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 Board of Architectural Examiners Correction of Errors The Texas Board of Architectural Examiners proposed amendments to 22 TAC sec.3.21 and sec.3.25, concerning eligibility of applicants and deadline for examination. The rules appeared in the December 21, 1993, issue of the Texas Register (18 TexReg 9813). On page 9813, column 3, 3rd paragraph, 2nd line, "Article 249" should read "Article 249c". The Texas Board of Architectural Examiners proposed an amendment to 22 TAC sec.5.31, concerning the registration of applicants. The rule appeared in the December 21, 1993, issue of the Texas Register (18 TexReg 9815). On page 9815, column 1, paragraph 5, line 2, "Article 249c" should read "Article 249e". Texas Department of Banking Correction of Error The Texas Department of Banking adopted amendments to 7 TAC sec.31.5 and sec.35.6. The rules appeared in the December 24, 1993, issue of the Texas Register (18 TexReg 9927). Both rules were filed December 16, 1993, sec.31.5 shows "January 14, 1994" for the effective date and it should be "January 5, 1994". Section 35.6 shows "January 14, 1993" for the effective date and it should be "January 5, 1994". 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 December 4, 1993 through December 17, 1993. Pursuant to sec.2(d) of Article 5190.9a, on September 1, any amounts of volume cap remaining in the separate subceilings are combined under one ceiling. All applications that have not received volume cap are placed on one list in an order determined by a lottery number received in January, or by date of application, regardless of project type. On September 1 reservations for the remaining volume cap are given. Total amount of the $882,800,000 state ceiling remaining unreserved as of December 17, 1993: $29,008,750. Following is a comprehensive listing of applications which have received a reservation date pursuant to the Act from December 4, 1993 through December 17, 1993: None. Following is a comprehensive listing of applications which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from December 4, 1993 through December 17, 1993: [graphic] Following is a comprehensive listing of applications which were either withdrawn or canceled pursuant to the Act from December 4, 1993 through December 17, 1993: [graphic] Following is a comprehensive listing of applications which released a portion of their reservation pursuant tot he Act from December 4, 1993 through December 17, 1993: None. Issued in Austin, Texas, on December 17, 1993. TRD-9333984 Albert L. Bacarisse Executive Director Texas Bond Review Board Filed: December 27, 1993 Central Texas Council of Governments Consultant Proposal Request The Central Texas Council of Governments is soliciting proposals from qualified firms of certified public accountants to audit the Council's financial statements for the fiscal year ending June 30, 1994, with the option of auditing the Council's financial statements for the two subsequent fiscal years. Requests for proposal packages may be obtained by contacting Michael Irvine, Director of Administration, at Central Texas Council of Governments, 100 South East Street, Belton, Texas 76513. All proposals must be received no later than 3:00 p.m. on January 24, 1994. For further information, call (817) 939-1801. Issued in Belton, Texas, on December 22, 1993. TRD-9333948 R. Michael Irvine Director of Administration Central Texas Council of Governments Filed: December 23, 1993 Office of Consumer Credit Commissioner Notices 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 and 1.05, as amended (Texas Civil Statutes, Articles 5069-1.04 and 1.05). [graphic] Issued in Austin, Texas, on December 20, 1993. TRD-9333883 Al Endsley Consumer Credit Commissioner Filed: December 22, 1993 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, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on December 27, 1993. TRD-9334046 Al Endsley Consumer Credit Commissioner Filed: December 29, 1993 Texas Education Agency Notice of Consultant Contract Award In accordance with Texas Civil Statutes, Article 6252-11c, the Texas Education Agency publishes this notice of consultant contract award. The consultant proposal request appeared in the July 27, 1993, issue of the Texas Register (18 TxReg 4959). The consultant is to conduct a needs assessment study of the Texas public school financial accountability system. The consultant selected to perform this study is a team led by Deloitte and Touche, CPAs, 801 Cherry Street, Suite 2340, Fort Worth, Texas 76102. The maximum amount of this contract is $300,000. The contract was signed December 15, 1993, with a starting date of September 1, 1993, and will terminate by February 1, 1994. The contract also has an extension provision to implement recommendations contained in the needs assessment study under a maximum total contract of $2,405,000 and a final determination date of August 31, 1995. The consultant will prepare a final report for the first phase and submit it to the Texas Education Agency no later than February 1, 1994. The documentation of this report will include, but is not limited to findings, conclusions, and recommendations reflective of the needs assessment phase of the study. Issued in Austin, Texas, on December 22, 1993. TRD-9333887 Lionel R. Meno Commissioner of Education Texas Education Agency Filed: December 22, 1993 Request for Public Comment Pursuant to the requirements of Public Law 100-297, the Texas Education Agency is providing notice and requesting public comment regarding the recommendations made by the Chapter 2 State Advisory Committee on the use of Chapter 2 federal funds for the 1994-1995 school year, specifically the formula for distributing entitlement funds to local school districts and the special discretionary projects to be conducted by the agency. The State of Texas will receive approximately $27,231,850 from Chapter 2 of the ESEA for 1994-1995. Of the total amount received, the law requires that not less than 80% (approximately $21,785,480) should be distributed to public school districts on a formula entitlement basis and that no more than 20% (approximately $5,446,370) be reserved by the state education agency to fund special discretionary projects at the state level, provide technical assistance to school districts, and administer Chapter 2 programs. The proposed formula to be used to allocate the 80% entitlement funds to local school districts (as constrained by ESEA, Chapter 2 law, Public Law 100-297, sec.1512) is: Step 1-determine number of students enrolled in public and private nonprofit schools for each local education agency (LEA) and for the state; Step 2-determine number of high cost students (those on free and reduced price lunch) for each LEA and for the state. Compare each LEA's number and percentage of high cost students to the statewide average number and percentage of high cost students. Only those LEAs having numbers or percentages in excess of the average statewide number or percentage shall be eligible to include high cost students in the computations; Step 3-calculate the per capita amount for the state by dividing the total number enrolled from Step 1 plus eligible high cost students from Step 2 into 80% of the state grant award for Chapter 2; Step 4-multiply the per capita amount computed in Step 3 times the total eligible students (public and private enrolled plus eligible high cost) for each LEA. Based upon the most recent data available, the per capita amount for fiscal year 1994 (school year 1994-1995) is approximately $4.33. The special discretionary projects and funding amounts recommended by the Chapter 2 State Advisory Committee on December 1-2, 1993, for 1994-1995 are as follows: Evaluation of Prekindergarten Programs and School Counseling and Guidance Services ($52,147); Texas School Improvement Initiative ($172,000): Initiative on School Effectiveness and Accountability ($186,362); Using Technology for Access to Problem Solving ($559,000); Effective Middle Schools Project ($592,540); Texas Excellence and Equity Initiative (TEEI) ($1,847,729); Partnership Schools Initiative ($331,000); Accelerated Tutorial Program for Students in At-Risk Situations ($344,000); and State Administration-a maximum of $1,361,592 (approximate) may be reserved by the agency for administrative expenditures related to planning, supervising, monitoring, evaluating, and operating Chapter 2 programs; to provide technical assistance in implementing targeted assistance programs; and for activities to carry out effective schools programs. The Chapter 2 Advisory Committee recommended not funding the Texas Education Agency Staff Development and Training project ($137,600). The State Board of Education will consider funding for projects recommended by the Advisory Committee at the March 1994 board meeting. Any comments received from the public regarding the formula for distributing the 80% funds to school districts or for the