IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Commission on Alcohol and Drug Abuse Notice of Public Hearings The Omnibus Reconciliation Act of 1981 (Public Law 97-35, as amended) requires annual public hearings on the intended use of federal funds allocated under the Substance Abuse Prevention and Treatment (SAPT) Block Grant. Additionally, the state, through Texas Civil Statutes, Article 6252-13e, mandates that agencies responsible for administering block grant funds must hold public hearings in four locations once every two years as a mechanism for public input on development of the agency's budget request for the next biennium. Consistent with these mandates, the Texas Commission on Alcohol and Drug Abuse (commission) is holding public hearings in February. The purpose of these hearings is to take testimony regarding the commission's intended use of SAPT funds for fiscal year 1995 and the commission's legislative appropriations request for the 1996-1997 biennium. Specific comments will be solicited on the following issues: the intended use of public funds for substance abuse services and services for problem and compulsive gamblers; the magnitude of the substance abuse problem; and the current availability of and need for substance abuse services. At these hearings, preliminary reports of the intended use of funds for federal fiscal year 1995 (beginning October 1, 1994) will be provided. Six public hearings have been scheduled as follows: February 11, 1994, Houston, 4:00 p.m.-6:00 p.m., Houston-Galveston Area Council, 3555 Timmons Lane, Suite 500; February 14, 1994, Wichita Falls, 9:30 a.m.-11:30 a.m., Nortex Regional Planning Commission, 4309 Jacksboro Highway; February 15, 1994, Bryan, 9:30 a.m.-11:30 a.m., Brazos Valley Development Council, 1706 East 29th Street; February 21, 1994, Harlingen, 9:00 a.m.-11:00 a.m., Texas State Technical College, Conference Center Building; February 23, 1994, Kilgore, 4: 00 p.m.-6:00 p.m., East Texas Council of Governments, 3800 Stone Road; February 24, 1994, Midland, 10:00 a.m.-noon, City Council Chambers, 300 North Loraine. Representatives from the Texas Commission on Alcohol and Drug Abuse will be present to explain the planning process and consult with and receive comments from interested citizens and affected groups. All written and oral comments will be considered in the preparation of the final plan and budgets. Preliminary intended use reports can be obtained from all regional councils of government or by contacting the Texas Commission on Alcohol and Drug Abuse, 710 Brazos, Austin, Texas, 78701-2576, (512) 867-8700, contact person, Rebecca Davis. Written comments will be accepted through March 11, 1994. TCADA complies with the Americans with Disabilities Act. Spanish-language interpreters and interpreters for the hearing impaired will be provided upon request. Please contact Reagan Faulkner at (512) 867-8140 ten working days prior to the public hearing to request these services. If you are an individual with other disability and need a reasonable accommodation, please notify the commission ten days in advance of the hearing date to allow accommodations to be made. Issued in Austin, Texas, on January 19, 1994. TRD-9434959 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Filed: January 20, 1994 Summary of Public Comments on the Intended Use of Federal Funds The Omnibus Reconciliation Act of 1981 (Public Law 97-35, as amended); and Texas Civil Statutes, Article 6252-13e,sec.5(f) requires public input into state plans on the intended use of federal funds allocated under the Substance Abuse Prevention and Treatment (SAPT) Block Grant. Consistent with these mandates, the Texas Commission on Alcohol and Drug Abuse (commission) held public hearings in March at the following locations: Laredo, Abilene, Corpus Christi, Lufkin, Arlington, and Lubbock. Testimony was heard regarding the commission's intended use of SAPT block grant funds for fiscal year 1994. Comments following will address the substance abuse block grant; the magnitude of the substance abuse problem; and, the current availability of and need for substance abuse services. At these hearings, a preliminary summary of the intended use of funds for federal fiscal year 1994 (beginning October 1, 1993) was provided. Public comments were solicited for use in preparation of the final plans. All written and oral comments have been considered in preparation of the final fiscal year 1994 intended use report. A summary of the public comments follows: Most comments pertaining to alcohol and drug abuse services centered around seven areas: expansion of prevention services, increased youth services, services for singly-diagnosed clients who were formerly served by state hospitals, increased services for adult treatment and reduction of waiting lists, increased services for women, increased services to rural areas, and support for and expansion of services for persons in the criminal justice system. The first area of testimony centered on the need to increase prevention and intervention services, most specifically for youth. Requests were heard for more culturally-oriented prevention programs, for programs designed for earlier ages, and for more innovative programs for both in-school and after-school use. The need for more student assistance programs and for higher education prevention/intervention programs was also voiced, with one participant suggesting that one-third of the block grant for fiscal year 1994 be spent