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 Education Agency Request for Applications Concerning Even Start Family Literacy Program, 1996- 1997 Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-96-019 is authorized by Public Law 103-382, Part B of Title I of the Elementary and Secondary Education Act, as amended. Eligible Applicants. The Texas Education Agency (TEA) is requesting applications from a school district, cooperative of school districts, or regional education service center that, acting as fiscal agent, applies in partnership with a community-based organization, a public agency, an institution of higher education, or a public or private nonprofit organization of demonstrated quality; or a community-based organization, a public agency, an institution of higher education, or a public or private nonprofit organization of demonstrated quality that, acting as fiscal agent, applies in partnership with a school district or cooperative of school districts to develop a program to improve the educational opportunities of children and adults by integrating early childhood education and adult education for parents into a unified program. Description. The overall objectives of the Even Start Family Literacy Program include the following: to provide family-centered education projects that help parents become full partners in the education of their children; to assist children receiving early childhood education in reaching their full potential as learners; to provide literacy training for parents of family units participating in the project; to improve the educational opportunities of the nation's children and adults by integrating early childhood education and adult education for parents into a unified program; to assist families with parenting strategies in child growth and development and educational process for children from birth through age seven; and to coordinate efforts that build on existing community resources to create a new range of services. To qualify for this program, a family must be most in need of the Even Start services, as indicated by a low level of income, a low level of adult literacy or English language proficiency of the eligible parent or parents, and other need-related indicators. Eligible participants in this program are as follows: a parent or parents who are eligible for participation in an adult basic education program under the Adult Education Act; or a parent or parents who are within the state's compulsory school attendance age range, so long as a local education agency provides (or ensures the availability of) the basic education component; and the child or children, from birth through age seven, of the parents as described previously. The family must participate in all elements of the program. Dates of Project. The Even Start Family Literacy Program will be implemented during the 1996-1997 school year. Applicants should plan for a starting date of no earlier than September 1, 1996, and an ending date of no later than August 31, 1997. Project Amount. Funding will be provided for approximately five projects. Federal law requires that each grant be at least $75,000 per year. Funding for continuation of the project each year, for up to four years, will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the State Board of Education, the commissioner of education, and the state legislature. This project is funded 90% from Title I federal funds ($1,249,882) and 10% from nonfederal sources ($138,876). Cost sharing for the four years will be: 10% of the total cost of the program in the first year the eligible entity receives assistance; 20% in the second year; 30% in the third year; 40% in the fourth year; and 50% for any program refunded for another four years. Selection Criteria. Applications will be reviewed on a competitive basis and approved based on the ability of each applicant to carry out all requirements contained in the RFA. The TEA reserves the right to select from the highest ranking applications, programs that are representative of urban and rural areas of the state. The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response. Requesting the Application. A complete copy of RFA #701-96-019 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA number in your request. Further Information. For clarifying information about the RFA, contact Dr. Pavlos Roussos, Ms. Lilie Elizondo-Limas, Ms. Jerrylin Schmidt, or Ms. Effie Franklin, Division of Adult and Community Education, Texas Education Agency, (512) 463-9294. Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Standard Time), Monday, July 1, 1996, to be considered. Issued in Austin, Texas, on May 8, 1996. TRD-9606382 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: May 8, 1996 Texas Department of Health Extension of Comment Period/Notice of Public Hearings The Texas Department of Health (department) published a proposed amendment to 25 Texas Administrative Code sec.38.13, relating to reimbursement methodology for hemophilia factor by the Chronically Ill and Disabled Children's Services Program (CIDC) in the March 19, 1996, issue of the Texas Register (21 TexReg 2120). The department is extending the comment period on the proposed amendment through June 14, 1996. The department will be holding a public hearing on Friday, June 14, 1996, to receive comments on the proposed amendment. The hearing will be at 10:00 a.m. in Room G-107 of the Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756. Written comments on the proposed amendment should be submitted to Dr. Susan C. Penfield, Director, Children's Health Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. For more information, you may call Dr. Penfield's office at (512) 458-7111, extension 3104. Issued in Austin, Texas, on May 10, 1996. TRD-9606538 Susan K. Steeg General Counsel Texas Department of Health Filed: May 10, 1996 Notice of Award The Texas Department of Health awarded six contracts to HMOs as a result of a Request for Application for HMO participation in Medicaid managed care in Bexar and Travis County service areas which was released in November 1995. A notice of the RFA was published in the November 17, 1995, issue of the Texas Register (20 TexReg 9598). HMOs awarded contracts for the Bexar County service area are: Rio Grande HMO, 901 South Central Expressway, Richardson, Texas 75080; PCA Health Plans of Texas, 8303 Mopac Express, Suite 450-C, Austin, Texas 78759; and Community First Health Plans, 527 North Leona, Building A, Room 509, P.O. Box 7548, San Antonio, Texas 78207-0548. The contractors will be providing health care services to Medicaid recipients in the Bexar County service area, which includes the counties of Bexar, Atascosa, Comal, Guadalupe, Kendal, Medina, and Wilson. HMO's awarded contracts in for the Travis County service area are: Rio Grande HMO, 901 South Central Expressway, Richardson, Texas 75080; PCA Health Plans of Texas, 8303 Mopac Express, Suite 450-C, Austin, Texas 78759; and Foundation Health, 5525 North MacArthur Boulevard, Suite 850, Irving, Texas 75038. The contractors will be providing health care services to Medicaid recipients in the Travis County service area, which includes the counties of Travis, Bastrop, Blanco, Burnet, Caldwell, Hays, Lee, and Williamson. For more information, please contact Tom Camp, Bureau of Managed Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 794- 6838. Issued in Austin, Texas, on May 9, 1996. TRD-9606478 Susan K. Steeg General Counsel Texas Department of Health Filed: May 10, 1996 Notice of Emergency Cease and Desist Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Bee County Regional Medical Center (registrant M-00607) of Beeville to cease and desist performing mammographic examinations until all requirements are met for mammographic quality control and phantom imaging as described in Texas radiation control regulations, and reinspection of the facility confirms compliance. The bureau determined that performing mammography without an adequate quality control and phantom imaging program may subject patients to unnecessary radiation exposure, which constitutes an immediate threat to public health and safety, and the existence of an emergency. 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 May 9, 1996. TRD-9606476 Susan K. Steeg General Counsel Texas Department of Health Filed: May 10, 1996 Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Liberty Chiropractic, Liberty, R20889; James E. Baum, D.O., El Paso, R20782; Richmond Diagnostic Center of Houston, Houston, R20128; Lindale Chiropractic Clinic, Houston, R20078; Harold W. Kimmerling, M.D. and Associates, Dallas, R03305; David B. Bradley, D.C., Hurst, R10733; Conagra Fresh Meats Company, Amarillo, R19310; Integrity Imaging Systems, Haltom City, R19754; Outer Limits Light and Sound, Dallas, Z00868; Jerald L. Tennant, M.D., P.A., Irving, Z00975; AMI Brownsville Medical Center, Brownsville, Z00393; Sherdeana Owens, D.D.S., Palestine, R20938. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. 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 May 9, 1996. TRD-9606477 Susan K. Steeg General Counsel Texas Department of Health Filed: May 10, 1996 Texas Higher Education Coordinating Board Notice of Hearing A public hearing will be conducted by the Texas Higher Education Coordinating Board on Wednesday, May 22, 1996 beginning at 9:00 a.m. at the Astrohall Houston Livestock Show and Rodeo Meeting Room B, 2000 South Loop West, Houston, Texas. The purpose of the hearing is to hear the appeal of the Houston Community College System regarding the February 1996, recommendation of the Gulf Coast Higher Education Regional Council to the Commissioner of Higher Education. The recommendation did not include the allowance for Houston Community College System to offer out-of-district courses in the Missouri City/Ft. Bend Independent School District for the 1996-97 academic year. As the agreed-upon provider of such courses in Ft. Bend ISD historically, Wharton County Junior College will also be participating in the hearing. The agenda for this hearing is as follows: Introduction to the Process by Dr. Bob Lahti; Orientation by the Chair of the Hearing Committee; Presentations by Houston Community College System and Wharton County Junior College; Hearing Committee questions and answers; and closing remarks by the Chair of the Hearing Committee. For additional information please contact Dr. Bob Lahti, Assistant Commissioner for Community and Technical Colleges at (512) 483-6250. Issued in Austin, Texas, on May 8, 1996. TRD-9606473 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Filed: May 9, 1996 TexShare Grant Proposal Request The Texas Higher Education Coordinating Board invites proposals from Texas public universities and health science centers, government agencies and nonprofit organizations with expertise in the area of library automation for a grant to manage a library resource sharing program called TexShare during the period