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 Antiquities Committee Notice of Hearing and Call for Participants Notice is hereby given that a hearing will be held before the State Office of Administrative Hearings beginning at 9 a.m. on Tuesday and Wednesday, March 9 and 10, 1993. The subject of the hearing will be consideration of a compliant on an antiquities permit issued to the City of Austin for study, archeological monitoring, and destruction of small fraction of archeological site 41TV1364, associated with the tunnel construction of a sewer line known as the "South Austin Outfall, Phase II" project (hereinafter "proposed project"), which passes through Zilker and Town Lake parks in Austin, Texas. The hearing will be held at 300 West 15th Street, in Suite 408, William P. Clements Building, Austin, Texas 78701. The Save Our Springs Legal Defense Fund and Save Barton Creek Association, on behalf of their respective organizations and their members, have requested this hearing. They are contesting whether the investigations proposed under the subject permit will be adequate to protect those cultural deposits. The Save Our Springs Legal Defense Fund and Save Barton Creek Association contest that the permit is inadequate under the law because it does not specifically permit destruction, harm, alteration, etc. to the archeological landmark and artifacts in Zilker and Town Lake parks; insufficient study has been done to achieve required mitigation to assure that preservation is maximized; the methods contemplated for mitigation fail to meet the statutory and rule requirements for mitigation, preservation, and harm minimization; alternatives and alternative routes to the proposed project exist which would eliminate all harm to the project; it fails to comply with acceptable and required techniques of investigation and recovery required under Chapter 41 of the Committee's rules. The City of Austin and the staff of the Department of Antiquities Protection believe that the issuance of Permit 1196 fully complies with rules and procedure under the Antiquities Code. Five years of planning and archeological data collections support the permit. Three previous uncontested permit level investigations have already occurred and the City has undertaken several realignments and design changes to protect and preserve the archeological deposits in the park. The current proposed permit level investigations are associated with the tunnel excavations of the proposed sewer line which will adversely impact less than .2% of the overall site. Nature of Hearing. Challenge to the issuance of Permit 1196, as provided for under Chapter 41 and 43 of the Antiquities Committee's Rules. What Must Be Proven. That the permit is not in compliance with Committee's rules; that adequate preservation and study site 41TV1364 is not being accomplished. Parties to the Hearing. At the hearing on the merits, only those persons admitted as parties will be permitted to make motions, present evidence and argument, and cross-examine witnesses. Presently the only prospective parties are the City of Austin, Department of Antiquities Protection, The Save Our Springs Legal Defense Fund and Save Barton Creek Association. Deadline for Requesting to be a Party. Any person or organization that wants to be made a party must send a specific written request for party status to the State Office of Administrative Hearings at 300 West 15th Street, William P. Clements Building, Austin, Texas 78701, by 5 p.m. on February 19, 1993. The examiner cannot grant party status to any person or organization whose request comes in after that deadline, unless there is good cause for the request's coming in late. Prehearing Conference. The State Office of Administrative Hearings has scheduled a prehearing conference be held on February 22, 1993, at 9 a.m. at 300 West 15th Street, William P. Clements Building, Suite 408, Austin, Texas 78701. Information About the Hearing and TAC Rules. For further information regarding this hearing and the TAC rules contact Mark H. Denton, Staff Archeologist, Department of Antiquities Protection, P.O. Box 12276, Austin, Texas 78711 (512) 463-5711. Legal Authority. This hearing is called and will be conducted under the authority of the Texas Civil Statutes, Article 6252-13f, and Chapter 155 State Office of Administrative Hearings and Chapter 43 of the Texas Antiquities Committee's Rules. Issued in Austin, Texas, on February 2, 1993. TRD-9318503 Kathleen McLaughlin-Neyland Administrative Technician Texas Antiquities Committee Filed: February 3, 1993 Texas Bond Review Board Bi-Weekly Report on the 1993 Allocation of the State Ceiling on Certain Private Activity Bonds The information that follows is a report of the allocation activity for the period of January 15, 1993-January 29, 1993. Total amount of state ceiling remaining unreserved for