funding of special discretionary projects will be submitted to the board at that time. These special discretionary projects do not impact the allocation or use of formula funds at the local school district level. Comments regarding the use of the Chapter 2 funds for 1994-1995 or requests for additional information on the special projects should be addressed to Earin Martin, Chapter 2 State Coordinator, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, and must be received by Tuesday, February 1, 1994. Questions regarding this matter should be directed to Ms. Martin at (512) 463- 9269. Issued in Austin, Texas, on December 28, 1993. TRD-9334037 Lionel R. Meno Commissioner of Education Texas Education Agency Filed: December 29, 1993 Texas Environmental Awareness Network Notice of Monthly Meeting The Texas Environmental Awareness Network, an association of state agencies and environmental and educational organizations, will meet Wednesday, January 12, 1994, at 9:00 a.m. at Texas Parks and Wildlife Department, Wild Basin Preserve Offices, 805 South Capital of Texas Highway, Austin, Texas 78746. For information about the meeting, or to place an item on the agenda, contact Bob Murphy, TEAN Chair, by mail at 4200 Smith School Road, Austin, Texas 78744, (512) 389-4360; or by fax at (512) 389-4394. Issued in Austin, Texas, on December 20, 1993. TRD-9333858 John Williams Secretary Texas Environmental Awareness Network Filed: December 21, 1993 Office of the Governor Solicitation Language Notice of Opportunity to Comment: Chapter 2056 of the Government Code (Texas Civil Statutes, Article 6252-31) requires the Governor, in cooperation with the Legislative Budget Board, to develop a strategic plan for state government. A period for public comment will initiate the process of developing a document for state agencies to use in developing individual agency strategic plans. Comment is requested primarily on the planning elements in the current state plan for state government known as Texas Tomorrow, a copy of which can be obtained at either of the addresses below. Texas Tomorrow consists of the following planning elements: a statewide vision, mission, and philosophy and a set of functional goals defining the purposes of state government. Comments are also solicited on the following planning elements, slated to be added to Texas Tomorrow : External/Internal Assessment of key factors that influence the success of state government in achieving its mission and goals. External factors may include but are not limited to economic conditions, demographic changes, and technological advances. Internal factors may include management policies, resource constraints, organizational structure, automation, personnel, and operational procedures. Outcome Measures of state progress in meeting its key goals. An outcome measure is a statistical indicator to assess the actual impact of a policy or action. Outcome measures are the quantified results-both intended and unintended-of government action on a particular population or problem area. Comment may be provided in written form or at public hearings. A series of public hearings will be held by functional area of state government in Austin in January. Comment is requested on the statewide vision, mission, philosophy and on the functional goals relevant to that hearing, as well as on the Texas Tomorrow document itself. Comments are solicited on the following: how Texas Tomorrow can be made more useful in developing agency strategic plans; the appropriateness of the current statewide mission statements and functional area goals contained in Texas Tomorrow; whether additional functional area goals are needed; how progress towards meeting the goals of state government should be measured; and other issues relevant to the strategic planning process. Hearings will be conducted by functional area as follows: [graphic] Unless otherwise indicated, all hearings will be held at the John H. Reagan State Office building in Austin, Texas, beginning at 10:00 a.m. Other dates will be published and/or posted as soon as they are determined. Written comments must be categorized by functional area in separate documents and submitted by January 28, 1994. A copy of your comments should be sent to both addresses below: [graphic] Issued in Austin, Texas, on December 28, 1993. TRD-9334009 David A. Talbot, Jr. General Counsel Office of the Governor Filed: December 28, 1993 Texas Department of Health Extension of Comment Period The Texas Department of Health is extending the comment period for proposed amendments to 25 Texas Administrative Code sec. sec.141.1-141.6, 141.8, 141.10- 141.13, 141.15, and 141.20 concerning the regulation of massage therapists, massage establishments, massage schools, and instructors; and sec.141.23 concerning workshop and seminars. The sections were published in the November 9, 1993 issue of the Texas Register (18 TexReg 8105). Comments will be accepted through January 7, 1994. Comments on the proposal may be submitted to Becky Berryhill, Program Director, Massage Therapy Registration Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756-3183, (512) 834-6616. Issued in Austin, Texas, on December 21, 1993. TRD-9333879 Susan K. Steeg General Counsel Texas Department of Health Filed: December 21, 1993 Licensing Actions for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation . This notice affords the opportunity for a hearing on written request of a licensee, applicant, or person affected within 30 days of the date of publication of this notice. A person affected is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or person affected may request a hearing by writing Richard A. Ratliff, P.E., Acting Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas, 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m., Monday-Friday (except holidays). Issued in Austin, Texas, on December 17, 1993. TRD-9333856 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: December 21, 1993 Texas Higher Education Coordinating Board Notices of Hearings A public hearing will be conducted by the Texas Higher Education Coordinating Board, State Postsecondary Review Entity (SPRE) program on Friday, January 7, 1994 from 9:00 a.m. until 1:00 p.m. at the Holiday Inn-Airport, 6655 Gateway West, El Paso, Texas. The purpose of the hearing is to gather additional comments to use in developing Texas review standards and procedures to determine if postsecondary education institutions are in compliance with federal student aid standards. In addition, comments on developing a complaint system will be gathered. For additional information, please contact Colleen Klein at (512) 483- 6207. Issued in Austin, Texas, on December 22, 1993. TRD-9333914 Sharon Jahsman Administrative Secretary Texas Higher Education Coordinating Board Filed: December 23, 1993 A public hearing will be conducted by the Texas Higher Education Coordinating Board, State Postsecondary Review Entity (SPRE) program on Thursday, January 13, 1994 from 9:00 a.m. until 2:00 p.m. at the University Hilton, 4800 Calhoun, Houston, Texas. The purpose of the hearing is to gather additional comments to use in developing Texas review standards and procedures to determine if postsecondary education institutions are in compliance with federal student aid standards. In addition, comments on developing a complaint system will be gathered. For additional information, please contact Colleen Klein at (512) 483- 6207. Issued in Austin, Texas, on December 22, 1993. TRD-9333915 Sharon Jahsman Administrative Secretary Texas Higher Education Coordinating Board Filed: December 23, 1993 A public hearing will be conducted by the Texas Higher Education Coordinating Board, State Postsecondary Review Entity (SPRE) program on Friday, January 14, 1994 from 9:00 a.m. until 1:00 p.m. at the Save Inn, 1800 West Harrison, Harlingen, Texas. The purpose of the hearing is to gather additional comments to use in developing Texas review standards and procedures to determine if postsecondary education institutions are in compliance with federal student aid standards. In addition, comments on developing a complaint system will be gathered. For additional information, please contact Colleen Klein at (512) 483- 6207. Issued in Austin, Texas, on December 22, 1993. TRD-9333916 Sharon Jahsman Administrative Secretary Texas Higher Education Coordinating Board Filed: December 23, 1993 A public hearing will be conducted by the Texas Higher Education Coordinating Board, State Postsecondary Review Entity (SPRE) program on Monday, January 24, 1994 from 9:00 a.m. until 2:00 p.m. at the Holiday Inn-Northwest, 3233 Northwest Loop 410, San Antonio, Texas. The purpose of the hearing is to gather additional comments to use in developing Texas review standards and procedures to determine if postsecondary education institutions are in compliance with federal student aid standards. In addition, comments on developing a complaint system will be gathered. For additional