on prevention. Set-asides for the block grant, however, are determined by the United States Congress and not by the commission. In conjunction with the requests for increased prevention services came a second area of testimony involving youth treatment services. There is a tremendous need for treatment services for indigent youth, youth offenders, substance abusing gang members, and pregnant teenagers. The phenomenon of denial is extremely prevalent among youth, a problem that was cited by many professionals as critical to the increasing problem with youth substance abuse. Other programs for kids selling drugs, but not using them, are also greatly needed. A third, critical matter of discussion centered on the closure of state mental hospitals to singly-diagnosed substance abusers, and the subsequent lack of detoxification facilities once these programs were discontinued. TCADA has in subsequent months, contracted with community-based providers to supply detoxification and intensive residential services in most of the affected areas. Fourth, speakers in almost every city cited: a serious need for greater funding for both in-patient and outpatient treatment programs; the very serious problems that instability/inconsistency of funding creates; the serious problems in substance abuse and addiction that NAFTA may bring, as a result of more open borders; and that reimbursement rates are too low statewide. A fifth area of concern involved the need for increased services for pregnant women, women with children, and women of child-bearing ages. Speakers indicated that although many such programs have been established, more are needed as services become better known and accepted. Need for rural services, specifically youth services in rural areas, was a sixth concern. Texas is comprised of large metropolitan areas and enormous expanses of rural lands, much of which is sparsely inhabited. Substance abuse services are in short supply in rural areas, where the major drug of choice is still alcohol. Speakers representing all rural parts of Texas came to ask for increased services, particularly for youth. The seventh area involved support for expansion of the Texas Criminal Justice Initiative, including recommendations for greater public/private partnerships and for additional training for licensed chemical dependency counselors who must handle the influx of criminal justice clients in aftercare settings. Considerable opposition, however, was voiced to the criminal justice initiative's receiving any portion of the block grant. In conjunction with these hearings on the use of federal block grant funds, the commission presented an overview of the In-Prison Therapeutic Community Program (ITC) and the Substance Abuse Felony Punishment Facility Program (SAFP) . Overviews of these programs are available in writing the Texas Commission on Alcohol and Drug Abuse, 710 Brazos Street, Austin, Texas, 78701-2576. This summary of comments pertaining to the substance abuse portion of the SAPT Block Grant for fiscal year 1994 is published in response to the Omnibus Budget Reconciliation Act of 1991 (Public Law 97-35, as amended) and Texas Civil Statutes, Article 6252-13e, sec. 5(f). Issued in Austin, Texas, on January 19, 1994. TRD-9434958 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Filed: January 20, 1994 State Banking Board Notice of Hearing The State Banking Board has accepted a domicile change application from United Trust Company, Austin, Texas. The trust company proposes to relocate from 8515 Fathom Circle, Austin, Texas, to a new location at 2200 Market, Suite 1210, Galveston, Texas. The hearing officer of the Board will conduct a public hearing on this application on February 21, 1994, in Austin, Texas. Anyone who desires to become a party to the application must file a written notice of intent to appear, including a brief statement of position, with the State Banking Board, 2601 North Lamar Boulevard, Austin, Texas 78705, no later than February 11, 1994. A copy of this notice and any other correspondence must be sent to the representative of the applicants, Larry E. Temple, Attorney, 400 West 15th Street, Suite 1510, Austin, Texas 78701. If no protest is timely filed, the Board may cancel the hearing and consider the application at its next scheduled meeting. Issued in Austin, Texas, on January 14, 1994. TRD-9434901 Lynda A. Drake Director of Corporate Activities Texas Department of Banking Filed: January 19, 1994 Comptroller of Public Accounts Notices of Consultant Contract Award In accordance with the provisions of the Texas Government Code, Chapter 2254, Subchapter B, the Comptroller of Public Accounts announces this notice of consultant contract award. The consultant proposal request was published in the November 9, 1993, issue of the Texas Register (18 TexReg 8259). The consultant will perform a management and performance review of the San Marcos Independent School District, and will produce periodic progress reports and a final report containing the consultant's conclusions and recommendations. These reports shall include analyses and recommendations to contain costs, improving management strategies, to promoting better education through school administration efficiency. The contract is awarded to Neal and Associates, 4702 Fieldstone Drive, Austin, Texas 78735. The total dollar value of the contract is not to exceed $75,000. The contract was executed January 21, 1994, and extends through August 31, 1995. Neal and