the $247,184,000 subceiling for qualified mortgage bonds under the Act as of January 29, 1993: $247,184,000. Total amount of state ceiling remaining unreserved for the $154,490,000 subceiling for state-voted issues under the Act as of January 29, 1993: $44, 490,000. Total amount of state ceiling remaining unreserved for the $66,210,000 subceiling for qualified small issues under the Act as of January 29, 1993: $66,210,000. Total amount of state ceiling remaining unreserved for the $44,140,000 subceiling for residential rental project issues under the Act as of January 29, 1993: $12,980,000. Total amount of state ceiling remaining unreserved for the $370,776,000 subceiling for all other bonds requiring an allocation under the Act as of January 29, 1993: $270,776,000. Total amount of the $882,800,000 state ceiling remaining unreserved as of January 29, 1993: $641,640,000. Following is a comprehensive listing of applications which have received a reservation date pursuant to the Act from January 15, 1993-January 29, 1993: Texas Veterans Land Board, Eligible Borrowers, Land Bonds State-Voted, $35, 000,000; Texas Higher Education Coordinating Board, Eligible Borrowers, Qualified Student Loan Bonds-State-Voted, $75,000,000; Harris County HFC, Magi, Inc., Residential Rental 5900 Uvalde Apartments, $10,160,000; Gulf Coast Waste Disposal Authority of Texas, Houston Chemical Services, Incorporated, All Other Bonds Solid Waste Disposal, $50,000,000; Harris County HFC, Magi, Inc., Residential Rental Cedar Pond Apartments, $13,000,000; San Antonio HFC, UCC 1981-A, Residential Rental River Oaks Apartments, $8,000,000; Panhandle-Plains Higher Education Authority, Eligible Borrowers, Qualified Student Loan Bonds, $50,000,000. Issued in Austin, Texas, on February 1, 1993. TRD-9318428 Jim Thomassen Executive Director Texas Bond Review Board Filed: February 1, 1993 Comptroller of Public Accounts Consultant Contract Award In accordance with the provisions of Texas Civil Statutes, Article 6252-llc, the Comptroller of Public Accounts furnishes this notice of consultant contract award. The consultant proposal request was published in the December 11, 1992, issue of the Texas Register (17 TexReg 8767). The consultant will conduct a limited audit of utility billings of selected state agencies for the four-year period ended August 31, 1992. The program is intended to assist the State in identifying overpayments of utility billings by the relevant agencies during the audit period and obtaining refunds or credits for any such overpayments. The contract is awarded to Childress Interests, Inc., 1331 Lamar Boulevard, Suite 1459, Houston, Texas, 77002. The consultant's receipt of compensation pursuant to the contract is entirely contingent upon the amount of refund or credit obtained by the consultant on behalf of the State. The contract was executed February 2, 1993, and extends through August 31, 1993. Issued in Austin, Texas, on February 3, 1993 TRD-9318514 Arthur F. Lorton Senior Legal Counsel, General Law Section Comptroller of Public Accounts Filed: February 3, 1993 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, as amended (Texas Civil Statutes, Articles 5069-1.04). [graphic] Issued in Austin, Texas, on February 1, 1993. TRD-9318513 Al Endsley Consumer Credit Commissioner Filed: February 3, 1993 Texas Department of Health Correction of Error The Texas Department of Health proposed an amendment to 25 TAC sec.145.111, concerning standards for nursing homes jointly developed by the department and the Texas Department of Human Services that apply to licensure and to Medicaid certification (standards). The rule was published in the January 12, 1993, Texas Register (18 TexReg 195). In the second paragraph of the preamble, the second sentence contains an inaccurate reference to the Texas Department of Human Services rules that the Texas Department of Health adopted by reference. The sentence should read as follows. "The sections covered under this amendment to sec.145.111 are the proposed repeal of 40 TAC sec.19.217 and sec.19.504; proposed new sec.19.217 and sec.19.504; proposed amendments to sec.19.502, sec.19.503, sec.19.1911, sec.19.1912, and sec.19. 