information, please contact Colleen Klein at (512) 483- 6207. Issued in Austin, Texas, on December 22, 1993. TRD-9333917 Sharon Jahsman Administrative Secretary Texas Higher Education Coordinating Board Filed: December 23, 1993 Texas Department of Human Services Correction of Error The Texas Department of Human Services proposed new 40 TAC sec.sec.708.1- 708.4, concerning the introduction eligibility criteria, services, and providers of service, in new Chapter 708, Medicaid Targeted Case Management Program. The rules appeared in the December 17, 1993, issue of the Texas Register (18 TexReg 9703). On page 9703, the statutory authority paragraph should read: "The new sections are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413 (503), which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services to TDPRS; and under Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds." Public Notice of Closed Solicitation Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg 5315), the Texas Department of Human Services (TDHS) is closing the solicitations for new Medicaid beds in Reeves County, County Number 195, which appeared in the January 28, 1992, issue of the Texas Register (17 TexReg 725) and Armstrong County, County Number 006, which appeared in the July 14, 1989, issue of the Texas Register (14 TexReg 3427). These solicitations are being closed effective the date of this public notice. Issued in Austin, Texas, on December 22, 1993. TRD-9333891 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Filed: December 22, 1993 Public Notice of Open Solicitation Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg 5315), the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Real County, County Number 193, identified below, where Medicaid-contracted nursing facility occupancy rates exceed the threshold (90% occupancy) in each of six months in the continuous May-October 1993, six-month period. Potential contractors seeking to contract for existing beds which are currently licensed as nursing home beds or hospital beds in the county identified in this public notice must submit a written reply (as described in 40 TAC sec.19.2004) to TDHS, Gary L. Allen, Certification, Enrollment and Billing Services, Long-Term Care- Regulatory, Mail Code (Y-976), P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by TDHS by 5 p.m., February 3, 1994, the last day of the open solicitation period. Potential contractors will be placed on a waiting list for the primary selection process in the same order that the beds which were being proposed for Medicaid certification were initially licensed. The primary selection process will be completed on February 13, 1994. If there are insufficient available beds after the primary selection to reduce occupancy rates to less than 90%, TDHS will place a public notice in the Texas Register announcing an additional open solicitation period for those individuals wishing to construct a facility. [graphic] Issued in Austin, Texas, on December 22, 1993. TRD-9333889 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Filed: December 22, 1993 Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg 5315), the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days (starting the date of this public notice) for the construction of a 90-bed nursing facility in Wilson County, County 247, identified in the November 19, 1993, issue of the Texas Register (18 TexReg 8622). That county is also listed in this public notice. Potential contractors desiring to construct a 90-bed nursing facility in the county identified in this public notice must submit a written reply (as described in 40 TAC sec.19.2004) to TDHS, Gary L. Allen, Certification, Enrollment, and Billing Services, Long- Term Care-Regulatory, Mail Code (Y-976), P.O. Box 149030, Austin, Texas 78714- 9030. The written reply must be received by TDHS by 5 p.m., February 3, 1994, the last day of the open solicitation period. Potential contractors will be allowed 90 days to qualify and qualified potential contractors will be placed on a secondary-selection waiting list in the order that their applications are received. To qualify, potential contractors must demonstrate an intent and ability to begin construction of a facility and to complete contracting within specified time frames. They must submit a letter of application to TDHS with the following documentation: First, there must be acceptable written documentation showing the ownership of or an option to buy the land on which the proposed facility is or will be located. Second, documentation must include a letter of finance from a financial institution. Third, documentation must include a signed agreement stating that, if selected, the potential contractor will pay liquidated damages if the 180-day and/or 18-month deadline(s) described in 40 TAC sec.19.2004(q) are not met. The signed agreement must also require the potential contractor to provide, within 10 working days after the date of selection, a surety bond or other financial guarantee acceptable to TDHS ensuring payment in the event of default. If the 180-day deadline is not met, liquidated damages are 5.0% of the estimated total cost of the proposed or completed facility. If the 18-month deadline is not met, liquidated damages are an additional 5.0% of the estimated total cost of the proposed or completed facility. Fourth, there must be acceptable written documentation that the preliminary architectural plans for the proposed or completed facility have been submitted to the Architectural Section of TDHS. Each application must be complete at the time of its receipt. TDHS accepts the first qualified potential contractor on the secondary-selection waiting list. If no potential contractors submit replies during this open solicitation period, TDHS will place another public notice in the Texas Register announcing the reopening of the open solicitation period until a potential contractor replies. [graphic] Issued in Austin, Texas, on December 22, 1993. TRD-9333890 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Filed: December 22, 1993 Texas Department of Insurance Company License The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for American Health, Inc. (doing business under the assumed name of Texas American Health, Inc.), a foreign third-party administrator. The home office is in Downey, California. Application for admission in Texas for Bertholon-Rowland Corp. (doing business under the assumed name of Bertholon-Rowland Insurance Brokers), a foreign third- party administrator. The home office is in New York, New York. Application for Incorporation in Texas for Heritage Insurance Managers, Inc. , a domestic third-party administrator. The home office is in San Antonio, Texas. Application for name change in Texas for American Defender Life Insurance Company, a foreign life, accident, and health company. The proposed new name is MAMSI Life and Health Insurance Company. The home office is in Rockville, Maryland. Application for name change in Texas for Employee Benefit Plans of Oklahoma, (doing business under the assumed name of Lone Star Administrators, Inc.), a foreign third-party administrator. The proposed new name is Managed Benefit Administrators, Inc. (doing business under the assumed name of Lone Star Administrators, Inc.). The home office is in Tulsa, Oklahoma. Application for name change in Texas for Zurich Reinsurance Company of America, a foreign fire and casualty company. The proposed new name is Zurich Reinsurance Centre, Inc. The home office is in Stamford, Connecticut. Issued in Austin, Texas, on December 23, 1993. TRD-9333944 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: December 23, 1993 Texas Commission on Law Enforcement Officer Standards and Education Texas Peace Officers' Memorial Description of the Eligibility Determination Process The Texas Peace Officers' Memorial Advisory Committee considers information concerning Texas peace officers who die in the line of duty, conforming to the Eligibility Criteria Rule, sec. sec.229.1 through 229.20, published in the March 26, 1993, issue of the Texas Register (18 TexReg 1940). Information is accepted by the Director of the Memorial, in Austin, from any source and a pending file is created. Each case is researched and verified, and recommendations are made by the Director to the Committee at regularly scheduled meetings. Law enforcement agencies and families of the officers are asked to help document the life and career of each officer, as well as the fatal incident. Actions taken by the Committee are printed in the Texas Register, the officers' agencies are notified, and family members are contacted, if known and if appropriate. Each of the procedures in the eligibility process is briefly outlined below and each indicates the verification status of the individual case. CASE STATUS. Pending-Information has been received by the Director of the Memorial and research and verification is in progress. Enrollment-The facts of the