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. Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). graphic Issued in Austin, Texas, on July 24, 1996. TRD-9610677 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissoner Filed: July 24, 1996 Texas Department of Criminal Justice Request for Proposal for Non-Compensated Services Pursuant to Texas Government Code, sec.493.001 and sec.501.009, the Texas Department of Criminal Justice (TDCJ) will begin the process of negotiating a Contract effective January 1, 1997, for a Values Based Pre-Release program. TDCJ is requesting proposals to provide this service at the Jester II Unit, Richmond, Texas, but other suitable unit locations will also be considered. This contract will run for a period of 20 months, ending August 31, 1998, with the option to renew at the discretion of the TDCJ. Prison Fellowship Ministries has recently approached TDCJ and expressed interest in initiating a Values Based Pre-Release program with goals to reduce recidivism in the prison population. Towards this end, TDCJ wishes to solicit any and all other proposals from any other sources interested in providing this type of service. This Request For Proposal For Non-Compensated Services is to plan, coordinate, and operate a Values Based Pre-Release program. There will be no state monies or compensation, in any form, given to the Contractor for the programming services provided. This Values Based Pre-Release program will be established within the Institutional Division of TDCJ. The Programs and Services Division will be responsible for the operation of the program. Program participants will be referred and selected according to a standardized criteria and will be representative of the inmate population. Eligible offenders will be provided with a dedicated housing area and will receive a structured program consisting of pre-release related classes, values based individual and group support activities, work programs, post-release planning and other services designed to change criminal behavior. This program will be comprised of both an institutional phase and post-release phase of treatment. Both phases of program participation will be voluntary by the inmate. The institutional phase will occur at the Jester II Unit, Richmond, Texas, and will last for an average period of twelve (12) months. Other unit locations will be considered, if necessary. This phase of the program will be designed for one hundred (100) participants. During the institutional phase of the program, inmates will participate in a combination of activities. These activities will address their current values and modify them, as necessary, to result in the adoption of pro-social values with resulting behavior change. Daily activities will consist of work, classroom instruction, individual and group counseling sessions, peer support, interaction with volunteers, and community service assignments as approved through TDCJ. The post-release phase will last an average period of four to six months. Typical post-release activities may include relapse-prevention activities, continuing service as a community volunteer, gainful employment, and/or school attendance. A request for a copy of the Request For Proposal For Non-Compensated Service or questions relating to the Request for Proposal shall be addressed to Donald M. Keil, (409) 294-6407. Sealed Proposals will be received by the TDCJ until 5:00 pm on September 20, 1996. Such proposals must be typed or printed on standard 8 1/2 inch by 11 inch paper, pages numbered, a table of contents included in the required format and submitted to: Donald M. Keil, Special Projects Administrator, Programs and Services Division, P.O. Box 99, Huntsville, Texas 77342-0099, Attention: Values Based Pre-Release Program. There will be Technical assistance Workshops held August 14, 1996, and September 6, 1996, in Richmond, Texas, including a tour of the Jester II Unit. For more information regarding these activities, contact Ms. Rhonda Savage (409) 294- 8604. The Texas Department of Criminal Justice reserves the right to reject any and all proposals or portions of proposals received in response to this Request for Proposal. Submission of proposal has the effect of waiving proprietary rights or confidentiality. TDCJ reserves the right to use for its benefit, ideas contained in the proposals submitted. TDCJ is not liable for any costs incurred by applicants or prospective applicants in the preparation, formulation, or presentation of proposals. Issued in Austin, Texas, on July 31, 1996. TRD-9611002 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 31, 1996 Texas Department of Health Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. graphic graphic graphic In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation. This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Issued in Austin, Texas, on July 24, 1996. TRD-9610776 Susan K. Steeg General Counsel Texas Department of Health Filed: July 26, 1996 Notice of Emergency Cease and Desist Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Corpus Christi Chiropractic Associates (registrant R-08470) of Corpus Christi to cease and desist using the Universal x-ray unit (Model Number 3490, Serial Number JF3942-1079) until all the health related violations found during a recent inspection of the facility are corrected. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The registrant is further required to provide evidence satisfactory to the bureau regarding the actions taken to correct the violations and the methods used to prevent their recurrence. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on July 29, 1996. TRD-9610915 Susan K. Steeg General Counsel Texas Department of Health Filed: July 29, 1996 Notice of Revocation of Certificates of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code sec.299.112), has revoked the following certificates of registration: H.R. Yeary, D.D.S., Laredo, R05601, July 11, 1996; Manuel A. Martinez, Jr., M.D., P.A., Del Rio, R15432, July 11, 1996; Maples Chiropractic, Fort Worth, R16256, July 11, 1996; Care Clinic One, El Paso, R18706, July 11, 1996; Vargos Dental and Biomedical Services, Las Cruces, New Mexico, R19129, July 11, 1996; Valley X-Ray System, Inc., Weslaco, R19789, July 11, 1996; Noel A. Bryan, D.V.M., Weatherford, R19939, July 11, 1996; Chiro-Med Management, Houston, R20699, July 11, 1996. 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 July 29, 1996. TRD-9610916 Susan K. Steeg General Counsel Texas Department of Health Filed: July 29, 1996 Texas Department of Human Services Correction of Error The Texas Department of Human Services (TDHS) submitted a miscellaneous submission regarding Open Solicitation for Willacy County that was published in the July 26, 1996, issue of the Texas Register (21 TexReg 7188). The chart showing the occupancy rate for the last 6 months was not printed. The chart is as follows. Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for Bankers Reserve Life Insurance Company of Wisconsin, a foreign life, accident and health company. The home office is in Milwaukee, Wisconsin. 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 July 26, 1996. TRD-9610800 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 26, 1996 The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for Risk Capital Reinsurance Company, a foreign fire and casualty company. The home office is in Omaha, Nebraska. Application for admission in Texas for Food Industry Medical Fund, a foreign multiple employer welfare arrangement. The home office is in Albuquerque, New Mexico. 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 July 26, 1996. TRD-9610799 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 22, 1996 Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Motors Insurance Corporation proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated Article 5.101, sec.3(g). They are proposing a rate of +83% above the benchmark for auto physical damage insurance for commercial automobile. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless an objection is filed with the Chief Economist, Birny Birnbaum, at the Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on July 26, 1996. TRD-9610801 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 23, 1996 Notice of Public Hearings The Commissioner of Insurance, at a public hearing under Docket Number 2242 scheduled for September 11, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1996 and 1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0796-28-I) was filed on July 11, 1996. This proposal will be considered together with Docket Number 2243, staff's Second Petition (Reference Number A-0796-29-I) filed on July 11, 1996, which also seeks amendment to the Manual, to adopt new and/or adjusted 1996 and 1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the various model years of the listed vehicles. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 322-6326; refer to (Reference Number A-0796-28-I). Written comments should be directed to Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on July 26, 1996. TRD-9610803 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 26, 1996 The Commissioner of Insurance will hold a public hearing under Docket Number 2237 on September 11, 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: (1) the repeal of the existing rating schedule for grading the public fire protection in Texas for residential and commercial property insurance purposes, referred to as the Texas Key Rate Schedule, and the replacement of this schedule with the Fire Suppression Rating Schedule developed by the Insurance Services Office and filed by staff and the Texas Addendum to the Fire Suppression Rating Schedule as filed by the Texas Commission on Fire Protection and amended by staff; (2) the adoption of the public protection classifications for cities, towns, and unincorporated areas in Texas as developed by the Insurance Services Office and filed by Staff; and (3) the freezing on January 1, 1997, of any existing key rates of cities and towns in Texas. The term "residential property insurance" includes homeowners, dwelling, farm and ranch owners, and farm and ranch insurance coverage. The petition requests the repeal of the existing rating schedule for grading the public fire protection in Texas for residential and commercial property insurance purposes, referred to as the Texas Key Rate Schedule, and the replacement of this schedule with the Fire Suppression Rating Schedule developed by the Insurance Services Office and filed by staff and the Texas Addendum to the Fire Suppression Rating Schedule as filed by the Texas Commission on Fire Protection and amended by staff. The proposed Fire Suppression Rating Schedule consists of four documents: (i) the 1980 edition of the Fire Suppression Rating Schedule developed by the Insurance Services Office; (ii) the Texas Addendum to the Fire Suppression Rating Schedule, which gives credit for fire prevention, fire investigation, public education, and construction code enforcement; (iii) the Texas Supplement to the Fire Suppression Rating Schedule, which details how credit will be given for volunteer firefighter certification and attendance at Firemen's Training School at Texas A&M University; and (iv) the Texas Supplement to the Fire Suppression Rating Schedule, which indicates where the Addendum credit will be applied to the Fire Suppression Rating Schedule. The staff in its petition includes the two Texas Supplements to the Fire Suppression Rating Schedule as part of the Texas Addendum and all references in this notice to the Texas Addendum include these two supplements. If adopted, the Fire Suppression Rating Schedule and the Texas Addendum will be used to establish the public fire protection classification of cities, towns, and unincorporated areas in Texas as a means of determining appropriate insurance costs for residential and commercial property insurance. The Texas Addendum as filed by the Texas Commission on Fire Protection includes (in proposed Rule 701 on page 13) a method of developing a key rate from the public fire protection classification determined from the application of the Fire Suppression Rating Schedule. According to the petition, staff disagrees with this procedure as an inappropriate and inaccurate method of determining and grading public fire protection and therefore does not recommend the adoption of this procedure as part of the Texas Addendum. Staff, instead, proposes the consideration and adoption of the Texas Addendum, as filed by the Texas Commission on Fire Protection but amended to delete the part of proposed Rule 701 relating to the development of a key rate classification. Under staff's proposal, only public protection classifications could be used under the new rating schedule, and key rates would no longer be developed or used for determining the appropriate premiums for residential and commercial property insurance. The petition also requests that the Texas Addendum as filed by the Texas Commission on Fire Protection be amended to delete all other references to the "Key Rate Schedule" contained in the Addendum, most of which are contained in page heading designations. This amendment is necessary because the Texas Addendum will be used with the proposed Fire Suppression Rating Schedule. The petition provides background and justification on (i) the need for the adoption of the proposed Fire Suppression Rating Schedule, (ii) the elements of the proposed Fire Suppression Rating Schedule, (iii) the respective roles of the Texas Department of Insurance (Department) and the Texas Commission on Fire Protection, and (iv) the effect of the proposed new rating schedule on residential property insurance. (i) The repeal of the Texas Key Rate Schedule and the replacement of this schedule with the Fire Suppression Rating Schedule is necessary, according to the petition, because the key rate system is obsolete. It was adopted sometime around 1918-1920 and uses population and core business districts as the basis for determining public fire protection. According to the petition, the key rate system is no longer a reasonable method of establishing or grading public fire protection of a community because it does not give adequate consideration to the need of differing fire flow requirements of a city or town (the quantity of water calculated as necessary to extinguish fire at each specific location or area in a city or town) with differing fire hazards nor does it consider the appropriate diversification of manpower and fire fighting equipment necessary to respond to differing fire hazards. Cities and towns are no longer generic in their development. One city may be a bedroom community while another may be highly industrialized. Texas remains the only state using population as the basis for determining the necessary public fire protection of its cities and towns, which in turn is a factor used to determine the residential and commercial property insurance premium costs to its citizens. In all other states, the Fire Suppression Rating Schedule and the needed fire flow to control the fire exposure present in a city is used to determine the grading of public fire protection. The proposed Fire Suppression Rating Schedule is based on the premise that the spread of a fire can be stopped and the damage limited to the building of origin. According to the petition, the adoption of the proposed Fire Suppression Rating Schedule is necessary to enable the State of Texas to have an up-to-date rating schedule that recognizes public fire protection must be based on the needed fire flow to evaluate a city or town's fire defense needs. The diversification of city planning in locating businesses, use of non-combustible construction material, and the use of non-conventional water systems have eliminated the need to concentrate on conflagration hazards, which is the basis of the key rate schedule, as the most important factor in determining adequate fire defenses. (ii) The Fire Suppression Rating Schedule is based on a point system with appropriate credits applied to recognize each community's fire protection capabilities; this results in the assignment of a protection classification grading. The specific elements reviewed for this grading include fire alarm system (receipt of alarm, operators, and alarm dispatch circuits), fire department (engine companies, ladder/service companies, distribution of companies, pumper capacity, department manning and training), and water supply (supply works, fire flow delivery, distribution of fire hydrants, hydrant size, type and installation, and hydrant inspections and condition). Fire prevention, however, is an element that is not adequately addressed in the Fire Suppression Rating Schedule, and therefore, it is necessary, according to the petition, to adopt the Texas Addendum in addition to the Fire Suppression Rating Schedule. The proposed Texas Addendum enhances the Fire Suppression Rating Schedule by adding specific recognition of fire prevention, fire investigation, public education, and building code enforcement as important elements in the grading of public fire protection not otherwise recognized in the proposed rating schedule. (iii) The Department and the Commissioner of Insurance are authorized in Articles 5.29, 5.30, 5.33, and 5.101 of the Insurance Code to promulgate and implement residential property insurance benchmark rates and rating schedules that directly relate to the benchmark rates. The Texas Commission on Fire Protection is authorized in sec.419.901 of the Government Code to perform certain duties with regard to the key rate schedule of the Commissioner or its equivalent as determined by the Commissioner. Prior to September 1, 1991, the former State Board of Insurance (Board) adopted a rating schedule for determining public fire protection; employed inspectors to conduct on-site inspections of the public fire protection of cities and towns; approved the individual key rates established for a city or town based on the inspection and application of the key rate schedule by the Department; and adopted manual rules for application of key rates. In 1991, the 72nd Legislature enacted legislation to transfer certain duties relating to the key rate schedule to the Texas Commission on Fire Protection (Fire Commission). The Legislature enacted sec.419.901 of the Government Code (Acts 1991, 72nd Legislature, Chapter 628, sec.4, effective September 1, 1991) authorizing the Texas Commission on Fire Protection to: (a) review the key rate schedule of the Commissioner at least once every four years and to recommend changes that the Commission believes should be made in the schedule; and (b) inspect municipalities using the key rate schedule, recommend the key rate for individual municipalities to the Commissioner for approval, and report information obtained as a result of the inspections to the Commissioner. In 1993, the Legislature abolished the three-member state insurance board and granted all authority of that board to the Commissioner of Insurance (Acts 1993, 73rd Legislature, Chapter 685, sec.1.01, effective September 1, 