Associates is to present a final report on or about July 5, 1994, on conclusions reached from the services performed under said contract. Issued in Austin, Texas, on January 24, 1994. TRD-9435089 Arthur F. Lorton Senior Legal Counsel, General Law Section Comptroller of Public Accounts Filed: January 24, 1994 In accordance with the provisions of the Texas Government Code, Chapter 2254, Subchapter B, the Comptroller of Public Accounts announces this notice of consultant contract award. The consultant proposal request was published in the November 9, 1993, issue of the Texas Register (18 TexReg 8259). The consultant will perform a management and performance review of the Brownsville Independent School District, and will produce periodic progress reports and a final report containing the consultant's conclusions and recommendations. These reports shall include analyses of any problems and opportunities encountered during the conduct of the review, and the final report shall include analyses and recommendations to contain costs, improve management strategies, and to promote better education through school administration efficiency. The contract is awarded to MGT of America, Inc., doing business as/MGT Consultants, 100 Congress Avenue, Suite 2018, Austin, Texas 78701. The total dollar value of the contract is not to exceed $250,000. The contract was executed January 20, 1994, and extends through August 31, 1995. MGT of America, Inc., is to present a final report on or about July 5, 1994, on conclusions reached from the services performed under said contract. Issued in Austin, Texas, on January 24, 1994. TRD-9435097 Arthur F. Lorton Senior Legal Counsel, General Law Section Comptroller of Public Accounts Filed: January 24, 1994 Office of Consumer Credit Commissioner Interpretations Under the provisions of Texas Civil Statutes, Article 5069-2.02A(10), the consumer credit commissioner has issued the following interpretation of Texas Civil Statutes, Title 79, which interpretation was approved by the Finance Commission of Texas on January 14, 1994. Request Number 94-1. Request inquiring whether the dollar amount of a "unit property tax value" as established and defined in Senate Bill 878, Chapter 672, Acts of the 73rd Legislature, Regular Session, constitutes a tax and therefore is encompassed within the term "any taxes" as used in Texas Civil Statutes, Article 5069, Chapters 6 and 7. Summary of Interpretation : Based on the views expressed by Senator Montfort as to the legislative intent that the unit property tax value be considered a tax for all purposes and the concurrence of Comptroller Sharp, the commissioner found that the unit property tax value was encompassed in the term "any taxes" as used in Texas Civil Statutes, Article 5069, Chapters 6 and 7. The commissioner further found that the unit property tax value could be included in the cash price or shown as an itemized charge but that in either approach the amount should bear a clear and meaningful caption such as "Dealer's Inventory Tax." Issued in Austin, Texas, on January 14, 1994. TRD-9435087 Al Endsley Consumer Credit Commissioner Filed: January 24, 1994 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 and 1.05, as amended (Texas Civil Statutes, Articles 5069-1.04 and 1.05). [graphic] Issued in Austin, Texas, on January 18, 1994. TRD-9434939 Al Endsley Consumer Credit Commissioner Filed: January 20, 1994 Texas Department of Criminal Justice Request for Proposal The Texas Department of Criminal Justice (TDCJ) hereby requests all eligible interested parities to submit a proposal for the: location (in the state of Texas); design; construction and/or renovation; and the possible operation and management for the Department 1,500 or up to 2,000 State Jail beds. The purpose of the envisioned facility(ies) will be to provide the Texas Department of Criminal Justice with facility(ies) to successfully house State Jail Felony inmates as referenced in the Texas Government Code, Chapter 507. Proposals can address various operational options. The proposing party will be expected to provide for site selection, site acquisition, facility design drawings, permitting, financing and construction/renovation. All proposing parties must be capable of providing facilities and stand alone services to the specified TDCJ population which will, at a minimum, comply with state jail standards. Each site should be close enough to a county with population of 100, 000 or more to enable the Department and the confined population to have access to resources in those counties. Sealed proposals will be received by the Texas Department of Criminal Justice until noon, February 18, 1994. Such proposals must be typed or printed on standard (8 1/2 x 11") paper, pages numbered, a table of contents included, in the required format and submitted to: William J. Barry, Director of Management Services, Texas Department of Criminal Justice, P.O. Box 99 (Spur 59), Room 208, Huntsville, Texas 77340, Attention: Correctional Facility Proposal. No proposal will be accepted after the time set for receipt of proposals. A request for a copy of the request for proposal or questions relating to the request for proposal should be addressed to Bill Barry (409) 294-6451, Director of Management Services. The department may require that specific inquiries be submitted in writing. The Texas Department of Criminal Justice reserves the right to reject any or all proposals or portions of proposals received in response to this