September 1, 1996 through August 31, 1997. Description of the TexShare Project. The TexShare project is a cooperative program designed to enhance resource- sharing and provide library services to Texas Council of State University Librarians (TCSUL) libraries. Fifty-two libraries are members of TCSUL, and all are located on campuses of Texas public universities and health science centers. The TexShare project involves four classes of activities: Administration; Technical Infrastructure Support; Provision of Content and Services; and Human Factors Support. TexShare Statement of Work. The following is a list of activities to be conducted under the TexShare Grant during fiscal year 1997. The Grantee may, where appropriate, issue subcontracts for specific services. Program Administration: The principal investigator for this grant should work closely with current project directors to ensure a smooth transition and continuous service to member institutions. The grantee should provide leadership for the TexShare project during the award period. He or she should be its principal spokesperson and will be responsible for implementing the program as a statewide, cooperative initiative of TCSUL libraries. The grantee will provide overall administrative support for the program, including operating a TexShare office, providing technical and financial management, reporting, communications, and coordination with member libraries. The grantee will be required to provide the Texas Higher Education Coordinating Board with written quarterly reports of TexShare activities. The grantee will provide staff and travel support to an advisory committee appointed by the Coordinating Board that will provide oversight, recommend TexShare policies, and provide guidance on operational matters. The grantee will provide leadership and support for the development and operation of existing Regional Library Materials Acquisition Councils involving all TexShare institutions. The grantee will provide leadership and support for the expanded use of the Standard Texas Higher Education Library Card that makes faculties and students enrolled in any TexShare institution eligible to use services of any TexShare library. The grantee will provide leadership and support for the standard Texas Higher Education Interlibrary Loan Protocol. Technical Infrastructure Support. The grantee will provide support to the operation of the TexShare "website." The grantee will provide information and coordination for the operation of existing ARIEL systems on TexShare campuses. TexShare institutions will be responsible for purchasing, installing, and maintaining these systems. The grantee will provide leadership and support for the statewide document delivery system that provides 24 hour delivery of documents among all TexShare libraries using the Texas Higher Education Inter-Library Loan Protocol. Provision of Content and Services. No less than $350,000 must be spent on these activities. The grantee will determine how these funds will be spent in consultation with the TexShare Advisory Committee. The grantee will update a survey of the holdings of TexShare libraries to identify information that could be shared among institutions in a cost-effective manner. The grantee will, at the appropriate time, renegotiate a statewide contract to make the Federal Register available electronically to all TexShare institutions. The grantee will, at the appropriate time, renegotiate a statewide contract to provide access to a commercial indexing service to TexShare institutions and make it available at one-fourth the cost of this service. The grantee will negotiate a statewide contract to provide electronic document delivery services to TexShare institutions and make it available to TexShare institutions at one-fourth the cost of this service. The grantee will provide compensation to TexShare institutions that provide access to local data to other TexShare institutions. Research and Development Support: The Grantee will provide support for implementing the Z39.50 standard for TexShare libraries and provide a progress report no later than January 17, 1997. Human Factors Support: The grantee will conduct no fewer than 15 one-day training programs for TexShare library professional staff at locations appropriately distributed around the state or over video networks. It is anticipated that a substantial number of these programs will be offered by TexShare member libraries under subcontracts with the grantee. The grantee will provide travel support for working groups engaged in TexShare projects. Who May Submit. Proposals will be accepted from any Texas public university or health science center, government agency or nonprofit organization with expertise in the area of library automation. Proposals must be endorsed by the proposed principal investigator and an individual authorized to make commitments on behalf of the organization. Financial Issues. A grant in the amount of $493,700 is contemplated. Two hundred thousand dollars will be transferred to the winning proposer when the grant is finalized, but no earlier than September 1, 1996. An additional $150,000 will be transferred on December 1, 1996. The balance of the grant amount will be transferred on March 1, 1997. Subsequent Grants. Pending satisfactory performance and the provision of funding for fiscal year 1998 by the Texas Legislature, it is the Board's intent to award a one year follow-on grant to the successful proposer to manage the TexShare program during the fiscal year 1998. Proposal Format. The proposal should be as succinct as possible, no longer than 30 pages. Although proposals will be accepted in any format, the following organization of project proposals is requested: Executive Summary; Description of Proposing Organization; Key Personnel to be Involved in Project; Proposed Project Activities: Technical Infrastructure Development, Provision of Content and Services, and Human Resource Development; Program Administration; Time line or Schedule; Budget and Budget Justification; and Resumes of Key Project Personnel. Selection Criteria. Proposals will be evaluated through a peer-review process and the Commissioner will award the grant. Selection criteria will include demonstrated competence to manage a project of this type; cost-effectiveness; qualifications of key personnel; and perceived effectiveness of the proposed plan for implementing the program. The Texas Higher Education Coordinating Board reserves the right to accept or reject any or all proposals submitted under this RFP and to negotiate modifications to improve the quality or cost effectiveness of any proposal. Schedule and Submission Procedures. A letter indicating intent to submit a proposal is required and must be received at the address shown as follows by May 31, 1996. Fax transmissions are acceptable. Proposals are due by 4:30 p.m. on June 28, 1996, and the award will be made on July 31, 1996. Ten copies of the proposal must be received by the Division of Research, Planning, and Finance, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, ATTN: Dr. David Gardner. For package or hand delivery, send to Room 5.212, 7745 Chevy Chase Drive, Austin, Texas 78752. Further Information. Questions may be addressed to Dr. David Gardner, (512) 483-6150 (phone), (512) 483-6147 (FAX), gardnerdd@thecb.state.tx.us (Internet). Issued in Austin, Texas, on May 8, 1996. TRD-9606458 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Filed: May 9, 1996 Texas Historical Commission Request for Consultant Services This Request for Consultant Services is filed pursuant to Texas Government Code, Chapter 2254, Subchapter B (VACS 6252-11c). Los Caminos del Rio Heritage Project (LCR) is a program of the Regional and International Heritage Programs of the Texas Historical Commission (THC). LCR seeks to complete the following projects: I. National Historic Landmark Nomination: Jesus Trevino House/Fort, San Ygnacio, 1830-1871-contributing structure, San Ygnacio National Register Historic District, 1973. Background information, photographs and literature for use in comparative analysis with other fortified structures in the region are available at LCR office. The nomination, photographs and maps shall be produced in compliance with National Park Service (NPS) regulations as stated in 36 CFR 65 and Bulletin 16. Recent samples of NHL nominations and NPS literature are available at LCR office. Nomination will include statements of national significance based on relevant NHL theme studies or comparative data that provide adequate context for judgment. II. National Register Nomination: An updated version of the 1973 National Register nomination will be completed for the San Ygnacio Historic District in accordance with the regulations of the NPS and the THC. Additional research on San Ygnacio is available for consultation at the LCR office. REVIEW PROCESS: LCR believes the Jesus Trevino Fort merits NHL designation. the nomination process information is uncovered that precludes such designation, the program director will be notified and a decision made about continuation of the nomination process. In the course of completing nominations, the program director and consultant will periodically confer with the THC or NPS staff. TIME FRAME: NHL nomination should be completed by December 31, 1996. NR nomination should be completed by May 1, 1996. MINIMUM QUALIFICATIONS: Historic preservation consultant to be experienced in surveying historic and cultural resources, preparing NR nominations, as well as NHL nominations. Consultant should include professional resume and should have the following minimum professional qualifications: a. Degree(s) in Urban Planning, History, Architecture or Architectural History b. Extensive experience in completing cultural resources surveys and National Register nominations. Familiarity with the NHL process and with the completion of NHL nominations. c. Experience in historic preservation or restoration projects. d. Demonstrated knowledge of and interest in ethnic properties and Texas-Mexico border history. BUDGET, FEES, CONTRACT RESPONSIBILITIES: Proposal will be considered in light of costs, desired project outcome, consultant expertise and references. Proposal should indicate time frames, total costs and should itemize the major cost components anticipated in the project for each of the nominations. Payment of fees will be made as each nomination is completed, reviewed by staff and invoices itemizing services are submitted. LCR will prepare the consultant agreement for the project. SUBMISSION AND SELECTION: Consultants should submit five copies of proposal to Dr. Mario L. Sanchez, Texas Historical Commission, P.O.Box 12276, Austin, Texas 78711 or 1511 West 16th Street, Austin, Texas 78701. The deadline for submittal is June 17, 1996. Selection will be made by June 28, 1996. Contact: Mario Sanchez, Texas Historical Commission,(512) 463-5754. Issued in Austin, Texas on May 10, 1996. TRD-9606494 