1923, were published in the Texas Register under TDHS proposed rules in December 22, 1992, issue." Public Utility Commission of Texas Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 22, 1993, to amend a Certificate of Convenience and Necessity pursuant to the Public Utility Regulatory Act, sec.sec.16(a), 17(e), 50, 52, and 54. A summary of the application follows. Docket Title and Number. Application of West Texas Utilities to Amend Certificate of Convenience and Necessity for a Proposed Transmission Line Within Concho County, Docket Number 11738 before the Public Utility Commission of Texas. The Application. In Docket Number 11738, West Texas Utilities Company requests approval of its application to construct approximately 0.46 miles of 69-kV transmission line in Bosque County. Persons who wish to intervene in the proceeding or comments upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0223, or (512) 458-0227 within 15 days of this notice. Issued in Austin, Texas, on February 1, 1993. TRD-9318491 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: February 2, 1993 San Antonio-Bexar County Metropolitan Planning Organization Request for Proposals The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct a detailed planning and feasibility study for an intermodal transportation facility to be located in or in proximity to the central business district. The purpose of the study is to reach a consensus on a specific location, to complete the conceptual design for the facility, and to derive estimated capital and operating costs for the facility. A copy of the Request for Proposals (RFP) may be requested by calling Charlotte Roszelle, Office Manager/Grants Coordinator, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 4 p.m., February 26, 1993, at the MPO office: Heritage Plaza Building, 434 South Main, Suite 205, San Antonio, Texas 78204. A pre-proposal meeting has been scheduled for 10 a.m., Wednesday, February 10, 1993, in Building 2 at the Texas Department of Transportation, 4615 North West Loop 410, San Antonio. The contract award will be made by the MPO's Transportation Steering Committee based on the recommendation of the study's public/private oversight committee. The Intermodal Terminal Planning and Feasibility Study RFP Committee will review the proposals based on the evaluation criteria listed in the RFP. Funding for this study, in the amount of $190,000, is contingent upon the availability of Federal and State funding from the Federal Highway Administration, Federal Transit Administration, and the Texas Department of Transportation. Issued in San Antonio, Texas, on January 29, 1993. TRD-9318478 Charlotte A. Roszelle Office Manager/Grants Coordinator San Antonio-Bexar County Metropolitan Planning Organization Filed: February 2, 1993 Texas Department of Transportation Public Hearing Notice The Texas Department of Transportation (TxDOT) will hold a public hearing on Friday, February 26, 1993, at 9 a.m. in the first floor hearing room of the Dewitt C. Greer State Highway Building at 125 East 11th Street in Austin, to receive public comment on the proposed midyear revisions to the 1993-1995 statewide transportation improvement program. Title 23, United State Code, sec.134 and sec.135, as amended by the Intermodal Surface Transportation Efficiency Act of 1991, require each designated metropolitan planning organization (MPO) and the State, respectively, to develop a transportation improvement program (TIP) as a condition to securing federal funds for the next three fiscal years for transportation projects under either Title 23 or the Federal Transit Act (formerly the Urban Mass Transportation Act of 1991). Section 134(h) requires an MPO to develop its TIP in cooperation with the state and affected transit operators; to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and by the Governor. Section 135(f) requires the state to develop a statewide transportation improvement program (STIP) for all areas of the state in cooperation with those designated MPO's; and further requires the Governor to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed STIP. All of the requirements mentioned above were accomplished for Texas' first STIP which was approved by the Texas Transportation Commission on October 20, 1992. Subsequently, various errors, omissions, oversights, funding category shifts, etc. have been discovered which brought about the need to make a midyear revision to the previously approved STIP. TIP revisions applicable to the designated MPO's as well as to those areas outside designated MPO boundaries have been presented for public comment by means of public meetings conducted by relevant authorities throughout the State. The proposed revisions have been developed and refined through this process. By letters dated September 9, 1992, addressed to federal transportation officials, the Honorable Ann W. Richards, Governor of Texas, delegated to the Texas Transportation Commission (commission) those powers and responsibilities granted to her by the Intermodal Surface Transportation Efficiency Act of 1991, save and except the Recreational Trails Program. By Minute Order Number 101874 dated January 26, 1993, the commission found that the requisites of Section 134 were fully satisfied as they pertain to development of the midyear revisions to the prescribed TIP's by the MPO's and that the STIP revisions prepared and recommended by TxDOT fully satisfies the requisites of Section 135. Pursuant to the authority delegated by the Governor, the Commission also approved