request for proposal. Submission of proposal has the effect of waiving propriety rights or confidentiality. TDCJ reserves the right to use for its benefit, ideas contained in the proposals submitted. TDCJ is not liable for any costs incurred by applicants or prospective applicants in the preparation, formulation or presentation of proposals. In case of ambiguity or lack of clarity, the department may adopt such interpretations as may be most advantageous to the department. Upon review of all proposals submitted, the Texas Department of Criminal Justice may select the most qualified party(ies), in its judgement, with whom to negotiate a final contract. Such determination will be solely at the discretion of the board. All TDCJ representations are subject to the availability and authorization of appropriations, are subject to change and do not represent an obligation on the state or TDCJ. The elevation of proposals will be based upon, but not limited to, the needs of the Texas Department of Criminal Justice to include a review of logistical concerns, operational costs and considerations, regionalization needs, staff recruitment and retention, site suitability, inmate catchment areas, community resources, programs/services, facility design, cost to construct the facility, compliance with the Request for Proposal and public support for the correctional facility. However, no single factor will be responsible for the selection. Each proposer will be responsible for holding and conducting a public hearing in the community where the facility is being proposed in accordance with Code of Criminal Procedure, Article 42.13, sec.10. Following evaluation, a short list will be developed. The Texas Board of Criminal Justice will determine the final selection of vendor. Issued in Austin, Texas, on January 24, 1994. TRD-9435100 Carl Reynolds General Counsel Texas Board of Criminal Justice Filed: January 24, 1994 General Land Office Consultant Proposal Request The Texas General Land Office (GLO) previously contracted for consultant services to obtain professional and technical assistance for the development of a draft consistency review framework and process for the Texas Coastal Management Program (CMP) and for the development of options for the organizational structural necessary to implement the program. The GLO is now requesting offers of consultant services to provide guidance and assistance with the development of a federal consistency review process and to assist in the identification of the optimum organizational structure needed to implement the CMP, taking into account the state and federal consistency review processes. Pursuant to sec.2254.021, et seq, Texas Government Code, the General Land Office is requesting offers of consulting services to assist with the development of a federal consistency review process and with the identification of the optimum organizational structure to implement the Texas Coastal Management Program. Consultant may also provide other related assistance, such as the review of draft CMP documents and environmental assessments, and regular telephone consultation, as needed by the CMP staff, through August 31, 1994. The development of the federal consistency review process will include an analysis of the processes utilized by other states to integrate the Army Corps of Engineers sec.404 permitting process into the review process. Prior experience with the processes of other states is necessary for this analysis. The identification of the optimum organizational structure must include recommendations for staffing requirements for administrative, technical, and policy staff. The requested consultant services will require an understanding of and the ability to build upon the work previously provided by Richard F. Delaney, a private consultant, under the provisions of GLO Contract Number 93-38R. It is the GLO's intent to award this contract to Mr. Delaney to obtain maximum benefit of the prior work unless a substantially better offer is submitted. The closing date for the receipt of offers of these consulting services is 5:0 p.m., February 18, 1994. Further information can be obtained by contacting Sally S. Davenport at 1700 North Congress Avenue, Room 720, Austin, Texas 78701, (512) 463-5059. The consultant selected must demonstrate extensive knowledge of the Texas Coastal Management Program, have knowledge and experience working with other federally designated Coastal Zone Management state programs, and maintain contracts within the Office of Ocean and Coastal Resource Management (OCRM), National Oceanic and Atmospheric Administration. Issued in Austin, Texas, on January 21, 1994. TRD-9435041 Garry Mauro Commissioner General Land Office Filed: January 21, 1994 Texas Department of Health Notice of Emergency Cease and Desist Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Robert M. Anderton, D.D.S. (registrant-R18968) of Carrollton to cease and desist using the Weber dental x-ray unit located in Room 4 of his facility until entrance exposure limits for intraoral x-ray procedures are brought within regulatory limits. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The registrant is further required to provide evidence satisfactory to the bureau regarding the actions taken to correct this violation and others found during a recent inspection, and the methods used to prevent their recurrence. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on January 24, 1994. TRD-9435096 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 24, 1994 Notice of Emergency Impoundment Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Exwell Logging and Perforating, Inc. of Alice to immediately surrender to the bureau for impoundment all radioactive material in their possession in Texas. The order was issued because the company no longer possesses Texas radioactive material license L04447, but was storing licensable quantities of radioactive material in an unsecured manner at its facility. The order will remain in effect until the company is issued a radioactive material license authorizing such possession and use, or has arranged for the proper disposal or transfer of the radioactive material. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on January 24, 1994. TRD-9435093 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 24, 1994 Notices of Revocation of Certificates of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code, sec.289.112), has revoked the following certificates of registration: Lee Goodman, D.V.M., Denton, R16991, January 13, 1994; Gerald L. Glasscock, D.C., Hereford, R17796, January 13, 1994; Merle C. Ewton, D.D.S., Spring, R09339, January 13, 1994; Parkway Hospital, Houston, R01744, January 13, 1994; McKee Chiropractic Clinic, Tomball, R12750, January 13, 1994. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on January 24, 1994. TRD-9435094 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 24, 1994 The Texas Department of Health, having duly filed a complaint pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code, sec.289.112), has revoked the following certificate of registration: Almeda Foot Clinic, Main Podiatry Group, Houston, R16094, January 12, 1994. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on January 24, 1994. TRD-9435092 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 24, 1994 Notice of Revocation of Radioactive Material Licenses The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code, sec.289.112), has revoked the following radioactive material licenses: Research and Diagnostic Laboratories, Inc., Houston, G01556, January 13, 1994; Houston Inspection, Inc., Houston, L04255, January 13, 1994; Darco Supply, Inc. , Houston, L04474, January 13, 1994. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on January 24, 1994. TRD-9435095 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 24, 1994 Texas Department of Human Services Public Notice-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 Crosby County, County 054, identified below, where Medicaid contracted nursing facility occupancy rates exceed the threshold (90% occupancy) in each of six months in the continuous, 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, Provider 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 5:00 p.m. February 27, 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 order in which the Texas Department of Health originally licensed the beds that are being proposed for Medicaid participation. The primary selection process will be completed on March 9, 1994. If there are insufficient available beds after the primary selection to reduce occupancy rates to less that 80%, 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 January 24, 1994. TRD-9435090 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Filed: January 24, 1994 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 Berkshire Hathaway Life Insurance Company of Nebraska, a foreign life, accident, and health company. The home office is in Omaha, Nebraska. Application for name change in Texas for The Millers Mutual Fire Insurance Company of Texas, a domestic fire and casualty company. The proposed new name is Millers Mutual Fire Insurance Company. The home office is in Fort Worth, Texas. Application for admission in Texas for National Fire and Indemnity Exchange, a foreign fire and casualty company. The home office is in St. Louis, Missouri. Issued in Austin, Texas, on January 21, 1994. TRD-9435049 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: January 21, 1994 Texas Natural Resource Conservation Commission 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 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 protests 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 latter than 20 days after the date the Executive Director signs the permit. Request 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. Issuance of certificate of adjudication number 12-5492 to T. L. Smith Revocable Trust pursuant to an agreed final judgement and decree of the 21st Judicial District Court of Bastrop County, in Cause Number 18,1762A, In Re: The adjudication of water rights in the Brazos IV Segment of the Brazos River Basin and the San Jacinto-Brazos Coastal Basin dated August 12, 1992, authorizing an impoundment of 11,315 acre-feet of water in a natural lake known as Eagle Nest Lake on unnamed tributaries of Varner's Creek and authorization to divert and use not to exceed 1,800 acre-feet of water per annum from Eagle Nest Lake for the irrigation of 580 acres of land in Brazoria County, approximately 12.5 miles northwest of Angleton, Texas. Certificate owners are also authorized to use Eagle Nest Lake for recreation purposes. Application Number 30185-S of Ha Van Nguyen doing business as Aqua Systems to purchase Austin Aqua Systems and obtain CCN in Burnet County, Texas. Application Number 30201-C of Tarkington Water Supply Corporation to amend water certificate of convenience and necessity number 