Mario L. Sanchez Director of Programs Texas Historical Commission Filed: May 9, 1996 Texas Department of Housing and Community Affairs Request for Proposals-Border Housing Initiative Fund I. Summary. The Texas Department of Housing and Community Affairs (Department), through its Border Housing Initiative Fund (BHIF), is issuing this Request for Proposal (RFP) to announce the availability of funds for interim construction financing for the creation of single-family housing. These funds are provided to create housing for low and moderate income citizens residing in the following Texas counties located along the United States-Mexico border region: El Paso, Hudspeth, Presidio, Brewster, Terrell, Val Verde, Kinney, Maverick, Webb, Zapata, Starr, Hidalgo, Cameron and Willacy. As of the date of this RFP, the Department intends to make a minimum of $1.2 million available to eligible applicants, as defined in this RFP. II. Definitions. The following words and terms, when used in this document, shall have the following meanings, unless the context clearly indicates otherwise. Board-The governing board of the Texas Department of Housing and Community Affairs. Eligible Homebuyers-Moderate, low income or very low income buyers who have not owned a house in the last three years. Low-Income Households-households whose annual incomes do not exceed 80% of the median income of the area, as determined by HUD, with adjustments for family size. HUD-U. S. Department of Housing and Urban Development. Moderate Income Households-households whose annual incomes do not exceed the median income of the area, as determined by HUD, with adjustments for family size. Administrator-An entity that has executed an agreement with the Department to administer a BHIF Program. Very Low-Income Households-Households whose annual incomes do not exceed 60% of median income of the area, as determined by HUD, with adjustment for family size. II. Eligible Activities. Funds are available for new construction of single- family residences-contiguous or non-contiguous. (Note: Funds for down payment and closing cost assistance for low and very low income homebuyers are available for eligible applicants through the HOME Investment Partnerships Program - Homebuyer Assistance Activity.) III. Eligible Applicants. (1) Local Units of Government (2) Non-Profit Organizations (3) State-Certified Community Housing Development Organizations (4) For-Profit Entities and/or Sole Proprietors (5) Public Housing Agencies IV. Program Design. This program is designed to be an ongoing program of construction funds. As the construction loans are repaid by permanent financing, the proceeds are placed into a revolving account for each Administrator to continue the construction of new single-family units for the term of the contract. (1) The applicant must identify: (a) local builders and financial institutions interested in participating in the program, (b) lots and/or parcels of land, and (c) ways to reduce, or work with the city government to reduce, the local municipal building fees to make the properties more affordable. (2) The amount of funding will depend on the cost estimates provided by the builder and the number of units proposed. (3) Financial Institution responsibilities will include: (a) providing interim construction financing in a like amount to match the funds awarded by the Department and (b) originating and administering the individual loans to the builders for construction of the properties, at the direction of the Administrator, including the origination of loan documents, inspection of the construction and draw funding, and final payment of the loan and release of lien. (4) The Financial Institution may charge an interest rate negotiated between the Administrator and the Financial Institution, and approved by the Department. (5) Builder/Developer responsibilities will include: creating plans, specifications, and cost estimates for properties that vary in size and design, that range in sales price to meet the needs of the targeted market, and that include barrier free designs. (6) The Builder may be required to develop the site into buildable lots, or another developer may be chosen to perform these duties. (7) Properties must, at a minimum, meet Section 8 Housing Quality Standards, local code, and the model energy code. (8) The Department will monitor the Administrators for compliance through the HOME Program staff. (9) All homes must be sold to eligible homebuyers as defined in this RFP. (10) Homes constructed under this program must contain the following design features for accessibility: A. There must be an accessible route into the residence, through the passage of a door no less than 3'-0", which would require the elimination of any steps. B. All interior doors must be a minimum of 2'-630" in width to accommodate a wheelchair. This would especially include bath and closet areas. C. Light switches, convenient outlets and electrical panel breaker boxes must be located so as to be accessible to all. The preferable location of the panel boxes should be on a inside wall with accessible wheelchair route. D. During the framing of the residence, continuous wood blocking will be installed at tub/shower and toilet areas for the future installation of grab bars. V. Application Process. Those interested in applying for the Border Housing Initiative Fund may request an application from the Department by calling (512) 475-4606 or (512) 475-2865 or by sending a written request to Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941. All information provided will then be reviewed by Department Staff. Staff recommendations will be presented to the Board for approval. Submission of applications, questions or requests for additional information may be directed to Joe B. Mann, HOME Program Manager, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941, (512) 475-2865. Submissions of proposals for housing activities under this part of the Border Housing Initiative Fund must be received by the Department by 5:00 p.m., 60 days from the date of publication of this RFP. Applications received after that time, incomplete applications, and applications containing false information will not be considered. VI. Terms and Conditions. This RFP is subject to the following specific conditions, terms, and limitations: (1) Neither Department nor any party involved in the issuance of this RFP shall pay for any costs or losses incurred by a respondent at any time, including the cost of responding to this RFP. (2) Department reserves the unqualified right to modify or suspend any and all aspects of the qualification and selection process, including, but not limited to, this RFP, and all or any portion of the applicant qualification and selection process in or subsequent to the RFP; to obtain further information from any prospective applicant; to waive any defects as to form or content or reject any or all responses submitted. (3) Submission of a response to this RFP shall not create any rights on the part of the respondent or any obligation or liability to respondent on the part of the issuers of the RFP. (4) There shall be no rights on the part of the respondent in connection with this RFP, and there shall be no obligation or liability to the respondent on the part of any of the issuers of this RFP, their directors, officers, shareholders, employees, subsidiaries, units of government, assigns, designees, consultants or agents in connection with this RFP. (5) This RFP and any other information provided by or through Department are provided for reference purposes only and neither Department nor any other entity connected with this RFP make any representations as the their accuracy or can be held liable for inaccuracies. Issued in Austin, Texas on May 13, 1996. TRD-9606579 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: May 13, 1996 Texas Department of Human Services Notice of Public Hearing-Fingerprint Imaging Policy The Texas Department of Human Services (TDHS) will conduct a public hearing to receive comments on the department's Fingerprint Imaging Policy. The public hearing will be held on June 7, 1996 at 9:00 a.m. in the Public Hearing Room of the John H. Winters Center (701 West 51st Street, Austin, Texas, First Floor, East Tower, Room 100). Contact Person: Please contact Rita King, M/C W-312, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4148. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Rita King (512) 438-4148 by June 3, 1996 so that appropriate arrangements can be made. Issued in Austin, Texas, on May 9, 1996. TRD-9606447 Glen Scott General Counsel Texas Department of Human Services Filed: May 9, 1996 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration. Application for incorporation in Texas for Valley Life Insurance Company, a domestic life, accident and health company. The home office is in Houston, Texas. Application for a name change in Texas for Western Alliance Insurance Company, a foreign fire and casualty company. The proposed new name is ZC Specialty Insurance Company. The home office is in Stamford, Connecticut. Application for a name reservation in Texas for WellChoice, assumed name for Comprehensive Health Services of Texas, a domestic health maintenance organization. The home office is in San Antonio, Texas. Application for a name reservation in Texas for The Wellness Plan of Texas, assumed name for Comprehensive Health Services of Texas, a domestic health maintenance organization. The home office is in San Antonio, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on May 10, 1996. TRD-9606572 Alicia M. Fechtel General Council and Chief Clerk Texas Department of Insurance Filed: May 13, 1996 Notice of Public Hearings The Commissioner of Insurance will hold a public hearing under Docket Number 2227 on June 27, 1996 at 11:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing the adoption of amendments to the Homeowners Section, Dwelling Section, Farm and Ranch Owners Section, and Farm and Ranch Section of the Texas Personal Lines Manual to revise the Rate and Premium Calculation Rules (Rule VI-L in the Homeowners Section, Rule VI-H in the Dwelling Section, Rule VI-K in the Farm and Ranch Owners Section and Rule VI-J in the Farm and Ranch Section), and to repeal the Rounding of Premium Rules (Rules VI-E in the Homeowners Section and Farm and Ranch Owners Section, Rule VI-G in the Dwelling Section, and Rule VI-I in the Farm and Ranch Section). These rules relate to the calculation of premiums and rates for residential property insurance. The petition proposes the adoption of amendments to the existing Rate and Premium Calculation Rules (Rule VI-L in the Homeowners Section, Rule VI-H in the Dwelling Section, Rule VI-K in the Farm and Ranch Owners Section, and Rule VI-J in the Farm and Ranch Section) in the Texas Personal Lines Manual to specify through detailed narrative and example the method for calculating homeowners, dwelling, farm and ranch owners, and farm