, please call: (512) 450-3765 Texas Department of Mental Health and Mental Retardation Summary of Public Comments on the Intended of Use of Alcohol, Drug Abuse, and Mental Health Services Block Grant Funds in Fiscal Year 1991 for Mental Health Services The Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, as amended) requires annual public hearing on the intended use of federal funds allocated under the alcohol, drug abuse, and mental health services (ADM) block grant. Consistent with this mandate, the Texas Department of Mental Health and Mental Retardation (TXMHMR) and the Texas Commission on Alcohol and Drug Abuse jointly conducted public hearings in the following locations: June 17, 1991, City Council Chamber, 823 Rosenberg, Room 200, Galveston; June 18, 1991, Alamo Area Council of Governments, 118 Broadway, Suite 400, San Antonio; June 19, 1991, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington; and June 20, 1991, Rio Grande Council of Governments, 1014 North Stanton, El Paso. A preliminary summary of the intended use of funds for federal fiscal year 1992 (beginning October 1, 1991) was mailed to interested persons in advance and provided to persons attending public hearings. Public comments were solicited for use in preparation of the final plans. Written comments were accepted by the department through June 24, 1991. All written and oral comments have been considered in the preparation of the final fiscal year 1992 intended use report. A summary of the public comments follows. Seventeen individuals or entities submitted either oral or written comments regarding the mental health portion of the block grant. Many witnesses repeated the point that the needs are growing and that the use of block grant funds be better coordinated among state agencies to provide a continuum of care for persons with mental illness and their families, especially children and adolescents, and that substance abuse and mental health problems often occur together and must both be addressed together during treatment. Two witnesses reported that in some programs which treat indigents, a woman's welfare benefits are discontinued if she accepts treatment in a residential setting. This causes her family to suffer. One witness testified that about 50% of clients served at his MHMR clinic are abusing substances. More money is needed for both treatment of mental illness and substance abuse and training programs. About 25% of clients have only mental problems without substance abuse and these clients tend to be the youngest. One witness cited a study of mentally ill offenders showing that 15-20% of misdemeanor offenders have both mental and substance problems requiring integrated treatment programs. The witness also expressed the need for Model Mental Retardation-Substance Abuse Programs for those involved in the criminal justice system. One witness testified that the experience of his non-profit agency shows that addicts need a continuum of care with a case management system which is sensitive to persons with a dual diagnosis. He stressed the need for more cooperative efforts such as the Houston Campus project. This witness and several others see a rising need for funds and programs in Galveston and surrounding counties on substance abuse and persons with mental illness and their families. Because of the frequent comorbidity of substance abuse and mental illness, several comments were received urging the department to have more cross-training of its staff on recognizing substance abuse symptoms and how to include the appropriate responses in treatment planning for mental illness and substance abuse. A witness who administers a program for clients with a dual diagnosis of mental illness and substance abuse at one of the department's state centers, commented that more El Paso outpatient services were needed to support clients discharged from his substance abuse program. One witness would like to see significantly more services from the In-Home and Family Support Program. She found it ridiculous that only $20,000 is allocated to Bexar County. She felt there was insufficient accountability required by TXMHMR for the provision of services by local Mental Health Authorities. She asked that TXMHMR emphasize the need for independent living choices for the mentally ill and development of treatment services for the dual-diagnosis problem, i.e., mental health and substance abuse. One witness who provides integrated programs for juvenile detainees urged more collaborative programs to provide complete medical care to include mental assessments, secure facilities, joint planning, and sharing of available funds. Three persons from the same advocacy group said they believed that the cracks in the system for care of the mentally ill are getting wider; that TXMHMR must set standards, enforce them, and demand accountability. They asserted that the greatest needs are for community housing, staff support, and work opportunities. Two persons urged more acceptance of volunteer help from family members of persons undergoing treatment. Three letters with comments were received by the department. One requested that any "new" dollars beyond current amounts be offered first to counties who would be willing to affiliate with existing community mental health and mental retardation centers rather to community services to state facilities. The other two letters supported increasing the portion of funds for children and adolescent mental health services beyond the 10% required by federal rules. Issued in Austin, Texas, on August 12, 1991. TRD-9109647 Dennis R. Jones Commissioner Texas Department of Mental Health and Mental Retardation Filed: August 12, 1991 For further information, please call: (512) 465-4591 Texas Water Commission Meeting Notice A meeting of the Management