1993). The petition states that in enacting sec.419.901 of the Government Code, which transferred certain duties relating to the key rate schedule to the Texas Commission on Fire Protection, the Legislature did not in any manner affect the authority of the Commissioner of Insurance to promulgate rates for residential property insurance or to approve rates for commercial property insurance, including the adoption of any rating schedule to grade public fire protection for a city, town, or unincorporated area as a factor to be used in developing appropriate insurance premium costs. The Commissioner has the authority, pursuant to Articles 5.33 and 5.101 of the Insurance Code, to amend the existing key rate schedule or repeal the existing key rate schedule and adopt a new rating schedule that more appropriately recognizes up-to-date elements of the public fire protection of cities, towns, and unincorporated areas in Texas. According to the petition, the Commissioner, in fact, is obligated to assure that the rating schedule for grading public protection of Texas communities is the most appropriate and accurate means of determining and grading public fire protection. The Fire Commission, however, pursuant to sec.419.901 of the Government Code, will continue to exercise the same responsibilities under sec.419.901 as it currently exercises with the Department's key rate schedule. Pursuant to its authority in sec.419.901, subsection (a), to recommend changes in the schedule that the Fire Commission believes should be made, the Fire Commission recommended the proposed Fire Suppression Rating Schedule and the Texas Addendum. (iv) Adoption of the proposed new rating schedule will affect residential property insurance in two ways: (a) a change in the method of determining the premium charge for residential property insurance, and (b) repeal of the "fringe rule" which allows risks located outside of a protected first key town, but within five miles of the first key town and within 1,000 feet of a fire hydrant connected to a public or private water system to be rated using the key rate of the first key town. Currently, residential property insurance premiums are determined largely on the basis of three factors: the amount of insurance desired, the construction of the dwelling risk, and the applicable key rate of the city or town in which the risk is located. Since the key rates vary by city, it is impossible to have a premium determined for each individual key rate. Therefore, for the purposes of development of a premium chart (as set forth in the Homeowners and Dwelling sections in the Texas Personal Lines Manual) for determining appropriate premium charges for a residential property insurance policy, ranges of key rates are combined into several groups. The introduction of the proposed Fire Suppression Rating Schedule will result in the development of public protection classes for each city or town in Texas on a scale of one to ten. This public protection class scale approach will be in lieu of the assignment of a specific key rate under the current system. Under the proposed system, premiums will be developed for individual risks on the basis of three factors: amount of insurance desired, construction of the dwelling risk, and the applicable public fire protection classification of the city, town, or unincorporated area in which the risk is located. The only factor that will change is the applicable public fire protection classification of the city, town, or unincorporated area in which the risk is located, which will be applied in lieu of the applicable key rate. Although the method of determination of the applicable premium under the two systems appears to be similar and there is some correlation between the two systems, the existing key rate of a particular city or town need not have a direct relationship to the new public protection classification. According to the petition, this could, in some instances, produce wide swings in the premiums for residential risks. The petition proposes that these possible swings in premium costs be addressed on two levels and that both of these be determined at the next annual residential property insurance benchmark rate hearing. First, at the regional/territorial level, changes under the proposed system will need to be balanced to those under the existing system so that the transition will be, to the greatest extent possible, revenue neutral. Secondly, differences in premiums at the individual policy level can be addressed by the adoption of a transition rule to cap any increases or decreases in premiums over a reasonable period of time. The second area of impact of the proposed new system on residential property insurance rating is the repeal of the "fringe rule." The "fringe rule," Rule VI-3-C in both the Homeowners and Dwelling sections of the Texas Personal Lines Manual, authorizes fringe area rating for certain risks located in third key towns or in unprotected areas. To be fringe area rated using the rate of an incorporated first key town the risk must be located within five miles of a first key town and must be within the required distance to a national standard type two or three-way fire hydrant connected to a public or private water system serving a community. To be fringe area rated using the rate of an unincorporated first key town the risk must be located within five miles of the outer boundary of a platted subdivision classified as a first key town and must be within the required distance to a national standard type two or three-way fire hydrant connected to a public or private water system serving a community. Originally adopted over 30 years ago, the rule initially applied only to risks located within five miles of an incorporated first key town. The rule was adopted as a means of rating the growing number of risks located in subdivisions and areas immediately surrounding a larger city but outside the city limits of the city. Following the enactment of Article 5.25A of the Insurance Code in 1989 (Acts 1989, 71st Legislature, Chapter 481, sec.1, effective September 1, 1989), the rule was amended to extend fringe area rating to dwellings located outside of unincorporated towns. Article 5.25A was amended by the Legislature in 1991 (subsection (b) added) to provide that notwithstanding subsection (a) of Article 5.25A on and after March 1, 1992, rates for homeowners insurance coverage under Subchapter C (of Chapter 5 of the Insurance Code) are to be determined as provided in Subchapter M (Flexible Rating Program for Certain Insurance Lines, i.e., benchmark rate-flex rating procedures) with a December 31, 1995 expiration date for this provision. The Legislature in 1995 amended Article 5.25A (Acts 1995, 74th Legislature, Chapter 984, sec.14, effective September 1, 1995) to delete the 1995 expiration provision. The need for fringe area rating was based on the fact that fire services were provided to these areas by the city and in many cases these areas had public or private water systems serving the area; therefore, the fire protection afforded these areas was considered much better than for other risks located outside the city limits of a city or town in areas without any water systems or fire departments willing to respond to fires. According to the petition, the conditions that originally supported the fringe area rating concept no longer exist. Many city fire departments will no longer respond to any fire outside the city limits of the specific city or town. Because of this, areas that were once fringe and dependent upon response of a city's fire department have now developed fire fighting capabilities with volunteer fire departments and have much more developed water distribution systems for fire hydrants. In today's world, it is reasonable, according to the petition, that an area located within five miles of a first key town, whether incorporated or unincorporated, should be graded on the public fire protection that is afforded that area and not on the public fire protection of another city, which may or may not respond to fires outside the city limits of the city. Fringe area rating is not only out-of-date, but because key rates and public fire protection classifications are not directly related to each other, it is not possible, according to the petition, to continue the fringe area rating concept under the proposed Fire Suppression Rating Schedule and public protection classification system. For example, the proposed Fire Suppression Rating Schedule requires determination of fire flow (the quantity of water calculated as necessary to extinguish fire at each specific location or area in a city or town) for communities to be graded, and, today, it is unreasonable and erroneous, according to the petition, to conclude that the fire flow of a city is the appropriate fire flow for an area outside of that city. For example, a city may be a bedroom community with no major industrial activity and thereby require less fire flow for adequate fire protection purposes, but within five miles of that city there may be an area with major industrial development with very different fire flow needs. Also, according to the petition, maintaining fringe area rating is not possible because the proposed system does not use as part of the Fire Suppression Rating Schedule the classification of cities or towns as first key, second key, and third key (determined by the actual key rate of each individual city or town) or the equivalent of this rating, which is necessary for application of the fringe area rating concept. There is no direct