and ranch insurance premiums. The proposed rule amendments outline on a step-by-step basis the method to be used to calculate such premiums. The proposed rules for each section require the same computation method with the exception that the proposals for the Homeowners Section and the Farm and Ranch Owners Section provide for separate computation methods for determining the basic premium and other premiums shown separately on the policy. Each of the proposed rules specifies that the premium computation begins with the benchmark base premiums, premium charts, and rates in effect at the policy inception date for each of the policy forms. The proposed rules require that factors and multipliers be applied on a consecutive basis and that the resulting premium of each intermediate step in the computation process be rounded to the third decimal place. The final step specified in the computation process for determining the premiums shown separately on the policy is to round the final premium to the nearest whole dollar. It is also proposed that the rules include a provision to require that any pro rata factor or policy term factor be applied before rounding each resulting premium shown separately on the policy. The proposed rules include an example to demonstrate the application of the proposed computation method. The petition requests the repeal of the existing Rounding of Premium Rules (Rules VI-E in the Homeowners Section and Farm and Ranch Owners Section, Rule VI-G in the Dwelling Section, and Rule VI-I in the Farm and Ranch Section) in the Texas Personal Lines Manual because the substance of these rules is incorporated into the proposed rules, and therefore these rules are no longer necessary. In each section of the Texas Personal Lines Manual, the Rounding of Premium Rules and the Rate and Premium Calculation rules are separate rules that must be read together to calculate residential property insurance premiums. According to the staff petition, the proposed rule amendments are necessary to combine these rules into a single rule in each section of the Manual to provide a detailed step-by-step computation method to prevent possible confusion in determining residential property insurance premiums. In addition, the proposed rules clearly specify that only the final premium for each premium shown separately on the policy, regardless of the policy term, is rounded to the nearest whole dollar. This approach, according to the petition, will assure greater uniformity in residential property insurance premium computation and will foster fairness and consistency in the market to benefit both policyholders and insurers. Staff requests that the proposed amendments be adopted to apply to all Homeowners, Dwelling, Farm and Ranch Owners, and Farm and Ranch insurance policies issued on or before November 1, 1996. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96, 5.98, and 5.101. Copies of the full text of the staff petition and the proposed rule amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6326 (refer to Reference Number P-0596-17-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P. O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to David Durden, Deputy Commissioner for Property and Casualty Lines, P. O. Box 149104, MC104-5A, Austin, Texas 78714- 9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Issued in Austin, Texas, on May 10, 1996. TRD-9606588 Alicia M. Fechtel General Council and Chief Clerk Texas Department of Insurance Filed: May 13, 1996 The Commissioner of Insurance will hold a public hearing under Docket Number 2228 on June 27, 1996 at 9:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing the adoption of amendments to the Texas Automobile Rules and Rating Manual to revise Rule 7, Premium Computation, and to incorporate the provisions of Rule 8, Factors and Multipliers, and Rule 9, Rounding Rule, into amended Rule 7. These three rules relate to the calculation of premiums and rates for automobile insurance. The staff petition also proposes the repeal of existing Rules 8 and 9 because the substance of these rules is incorporated into the proposed amendments to Rule 7 and are no longer necessary. The petition requests an amendment to Rule 7, Premium Computation, in the Texas Automobile Rules and Rating Manual to clearly specify through narrative and example the method for calculating automobile insurance premiums. Rule 7 is amended to outline on a step-by-step basis the method to be used to calculate the premium for each peril, coverage, and exposure for which a separate premium is shown on the policy. Step A of proposed Rule 7 incorporates part A of existing Rule 7 to provide that the computation shall begin with the benchmark premium or rate and specifies the premium tables and rates to be used based on the policy term. Under the proposed rule, the substance of existing Rule 8, which addresses the application of factors or multipliers on a consecutive basis, is incorporated as Step B of proposed Rule 7 in the calculation method. Existing Rule 9, which addresses the rounding of rates and premiums, is incorporated as Step C in the proposed calculation method and is amended for clarification. Step C provides that, for all intermediate calculations, insurers are to apply factors or multipliers and round the result of each step to three decimal places, unless otherwise provided by a specific Manual rule. In addition, Rule 7 is amended to add Step D to require that the policy term factor be applied to the resulting premium calculated in Step C. This requirement supersedes any contrary provisions in the Manual. Rule 7 is also amended to add Step E to clarify that only the final premium for each peril, coverage, or exposure for which a separate premium is calculated is rounded to the nearest whole dollar. Under the proposed rule, this rounding to the nearest whole dollar shall occur only once in the premium computation in determining the final premium for each peril, coverage, or exposure. Step E also provides that this rounding of the resulting final premium to the nearest whole dollar shall not apply to the resulting final premium for towing and labor costs. The proposed amendments to Rule 7 also include an example to demonstrate the application of the proposed premium computation method. According to the staff petition, the proposed amendments are necessary because the existing rules on Premium Computation (Rule 7), Factors or Multipliers (Rule 8), and Rounding Rule (Rule 9) are confusing and unclear, causing insurers to apply the rules differently in calculating automobile insurance premiums. Some insurers are rounding the annual automobile policy premiums to the nearest whole dollar and rounding again to the nearest whole dollar after applying the six- month term factor. In addition, insurers use different approaches in rounding the results of intermediate calculation steps when determining an automobile insurance premium. Some insurers round intermediate calculation results to three decimal places while other insurers round these results to two decimal places. This difference in rounding procedures is caused by the confusing wording of the existing rounding rules. For example, the rules require final rates to be rounded to three decimal places; the rules contain examples of premiums rounded to two decimal places; and the rules do not directly address the rounding of intermediate calculations. This confusion is compounded by the absence of definitions of "rate" and "premium" in existing Manual rules, causing insurers to be inconsistent in rounding rates and premiums. As a result, a policyholder may be paying a different premium from that of another policyholder based solely on the insurer's premium computation method. The petition states that the amendments to Rule 7 clearly outline the proper method of computing automobile insurance premiums through detailed narrative and example. In addition, the petition indicates, that Rule 7 is amended to clearly specify that only the final premium for each peril, coverage, or exposure is rounded to the nearest whole dollar. The adoption of the proposed amendments will introduce greater uniformity in premium computation and will eliminate the confusion in the existing rules. Also, the application of the proposed premium computation rule will foster fairness and consistency in the market and will benefit both policyholders and insurers. Staff requests that the proposed amendments be adopted to apply to all automobile insurance policies issued on or before November 1, 1996. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96, 5.98, and 5.101. Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6326 (refer to Reference Number A-0596-18- I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to David Durden, Deputy Commissioner for Property and Casualty Lines, P.O. Box 149104, MC104-5A, Austin, Texas 78714- 9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Issued in Austin, Texas, on May 10, 1996. TRD-9606593 Alicia M. Fechtel General Council and Chief Clerk Texas Department of Insurance Filed: May 13, 1996 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for incorporation in Texas of First Choice Chiropractic, Inc., a domestic third party administrator. The home office is Houston, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107- 5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on May 13, 1996. TRD-9606571 Alicia M. Fechtel General Council and Chief Clerk Texas Department of Insurance Filed: May 13, 1996 Texas Natural Resource Conservation Commission Applications for Standby Fees The following are Notices of Applications to Levy Standby Fees issued on May 6,1996. The nature and purpose of standby fees is to distribute a fair portion of the cost burden for operation and maintenance of the District facilities and for financing capital costs of the District facilities to owners of property who have not constructed improvements but have water, wastewater or drainage facilities or capacity available. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 19 has applied to the TNRCC for authority to adopt and impose non-uniform operation and maintenance standby fees on undeveloped property in the District for a three-year period beginning in 1996 and ending in 1998. The application has been executed by the Board of Directors of the District. The District was previously granted authority to levy uniform operation and maintenance standby fees for the calendar years 1993 through 1995 in Riverwood Village, Section One. The District's application requests authorization to levy standby fees on unimproved property in the District as follows: $52 per year per equivalent single family connection (ESFC) in Riverwood Village Section One and Section Three and $25 per year per ESFC on the other 124.634 unimproved acres not in Riverwood Village Section One or Section Three. NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 12 has applied to the TNRCC for the authority to adopt and impose standby fees on undeveloped property in the District for a three-year period beginning calendar year 1996 and ending in 1998. The application has been executed by the Board of Directors of the District. The District was previously granted authority to levy non-uniform operation and maintenance standby fees for the calendar years 1993, 1994 and 1995 in Westfield Village Section One and in Westfield Pines Section One. The District's application requests authorization to levy uniform standby fees on unimproved property in the District at $209.50 per year per equivalent single family connection (ESFC) in Westfield Village Section One, in Westfield Pines Section One, and in Westfield Pines Section Two. The Commission may approve the standby fee as requested or it may approve a lower standby fee, but it will not approve a standby fee greater than that requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of the obligation on transfer of title to the property. On January 1 of each year, a lien attaches to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The Executive Director is authorized to act on behalf of the TNRCC and issue final approval on certain applications. The Executive Director will act on these applications unless a written hearing request that includes the following information is filed within the 30 days after the first newspaper publication of the particular notice: (1) the name, mailing address and daytime phone number of the person requesting the hearing; (2) the name of the District; (3) the statement "I/we request a public hearing"; and (4) a brief description of how the person for whom the hearing is being requested would be adversely affected by the approval of the application in a way not common to the public. A hearing request by a group or association must meet certain additional requirements that may be obtained from the Chief Clerk at the address and telephone number listed below. If a hearing request is filed, the Executive Director will not act on the application and will forward the application and hearing request to the TNRCC Commissioners for consideration at a scheduled Commission meeting. Requests for a hearing must be submitted in writing during the 30-day notice period to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711, (512) 239-3315. Written comments may also be submitted to the Chief Clerk's office during the notice period. For information concerning technical aspects of the application, contact Water Utilities District Administration (Mail Code 152) at the same Commission P.O. Box address or by at (512) 239-6161. For information concerning hearing procedures or citizen participation, contact the Office of the Public Interest Counsel (Mail Code 103), at the same Commission P O Box address or by at (512) 239-6363. Issued in Austin, Texas, on May 10, 1996. TRD-9606511 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: May 10, 1996 Notice of Application for Permits to Appropriate Public Waters of the State of Texas The following notices of application for permits to appropriate Public Waters of the State of Texas were issued during the period April 24-April 29, 1996 J. H. UPTMORE AND ASSOCIATES, INC.; Application Number 5549 for a permit pursuant to sec.11.121, Texas Water Code, and TNRCC Rules 30 TAC sec.sec.295.1, et seq for authorization to maintain two existing dams and reservoirs (Reservoir Number 1 and Reservoir Number 2) on Potranco Creek, tributary of the Medina River, tributary of the San Antonio River, San Antonio River Basin. Applicant also seeks to divert not to exceed a total of 2,250 acre-feet of water per annum from: (A) the perimeter of each of the two reservoirs (Number 1 and Number 2); (B) an existing reservoir on Polecat Creek, tributary of the Medina River, tributary of the San Antonio River, San Antonio River Basin, and (C) directly from the Medina River, tributary of the San Antonio River, San Antonio River Basin. Diverted water will be used to irrigate 750 acres of land out a total of 1,482 acres located within 9 tracts in Bexar County, Texas. KING FISHER and wife JEWEL FISHER; Application Number 21-3178A to amend Certificate of Adjudication Number 21-3178 pursuant to sec.11.122, Texas Water Code, and TNRCC Rules 30 TAC sec.295.1, et seq. Certificate of Adjudication Number 21-3178 was issued on May 11, 1984 to King Fisher and wife, Jewel Fisher and authorized, with a time priority of July 9, 1953, the impoundment of two acre-feet of water in an existing reservoir on the Sabinal River, tributary of the Frio River, tributary of the Nueces River, Nueces River Basin, in Bandera County, Texas. The certificate also authorized diversion and use of not to exceed ten acre-feet of water per annum from the perimeter of the reservoir at a maximum rate of 1.00 cfs (449 gpm) to irrigate a maximum of 56 acres of land out of a 56.25 acre tract located in Bandera County, Texas. Applicants seek to amend this certificate by: (1) increasing annual diversions from the perimeter of the reservoir from 10 to 40 acre-feet of water; and (2) increasing maximum diversion rate from 450 gpm (1.0 cfs) to 1,000 gpm (2.23 cfs). EDWARD COUFAL; Application Number 5548 for a permit pursuant to sec.11.121, Texas Water Code, and TNRCC Rules 30 TAC sec.295.1, et seq to divert 50 acre- feet of water per annum from Daily Branch, tributary of Little Elm Creek, tributary of Big Elm Creek, tributary of the Little River, tributary of the Brazos River, Brazos River Basin. Diverted water will be used to irrigate 80 acres of land out of a 96.8 acre tract of land within the Maximo Moreno Survey, Abstract Number 14, Bell County, Texas. The land to be irrigated is approximately 15 miles east of Belton in Bell County, Texas. The Executive Director will act on these applications unless a written hearing request that includes the following information is filed within 30 days after newspaper publication of the notice of application: (1) the name, mailing address, and daytime phone number of the person requesting the hearing; (2) the name of the applicant and the application number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; and (5) the location of your property relative to the applicant's operations. If a hearing request is filed, the Executive Director will not act on the application and will forward the application and hearing request to the TNRCC Commissioners for consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. Requests for hearing must be submitted in writing during the 30-day notice period to the Chief Clerk's Office, MC105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-3315. Issued in Austin, Texas, on May 10, 1996. TRD-9606510 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: May 10, 1996 Notice of Applications for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of May 6-May 10, 1996. 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 (1) your name, mailing address and daytime phone number; (2) the permit number or other recognizable reference to this application; (3) the statement "I/we request a public hearing;" (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; (5) a description of the location of your property relative to the applicant's operations; and (6) 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 a hearing is held, the Office of Hearings Examiners will submit a recommendation to the Commission for final decision. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after newspaper 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, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. AMERICAN CHROME AND CHEMICALS, L.P., P.O. Box 9912, Corpus Christi, Texas 78469; a chromium chemicals manufacturing plant; the plant site is 0.7 miles north of Interstate 37 on Buddy Lawrence Drive in the extra territorial; jurisdiction of the City of Corpus Christi, Nueces County, Texas; renewal; Permit Number 00349. BROOKSHIRE MUNICIPAL WATER DISTRICT, P.O. Box 356, Brookshire, Texas 77423; the wastewater treatment plant is immediately south of Interstate Highway 10 and approximately 500 feet west of Brookshire Creek in Waller County, Texas; renewal; Permit Number 10001-01. CITY OF LIBERTY, 1829 Sam Houston, Liberty, Texas 77575; the wastewater treatment plant is approximately 0.5 mile west of the intersection of FM 2684 and FM 3361, south of the City of Liberty County, Texas; renewal; Permit Number 10108-01. BILLY M. MOTT doing business as FOREST HILLS WATER SYSTEM, P.O. Box 47, Sam Rayburn, Texas 75951; the Forest Hills Wastewater Treatment Plant; the plant site is approximately 400 feet south of Recreational Road 255 and approximately five miles west of the intersection of Recreational Road 255 and U.S. Highway 96 in Jasper County, Texas; renewal; Permit Number 10998-01. TEXAS PARKS AND WILDLIFE DEPARTMENT, 4200 Smith School Road, Austin, Texas 78744; the A. E. Wood State Fish Hatchery; the facility is adjacent to FM Road 621 and approximately one mile east of the intersection of FM Road 621 and State Highway 123 in the City of San Marcos, Hays County, Texas; new; Permit Number 03881. UNION CARBIDE CORPORATION, P.O. Box 186, Port Lavaca, Texas 77979; a plant which manufactures organic chemicals, plastics, and industrial gases; the plant site is on the east side of State Highway 185 approximately 8,000 feet south of the intersection of State Highway 185 and State Highway 35 and approximately eight miles north of the City of Seadrift, Calhoun County, Texas; amendment w/renewal; Permit Number 00447. CITY OF WHARTON, 101 West Burleson Street, Wharton, Texas 77488; the Wharton Wastewater Plant Number 1 Wastewater Treatment Facilities; the facilities are on the east bank of the Colorado River approximately 0.8 miles south-southwest of the intersection of State Highway 60 and FM 1299 (East Street) in Wharton County, Texas; renewal; Permit Number 10381-01. ACME BRICK COMPANY, The applicant will operate the Garrison Clay Mine, The plant site is on Highway 95 approximately 1.6 miles northwest of the intersection of Highway 95 and Highway 59 in the City of Garrison in Nacogdoches County, Texas, new, 03888. CITY OF FRANKLIN, The wastewater treatment facilities are approximately 1, 000 feet southeast of U.S. Highway 79 and one mile southwest of the intersection of U.S. Highway 79 and FM 46 in the City of Franklin in Robertson County, Texas, amendment, 10440-01. TEXAS A&M UNIVERSITY, The wastewater treatment facilities are on the south portion of Texas A&M University Research and Extension Center (formerly Bryan Air Force Base), approximately three miles southeast of the intersection of State Highway 21 and FM 50 in Brazos County, Texas, amendment, 10968-02. STEVE VANDERMEER, The dairy is approximately ten miles southeast of Stephenville. It is four miles south of U.S. Highway 67 on the east side of Country Road 290; the intersection of U.S. Highway 67 and County Road 290 is approximately seven miles southeast of the intersection of U.S. Highway 281 and U.S. Highway 67 in Erath County, Texas, renewal, 03190. CITY OF OGLESBY, The wastewater treatment facilities are approximately 1.25 miles south of the intersection of U.S. Highway 84 and FM 1996 in Coryell County, Texas, renewal, 10914-01. CITY OF SKELLYTOWN, The wastewater treatment facilities are approximately 0. 