Committee of the Galveston Bay National Estuary Program (GBNEP) is scheduled for: Wednesday, August 21, 1991, 9 a.m., Bayou Building, Forest Room, University of Houston-Clear Lake, Houston. Following opening remarks and approval of minutes, a summary of GBNEP activities will be presented by the program staff. The committee will then revise/approve elements of the Comprehensive Conservation and Management Plan Strategy: Program Goal Statement: Priority Problems/Impact Matrix; Consensus CCMP Development Plan; and CCMP Action Plan Task Forces. The committee will then consider revision/approval of the final fiscal year (FY) 1992 Annual Work Plan. The committee will then consider revision/approval of a work scope for coastal preserves management implementation. The committee will then consider drafting a request to Texas Water Commission, Texas Water Development Board, and Texas Parks and Wildlife Department to implement coastal preserves management action for a comprehensive water quantity/quality field effort in the coastal preserves. The committee will then consider revision if its bylaws concerning conflict of interest and meeting frequency provisions, and wording improvement. The committee will then consider a policy statement regarding release of draft documents of the program. The committee will then view four videos for revision/approval: Conflicting Uses of Galveston Bay; Oyster Harvesting and Conservation; Understanding the Galveston Bay Ecosystem; and a program public participation video. The committee will then consider the causes for delays in a project digitizing wetlands maps. The committee will then consider action on comments on a consent decree between the City of Houston and EPA Region 6, concerning a Houston Ship Channel Toxicity Study. The committee will then consider for approval replacement of the principal investigator for the FY 1992 citizen's monitoring project. The committee will then consider for revision/approval a pollution reporting "hotline" development strategy, and an associated public information campaign. The committee will then consider for revision/approval the design of a poster for use in education of school children. The committee will then consider for revision/approval the final report form Bay Day "91. The committee will then consider any other business, a date for the next meeting, and will adjourn. Issued in Houston, Texas, on August 9, 1991. TRD-9109630 Frank S. Shipley Director, Galveston Bay National Estuary Program Texas Water Commission Filed: August 12, 1991 For further information, please call: (713) 283-3950 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 July 29th-August 9, 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 application-new permit, amendment, or renewal. Borderland Feeder, Limited; Clint; a feedlot operation; approximately three miles south of the intersection of FM Roads 76 and 1110, approximately 1/2 mile east of FM Road 76. The referenced intersection is about 0.6 miles northeast of the City of Clint in El Paso County; 03369; new. Sam Elliot; Amarillo; a beef cattle feedyard operation; is on the south side of FM Road 1912 approximately one mile east of the intersection of FM Road 1912 and State Highway 136 in Potter County; 03386; new. Larry D. Brown; Alvord; a dairy operation; is on the south side of an unnamed county road approximately one mile north of the intersection of FM Road 2265 and FM Road 1655 in Wise County; 03270; new. Mike Hinders; Miles; a dairy operation; is on the southeast side of an unnamed county road, approximately three miles east of the intersection of FM Road 1692 and U.S. Highway 67 in Tom Green County; 03371; new. Henk Kenkhuis; Hen Lyn Dairy; Dublin; a dairy operation; is on the south side of the intersection of Highway 219 and Pecan Cemetery in Comanche and Erath County; 03163; new. Sam Womack; Bridgeport; a dairy operation; is on the north side of an unnamed county road approximately one mile south of the intersection of FM Road 920 and FM Road 2210 in Wise County; 03351; new. Northwest Harris County Municipal Utility District Number 36; Houston; a wastewater treatment facility; is approximately 13,200 feet west of the intersection of Interstate Highway 45 and Holzwarth Road and 1,400 feet north northwest of the intersection of Seals Gully and Louetta Road in Harris County; 13573-01; new. Ashbrook-Simon-Hartley Corporation; Houston; a plant that manufactures mechanical aeration equipment; is at 11600 East Hardy Street (adjacent to the east side of Hardy Street between Collins Road on the south and Halls Bayou on the north) in the City of Houston, Harris County; 01536; renewal. Capital View Joint Venture; Austin; a wastewater treatment facility; which have not been constructed yet are to be off of Thornberry Road approximately 3, 300 feet southeast of Dalton Road and 4,200 feet northeast of State Highway in Travis County; 12972-01; renewal. Larry J. Enderli; Baytown; a wastewater treatment facility; immediately north of Horsepen Gully and west of State Highway 146, approximately 0.8 mile north of the intersection of State Highway 146 and FM Road 565 in Chambers County; 11653-01; renewal. Harris County, Texas; Houston; a wastewater treatment facility; within Bear Creek Park, approximately three miles north east of the intersection of Interstate Highway 10 and State Highway 6 in Harris County; 10932-01; renewal. Harris County Municipal Utility District Numbers 166, 257, and 276; Houston; wastewater treatment facilities; are at 16300 West Little York Road, approximately 3,000 feet west of the intersection of State Highway 6 and West Little York Road in Harris County; 12474-01; renewal. city of Hedley; wastewater treatment facility; is northeast of the City of Hedley, approximately 1.2 miles north and 0.8 mile east of the intersection