the respective TIP's of each designated MPO as reflected in the referenced revised STIP, proposed the revised STIP for adoption and final approval subject to public comment, and ordered the Executive Director to conduct or have conducted a public hearing to secure public comment. A file copy of the draft midyear revisions to the FY 1993-1995 statewide transportation improvement program is available for review at TxDOT central Austin office of the Division of Transportation Planning located at Building 1, Room 318, 40th and Jackson Streets, Austin, and in each TxDOT district office. Persons wishing to review complete STIP may secure address and telephone number of the nearest district office from the division at (512) 465-7466. Also, a file copy is available at each metropolitan planning organization office. Local TxDOT district offices may be contacted for information on the appropriate metropolitan planning organization office locations. Copies of the proposed midyear revisions to the STIP and documentation consisting of approximately 220 pages are available for purchase by contacting Eddie Shafie, P.O. Box 5051, Austin, Texas 78763-5051, phone (512) 465-7466, FAX (512) 467-3952. Copies of the "Introduction and Summary" are available on request without charge at any of the listed TxDOT offices. Registration for the hearing will begin at 8 a.m., and speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Further information on the midyear revisions to the STIP may be obtained from Alvin R. Luedecke, Jr., P.E., Division of Transportation Planning, P.O. Box 5051, Austin, Texas 78763-5051, (512) 465-7346. Interested parties who are unable to attend the hearing may submit written comments to Alvin R. Luedecke, at that address. In order to be considered, all comments must be received by TxDOT at the above address no later than Thursday, March 4, 1993. Issued in Austin, Texas, on February 1, 1993. TRD-9318434 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: February 2, 1993 Texas Water Commission Notice of Application for Authorization to Proceed in Federal Bankruptcy The Texas Water Commission has received an application by Denton County Reclamation and Road District for Authorization to Proceed in Federal Bankruptcy, under Chapter 9 of the Federal Bankruptcy Code, 11 United States Code, sec.901-941, as amended. The District is proposing to seek Bankruptcy Court approval of a plan of adjustment of the District's debts. The Commission shall investigate the financial condition of the District, including assets, liabilities and sources of revenues. If the Commission determines that the District cannot, through the full exercise of its rights and powers under the laws of this state, reasonably expect to meet its debt and other obligations as they mature, the Commission may authorize the District to proceed in bankruptcy. No public hearing will be held on this application unless an affected person has requested a public hearing. Any person wishing to protest the application of the District is requested to file the protest in written form within 25 days of the issuance of the notice. The protest should contain the name, mailing address, and phone number of the person making the request; and a brief statement of the person's interest in the application and the reasons for the protest. If the Commission determines that the protest shows reason that the District is able to meet its debt and other obligations, or that an evidentiary public hearing would serve the public interest, the Commission may direct the Office of Hearing Examiners to conduct an evidentiary public hearing, after issuance of proper and timely notice of the hearing. Protests should be submitted to the Chief Clerk's Office, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, Attention: Mamie M. Black. Copies of such protest must be furnished to the District, the Executive Director and the Public Interest Counsel of the Commission. Information concerning these applications may be obtained by writing the Texas Water Commission at the above-mentioned address or by calling (512) 463-8537. Issued in Austin, Texas, on January 29, 1993. TRD-9318432 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: February 2, 1993 Public Notice The Texas Water Commission announces that Parts A and B of the permit application form for industrial and hazardous waste facilities have been revised. The revised forms (TWC Forms 0283-revised December 15, 1992 and Form 0376-revised December 4, 1992) are available to the public. These forms can be obtained from the Industrial and Hazardous Waste Permits Section in Austin by calling (512) 908-6595. These forms can also be obtained by any Texas Water Commission District office. Issued in Austin, Texas, on February 1, 1993. TRD-9318404 Mary Ruth Holder Director, Legal Division Texas Water Commission Filed: February 1, 1993