25 mile west of State Highway 152 at a point approximately 1.0 mile northwest of the intersection of FM Road 294 and State Highway 152 in Carson County, Texas, renewal, 10283-01. BAROID MANAGEMENT COMPANY, The wastewater treatment facilities are at 3000 North Sam Houston Parkway East, approximately 2.5 miles west of U.S. Highway 59, on Morales Road and approximately 2,000 feet south of the Sam Houston Parkway in Harris County, Texas, renewal, 12046-01. SOUTHWEST INDEOPENDENT SCHOOL DISTRICT, The wastewater treatment facilities and the disposal site are on the west side of Pearsall Road approximately 1, 000 feet southwest of the intersection of State Highway 2536 (Pearsall Road) and Shepherd Road and south of Barker Lane in Bexar County, Texas, new, 13827-01. Issued in Austin, Texas, on May 10, 1996. TRD-9606512 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: May 10, 1996 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions May 13, 1996 The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report (EDPR) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the Executive Director of the TNRCC pursuant to the Act, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 15, 1996. The TNRCC will consider any written comments received and the TNRCC may withhold approval of a Default Order if a comment indicates the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Additional notice will not be made if changes to a Default Order are made in response to written comments. A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these Default Orders should be sent to the Staff Attorney designated for each Default Order at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 15, 1996. Written comments may also be sent by facsimile machine to the Staff Attorney at (512) 239-3434. The TNRCC Staff Attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing. (1) COMPANY: Aero Chrome Services, Inc.; DOCKET NUMBER: 96-0514-AIR-E; ACCOUNT NUMBER: BG-0606-H; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: aircraft engineer cylinder plating plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a) by the construction and operation of the plant without first obtaining a permit or qualifying for a standard exemption; OPENALTY: $5,650; STAFF ATTORNEY: Lisa Newcombe, (512) 239- 2269; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232- 5042, (210) 490-3096. (2) COMPANY: B & S Properties; DOCKET NUMBER: 96-0516-AIR-E; ACCOUNT NUMBER: WH-0127-E; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: sandpit operation; RULE VIOLATED: 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b) by discharging from the sandpit operation an air contaminant (dust) in such concentration and of such duration that is or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; OPENALTY: $6,000; STAFF ATTORNEY: Lisa Newcombe, (512) 239-2269; REGIONAL OFFICE: 209 South Danville, Suite 200B, Abilene, Texas 79605, (915) 698-9674. Issued in Austin, Texas, on May 13, 1996. TRD-9606592 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 13, 1996 Notice of Opportunity to Comment on Permitting Actions for the Week ending May 10, 1996 The following applications will be signed by the Executive Director in accordance with 30 TAC sec.263.2, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain uncontested 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 (1) your name, mailing address and daytime phone number; (2) the permit number or other recognizable reference to this application; (3) the statement "I/we request a public hearing"; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; (5) a description of the location of your property relative to the applicant's operations; and (6) 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 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 (Mailcode 105), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. E. I. DU PONT DE NEMOURS AND COMPANY for a minor amendment to Permit Number 00473 in order to allow modification of the biomonitoring requirements. The permit currently authorizes a discharge of process wastewater and stormwater at a volume not to exceed an average flow of 10,200,000 gallons per day via Outfall 001 and an intermittent, flow variable discharge of stormwater via Outfalls 002- 006, which will remain the same. The company operates a petrochemical plant complex which produces organic and inorganic chemicals. The plant site is on State Highway 347 immediately south of the south city limit of the City of Beaumont and on the west bank of the Neches River in Jefferson County, Texas. CITY OF GRAPEVINE for a minor amendment to Permit Number 10486-02 to modify provision 6 of the existing permit which requires the permittee to conduct a study to quantify and determine the impact of the nutrients in Segment No. 0826. The current permit authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 3,750,000 gallons per day, which will remain the same. The wastewater treatment facilities are immediately northwest of the intersection of North Scribner and Shady Brook Road in Grapevine in Tarrant County, Texas. Application Number 23-2697B BY THE ESTATE OF FRED BRUNI FOR AN AMENDMENT TO CERTIFICATE OF ADJUDICATION NUMBER 23-2697, AS AMENDED, PURSUANT TO TWC sec.11. 122. Applicant seeks authorization to amend the Certificate by changing the use of 125 acre-feet of mining water to its original use of 125 acre-feet of Class B irrigation water. Applicant intends to apply the water to the lands authorized in the original Certificate, which are located in Webb County. (MIKE HOWARD). Issued in Austin, Texas, on May 10, 1996. TRD-9606509 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: May 10, 1996 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions May 13, 1996 The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Health and Safety Code, the Texas Clean Air Act (the Act), Chapter 382, sec.382.096. The Act, sec.382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 15, 1996. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the Staff Attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 15, 1996. Written comments may also be sent by facsimile machine to the Staff Attorney at (512) 239-3434. The TNRCC Staff Attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: American Rockwool, Incorporated; DOCKET NUMBER: 96-0445-AIR-E; ACCOUNT NUMBER: BF-0107-S; LOCATION: Nolanville, Bell County, Texas TYPE OF FACILITY: mineral wool insulation manufacturing plant; RULE VIOLATED: Special Provision Numbers 1 and 7 of TNRCC Permit Number C-9397 and Permit Number PSD- TX-625; 30 TAC sec.116.115; and the Act, sec.382.085(b) by exceeding the hourly and annual maximum allowable emission rates for carbon monoxide, sulfur dioxide, and hydrogen sulfide from the Cupola Number 1 Stack, and by exceeding the opacity limit and the hourly and annual maximum allowable emission rate for particulate matter from the Blow Chamber/Scrubber Stack; 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b) by emitting one or more air contaminants, or combinations thereof, in such concentration and of such duration as were or tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property on December 13, 1993, March 10, 1994, and January 6, 1995; 30 TAC sec.101.6 and the Act, sec.382.085(b) by failing to report to the TNRCC an upset condition at the Plant on March 8, 1994; OPENALTY: $160,600; STAFF ATTORNEY: Lisa Uselton Dyar, (512) 239-5692; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807; (817) 751-0335. (2)COMPANY: E & L Asphalt and Materials, Inc.; DOCKET NUMBER.: 96-0846-AIR-E; ACCOUNT NUMBER: 91-6938-W; LOCATION: Flatonia, Fayette County, Texas; TYPE OF FACILITY: asphalt batch plant; RULE VIOLATED: 30 TAC sec.111.101 and the Act, sec.382.085(b) by conducting unauthorized outdoor burning of asphaltic materials as discovered during an inspection on April 13, 1993. Specifically, E & L's employees had set fire to asphaltic materials to clean the scales; 30 TAC sec.101.5 and the Act, sec.382.085(b) by emitting smoke from the burner on February 18, 1993, in concentrations great enough to create a traffic hazard by significantly reducing visibility on a nearby road based on photographs taken by a nearby resident; 30 TAC sec.116.115 and the Act, sec.382. 085(b) by not including a current Table 22 in the company's August 18, 1988 application for TNRCC Standard Exemption 99 as revealed during a review of E & L's records; 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b) by emitting smoke and odor from the plant during an inspection on May 20, 1993, documented off-site in such concentration and of such duration as were or tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; 30 TAC sec.101.6 and the Act, sec.382. 085(b) by failing to report an upset condition on the night of May 10, 1993, when a flash or feedback fire caused the burner to go out, creating a large plume of smoke which drifted off- site; 30 TAC sec.101.7(a) and 116.211(d) and the Act, sec.382.085(b) by failing to maintain abatement equipment. Several cracks were discovered in the ducting between the water scrubber and the exhaust stack during an inspection on April 24, 1994. OPENALTY: $0; STAFF ATTORNEY: Patricia Capps, (512) 239-0682; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758; (512) 339-2929. (3)COMPANY: Farstad Gas and Oil, L.L.C.; DOCKET NUMBER: 96-0796-AIR-E; ACCOUNT NUMBER: ML-0231-L; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: bulk petroleum terminal; RULE VIOLATED: 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b) by discharging one or more air contaminants or combinations thereof, in such concentration and of such duration as were or tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. Specifically on October 25, 1994, nuisance-level odors resulted from soil bioremediation activities at the plant and from two gasoline tanks in the tank farm area that were disconnected from the VRU to install new lines; on December 4, 1994, nuisance-level odors were emitted from Tank 4 when the distillation column over-pressurized the propane/butane bullet tank; and on May 22, 1995, nuisance-level odors resulted when Tank 3 "pressured up" and caused the thief hatches on five 1,000 bbl tanks to pop open such that gaseous vapors vented directly to the atmosphere. 30 TAC sec.101.6 and the Act, sec.382.085(b) by failing to report upset conditions as required under this regulation. The first violation was on December 4, 1994, the other violations occurred on June 6 and 22, and October 4, 1995. 