case have been verified and sufficient documentation has been submitted to cause the Director to recommend to the Committee that the officer's name be registered on the Honor Roll. The Committee has taken official action consistent with the recommendation. Induction-The officer's name has been considered at a previous meeting of the Committee and was enrolled at that meeting. Upon induction, the officer is formally installed and part of the Memorial. Induction is an official action taken by the Committee on the recommendation of the Director. Memorialized-The officer's name has been inscribed on the Memorial and a dedication service has been held in the officer's name. (This procedure cannot take place until funds for the construction of the Memorial, approximately $2, 000 per name, $1,680,000 total, are obtained and the Memorial is built. The Committee urgently requests donations for this purpose.) Deferred-The facts of the case do not conform to the Eligibility Criteria Rule, the Director has informed the Committee, and the Committee has taken action consistent with the Director's recommendation. This deferment may, in some instances, be reversed if additional information or documentation is obtained. Removal-If induction has occurred or the officer has been memorialized and substantial information and documentation is obtained to indicate the action of the Committee was in error, the name of the officer is removed following the recommendation of the Director and official action by the Committee consistent with the recommendation. The Committee met on December 10, 1993, to consider the first sixteen names for enrollment. The following list shows the action taken by the Committee in each case. The Committee will meet again on March 7, 1994, to consider the fourteen enrolled names for induction and to consider other names for enrollment. Any person who has information concerning the fatal incidents or the lives and careers of the persons listed, or any Texas Peace Officer who has died in the line of duty since August 5, 1823, should contact Edward T. Laine, Director- Special Programs, Texas Commission on Law Enforcement Officer Standards and Education, 1033 LaPosada, Suite 240, Austin, Texas 78752, prior to February 7, 1994. [graphic] Issued in Austin, Texas, on December 21, 1993. TRD-9333898 Fred Toler Interim Executive Director Texas Commission on Law Enforcement Officer Standards and Education Filed: December 22, 1993 Texas Natural Resource Conservation Commission Correction of Error Texas Natural Resource Conservation Commission adopted amendments to 30 TAC sec.sec.336.1-336.6, concerning disposal of radioactive substances and source material recovery and processing. The rules appeared in the December 17, 1993, issue of the Texas Register (18 TexReg 9766). page 9769 in the header of the second table, the last line of the first column (Only) should be moved to the bottom of the fourth column. The first column should read "New Application." The fourth column should read "Restoration or Reclamation Only." page 9769 in the first column, under subsection (a)(3), the second and third lines read "...of the following items listed after..." These should read "...of the following items after..." page 9770 in the second column, under subsection (a)(1)(D), the fifth line reads "...Obtaining approval of Proposed Disposal..." The letter "a" in "approval" should be capitalized. page 9770 in the third column, under subsection (f)(1)(B), the fourth line reads "...TRCR<< Ap-..." The symbol "<<" should be removed. page 9770 in the third column, under subsection (f)(1)(b), the fourth and fifth lines read "...or subsection (f)(3) of this section." They should read "...or paragraph (3) of this subsection." Notice of Application for Municipal Solid Waste Management Facilities Attached are Notices of Applications for municipal solid waste permits issued during the period of December 27-31, 1993. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing;" a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. In the event of hearing is held, the Office of Hearings Examiners will submit a recommendation to the Commission for final decision. If no protest or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Innovex, Inc.; Lubbock; Type V (Grease and Grit Trap); 501 North Avenue K, Lubbock County, Lubbock, Texas; new; MSW2230. Issued in Austin, Texas, on December 28, 1993. TRD-9334015 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 28, 1993 Notice of Applications For Waste Disposal Permits Attached are Notices of Applications for waste disposal permits. These notices were issued during the period of December 13-December 23, 1993. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within 30 days of the date of newspaper publication of notice concerning the application(s). If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. IF one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protest or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to Kerry Sullivan, Assistant Chief Hearings Examiner, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7908. Addicks Utility District; the South Wastewater Treatment Facilities; approximately two miles north of the intersection of Interstate Highway 10 and Barker-Cypress Road and approximately 1.3 miles east of the intersection of Barker-Cypress Road and Morton Road (Groschke Road) adjacent to Morton Road (Groschke Road) in Harris County, Texas; renewal; 11696-02. Brazoria County Municipal Utility District Number Two; wastewater facilities; approximately 3,800 feet south of FM Road 3334 and approximately 1. 9 miles east of State Highway 288 in Brazoria County, Texas; renewal; 12705-01. Cantex Chemicals, Inc.; a storage and shipping terminal at an inactive nitrogen fertilizer plant; on the west bank of the Neches River, approximately three miles east of the intersection of U.S. Highway 90 and State Highway 380, and southeast of the City of Beaumont, Jefferson County, Texas; renewal; 01202. Chevron Chemical Company; a plant recycling scrap and off-specification polyethylene plastics; approximately 20 miles east of the City of Houston, Texas, and approximately 1.5 miles south of Interstate 10 on 1515 South Sheldon Road in the City of Channelview, Harris County, Texas; renewal; 01310. Chevron USA Products Company; a petroleum products terminal; at 2525 Brennan Avenue in the City of Fort Worth, Tarrant County, Texas; new; 03605. Gifford-Hill-American, Inc.; a plant which manufactures concrete pressure pipe; at 1624 Marshall Street in the City of Lubbock, Lubbock County, Texas; new; 03622. A. P. Green Industries, Inc.; a facility manufacturing refractory products. The plant site is approximately seven miles southeast of the City of Sulphur Springs on State FM Road 1870, Hopkins County, Texas; renewal; 02581. City of League City; the Countryside Wastewater Treatment Facilities; on the western bank of Magnolia Creek; approximately 1,200 feet south of Clear Creek, approximately 2,200 feet north of FM Road 518 and approximately 3.0 miles west of Interstate Highway 45 in Galveston County, Texas; renewal; 10568-03. City of Leonard; wastewater treatment facilities; approximately 300 feet west of the intersection of U.S. Highway 69 and the Missouri, Kansas and Texas Railroad, southeast of the City of Leonard in Fannin County, Texas; renewal; 10920-01. Montgomery County Municipal Utility District Number 8; the Walden Wastewater Treatment Facility; approximately six miles northwest of the City of Conroe, approximately 300 feet east of the Lake Conroe Shoreline on the north side of Old River Road in the eastern section of the Walden Subdivision in Montgomery County, Texas; renewal; 11371-01. Nueces County Water Control and Improvement District Number 4; the Mustang Island North Wastewater Treatment Facilities; approximately 1/4 mile of the intersection of Sixth Street and Avenue I, west of the City of Port Aransas in Nueces County, Texas; renewal; 10846-01. OXY Petrochemicals, Inc.; non-process areas of an organic chemical manufacturing facility; 0.5 of a mile north of Red Bluff Road in the City of Pasadena, Harris County, Texas; renewal; 03029. City of Point Comfort; wastewater treatment facilities; at the intersection of Murrah and Pease Streets, approximately 2,900 feet northwest of the intersection of FM Road 1593 and State Highway 35 in Calhoun County, Texas; renewal; 10599- 01. Remington Municipal Utility District Number One; the Remington Plant #2 Wastewater Treatment Facilities; approximately 2.3 miles due south of the intersection of U.S. Highway 290 and Barker Cypress Road in Harris County, Texas; renewal; 13328-01. City of San Marcos; the Plant Number Two Wastewater Treatment Facilities; on the north bank of the San Marcos River, approximately 4,000 feet east of the intersection of State Highway 123 and Interstate Highway 35 in the City of San Marcos, Hays County, Texas; renewal; 10273-02. San Miguel Electric Cooperative, Inc.; the