relationship, according to the petition, between key rates and public protection classes that would allow a determination of any equivalent to the first key, second key, and third key towns. For example, under the current key rate system, City X can have a key rate of 26 cents and be a first key town and City Y can have a key rate of 42 cents and be a second key town. Under the proposed Fire Suppression Rating Schedule, both of these cities may have a public protection classification of 3, meaning that they have equivalent levels of fire protection based on the specific needs of each city. In addition, fringe rating is based on certain distance requirements to fire hydrants (0 to 500 feet-full key of first key town; 500 to 1,000 feet-full key of first key town + $.10; over 1,000 feet- not eligible for fringe rating). Under the proposed rating schedule, distance of individual risks from fire hydrants is not a factor in the grading as it is under the current key rate system. The petition also requests the consideration and adoption of the public protection classifications of cities, towns, and unincorporated areas of Texas, as developed by the Insurance Services Office and submitted to the Texas Department of Insurance, for use in determining residential and commercial property insurance premiums. The application of the proposed Fire Suppression Rating Schedule will produce public protection classifications for cities, towns, or unincorporated areas based on the fire protection afforded to the individual city, town, or unincorporated area. The elements used to determine the public protection classifications include the fire alarm system, fire department, water supply, and the Texas Addendum credit. The classification established for each city, town, or unincorporated area will be the basis for determining the appropriate insurance costs for insuring risks located in these areas. According to the petition, currently, 1,200+ communities in Texas have been graded by the Insurance Services Office for assignment of the appropriate public protection classification. (Of these 1,200+ communities, 209 were graded using the Texas Addendum; when the remainder are graded using the Texas Addendum, these classifications will be submitted to the Department for approval.) Although Texas has not previously recognized public protection classifications as a means of determining insurance costs in Texas, these public protection classifications have been developed by the Insurance Services Office for the purpose of providing underwriting information to its member companies. The petition recommends the adoption of the public protection classifications established by the Insurance Services Office to ensure a smooth transition from the key rate schedule to the proposed Fire Suppression Rating Schedule within a reasonable time period. According to the petition, to require a complete reinspection and regrading of all the areas eligible for a public protection classification would take, at a minimum, six to ten years. The petition states that it is not feasible or reasonable to maintain two rating systems for this extended period of time. The fire services in Texas rely on a public fire protection rating system as a means of developing future fire service needs of a community and the existence of two systems over a long period of time will produce conflicting requirements. The petition states that it is important that any transition to a new rating system for public fire protection be done in as short a time period as possible to minimize the time in which there are conflicts between rating schedules and in which duplicate costs are being incurred for the inspection and grading of communities. The adoption of the public protection classifications established by the Insurance Services Office, according to the petition, will allow the implementation of the proposed Fire Suppression Rating Schedule without the need to reinspect and regrade all communities in Texas eligible for a public protection classification. Once adopted, the Fire Suppression Rating Schedule and Texas Addendum will be used to maintain current and accurate public protection classifications for all Texas communities, and, according to the petition, this could result in improved fire defenses for these communities over time. In addition, the petition requests the consideration and adoption of a freeze on all existing key rates of cities and towns in Texas, which were determined under the existing Texas Key Rate Schedule, with such freeze to be effective on and after January 1, 1997. The freeze, according to the petition, is necessary to halt the development of key rate adjustments based on a rating schedule that will no longer be operative. The effective date for the implementation of the Fire Suppression Rating Schedule with the Texas Addendum and public protection classifications will vary depending on whether the risks are commercial risks eligible for class rating, commercial risks not eligible for class rating, or residential risks. According to the petition, the adoption of the proposed new Fire Suppression Rating Schedule to replace the existing Texas Key Rate Schedule requires a variable transition period from the date of adoption of the new schedule to the actual date of implementation of the new schedule. For example, class rating for eligible commercial risks will occur in January 1997; this will require the use of the proposed Fire Suppression Rating Schedule and public protection classifications at that time. Those commercial risks not subject to class rating, however, will not be subject to the new rating schedule or public protection classifications until late 1997 to give insurers time for the filing of new rating schedules for these types of risks, pursuant to Article 5.13-2 of the Insurance Code. The petition recommends that the proposed Fire Suppression Rating Schedule and public protection classifications be adopted for use for residential property insurance purposes on the effective date of the residential property insurance benchmark rates determined pursuant to the benchmark rate hearing held in the fall of 1996. To accommodate these different effective dates for introducing the new rating schedule and the public protection classifications, it is necessary that there be a variable transition period in which the existing key rate schedule and existing individual key rates of cities and towns and the proposed new rating schedule co-exist. The petition recommends that during the transition period, the existing key rate schedule could not be used to amend or alter existing individual key rates of cities and towns on and after January 1, 1997. The petition requests that the existing key rate schedule and the individual key rates remain frozen on and after January 1, 1997, until such time as the Fire Suppression Rating Schedule and public protection classifications become effective depending on the type of risks. According to the petition, upon the adoption of the actions requested, staff shall propose for consideration and adoption in a separate rulemaking proceeding all changes in the Homeowners, Dwelling, Farm and Ranch Owners, and Farm and Ranch sections of the Texas Personal Lines Manual necessary to implement these matters. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.29, 5.30, 5.33, 5.101, 5.96, and 5.98. Copies of the full text of the staff petition and the proposed Fire Suppression Rating Schedule and Texas Addendum and proposed Public Protection Classes for Texas 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 attachments, please contact Sylvia Gutierrez at (512) 463-6326 (refer to Reference Number P-0796-25-I). Comments on the proposal 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 Lyndon Anderson, Associate Commissioner for the Property and Casualty Division, P.O. Box 149104, MC103-1A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Issued in Austin, Texas, on July 29, 1996. TRD-9610895 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 29, 1996 The Commissioner of Insurance, at a public hearing under Docket Number 2243 scheduled for September 11, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition (entitled "Second Petition...") seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1996 and 1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-10796-29-I) was filed on July 11, 1996. This proposal will be considered together with Docket Number 2242, staff's petition (Reference Number A-0796-28-I) filed on July 11, 1996, which also seeks amendment to the Manual, to adopt new and/or adjusted 1996 and 1997 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the various model years of the listed vehicles. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe, at (512) 322-6326; refer to (Reference Number A-0796-29-I). Written comments should be directed to Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on July 26, 1996. TRD-9610802 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 26, 1996 Texas Department of Insurance Filing Notification Pursuant to The Insurance Code Article 21.49, Texas Catastrophe Property Insurance Association The Commissioner of Insurance will hold an open meeting under Docket Number 2244 on September 5, 1996, at 1:30 p.