30 TAC sec.101.7 and the Act, sec.382.085(b) by failing to report, as required by the regulation, maintenance activities which will or may cause excessive emissions. Specifically, on October 4, 1995, the Company failed to report maintenance activity on the vapor recovery compressor. Because of these activities, this control device was not available to prevent venting of gases to the atmosphere from the 1,000 barrel tanks (which occurred) . 30 TAC sec.116.110 and the Act, sec.382.085(b) and sec.382.0518(a) by constructing and operating a bulk petroleum terminal which may emit air contaminants into the air of the state without first obtaining a permit or qualifying for a standard exemption.; OPENALTY: $42,275; STAFF ATTORNEY: Walter Ehresman, (512) 239-0573; REGIONAL OFFICE: 2626 J.B. Shepperd Parkway Boulevard, Building B-101, Odessa, Texas 79761; (915) 362-6997. (4)COMPANY: Great Western Press, Inc.; DOCKET NUMBER.: 96-0104-AIR-E; ACCOUNT NUMBER.: DB-2805-G; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: printing plant; RULE VIOLATED: 30 TAC sec.116.115(a) and the Act, sec.382.085(b) by failing to maintain records sufficient to demonstrate compliance with TNRCC Standard Exemption Number 13; and by exceeding the volatile organic compound (VOC) per-year allowable under TNRCC Standard Exemption Number 13; OPENALTY: $3,500; STAFF ATTORNEY: Linda Sorrells, (512) 239-3408; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (5)COMPANY: Killeen Marble Company; DOCKET NUMBER: 96-0797-AIR-E; ACCOUNT NUMBER: BF-0202-A; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: culture marble manufacturing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a) by failing to satisfy the conditions of a standard exemption or obtain a permit; OPENALTY: $0; STAFF ATTORNEY: Greg Warmink, (512) 239-0612; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807; (817) 751-0335. (6)COMPANY: Luminator Holding, LLC-A Wholly-Owned Subsidiary of Mark IV Industries, Inc.; DOCKET NUMBER: 96-0845-AIR-E; ACCOUNT NUMBER: CP-0037-H; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: lighting fixture manufacturing plant; RULE VIOLATED: 30 TAC sec.115.421(a)(9)(A)(ii) and the Act, sec.382.085(b) by failing to maintain a daily weighted average VOC content of 6.7 pounds per gallon of solids, or less, for all coatings applied from each coating line from March 1, 1995 to August 5, 1995 and the day of March 22, 1996; OPENALTY: $2,500; STAFF ATTORNEY: Walter Ehresman, (512) 239-0573; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas, 76116, (817)732-5531. (7)COMPANY: Lyondell-Citgo Refining Company, Ltd.; DOCKET NUMBER: 96-0841-AIR- E; ACCOUNT NUMBER: HG-0048-L; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b) by emitting one or more air contaminants or combinations thereof in such concentration and of such duration as were or tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property on September 18, 1994, April 12, 1995, and August 1, 1995; OPENALTY: $26,000; STAFF ATTORNEY: Lisa Uselton Dyar, (512) 239- 5692; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423; (713) 767-3500. Issued in Austin, Texas, on May 13, 1996. TRD-9606591 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 13, 1996 Notice of Public Hearing Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, Annotated, sec.382.017 (Vernon's 1992) ; Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993) ; and 40 Code of Federal Regulations, sec.51.102, of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP) , the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 111 and to the SIP, concerning outdoor burning. The commission proposes to repeal sec.sec.111.101, 111.103, 111.105, and 111. 107, concerning outdoor burning, and replace them with new sec.sec.111.201, 111. 203, 111.205, 111.207, 111.209, 111.211, 111.213, 111.215, 111.219, and 111. 221. The proposed new sections replace the existing rules in order to remove inconsistencies and ambiguities and interject realistic flexibility. These new sections are structured to more adequately relate to today's outdoor burning situation. A public hearing on this proposal will be held in Austin on June 18, 1996 at 2:00 p.m. in Building F, Room 2210, at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle, Austin. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments may be mailed to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 95143- 111-AI. Comments must be received by 5:00 p.m. June 21, 1996. For further information, please contact Terry Leifeste, Air Policy and Regulations Division, (512) 239-1873. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on May 8, 1996. TRD-9606453 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Filed: May 9, 1996 The Texas A&M University System, Board of Regents Follow-up Notice on Consulting Services Contract Pursuant to Texas Government Code, Chapter 2254, The Texas A&M University System provides the following information for publication in the Texas Register . 1. The award of the executive consulting services contract to Sandhurst Associates was made pursuant to Texas Government Code, Chapter 2254. 2. The publication date of the request for proposal appeared in the April 5, 1996, issue of the Texas Register (21 TexReg 3088). 3. The private consultant is to conduct an executive search for General Counsel of The Texas A&M University System. 4. The total value of the contract is $49,790. The contract dated May 1, 1996 will terminate upon the provision of the requested services which should be on or about June 3, 1996. 5. The private consultant selected is Sandhurst Associates, 4851 LBJ Freeway, Suite 601, Dallas, Texas 75244. 6. The consultants are scheduled to identify candidates for General Counsel of The Texas A&M University System by June 3, 1996. Issued in Austin, Texas, on May 8, 1996. TRD-9606452 Vicki Running Executive Secretary of the Board of Regents The Texas A&M University System, Board of Regents Filed: May 9, 1996 University of Houston System Request for Proposal Investment Consultant I. INTRODUCTION A. Overview The University of Houston System (System) is composed of four universities and system administration. It is the third largest university system in the State of Texas. The System operates commingled investment funds for the management of its endowed and non-endowed assets. The market value of the endowment fund approximates $270 million as of March 31, 1996. The majority of the assets are managed by six external money management firms: Fayez Sarofim, $147 million; Vaughan Nelson Scarborough & McConnell, $58 million; Capital Technology, $13 million; Scudder Stevens & Clark, $20 million; Kempner Capital Management, $11 million; and Smith Graham & Company, $8 million. The remaining funds are invested in four limited partnerships, cash, and real estate. Texas Commerce Bank is the custodian of the assets. The four non-endowed Pools (Pools) are composed of operating funds from the three largest universities and system administration. The Pools are currently managed by the Investment Management Group of Texas Commerce Bank. As of March 31, 1996, the market value of the Pools are as follows: University of Houston, $65 million; UH Clear Lake, $6 million; UH Downtown, $2 million; System Administration, $9 million. In addition, money market funds ranging in value from $2 to $12 million are maintained for liquidity needs. The Asset Management Committee of the Board of Regents has ultimate responsibility for the assets of the System. The Board has granted to the System Administration officers and staff the authority for the purchase, sale, assignment, transfer, and management over all investments belonging to the System. The Office of Treasurer staff is responsible for the daily administration of investments. B. Purpose of RFP To solicit proposals to provide investment consultant services to the Asset Management Committee and System Administration staff. This would include, but not be limited to, performance reports, asset allocation studies, manager searches, and assisting the System in meeting its investment goals. II. DESIRED ROLE OF INVESTMENT CONSULTANT A. The over-riding purpose of the investment consultant is to provide advice and consultation to the Asset Management Committee and system staff on matters related to investments. B. The investment consultant will interface with the Asset Management Committee, which meets quarterly, at the direction of the Chairperson. C. The investment consultant will report to the Office of the Treasurer in a working partnership relationship on all investment matters. D. Any special projects for which the investment consultant will require additional compensation must be approved by the Vice Chancellor for Administration and Finance. III. DESIRED SERVICES TO BE PROVIDED BY INVESTMENT CONSULTANT A. Provide performance measurement and evaluation reports quarterly for the Pools, and the System Endowment Fund. These reports shall include return numbers, rankings against similar funds, and a policy index comparison. B. Present quarterly to the Asset Management Committee an assessment of external investment managers' performance. C. Advise the Asset Management Committee of changes in economic conditions which might require a shift in asset allocation. D. Advise the Asset Management Committee of new developments in endowment management. E. As requested, prepare asset allocation studies. F. As requested, evaluate investment and endowment spending policies and recommend revisions as necessary. G. As requested, conduct investment manager searches. H. Attend any meetings of the Board of Regents or their committees as requested. IV. INFORMATION TO BE INCLUDED IN PROPOSAL A. Experience 1. Please provide an overview of your firm, including whether you would be considered a national or regional firm, total assets under advisement, demographics of the client base, average account size and retention rate. Include the percentage of your firm's total business devoted to consulting endowment funds. 2. Please provide the total number of personnel employed by your firm, to include categorization by function. Have you gained or lost any key personnel in the last three years? If so, describe their duties and the effect on the organization. 3. Please provide a list of employees who are to be assigned to our account. The resumes of each of these employees must accompany the list. 4. Please provide a description of the current account load of the administrators to be assigned to our account. 5. Please provide a copy of only that portion of your firm's annual report for the last three fiscal years which shows the capital position of the firm. Include the ownership structure and capitalization of your firm and any details of any ownership interest exceeding 5%. 6. Briefly discuss your firm's experience as a consultant for endowment funds of similar size and structure, including three examples of your innovation (not to exceed one page each). Include references. 7. Please indicate the size of your database, specifically, the number of investment managers you currently follow. Is your database proprietary? Do you subscribe to an outside vendor? If so, name the vendor. 