11448 in Liberty County, Texas. Application Number 30303-C of Chalk Hill Special Utility District to transfer water CCN Number 11746 from Chalk Hill Water Supply Corporation in Rusk County, Texas. Application Number 23-304B by Heartland Properties III, Inc., for a amendment to certificate of adjudication number 12-304, as amended, pursuant to TWC, sec.11.122. For executive director's consideration. Applicant is the owner of 118.225 acre-feet of Class "A" water rights authorizing by certificate of adjudication number 23-304, as amended, and 220 acre-feet of Class "A" water rights authorized by certificate of adjudication number 23-306, both on the Rio Grande and in Hidalgo County, Texas. The applicant seeks to combine these two rights into 23-304, as amended. Application Number 14-1330B by J. Gordon McGill for a amendment to certificate of adjudication number 12-1330, as amended, pursuant to TWC, sec.11. 122. For executive director's consideration. Applicant seeks to authorize the use of his 295 acre-feet of water under the referenced certificate to irrigate 300 acres of land on the south side of the Concho River out of four tracts totalling 1,036.04 acres of land approximately five miles east of San Angelo in Tom Green County. Applicant also seeks to authorize diversion of the water anywhere along the south bank of the Concho River between two specific survey corners at a rate of 4,000 gpm unless diversions are occurring under Certificate 14-1330A, at which time he would divert at a maximum rate of 1,600 gpm. Application Number 23-837B by East Rio Hondo Water Supply Corporation to amend certificate of adjudication number 23-838, as amended. For executive director's consideration. Applicant seeks an amendment to change on the Rio Grande to County Irrigation District Number 2; and to change the purpose and place of use of 300 acre of Class "A" irrigation water rights to 375 acre-feet of municipal water rights in Cameron County, Rio Grande Basin, Texas. Application Number 14-5425A by Charles Trefnty to amend certificate of adjudication number 14-5425. For executive director's consideration. Applicant seeks to change the place of use of the 76 acre-feet per annum of irrigation water rights to three tracts totaling 759.4 acres of land in Colorado County approximately 9.5 miles northwest of Columbus, Texas; and change the place of diversion from that now authorized on the Colorado River to three River adjacent to the 759.4 acres of land in the Colorado River Basin. Issued in Austin, Texas, on January 20, 1994. TRD-9434993 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1994 The University of Texas System The University of Texas Health Science Center at Houston -Request for Proposal This request is submitted in accordance with the provisions of Texas Civil Statutes, Article 6252-11c, sec.6. The University of Texas Health Science Center at Houston (UTHSC-H) hereby provides a notice of invitation for offers of consulting services. The Houston- Galveston area has been designated as a severe non-attainment area for ozone levels according to the Environmental Protection Agency (EPA) National Ambient Air Quality Control Standards. The Federal Clean Air Act Amendments of 1990 mandated the establishment of an Employer Trip Reduction Program (ETRP) in certain non-attainment areas including the Houston-Galveston area. The goal of the ETRP is to raise the average vehicle occupancy (AVO) rate for Houston to 1.47. To achieve this goal each Houston Employer with 100 or more employees at a single worksite must register each site with the Texas Natural Resource Conservation Commission (TNRCC) and select a Employee Transportation Coordinator (ETC) which must be certified by the TNRCC. Each worksite must also conduct a survey of current employee commute behavior (75% minimum response is required). These survey results will be utilized as the basis for formulating a trip reduction plan, which will include descriptions of the planned evaluation and tracking methodologies which must be submitted to the TNRCC by May 15, 1995. It is anticipated that the value of this required consulting service will exceed $10,000. For further information or to obtain a complete proposal package, contact Doug Bowerman, Procurement Officer, UTHSC-H, P.O. Box 20036, Houston, Texas 77225. An original and four copies of the original proposal must be submitted to UTHSC-H prior to 3:00 p.m., on February 25, 1994. Proposals received thereafter will not be considered and will be returned unopened. Proposals should be sent to Doug Bowerman at the indicated address. Selected respondents may be requested to conduct on-site presentations, at their expense, to clarify and expand upon items provided in their bid. The UTHSC-H will evaluate all offers of consulting services received prior to the closing date based on the ability to provide evidence of experience with surveys and plans designed to produce similar results in raising the average passenger occupancy rate for vehicles arriving at the workplace. Since the survey and trip reduction plan are new requirements for Texas, there exists no record of prior experience in Texas for any consulting group. Therefore, experience in another state or states will be acceptable; however, preference will be given to a consultant whose principal place of business is within the State of Texas. Issued in Austin, Texas, on January 20, 1994. TRD-9434966 Arthur H. Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: January 20, 1994