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider the manual rate filing for commercial risks and classes of risks submitted by the Texas Catastrophe Property Insurance Association. Interested persons may present either oral or written comments on the filing at the open meeting. Copies of the manual rate filing 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 filing, please contact Angie Arizpe at (512) 463-6326 (refer to Reference Number P-0796- 32). Comments on the filing must be submitted no later than September 1, 1996 to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to Phil Presley, Chief Actuary, P.O. Box 149104, MC 105-5F, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 21.49, which requires notification to the Texas Register of the manual rate filing and exempts the proceeding from the contested case hearing procedures in Article 1.33B, Insurance Code and Chapter 2001, Government Code. Issued in Austin, Texas, on July 26, 1996. TRD-9610797 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 26, 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 Bethania Community Health Electronic Clearinghouse (CHEC), L.L.C., (doing business under the assumed name of Bethania CHEC), a domestic third party administrator. The home office is Grand Prairie, Texas. Application for incorporation in Texas of Creative Risk Funding, Inc., a domestic third party administrator. The home office is Dallas, Texas. Application for incorporation in Texas of Metroplex Behavioral Healthcare Services, Inc., a domestic third party administrator. The home office is Grapevine, 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 July 26, 1996. TRD-9610798 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: July 26, 1996 Texas Commission on Judicial Efficiency Hearing Announcement The Texas Supreme Court, by order of Chief Justice Thomas R. Phillips, established the Texas Commission on Judicial Efficiency to "compile and submit to the 75th Legislature, findings and recommendations regarding information technology, funding parity, and staff diversity within the court system and judicial selection." The Funding Parity Task Force is chaired by Justice Jack Hightower who retired from the Supreme Court on January 1, 1996. The Funding Parity Task Force will report on appropriate levels of funding to staff and equip the courts, methods to ensure the distribution of state and local funds based on the needs and responsibilities of each court, and appropriate sources of funding for each type of court. A hearing is scheduled to occur on Thursday, August 8, 1996 from 10:00 a.m. to 12:00 p.m., in Room E1.016 of the Capitol Extension. The Information Technology, Staff Diversity, and Funding Parity Task Forces will release their reports at a press conference on August 19 and 20 on the Senate Floor of the State Capitol. The meeting is scheduled to last form 9:00 a.m. to 5:00 p.m. each day. Issued in Austin, Texas, on July 26, 1996. TRD-9610823 Anthony Haley General Counsel Texas Commission on Judicial Efficiency Filed: July 26, 1996 Hearing Announcement The Texas Supreme Court, by order of Chief Justice Thomas R. Phillips, established the Texas Commission on Judicial Efficiency to "compile and submit to the 75th Legislature, findings and recommendations regarding information technology, funding parity, and staff diversity within the court system and judicial selection." The Funding Parity Task Force is chaired by Justice Jack Hightower who retired from the Supreme Court on January 1, 1996. The Funding Parity Task Force will report on appropriate levels of funding to staff and equip the courts, methods to ensure the distribution of state and local funds based on the needs and responsibilities of each court, and appropriate sources of funding for each type of court. A hearing is scheduled to occur on Thursday, August 8, 1996 from 10:00 a.m. to 12:00 p.m., in Room E1.016 of the Capitol Extension. The Information Technology, Staff Diversity, and Funding Parity Task Forces will release their reports at a press conference on August 19 and 20 on the Senate Floor of the State Capitol. The meeting is scheduled to last form 9:00 a.m. to 5:00 p.m. each day. Issued in Austin, Texas, on July 30, 1996. TRD-9610997 Anthony Haley General Counsel Texas Commission on Judicial Efficiency Filed: July 30, 1996 Legislative Budget Board Legislative Budget Board Governor's Office of Budget and Planning Legislative Budget Board Joint Budget Hearings Schedule Appropriations Requests for the 1998-1999 Biennium (For the period of August 12-16, 1996) Board of Dental Examiners August 13, 1:00 p.m. John H. Reagan Building, Room 106 105 West 15th Street, Austin, Texas Board of Registration for Professional Engineers August 14, 10:00 a.m. John H. Reagan Building, Room 106 105 West 15th Street, Austin, Texas Higher Education Coordinating Board August 15, 9:00 a.m. John H. Reagan Building, Room 106 105 West 15th Street, Austin, Texas Board of Public Accountancy August 15, 10:00 a.m. Capitol Extension, Room E2.030 State Capitol Building, Austin, Texas Board of Podiatric Medical Examiners August 16, 9:00 a.m. John H. Reagan Building, Room 106 105 West 15th Street, Austin, Texas Board of Architectural Examiners August 16, 10:00 a.m. Capitol Extension, Room E2.030 State Capitol Building, Austin, Texas Board of Plumbing Examiners August 16, 10:00 a.m. John H. Reagan Building, Room 106 105 West 15th Street, Austin, Texas Issued in Austin, Texas, on July 30, 1996. TRD-9610962 Hazel Smith Administrative Technician Legislative Budget Board Filed: July 30, 1996 Texas Lottery Commission Invitation for Bids for Court Reporter Services The Texas Lottery Commission is re-issuing its solicitation for bids to obtain court reporter services for the Texas Lottery Commission as provided in the Invitation for Bid. Objectives. The Texas Lottery requires court reporter services on an as needed basis as indicated in the Invitation to Bid. Schedule. Event Date IFB Issued--August 6, 1996 Letter of Intent to Bid--August 13, 1996 (3:00 p.m. CT) Written Questions August 20, 1996--(3:00 p.m. CT) TLC Answer to Written Questions--August 27, 1996 (or as soon as possible thereafter) Bid Due Date--September 3, 1996 (2:00 p.m. CT) Primary term. Prices quoted must be in effect for the primary term of this contract which is the date of execution through August 31, 1997. At its sole option, the Texas Lottery Commission may extend this contract for two one-year periods following the primary term (August 31, 1997). For a copy of the complete Invitation for Bids please contact: Joanne Severn, Purchasing Supervisor, Texas Lottery Commission, Texas Lottery Commission, (512) 323-3662. Issued in Austin, Texas, on July 31, 1996. TRD-9611016 Joanne Severn Purchasing Supervisor Texas Lottery Commission Filed: July 31, 1996 Withdraw of Solicitation for Bids for Court Reporter Services Texas Lottery hereby withdraws its solicitation for bids for court reporting services issued July 16, 1996 (published 21 TexReg 2726). Issued in Austin, Texas, on July 31, 1996. TRD-9611015 Joanne Severn Purchasing Supervisor Texas Lottery Commission Filed: July 31, 1996 Request for Proposals for Broadcast Services The purpose of this Request for Proposals (RFP) is to obtain separate proposals from various television stations in each of the 20 Designated Market Areas ("DMAs") located throughout the State of Texas for the purpose of broadcasting the drawing of winning number selections in selected games for the Texas Lottery. The Lottery's primary objective is to achieve maximum viewing exposure for the drawings, assuring the highest level of public accessibility and the greatest value for the drawings programming. The intent of the Texas Lottery is to separately contract for the services of a single English and Spanish-language television station within each DMA, where applicable, throughout Texas to provide for the exclusive broadcast of Lottery on-line game drawings. The Lottery will produce specified drawings programming with satellite transmission provided free of charge to the various stations from a production facility procured under a separate RFP. Each Successful Proposer will be responsible for ensuring that the drawings air as planned. Proposers responding to this RFP are expected to provide the Texas Lottery with information, evidence and demonstrations that will permit awarding a contract in a manner that best serves the interests of the Texas Lottery. This RFP is issued by the Texas Lottery. The Texas Lottery is the sole point of contact with regard to all procurement and contractual matters relating to the services described herein. The Texas Lottery is the only office authorized to clarify, modify, amend, alter or withdraw the specifications, terms and conditions of this RFP and any contract awarded as a result of this RFP. Schedule Of Events The time schedule for awarding a contract under this RFP is shown below. The Texas Lottery reserves the right to amend the schedule. If significant changes are made, all potential Proposers will be notified. Issuance of RFP July 26, 1996 Letter of Intent to Propose Due August 5, 1996 (4:00 p.m. CT) (Late letters of Intent will not be considered) Written Questions Due August 9, 1996 (4:00 p.m. CT) Answers to Questions Issued August 14, 1996 Proposal Due Date August 20, 1996 (4:00 p.m. CT) (Late proposals will not be considered) Announcement of Successful Proposer September 3, 1996 (or as soon as possible thereafter) To obtain a copy of the RFP, please contact: Ridgely C. Bennett, Staff Attorney, Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630, (512) 371-4935 or by Fax (512) 371-4989. Issued in Austin, Texas, on July 29, 1996. TRD-9610893 Ridgely C. Bennett Staff Attorney Texas Lottery Commission Filed: July 26, 1996 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing on Medicaid Rates The Texas Department of Mental Health and Mental Retardation (TDMHMR) will conduct a public hearing to receive comments on the department's proposed reimbursements for the following Medicaid program: Home and Community-based Services; Home and Community- based Services-OBRA. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(j), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The hearing will be held at 9:00 a.m., Tuesday, August 13, 1996, in Room 240 of the TDMHMR Central Office (main building) at 909 West 45th Street in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at (512) 206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas, on July 29, 1996. TRD-9610864 Linda Logan Office of Policy Develoment Texas Department of Mental Health and Mental Retardation Filed: July 29, 1996 Natural Resource Conservation Commission Enforcement Orders An agreed enforcement order was entered regarding PLATZER SHIPYARD INC, Docket Number 96-0071-IHW-E (SWR Number 31207) on July 8, 1996 assessing $18,160 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lila Beckley, Enforcement Coordinator, at (512) 239-2130, Texas Natural Resource Conservation Commission-Mail Code 128, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding NORIT AMERICAS, INC., Docket Number 96-0023-IWD-E (Permit Number 00703) on July 8, 1996 assessing $12,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator, at (512) 239-4492 or Guy Henry, Staff Attorney, at (512) 239-6259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding RESCAR, INCORPORATED, Docket Number 96-0499-IWD-E (No TNRCC Water Quality Permit) on July 8, 1996 assessing $3,440 in administrative penalties with $1,032 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, at (512) 239-6259 or Bill Main, Enforcement Coordinator, (512) 239-4481, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding ALICE CITY OF, Docket Number 96-0029-MSW-E (MSW Permit Number 262B) on July 8, 1996 assessing $22,000 in administrative penalties with $22,000 deferred. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney, at (512) 239-0678 or Sam Coyner, Enforcement Coordinator, (512) 239-2519, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding WASTE MANAGEMENT OF TEXAS, INCORPORATED, Docket Number 96-0442-MSW-E (MSW Permit Number 249C) on July 8, 1996 assessing $6,078.40 in administrative penalties with $1,820.40 deferred. Information concerning any aspect of this order may be obtained by contacting Steve Shepherd, Staff Attorney, at (512) 239-0464 or Jerry Allred, Enforcement Coordinator, (512) 239-6738, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding RAYMONDVILLE, CITY OF, Docket Number 96-0493-MWD-E (Permit Number 10365-001) on July 8, 1996 assessing $3,380 in administrative penalties with $1,014 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney, at (512) 239-6259 or Merrilee Mears, Enforcement Coordinator, (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. A default enforcement order was entered regarding WALENTA, MARTY W, Docket Number 96-0544-OSI-E (Installer Certificate Number 3768) on July 8, 1996 assessing $19,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney, at (512) 239-0477 or Robert Powell, Enforcement Coordinator, (512) 239-2150, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. A default enforcement order was entered regarding MONTES, PABLO R, Docket Number 96-0545-OSI-E (Installer Certificate Number 2762), on July 8, 1996 assessing $9,600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney, at (512) 239-0477 or Robert Powell, Enforcement Coordinator, (512) 239-2150, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding GLASS OIL COMPANY, Docket Number 96-0299-PST-E (Facility Number 42585, Enforcement ID E11341) on July 8, 1996 assessing $8,400 in administrative penalties with $2,520 deferred. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney, at (512) 239-0600 or Sushil Modak, Enforcement Coordinator, (512) 239-2126, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding PADILLA, DAVID, Docket Number 96-0710-PST-E (Facility Number 29711, Enforcement ID E11264) on July 8, 1996 assessing $1,200 in administrative penalties with $360 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney, at (512) 239-0600 or Connie Wong, Enforcement Coordinator, (512) 239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding BROACH EQUIPMENT CORPORATION, Docket Number 96-0714-PST-E (Facility Number 35671, Enforcement ID Number E11377) on July 8, 1996 assessing $1,200 in administrative penalties with $360 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney, at (512) 239-3400 or Connie Wong, Enforcement Coordinator, (512) 239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding RIO OILS AND FUELS COMPANY, Docket Number 96-0957-PST-E (TNRCC Facility ID Number 0035964, Enforcement ID Number E10815) on July 8, 1996 assessing $3,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Patricia Capps, Staff Attorney, at (512) 239-0682 or Connie Wong, Enforcement Coordinator, (512) 239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding KHATANI, MOHAMMED, Docket Number 96-0968-PST-E (Owner ID Number 29388, Enforcement ID Number E10453) on July 8, 1996 assessing $800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney, at (512) 239-2269 or Srini Kusumanchi, Enforcement Coordinator, (512) 239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding FARMER, DAN, Docket Number 96- 1021-PST-E (Owner ID Number 6933, Enforcement ID Number E10910) on July 8, 1996 assessing $1,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney, at (512) 239-2269 or Mick Wilson, Enforcement Coordinator, (512) 239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. An agreed enforcement order was entered regarding MR. JERREL LATHAM, Docket Number 95-1390-PST-E (Facility ID Number 65772, Enforcement ID Number E10823) on July 17, 1996 assessing $4,000 in administrative penalties with $4,000 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney, at (512) 239-0477 or Jaime Lopez, Enforcement Coordinator, (512) 239-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas. Issued in Austin, Texas, on July 26, 1996. TRD-9610844 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: July 26, 1996 Notice of Applications for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of July 23, 1996 thru July 25, 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, Telephone (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. TARRANT BAPTIST ASSOCIATION, INC., The wastewater treatment facilities are approximately 1,000 feet due west of the Brazos River and approximately four miles due east of the intersection of Farm-to-Market Road 56 and Farm-to-Market Road 144 in Somervell County, Texas, renewal, 10895-01 CITY OF TOMBALL, The wastewater treatment facilities are at 615 East Huffsmith Road which is approximately 1,400 feet due north of the intersection of Neal Street and East Huffsmith Road in Tomball in Harris County, Texas, renewal, 10616-01 CITY OF TOLAR, The wastewater treatment facilities are approximately 1/5 mile west of Farm-to-Market Road 201 and 1/4 mile south of U.S. Highway 377 on the south side of Squaw Creek in the City of Tolar in Hood County, Texas, renewal, 11265-01 BORDEN, INC., The applicant operates a dairy processing plant, The plant site is at 500 North Jackson Street in the City of Sulphur Springs in Hopkins County, Texas, amendment, 02872 NORTHWEST AIRPORT MANAGEMENT, INC., doing business as David Wayne Hooks (DWH) Airport, The applicant operates a regional airport, The plant site is approximately 1.4 miles northwest of the intersection of Stuebner Airline Road and Spring Cypress Road and approximately 0.8 mile southeast of the intersection of Boudreaux Road and Stuebner Airline Road in the City of Houston in Harris County, Texas, new, 03879 PETTUS MUNICIPAL UTILITY DISTRICT, The wastewater treatment facilities are approximately 1,400 feet west of U.S. Highway 181 and 2,400 feet south of Farm- to-Market Road 623 in Bee County, Texas, amendment, 10748-01 CITY OF LAMPASAS, The wastewater treatment facilities are on the south side of Sulphur Creek near the east of Creek Street approximately 6,000 feet northeast of the intersection of U.S. Highway 183 and U.S. Highway 190 in the City of Lampasas in Lampasas County, Texas, amendment, 10205-02 NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 19, The wastewater treatment facilities are at 25714 Steeple Canyon, approximately 1 1/4 miles east of the intersection of Hufsmith Road and Kuykendahl Road in Harris County, Texas, renewal, 12153-01 APRIL PLAZA MARINA, INC., The wastewater treatment facilities are about three miles west of the State Highway 105 crossing of the San Jacinto River between State Highway 105 and the south shore of Lake Conroe in Montgomery County, Texas, renewal, 11693-01 TEXAS A&M UNIVERSITY SYSTEM, The wastewater treatment facilities are on the south side of State Highway 44, approximately 1 mile west of the intersection of State Highway 44 and Farm-to-Market Road 2292 in Nueces County, Texas, renewal, 11345-01 CITY OF MOUNT PLEASANT, The wastewater treatment facilities are approximately 5,000 feet east of U.S. Highway 271 and approximately 11,000 feet north of the crossing of U.S. Highway 271 and Big Cypress Creek in Titus County, Texas, amendment, 10575-04 CITY OF GODLEY, The wastewater treatment facilities are adjacent to West Nolan Creek, approximately 600 feet south of the intersection of State Highway 171 and Farm-to-Market Road 930 in the City of Godley in Johnson County, Texas, renewal, 10542-01 CITY OF DODD CITY, The wastewater treatment