8. Disclose if you intend to subcontract any service. The service and vendor must be identified. 9. Do you sell or broker any investment vehicles? Do you actively manage the investment of any accounts? B. Client Information 1. Please describe any affiliations with banks, insurance companies or brokerage firms. Of these affiliations, are there any which might result in conflicts of interest, or are there any conflicts of interest which you might have under State of Texas law? 2. List current consulting clients by category, including the number of accounts and value of assets for foundation, endowments, pensions and any other consulting clients. C. Investment Strategy 1. Summarize your investment philosophy and the approach you recommend in establishing policy guidelines consistent with the two distinct types of funds at the System: 1) Endowment Funds; 2) Operating Funds (Texas Public Funds). 2. Describe the proposed services that you would provide the System. Include asset allocation and manager search capabilities and techniques and how you would ensure accountability; examples of your firm's ability to evaluate a variety of asset classes; the number and frequency of trading cost analysis studies you would provide and any other resources that you have available to the System (please limit to one page). Please provide a sample of the performance reporting forms you would utilize. 3. Describe the process for developing endowment spending policy and integrating it into the investment policy. D. Performance Timetable 1. Please indicate the amount of time that you believe is necessary and appropriate for your firm to complete: 1) a proposed investment policy, 2) an investment manager search, and 3) formation of quarterly performance reports. 2. Describe in detail the types of information you will require to be provided to you by the System, investment managers and custodian in order to perform services. E. Fees 1. Please provide a fee schedule for the various consulting services you will provide including an estimate of expenses. 2. Have you received any commissions, fees or compensation of any type from investment managers you have selected in the past to manage endowment, foundation, or pension funds, including 12b-1 fees if any? F. Firm's commitment to the State of Texas and the System's Goals Relative to Women and Minorities. 1. Please describe your firms commitment to Texas by highlighting the number of offices you maintain in the State and the number of employees you have in Texas. 2. Provide a breakdown of your firm's professional personnel by completing attachment A. 3. Describe your experience in implementing searches for minority managers? How many minority and women owned businesses are in your database? G. Legal Information 1. Is your firm a registered investment advisor under the Investment Advisors Act of 1940? 2. Is your firm, or any professionals employed by your firm, currently a defendant in any criminal proceedings or under criminal investigation, or being subject to any proceedings involving alleged securities violations; or any administrative action, including state and or federal regulatory agency proceedings, which resulted in censure or the suspension or revocation of any licenses? If yes, please describe. 3. Will you share fiduciary liability with the System for any monetary loss resulting from your acts of omission as the investment consultant? V. SUBMISSION OF PROPOSAL A. Please return one original and two copies of the proposal to: University of Houston System, Attn: Paula A. Kelleher, Treasurer, 1600 Smith Street, Suite 3400, Houston, Texas 77002. B. Please mark the envelopes containing the proposal with: "IN RESPONSE TO RFP: INVESTMENT CONSULTANT" C. Proposals must be received by 1:00 p.m. on June 7, 1996 D. All proposals become property of the System. Proposals must set forth accurate and complete information as required by this request for proposal. No material changes will be allowed after the expiration of the proposal date; however, non-substantive corrections or deletions may be made with the approval of the System. E. The System reserves the right to make amendments to the proposal request and to extend the response filing time or date by giving written notice in the Texas Register . F. The System has the sole discretion, and reserves the right, to reject any and all proposals received in response to this request and to cancel the request if it is deemed in the best interests of the System to do so. Issuance of the proposal request in no way constitutes a commitment by the System to award a contract. G. Questions concerning the RFP should be directed in writing to the previously listed address or via Fax at (713) 754-7415 by May 22, 1996 VI. PROPOSAL EVALUATION A. The System intends to select the proposal that, in its judgment, demonstrates the highest degree of competency and the necessary qualifications and experience in providing requested services at a fair and reasonable price. B. The acceptance of a proposal will not be made solely on the basis of lowest cost, however cost will be considered a significant factor. C. The System reserves the right to negotiate the proposal that, in its discretion, best meets the System's needs. D. Acceptance of a proposal will be contingent upon approval of the University of Houston System Board of Regents. E. If one of the submitted proposals is accepted, remaining firms will be notified of the decision in a timely manner. [graphic] Issued in Houston, Texas, on May 8, 1996. TRD-9606491 Raymond S. Bartlett Assistant Treasurer University of Houston System Filed: May 10, 1996 Texas Water Development Board Applications Received Pursuant to the Texas Water Code, sec.6.195, the Texas Water Development Board provides notice of the following applications received by the Board: Val Verde County, 400 Pecan Street, Del Rio, Texas, 78840, received December 1, 1995, application for financial assistance in an amount not to exceed $283,284 from the Research and Planning Fund. San Leon Municipal Utility District, 443 24th Street, P.O. Box 5506, San Leon, Texas, 77539, received April 2, 1996, application for financial assistance in the amount of $1,150,000 from the State Water Pollution Control Revolving Fund. City of Spofford, P.O. Box 1541, Brackettville, Texas, 78832, received March 7, 1996, application for grant assistance in the amount of $404,079 from the Economically Distressed Areas Account. Forest Cove Municipal Utility District, 1402 Brooktrail, Kingwood, Texas, 77339, received April 5, 1996, application for financial assistance in the amount of $4,870,000 from the State Water Pollution Control Revolving Fund. Upper Pecos Soil and Water Conservation District Number 213, 1415 West Third Street, Pecos, Texas 79772, received April 15, 1996, application for financial assistance in the amount of $200,000 from the Agricultural Water Conservation Bond Program. Evergreen Underground Water Conservation District, P.O. Box 155, Jourdanton, Texas 78026, received April 15,1996, application for financial assistance in the amount of $165,000 from the Agricultural Water Conservation Bond Program. City of Wichita Falls, P.O. Box 1440, Wichita Falls, Texas, 76307, received February 5, 1996, application for financial assistance in the amount of $11, 420,000 from the State Water Pollution Control Revolving Fund. Guadalupe-Blanco River Authority-City of Victoria Project, 933 East Court, P.O. Box 271, Seguin, Texas, 78156-0271, received April 12, 1996, application for financial assistance in the amount of $3,750,000 from the State Water Pollution Control Revolving Fund. Greater Texoma Utility Authority-City of Gunter Project, 5100 Airport Drive, Denison, Texas, 75020, received March 27, 1996, application for financial assistance in the amount of $170,000 from the Water Supply Account of the Texas Water Development Fund. Greater Texoma Utility Authority-City of Whitewright Project, 5100 Airport Drive, Denison, Texas, 75020, received March 27, 1996, application for financial assistance in the amount of $180,000 from the Water Supply Account of the Texas Water Development Fund. City of Alvord, P.O. Box 63, Alvord, Texas, 76225-0063, received March 29, 1996, application for financial assistance in the amount of $390,000 from the State Water Pollution Control Revolving Fund. Hardin County Water Control and Improvement District Number 1, Route 9, Box 637, Sour Lake, Texas, 77659, received April 7, 1996, application for financial assistance in the amount of $2,600,000 from the Water Supply Account of the Texas Water Development Fund and the State Water Pollution Control Revolving Fund. City of McAllen, P.O. Box 220, McAllen, Texas, 78505, received April 8, 1996, application for financial assistance in an amount not to exceed $15,000 from the Research and Planning Fund. West Texas Weather Modification Association, P.O. Box 10, Mertzon, Texas, 76941, received April 25, 1996, application for financial assistance in an amount not to exceed $70,269 from the Research and Planning Fund. LBJ School of Public Affairs, Drawer Y, University Station, Austin, Texas, 78713-7450, received May 13, 1996, application for financial assistance in an amount not to exceed $25,000 from the Research and Planning Fund. Collingsworth County Underground Water Conservation District, 802 Ninth Street, Wellington, Texas, 79095, received November 15, 1995, application for grant assistance in the amount of $4,605 from the Agricultural Conservation Grants to Districts Program. Tom Green Soil and Water Conservation District, 3514 Devonian, Suite C, San Angelo, Texas, 76904, received March 20, 1996, application for grant assistance in the amount of $8,685 from the Agricultural Conservation Grants to Districts Program. Lamb County Soil and Water Conservation District, P.O. Box 1268, Littlefield, Texas, 79339, received November 7, 1995, application for grant assistance in the amount of $4,763 from the Agricultural Conservation Grants to Districts Program. San Patricio Soil and Water Conservation District, 1150 East Market, Sinton, Texas, 78387, received December 5, 1995, application for grant assistance in the amount of $12,000 from the Agricultural Conservation Grants to Districts Program. Upper Pecos Soil and Water Conservation District, P.O. Box 1027, Pecos, Texas, 79772, received March 29, 1996, application for grant assistance in the amount of $32,719 from the Agricultural Conservation Grants to Districts Program. Salt Fork Soil and Water Conservation District, 802 Ninth Street, Wellington, Texas, 79095, received November 15, 1995, application for grant assistance in the amount of $4,725 from the Agricultural Conservation Grants to Districts Program. Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas 78711. Issued in Austin, Texas, on May 9, 1996. TRD-9606501 Craig D. Pedersen Executive Administrator Texas Water Development Board Filed: May 10, 1996