San Miguel Steam Electric Station; approximately four miles east of State Highway 16 and sixteen miles south (via State Highway 16) of the City of Jourdanton, Atascosa County, Texas; renewal; 02601. Sunnyside Pork Producers doing business as Thunder Valley Farms; a swine farm; on a private road just off County Road 512, approximately 2.5 miles west of the Community of Sunnyside, Castro County, Texas; new; 03634. Texas Utilities Electric Company; the Monticello Steam Electric Station; on the east shore of Monticello Reservoir which is approximately one mile south of FM Road 127 and five miles southwest of the City of Mount Pleasant, Titus County, Texas; renewal; 01528. Chemical Waste Management, Inc. (CWMI); waste disposal well and surface facilities; located south of State Highway 73, approximately 11.5 miles west of the City of Port Arthur in Jefferson County, Texas; renewal and amendment; WDW- 160; 45-day. Pride Refining, Inc.; two inactive surface impoundments and a closed hazardous waste landfill; located north of the City of Abilene, on the east side of U.S. Highway 277 in Jones County, Texas; new; HW-50125; 45-day. Issued in Austin, Texas, on December 23, 1993. TRD-9333945 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 23, 1993 Notice of Opportunity to Comment on Permitting Actions The following applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within ten days of the date notice concerning the application(s) is published in the Texas Register. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. IF one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protest or requests for hearing are filed, the Executive Director will sign the permit ten days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to the Chief Clerk's Office, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Application by Phillips Petroleum Company, for a minor amendment to Permit Number 01852 to eliminate discharges of certain wastewaters via Outfall 001 and 003. Freeport Terminal I's domestic wastewater will be routed from Outfall 001 to Outfall 004. The permit authorizes intermittent flow variable discharges of stormwater, washwater and treated domestic wastewater. The proposed amendment will enforce more stringent requirements as needed in order to meet existing applicable rules and regulations. The Freeport Terminal I plant is at the north end of County Road 731 about one mile northeast of the intersection of County Road 713/FM Road 1495 southeast of the City of Freeport. The Freeport Terminal II plant is on the north shore of the peninsula separating the Intracoastal Waterway and Freeport Harbor (Old Brazos River Channel) and approximately two miles southwest of the City of Freeport. The Jones Creek Terminal is about 1.5 miles southeast of the Town of Jones Creek and approximately five miles west of the City of Freeport. These terminals are in Brazoria County, Texas. Issued in Austin, Texas, on December 23, 1993. TRD-9333946 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 23, 1993 Public Hearing Notices Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, sec.384.015(c), the Texas Natural Resource Conservation Commission will conduct a public hearing to receive testimony concerning the petition of the South East Texas Regional Planning Commission to create an Area Emission Reduction Credit Organization (AERCO). The petition proposes to create an Area Emission Reduction Credit Organization (AERCO) with the powers and duties specified in Texas Health and Safety Code, Chapter 384. The proposal affects the following counties: Jefferson, Orange and Hardin. A public hearing on the proposal will be held January 27, 1994, at 10:00 a. m. in the Media Room of the New Jefferson County Airport Terminal, located on the Airport Access road off of U.S. 69, between Beaumont and Port Arthur, Texas. The hearing is structured for the receipt of oral or written comments by interested persons. Interrogation or cross-examination is not permitted; however, a TNRCC staff member will discuss the proposal 30 minutes prior to the hearing and will be available to answer questions informally. Written comments not presented at the hearing may be submitted to the TNRCC Central Office in Austin through February 4, 1994. Material received by the TNRCC Marketable Permits Section by 4:00 p.m. on February 4, 1994, will be considered by the Commission prior to any final action on the proposal. Copies of the petition are available at the central office of the TNRCC, located at 12124 North IH-35, Park 35 Technology Center, Building C, Room 324 West, Austin, at the TNRCC regional offices in Beaumont located at 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703 and at the South East Texas Regional Planning Commission located at 3501 Turtle Creek Drive, Port Arthur. Please mail written comments to James Dodds, Marketable Permits Section, Air Policy Division, Office of Air Quality, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. For further information contact James Dodds at (512) 239-1119. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 475-2245. Requests should be made as far in advance as possible. Issued in Austin, Texas, on December 27, 1993. TRD-9334021 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 29, 1993 Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, sec.384.015(c), the Texas Natural Resource Conservation Commission (TNRRCC or Commission) will conduct a public hearing to receive testimony concerning the petition of the Houston-Galveston Area Council to create an Area Emission Reduction Credit Organization (AERCO). The petition proposes to create an Area Emission Reduction Credit Organization (AERCO) with the powers and duties specified in Texas Health and Safety Code, Chapter 384. The proposal affects the following counties: Harris, Fort Bend, Brazoria, Galveston, Chambers, Liberty, Montgomery and Waller. A public hearing on the proposal will be held on January 26, 1994, at 1:30 p.m. at the Houston-Galveston Area Council, Meeting Room A, located at 3555 Timmons Lane, Houston, Texas 77027. The hearing is structured for the receipt of oral or written comments by interested persons. Interrogation or cross-examination is not permitted; however, a TNRCC staff member will discuss the proposal 30 minutes prior to the hearing and will be available to answer questions informally. Written comments not presented at the hearing may be submitted to the TNRCC Central Office in Austin through February 4, 1994. Material received by the TNRCC Marketable Permits Section by 4:00 p.m. on February 4, 1994, will be considered by the Commission prior to any final action on the proposal. Copies of the petition are available at the central office of the TNRCC, located at 12124 North IH-35, Park 35 Technology Center, Building C, Room 324 West, Austin, at the TNRCC regional office in Houston located at 5555 West Loop, Suite 300, Bellaire, Texas 77401 and at the Houston-Galveston Area Council located at 3555 Timmons Lane, Houston, Texas 77027. Please mail written comments to James Dodds, Marketable Permits Section, Office of Air Quality, P. O. Box 13087, Austin, Texas 78711-3087. For further information contact James Dodds at (512) 239-1119. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 475-2245. Requests should be made as far in advance as possible. Issued in Austin, Texas, on December 20, 1993. TRD-9334022 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 29, 1993 Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, sec.382.017, (Vernon's 1992); Texas Government Code, Subchapter B, Chapter 2001 (Vernon's 1993); 30 Texas Administrative Code, sec.103.11(4) (West Publishing Company 1992) (Types of hearings); and 40 Code of Federal Regulations, sec.51.102 of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP) , the Texas Natural Resource Conservation Commission (TNRCC) will conduct public hearings to receive testimony concerning a revision to its rules and the SIP. The TNRCC proposes revisions to 30 Texas Administrative Code (TAC) Chapter 117 regarding Control of Air Pollution from Nitrogen Compounds in response to a requirement by the EPA and the 1990 Federal Clean Air Act (FCAA) Amendments for states to apply reasonably available control technology (RACT) requirements to major sources of nitrogen oxides (NO) in the following ozone nonattainment counties: Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, and Waller. The proposed revisions include: allowing companies the option to use predictive emission monitoring systems (PEMS) in lieu of continuous emission monitoring systems (CEMS); resolving a conflict between the current method of calculation of the allowable emission rate in the Source Cap and EPA's preferred method; allowing electric utilities more flexibility in complying with the oil-fired NO emission limits; requiring that electric utility gas turbines be limited to the same carbon monoxide emission limit as for industrial gas turbines; and allowing