facilities are approximately 2,200 feet southwest of the intersection of State Highway 897 and U.S. Highway 82, and approximately 2,500 feet southeast of the intersection of South Highway 82 and Farm-to-Market Road 2077, southeast of Dodd City in Fannin County, Texas, renewal, 10538-01 CITY OF BOYD, The wastewater treatment facilities are on the north side of State Highway 114, approximately 1,000 feet east-northeast of the intersection of Farm-to-Market Road 730 and State Highway 114 in Wise County, Texas, renewal, 10131-01 XIU HUI LI MCCULLOCH, The wastewater treatment facilities are approximately 1,600 feet northwest of the intersection of Aldine-Westfield Road and Hartwick Road and approximately 2,300 feet south of Halls Bayou in Harris County, Texas, renewal, 13084-01 CITY OF DEKALB, The wastewater treatment facilities are south of Dekalb, approximately 1.5 miles due south of the intersection of U.S. Highway 82 and Farm-to-Market Road 992 in Bowie County, Texas, renewal, 10062-02 CITY OF BROWNSBORO, The wastewater treatment facilities are north of Brownsboro on the west side of Farm-to-Market Road 314 at the north end of the highway bridge over Kickapoo Creek in Henderson County, Texas, renewal, 10540-01 CITY OF LOCKNEY, The wastewater treatment facility and the disposal site are at a point approximately 0.1 mile south of U.S. Highway 70 and 1.0 mile east of Farm-to-Market Road 378, and southeast of the City of Lockney in Floyd County, Texas, renewal, 10211-01 GATX TERMINALS CORPORATION, The applicant operates a bulk storage terminal, The plant site is at the north terminus of Witter Street on the northern edge of the City of Pasadena in Harris County, Texas, renewal, 01308 AIR PRODUCTS INCORPORATED, The applicant operates a facility that manufactures organic and inorganic chemicals, The plant site is at 1423 State Highway 225, northeast of Red Bluff Road in the City of Pasadena in Harris County, Texas, renewal, 02382 CITY OF CELESTE, The wastewater treatment facilities are approximately 4,000 feet west of U.S. Highway 69 and approximately one mile south-southwest of the intersection of U.S. Highway 69 and the Atchison-Topeka and Santa Fe Railway in Hunt County, Texas, amendment, 10146-01 ALLIED INDUSTRIES, INC., The applicant operates a metals fabrication facility. The plant site is at 2828 Clinton Drive, which is approximately 2,000 feet south of the intersection of U.S. Highway 59 and Interstate Highway 10 in the City of Houston in Harris County, Texas, renewal, 02725 FINE ORGANICS CORPORATION, INC., The applicant proposes to operate the Chambers Plant, a petroleum refinery and organic chemical manufacturing plant, The plant site is at 6655 West Bay Road, adjacent and east of Cedar Bayou, approximately 2.5 stream miles south of the State Highway 146 Cedar Bayou Bridge and northeast of the City of Baytown in Chambers County, Texas, renewal, 02777 Issued in Austin, Texas, on July 26, 1996. TRD-9610843 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: July 26, 1996 Notice of Opportunity To Comment On Permitting Actions For the week ending July 26, 1996 The following applications will be signed by the Executive Director in accordance with 30 TAC 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 Commissioners who will determine whether or not to send the matter to the State Office of Administrative Hearings. If no protests or requests for hearing are filed, the Executive Director will sign the permit 10 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, Telephone (512) 239-3300. Signature of a Proposed Order Approving the Application by First Colony Municipal Utility District Number 4 of Fort Bend County for Approval of $1,025,000 Unlimited Tax Bonds, Sixth Issue, 6.99% Net Effective Interest Rate, Series 1996. Applicant requests approval of a bond issue to finance connection charges paid to the City of Sugar Land for water and wastewater service, engineering and construction costs associated with water, wastewater and drainage facilities to serve the Sweetwater, Section 4 development. (TNRCC Internal Control Number 020696-D01, Rob Cummins) Signature of a Proposed Order Approving the Application by Harris County Municipal Utility District Number 122 for Approval of $1,870,000 Unlimited Tax and Revenue Bonds, Second Issue, 7.42% Net Effective Interest Rate, Series 1996. Applicant requests approval of a bond issue to finance engineering and construction costs associated with a waterline extension along South Gessner Road; land acquisition costs for the District's wastewater treatment plant site; developer advances to the District's operating fund account; water, wastewater and drainage facilities to serve Colony Crossing-Village of Talbots Mill Phases I and II, Colony Crossing-Village of Sander's Ridge, and Colony Crossing-Village of Sawyer's Crossing (TNRCC Internal Control Number 102595-D01, Rob Cummins) CITY OF HOUSTON, Department of Public Works and Engineering for a minor amendment to Permit Number 10495-23 to revise the sludge provisions of the existing permit in accordance with 30 TAC Chapter 312. The current permit authorizes a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 4,000,000 gallons per day and a final volume not to exceed an average flow of 9,400,000 gallons per day, which will remain the same. The wastewater treatment facilities are at 5565 Kirkpatrick in the City of Houston in Harris County, Texas. CITY OF HOUSTON, Department of Public Works and Engineering for a minor amendment to Permit Number 10495-10 to revise the sludge provisions of the existing permit in accordance with 30 TAC Chapter 312. The current permit authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 2,000,000 gallons per day, which will remain the same. The wastewater treatment facilities are at 9030 Clinton Drive in the City of Houston in Harris County, Texas. CITY OF MINERAL WELLS for a minor amendment to Permit Number 10585-03 in order to revise the freshwater chronic biomonitoring requirements. The permit currently authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 1,260,000 gallons per day, which will remain the same. The wastewater treatment facilities are approximately 1,700 feet northwest of the intersection of U.S. Highway 180 and Rock Creek in Parker County, Texas. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT Number 130 for a minor amendment to Permit Number 12574-01 to add an interim phase. The current permit authorizes a discharge of treated domestic wastewater effluent at an interim volume not to exceed an average flow of 100,000 gallons per day and a final volume not to exceed an average flow of 500,000 gallons per day. The proposed amendment would authorize an interim I volume not to exceed an average flow of 100,000 gallons per day, an interim II volume not to exceed an average flow of 340,000 gallons per day and a final volume not to exceed an average flow of 500,000 gallons per day. The wastewater treatment facilities are approximately 0.5 mile south of U.S. Highway 290 and approximately one mile east of Jack Rabbit Road in Harris County, Texas. CITY OF HOUSTON, Department of Public Works and Engineering for a minor amendment to Permit Number 10495-122 to revise the sludge provisions of the existing permit in accordance with 30 TAC Chapter 312. The current permit authorizes a discharge of treated domestic wastewater effluent at a volume not to exceed an average flow of 5,000,000 gallons per day, which will remain the same. The wastewater treatment facilities are approximately 1.0 mile southeast of the intersection of U.S. Highway 59 and Northbelt (Beltway 8) in Harris County, Texas. Signature of a Proposed Order Approving the Application by Interstate Municipal Utility District of Harris County for Approval of $5,900,000 Unlimited Tax and Revenue Bond Issue, Second Issue, 6.92% Net Effective Interest Rate, Series 1996. Applicant requests approval of a bond issue to finance water supply and wastewater treatment costs; and water, wastewater, and drainage facilities for commercial areas in the District. Pursuant to Texas Water Code, Chapter 49.181. (TNRCC Internal Control Number 041596-D02; Robert Cummins) Consideration of the application of City of Temple to amend Water Certificate of Convenience and Necessity Number 11435 and to decertificate a portion of CCN Number 11807 issued to Dan Smith doing business as Arrowhead Hills Water System in Bell County, Texas. (Application #31187-C, Darrell Nichols) Consideration of the application of Wade Granger doing business as Granger Water Systems, CCN Number 12684, to Acquire the Water Utility Facilities of Birdnest Addition Subdivision and Transfer a Portion of Water CCN Number 12243 from Larry Brewer in Orange County, Texas. (Application #31039-S, Darrell Nichols) Consideration of the application of Texas H2O Inc. to Transfer a Portion Water CCN Number 12087 and Sewer CCN Number 20705 from Double Diamond Inc.; and Obtain Water and Sewer Certificates in Hood County, Texas. (Application #31136-S and 31137-S, Vera Poe) Consideration of the application of Ray Whaley for a Water CCN in Brazoria County, Texas. (Application #31167-C, Albert Holck) . Issued in Austin, Texas, on July 26, 1996. TRD-9610842 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: July 26, 1996 Notice of Public Hearing (Chapter 106) Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, sec.382.017; Texas Government Code, Subchapter B, Chapter 2001; 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 (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to Chapter 106 and the SIP. The commission proposes new sec.106.231, concerning the exemption of surface coating facilities located at wood products manufacturing, restoring, or refinishing operations from the preconstruction air permitting requirements of the Texas Health and Safety Code, the Texas Clean Air Act, sec.382.057 and sec.382.0518. This rulemaking action is part of the commission's plan to recodify standard exemptions in a new Chapter 106, concerning Exemptions from Permitting. The new sec.106.231 will replace current Standard Exemption (SE) Number 75, but only for wood products manufacturers, restorers, or refinishers that conduct surfact coating operations on-site. Surface coating operations at these types of businesses that are constructed or modified after the effective date of this section will be subject to the requirements of this new section; however, those constructed before the effective date of this exemption may continue to use SE 75 to exempt surface coating operations on-site. In addition, surface coating operations not located at wood products manufacturing, restoring, or refinishing operations must continue to use SE 75. A public hearing on the proposal will be held September 12, 1996, at 10:00 a.