of U. S. Highway 287 and State Highway 203 in Donley County; 10709-01; renewal. City of Hemphill; wastewater treatment facilities; are approximately 3/4 mile south of the Hemphill City Hall on Beckcom Road in Sabine County; 10493-02; renewal. City of Houston; wastewater treatment facilities; are on the south bank of Greens Bayou approximately 3,300 feet northeast of the intersection of Interstate Highway 45 and North Belt in Harris County; 10495-100; renewal. City of Houston; wastewater treatment facilities; are on West Belfort Avenue, approximately 1.3 miles west of the intersection of West Belfort Avenue and U.S. Highway 59 in Harris County; 10495-107; renewal. Kirby Forest Industries, Inc.; Silsbee; a plant that manufactures particle board; is on Highway 92 approximately one mile north of the City of Silsbee, Hardin County; 01950; renewal. KMCO, Inc.; Crosby; an industrial organic chemical plant; is at 16503 Ramsey Road at the intersection with Crosby-Dayton Road, 1.2 miles northeast of the Town of Crosby, Harris County; 02712; renewal. Lajitas Utility Company, Inc.; Terlingua; a wastewater treatment facility; approximately 900 feet south of Ranch-to-Market Road 170 and 2,200 feet east of the Rio Grande in Brewster County; 12167-01; renewal. Texas Utilities Mining Company; Dallas; wastewater treatment facilities; are in the northeast quadrant of the Fuel Production Area 3, about 2.2 miles southeast of the intersection between Interstate Highway 30 and FM Road 1870 Hopkins County; 12275-01; renewal. City of Tomball; wastewater treatment facilities; are at 615 East Huffsmith Road which is approximately 1,400 feet due north of the intersection of Neal Street and East Huffsmith Road in Tomball in Harris County; 10616-01; renewal. Westlake Municipal Utility District Number 1; Houston; the wastewater treatment facilities; are at 2631 Greenhouse Road, approximately 800 feet north of the intersection of Saums Road and Greenhouse Road in Harris County; 11284-01; renewal. RTF Industries, Inc.; Marshall; a metal finishing facility; is adjacent to Jefferson Road, 100 yards north of Bussey Road and 0.3 mile west of U.S. Highway 59, approximately five miles north of the City of Marshall, Harrison County; 02815; amendment. Texas Department of Criminal Justice; Huntsville; wastewater treatment facilities; is approximately four miles west-northwest of the intersection of State Highway 19 and FM Road 980, within the Ellis Unit Number 1 prison farm in Walker County; 11180-01; amendment. Issued in Austin, Texas, on August 12, 1991. TRD-9109655 Laurie J. Lancaster Deputy Chief Clerk Texas Water Commission Filed: August 12, 1991 For further information, please call (512) 463-7906 Public Hearing Notice The Texas Water Commission will conduct a public hearing beginning at 10 a.m. , October 4, 1991, Room 1149 A and B, Stephen F. Austin Building, 1700 North Congress Avenue, Austin in order to receive testimony concerning five waste load evaluation reports. The five reports being considered are, "Waste Load Evaluation for Salado Creek in the San Antonio River Basin" (Segment 1910), "Waste Loan Evaluation for the Pedernales River in the Colorado River Basin" (Segment 1414), " Waste Load Evaluation for the Concho River in the Colorado River Basin" (Segment 1421), "Waste Load Evaluation for the Leon River below Belton Lake in the Brazos River Basin" (Segment 1219), and "Waste Loan Evaluation for the Aransas River above Tidal in the San Antonio-Nueces Coastal Basin" (Segment 2004). The public hearing shall be conducted in accordance with the Texas Water Code, sec.26.011 and sec.26.037. A public hearing was scheduled on May 29, 1991 for the waste load evaluations for Salado Creek, Concho River, and Leon River. This hearing was not held at that time because of electrical problems in the Stephen F. Austin Building. The primary purpose of a waste load evaluation is to define treatment levels for wastewater dischargers to a segment and specify other program actions that need to be taken in order to attain and maintain the water quality standards, describe nonpoint source pollution from areas tributary to a segment, and identify treatment level alternatives using receiving stream water quality simulations. A section containing recommended treatment levels and other proposed recommended actions is also included. The public is encouraged to attend the hearing and to present relevant evidence or opinions concerning the waste load pollution. Written testimony which is submitted prior to or during the public hearing will be included in the record. The commission would appreciate receiving a copy of all written testimony at least five days before the hearing. Copies of written testimony and questions concerning the public hearing should be addressed to Dale White, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087 or call (512) 463-8467. A limited number of copies of the draft waste load evaluation are available for review in the Texas Water Commission Library, Room B-20 of the Stephen F. Austin Building, 1700 North Congress Avenue in Austin; or may be obtained by writing to Dale White, P.O. Box 13087, Austin, Texas 78711-3087 or call (512) 463-8467. There are no charges for the prehearing draft copies of the waste load evaluation; however, a fee will be charged for the finalized post-hearing copies. The date selected for this hearing is intended to comply with deadlines set by statute and regulation. Any publication or receipt of this notice less than 45 calendar days prior to the hearing date is due to the necessity of scheduling the hearing on the date selected. Issued in Austin, Texas, on August 14, 1991. TRD-9109718 James F. Haley Director, Legal Division Texas Water Commission Filed: August 14, 1991 For further information, please call: (512) 463-8467