optional inclusion of replacement facilities in the plant-wide emissions averaging compliance option and mandatory inclusion in the source cap compliance option. It has also been determined that it would be administratively more efficient to propose new sec.117.223 and to propose concurrently the repeal of existing sec.117.580 concerning Source Cap, since it pertains only to commercial, institutional, and industrial sources. Other proposed changes are administrative in nature which update names and titles to reflect the organizational structure of the TNRCC, change language to conform with Texas Register style conventions, reorganize rule language for clarity, and correct typographical and other errors in the current rule. Public hearings on the proposal will be held on January 26, 1994, at 7:00 p. m. at the John Gray Institute, 855 Florida Avenue, Beaumont, and on January 27, 1994, at 11:00 a.m. in the City of Houston Pollution Control Building Auditorium, 7411 Park Place Boulevard, Houston. The hearings are structured for the receipt of oral or written comments by interested persons. Interrogation or cross-examination is not permitted; however, a TNRCC staff member will discuss the proposal 30 minutes prior to the hearings and will be available to answer questions informally. Written comments not presented at the hearings may be submitted to the TNRCC central office in Austin through January 28, 1994. Material received by the TNRCC Regulation Development Section by 4:00 p.m. on January 28, 1994, will be considered by the Commission prior to any final action on the proposal. Copies of the proposal are available at the central office of the TNRCC located at 12118 North IH-35, Park 35 Technology Center, Building E, Austin, and at the TNRCC regional office in Houston at 5555 West Loop, Suite 300, Bellaire. Please submit written comments to Randy Hamilton, Regulation Development Section, Office of Air Quality, P.O. Box 13087, Austin, Texas 78711-3087. For further information contact Randy Hamilton at (512) 239-1514. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 475-2245. Requests should be made as far in advance as possible. Issued in Austin, Texas, on December 17, 1993. TRD-9334023 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 29, 1993 Texas State Board of Pharmacy Correction of Error The Texas State Board of Pharmacy adopted an amendment to 22 TAC sec.281.48, concerning informal disposition of contested cases. The rule appeared in the December 21, 1993, issue of the Texas Register (18 TexReg 9852). On page 9852, sec.281.48(b): The word "and" should be deleted so that the text reads ..."the Administrative Procedure Act,".... Public Utility Commission of Texas The General Counsel of the Public Utility Commission of Texas Request for Comments Concerning the Staff Evaluation of the Incentive Regulation Plan Established in Docket Number 8585 The General Counsel of the Public Utility Commission of Texas (General Counsel) has established a Staff-level project (Project Number 12562), to evaluate the four-year incentive regulation plan established by the Commission's Final Order in Southwestern Bell Telephone Company's most recent full rate case, Docket Number 8585. Throughout Docket Number 8585 and thereafter, General Counsel and Staff have viewed the incentive regulation plan as an experiment, the results of which would be reviewed before committing to any similar incentive regulation plans. Although the plan does not expire until November 29, 1994, General Counsel and Staff believe that it is appropriate to begin reviewing the plan now, based upon the first three years of operation, so that the initial evaluation and any resultant recommendations will be available either prior to, or contemporaneous with, the end of the incentive regulation period. This project is being conducted pursuant to the General Counsel's investigatory authority under PURA, sec.8(c). It is not a contested case and will not require the Commission to issue a Final Order or decision. The project is designed solely for the General Counsel to accumulate and evaluate information concerning the effectiveness of the incentive regulation plan. Although any final report will represent the views of General Counsel and Staff, General Counsel invites public comments on the scope and/or focus of the evaluation. A list identifying various objectives of the plan and areas chosen for review is available for public inspection at the Commission Central Records Office, 7800 Shoal Creek Boulevard, Austin, Texas. Interested persons are invited to provide comments or suggestions on revisions or additions to the list of objectives and review areas. Any such comments should contain a reference to Project Number 12562 and should be submitted by January 24, 1994, to John M. Renfrow, Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757. Additionally, nine copies of the comments should be provided to Patrick J. Sullivan, Assistant General Counsel at the same address. Questions concerning the effectiveness of the incentive regulation plan will probably be raised in SWB's next rate case. This project is not intended to be a substitute for, or in lieu of, consideration of these questions by the Public Utility Commission in a contested case. Instead, this project will be used to help the General Counsel develop its position on issues related to the incentive regulation plan. Issued in Austin, Texas, on December 20, 1993. TRD-9333861 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: December 21, 1993 Notices 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 December 16, 1993, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.16(a), 17(e), 50, 52, and 54 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number . Application of West Texas Utilities Company to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line Within Tom Green County, Docket Number 12585 before the Public Utility Commission of Texas. The Application. In Docket Number 12585, West Texas Utilities Company requests approval of its application to construct approximately 0.39 mile of 69-kV transmission line in Tom Green County. Persons who wish to intervene in the proceeding or comment 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 December 21, 1993. TRD-9333862 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: December 21, 1993 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 16, 1993, to amend a Certificate of Convenience and Necessity pursuant to sec.16(a), 17(e), 50, 52, and 54 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number . Application of Central Power and Light Company to Amend a Certificate of Convenience and Necessity for Proposed Transmission Line with Maverick County, Docket Number 12586 before the Public Utility Commission of Texas. The Application. In Docket Number 12586, Central Power and Light Company requests approval of its application to construct approximately 4.59 miles of 138-kV transmission line within Maverick County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas at 7800 Shoal Creek Boulevard, Suite 400 North, 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 December 22, 1993. TRD-9333978 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: December 27, 1993 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Shell Oil Company, Houston, Texas. Docket Title and Number . Application of Southwestern Bell Telephone Company for Approval of Plexar-Custom Service for Shell Oil Company pursuant to Public Utility Commission Substantive Rule 23.27(k). Docket Number 12580. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for Shell Oil Company. The geographic service market for this specific service is the Houston, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458- 0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on December 21, 1993. TRD-9333863 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: December 21, 1993 Notice of Public Hearing The Public Utility Commission of Texas will hold a public meeting for the purpose of discussing with members of the public a Staff proposal for a rule on integrated resource planning for electric utilities. The meeting will be held on Monday, January 10, 1994, at 9:00 a.m. at the offices of the Public Utility Commission, 7800 Shoal Creek Boulevard, Austin, Texas 78757. All parties who are interested in this proposed rule are invited to attend. The meeting will be conducted by the Commission Staff and will not be an open meeting of the Commission. For additional information, please contact Assistant General Counsel Jess Totten, at the listed address or at (512) 458-0365. Issued in Austin, Texas, on December 17, 1993. TRD-9333841 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1993 Railroad Commission of Texas Notice of Hearing The Railroad Commission of Texas will conduct a public hearing to receive comments on proposed amendments to sec.5.233, concerning charter and special party bus service, on January 21, 1994, at 9:00 a.m., in Room 12-126 of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Written comments will be accepted through noon on January 21, 1994, and should be submitted to Hearings Examiner Carrie L. McLarty at the above address or by telephone at (512) 463-7094. The text of the proposed rule is published in the August 31, 1993, issue of the Texas Register (18 TexReg 5828). The commission invites comments on the following specific issues: 1. Each regular route carrier's specific revenues and costs for its intrastate regular route passenger service, and a designation, by revenue and costs, of those routes which are not profitable. Also, frequency of operation and average daily passenger count for each regular route in the most recent twelve-month period. 2. Each regular route carrier's specific revenues and costs for charter or special party service, its total intrastate revenues and costs, and its total system-wide revenues and costs. Also, average passenger count per trip in the most recent twelve-month period. 3. Estimates or projections by any regular route carrier on whether, and if so, why, it would cease providing all or a portion of its regular route service if the proposed rule is adopted, including such estimations or projections. Any interested person may appear and offer comments; however, questioning of persons making presentations will be reserved for the commission. Depending upon the number of persons requesting oral presentations, the commission may limit the time for individual comments. The commission may determine the order of speakers and the issues which may be presented by the speakers. The commission may decline to hear repetitive testimony. A person may not be permitted to assign a portion of his or her time to another speaker. Organizations, associations, and groups are encouraged to present their commonly held views and identical or similar comments through a single representative or member where possible. Submissions of written comments five days prior to the hearing are encouraged. Any suggestions or requests for alternative language or other revisions in the text of the proposed rule should be submitted in written form. Any person with a disability who needs auxiliary aids and/or services in order to have an equal opportunity to communicate and participate effectively in this public hearing must request such aids or services by 5:00 p.m. on January 14, 1994, by notifying the Personnel Office of the Railroad Commission by mail at P.O. Box 12967, Austin, Texas 78711-2967, or by telephone at (512) 463-7327 or TDD Number (512) 463-7284. Issued in Austin, Texas, on December 20, 1993. TRD-9333851 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP-Gas Section Railroad Commission of Texas Filed: December 20, 1993 Texas Rehabilitation Commission Intent to Award Grants On behalf on the Council as its designated state agency the Texas Rehabilitation Commission intends to award a grant to United Cerebral Palsy of Texas, Austin, Texas, to expand their efforts to implement the Technology- Learning-Collaboration (TLC) Project. The TLC Project was made possible through a grant from the U.S. Department of Education. The intent of the project is to implement a set of training strategies designed to foster service delivery practices for babies with disabilities age three years and younger. The Developmental Disabilities Assistance and Bill of Rights Act of 1990 (P. L. 100-496), authorizes funds to be provided for studies, analysis, development of model policies, and technical assistance to providers with respect to "priority area activities" adopted by the Council, and information dissemination to local, state and federal policymakers. One purpose of the DD Act is to provide assistance to states to assure that all people with developmental disabilities receive the services and other assistance and opportunities needed to achieve their potential through increased independence, productivity and integration into the community. Consistent with that purpose and with an on-going commitment to the welfare of people with disabilities and to community inclusion, the Texas Planning Council for Developmental Disabilities announces its intention to provide funds to expand the efforts otherwise available with Department of Education funding. Given the relatedness of this project to the Council's current State Plan, the direction of the new Strategic Plan, and overall discussions within the Planning and Evaluation Committee and the Council, the Council voted to approve funding of this project. Description of Project. The TLC Project is designed to coordinate with the personnel development activities of Massachusetts and Texas in implementing the Individuals With Disabilities Education Act (IDEA). The project, conceived as a capacity building project for the two states, is funded for three years, and is based on collaboration with United Cerebral Palsy Association, Early Childhood Intervention Council (ECI), the UAP at U.T. Austin, and UCP of Texas. The TLC Model is a set of training strategies designed to foster service delivery practices that result in the careful integration of readily available technology into comprehensive early intervention programs for babies with disabilities ages three years and younger, as well into the array of family support activities available to their families. United Cerebral Palsy of Texas seeks participation and support from the Texas Planning Council for Developmental Disabilities in the planning, implementation and evaluation of the Technology-Learning- Collaboration Project, and is requesting assistance for the following activities: assistance in facilitating linkages with existing Council grantees involved in ECI or assistive technology projects; access to Council mailing lists for recruitment to trainings around the state; printing of training materials, recruitment information and follow-up packets of materials; assistance with travel expenses incurred by parents attending training sessions; computer equipment for project staff; support for long distance calls on a 1-800 line; and assistance in locating accessible meeting space in various communities that is free-of-charge or low cost. Terms and Funding. The project will be funded for a 3-year period. The initial budget period will be from January 1, 1994 to May 31, 1994. The level of funding is expected to be in the range of $30,000 annually. A 25% non-federal match is requested. Continuation funding will be contingent upon satisfactory performance and will be based on an annual review of project performance by the Council staff. For information on any aspect of this announcement, contact: Lester Sanders, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 483-4084. Issued in Austin, Texas, on December 23, 1993. TRD-9333990 Charles Schiesser Associate Commissioner for Legal Services Texas Rehabilitation Commission Filed: December 28, 1993 On behalf on the Council as its designated state agency the Texas Rehabilitation Commission intends to award a grant to Advocacy, Inc., 7800 Shoal Creek Boulevard, Austin, Texas, which is the designated Client Assistance Program in Texas and as such is responsible to provide information about the Rehabilitation Act to individuals seeking or receiving services funded under the Rehabilitation Act. The Developmental Disabilities Assistance and Bill of Rights Act of 1990 (P. L. 100-496), authorizes funds to carry out systemic change, capacity building and advocacy activities which assist in developing a comprehensive system of services, supports and other assistance for individuals with developmental disabilities and their families. One purpose of the DD Act is to provide assistance to states to assure that all people with developmental disabilities receive the services and other assistance and opportunities needed to achieve their potential through increased independence, productivity and integration into the community. Consistent with that purpose and with an on-going commitment to the welfare of people with disabilities and to community inclusion, the Texas Planning Council for Developmental Disabilities announces its intention to provide funds for training to consumers and families on the Rehabilitation Act Amendments of 1992. The training will allow people to more effectively participate in the VR process and to benefit from changes in the Rehabilitation Act. Description of Project. The training project will do statewide dissemination of information about the Rehabilitation Act Amendments and will provide training to individuals with disabilities and their families. Components of the training will include: the new eligibility criteria for vocational rehabilitation; the greater flexibility in provision of supported employment; and the increased emphasis on the provision of assistive technology, transition services, personal assistance and independent living. Particular effort will be made to reach individuals who have been unserved or underserved by the rehabilitation system. The project will collaborate with the Council, the Texas Rehabilitation Commission, the Texas Commission for the Blind, and the University Affiliated Program at UT-Austin. Terms and Funding. The Project will be funded for up to 18 months. Funding for the first 12 months will be $85,000 to $100,000 and $45,000 to $50, 000 for the final six months. Total funding is not expected to exceed $150,000 and is contingent on the availability of funds. The initial budget period will be determined by the TPCDD and the grantee. Criteria for Award. Eligible applicants must have previous experience in providing information to vocational rehabilitation consumers, applicants and prospective applicants and be involved in statewide advocacy on behalf of individuals with developmental disabilities and their families. By this notice of intent, any organization may submit a desire to apply in writing on or before January 31, 1994 indicating their qualifications to carry out this activity. For information on any aspect of this announcement, contact: Lester Sanders, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 483-4084. Issued in Austin, Texas, on December 23, 1993. TRD-9333991 Charles Schiesser Associate Commissioner for Legal Services Texas Rehabilitation Commission Filed: December 28, 1993 State Securities Board Correction of Errors The State Securities Board proposed an amendment to 7 TAC sec.127.3, concerning the meaning of the term "state seal". The rule appeared in the December 7, 1993, issue of the Texas Register (18 TexReg 9039). Section 127.3-The phrase "The term" in the first line of the rule text should not be in italics. The Texas A&M University System Request for Proposal The Texas A&M University System (A&M System) requests proposals from law firms interested in representing the A&M System and its component members in certain tax matters. Description. The A&M System is composed of 17 members supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, the Permanent University Fund, the Available University Fund, grants, gifts, sponsored research and other sources of revenues, all of which may be impacted by the Internal Revenue Code and Regulations of the Internal Revenue Service. For assistance with such issues, the A&M System will engage outside counsel for review of and advice regarding tax matters including, but not limited to the following: Retirement Programs; unrelated business income tax; personal income tax issues as they relate to donors; and tax matters regarding compensation issues. The A&M System invites proposals in response to this RFP from qualified firms for the provision of such legal and tax services under the direction and supervision of the A&M System Office of the System Comptroller and Director of Administrative Reporting. Responses. Responses to this RFP should include at least the following information: a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in tax- related matters and retirement plans as they relate specifically to universities, the names and experience of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and others assigned to the project and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to the A&M System federal tax matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner, disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, representing any entity or individual with an interest adverse to the A&M System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or of willingness to comply with policies, directives and guidelines of the Texas A&M University System and the Attorney General of the State of Texas. Format and Person to Contact. Three copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8-1/2 by 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal" and addressed to Linda N. Johnson, Office of the Comptroller and Director of Administrative Reporting, Texas A&M University System, Headquarters Building, Room 419, College Station, Texas 77843-1118. Evaluation. Proposals sent in response to this RFP will be evaluated in light of several criteria. The criteria are expertise, prior experience in handling tax matters, participation of women and minorities in delivering legal services, and reasonableness of fees. Although the fee structure and overall cost of this representation will be an extremely important factor in evaluating proposals submitted in response to this RFP, the successful firm(s) will clearly demonstrate exceptional expertise and experience with the federal tax matters made the subject of this RFP, as well as a commitment to participation by minorities and women in the provision of legal services. Deadline for submission of Response. All proposals must be received by the Office of Comptroller and Director of Administrative Reporting of the A&M System at the address set forth above not later than 5:00 p.m., January 31, 1994. Issued in College Station, Texas, on December 22, 1993. TRD-9333951 Vickie Running Secretary to the Board The Texas A&M University System Filed: December 23, 1993 Texas Department of Transportation Public Notice Notice of Invitation. The Texas Department of Transportation (TxDOT), hereinafter called the department, is seeking competitive bids for a project manager on a large department automated system development project. The project is referred to as the Registration and Title System (RTS) project. It was initiated in September, 1986, and is an automated for processing motor vehicle title and registration data. The estimated total cost of the system is $33,685,000. The RTS system will be installed in approximately 400 county tax assessor-collector offices and Vehicle Titles and Registration Division (VTRD) regional office locations in all areas of the state. There are about 1,500 users of the system to be trained prior to installation. About 2,200 microcomputer workstations will be installed and connected to the central processor and data base (ABABAS) in Austin via the department's LU 6.2 SNA teleprocessing network. Schedule. Critical RTS project implementation timeframes are as follows: Phase I-February, 1994, RTS data base conversion and VTRD production; Phase II-June, 1994, implement pilot production; Phase III-November, 1994, begin full statewide implementation; Phase IV-September, 1995, end statewide implementation; and Phase V-October, 1995, begin critical enhancements. Pre-Bid Conference. A pre-bid conference is scheduled for 9:00 a.m. , January 6, 1994 at 200 East Riverside Drive, Room 207, Austin, Texas. An overview and demonstration of the RTS system will be presented. The department will read answers to questions submitted in advance. Questions shall be received by the department no later than 3:00 p.m. CTZ, on January 4, 1994. Request for Invitation for Bids and Agency Contact. The purpose of this notice is to solicit bids from interested vendors. The invitations for bid will be available from the department beginning December 22, 1993. Interested firms may request that a bid package be mailed to them by contacting the General Services Division, Attention: Varinia Gann at (512) 416-2062. Issued in Austin, Texas, on December 21, 1993. TRD-9333930 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: December 23, 1993 Texas Department of Transportation, Division of Aviation Notice of Contract Award Under the provisions of Texas Civil Statutes, Article 664-4, the Texas Department of Transportation publishes this notice of a consultant contract award for providing professional engineering services. The request for qualifications for professional engineering services was published in the September 14, 1993, issue of the Texas Register (18 TexReg 6239). The consultant will provide professional engineering services for the design and construction administration phases for the following TxDOT Project: Number 95-05-031, Dimmit County Airport. The engineering firm for these services is: P S A Engineering, 13747 Montfort Drive, Suite 204, P.O. Box 802307, Dallas, Texas 75240. The total value of the contract is $106,650 and the contract period starts on December 22, 1993, until the completion of the project. Issued in Austin, Texas, on December 27, 1993. TRD-9334038 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: December 29, 1993 Texas Workers' Compensation Commission Notice to Non-Covered Employers Effective January 1, 1994, if you are not covered by workers' compensation insurance and you employ five or more employees who are not exempt from the Act, you must report to the Texas Workers' Compensation Commission all injuries that result in more than one day lost time. You must also report any occupational disease or fatality. This requirement is established in the Texas Labor Code, sec.411.002 and sec.411.031, and in Commission Rule 164.13. Issued in Austin, Texas, on December 27, 1993. TRD-9333973 Ken Forbes Policy and Rules Administrator Texas Workers' Compensation Commission Filed: December 27, 1993