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. 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 answer questions before and after the hearing. Written comments may be mailed to Lisa Martin, TNRCC 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 96136- 106-AI. Comments must be received by 5:00 p.m., September 12, 1996. For further information, please contact Lisa Evans, (512) 239-5885 or Phil Harwell, (512) 239-1517. 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 July 24, 1996. TRD-9610819 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 24, 1996 Notice of Public Meeting The Texas Natural Resource Conservation Commission (TNRCC) announces a public meeting to address technical issues related to the Texas Risk Reduction Program. The meeting will be held from 9:00 a.m. to 4:00 p.m. on August 14, 1996, at TNRCC Building F, Room 2210, 12100 Park 35 Circle, Austin, Texas 78753. The discussion at the meeting will focus on several specific technical issues within the risk reduction conceptual document, and it is recommended that all interested parties encourage their technical experts and consultants to attend. The commission plans to address the following issues at the August 14th meeting: ground water classification; soil protective concentrations for ground water; Class 3 ground water exposure pathways; surface soil exposure depths; use of Tier 1 residential levels for investigation/notification; risk levels; nonaqueous phase liquids; and total petroleum hydrocarbon method. For further information regarding this announcement, please contact Jace Houston, Waste Policy and Regulations Division, at (512) 239-4641. Issued in Austin, Texas, on July 31, 1996. TRD-9611008 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 31, 1996 Public Hearing Notice Notice is hereby given that pursuant to the requirement of the Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC) will conduct a public hearing to receive testimony concerning the repeal of existing Chapter 310 and a proposed new Chapter 210, relating to the use of reclaimed water (i.e., treated wastewater); general requirements for producers, providers, and users of reclaimed water; quality criteria; specific uses and reporting requirements for reclaimed water; and alternative and pre- existing reclaimed water systems. The purpose of the proposed new sections is to clarify, strengthen, and update requirements relating to quality criteria and design and operational requirements. The proposed new chapter will achieve consistency in the renumbering system for all water related rules to be contained in the 200 series under Title 30 of the Texas Administrative Code. The proposed new requirements will also continue to encourage and facilitate the reuse of treated domestic wastewater effluent from municipal wastewater treatment facilities for beneficial purposes to assist in the conservation of surface and groundwater; ensure the protection of public health; to protect the quality of surface and ground water; and to help ensure an adequate supply of water for present and future needs. A public hearing on the proposal will be held August 13, 1996, at 10:00 a.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured to receive oral or written comments by interested persons. Individuals may present oral statements when called upon in the order of registration. Open discussion within the audience will not occur during the hearing; however, a commission 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 on the proposal should refer to Rule Log No. 95121-210-WT and may be submitted to Lutrecia Oshoko, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may be faxed to (512) 239-5687, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be received by 5:00 p.m., 30 days from the date of publication of this proposal in the Texas Register. Such comments will not receive individual responses but, rather, will be addressed in the preamble of the adopted rules and published in the Texas Register. For further information concerning this proposal, please contact Louis C. Herrin, III, Wastewater Permits Section, Agriculture and Watershed Management Division, at (512) 239-5552. 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 July 24, 1996. TRD-9610693 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 24, 1996 Public Utility Commission of Texas Notices of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 1, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Joint Application of El Paso Electric Company and Rio Grande Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries within Hudspeth County, Docket Number 16138 before the Public Utility Commission of Texas. The Application: In Docket Number 16138, El Paso Electric Company and Rio Grande Electric Cooperative, Inc. requests approval of the application to revise current certificated service area boundaries within Hudspeth County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458- 0388, or (512) 458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas, on July 30, 1996. TRD-9610965 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 30, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 1, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Rio Grande Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries within Culberson County, Docket Number 16181 before the Public Utility Commission of Texas. The Application: In Docket Number 16181, Rio Grande Electric Cooperative, Inc. requests approval of its application for a service area exception within Culberson County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0388, or (512) 458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas, on July 30, 1996. TRD-9610966 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 30, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 1, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Rio Grande Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries within Hudspeth County, Docket Number 16182 before the Public Utility Commission of Texas. The Application: In Docket Number 16182, Rio Grande Electric Cooperative, Inc. requests approval of its application for a service area exception within Hudspeth County. Persons who wish to intervene in the proceeding or comment upon action sought, shouldcontact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0388, or (512) 458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas, on July 30, 1996. TRD-9610967 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 30, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 1, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of El Paso Electric Company to Amend Certificated Service Area Boundaries within Culberson County, Docket Number 16183 before the Public Utility Commission of Texas. The Application: In Docket Number 16183, El Paso Electric Company requests approval of its application for a service area exception within Culberson County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0388, or (512) 458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas, on July 30, 1996. TRD-9610968 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 30, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 1, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Rio Grande Electric Cooperative, Inc. to Amend Certificated Service Area Boundaries within El Paso County, Docket Number 16184 before the Public Utility Commission of Texas. The Application: In Docket Number 16184, Rio Grande Electric Cooperative, Inc. requests approval of its application for a service area exception within El Paso County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458- 0388, or (512) 458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas, on July 30, 1996. TRD-9610969 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 30, 1996 Notices of Intent to File Pursuant to Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Bank One-Fort Worth in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Bank One-Fort Worth in Fort Worth, Texas. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16215. The Application. Southwestern Bell Telephone Company is requesting approval for a 370 station addition to the existing PLEXAR-Custom service for Bank One-Fort Worth. The geographic service market for this specific service is the Fort Worth, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Division at (512) 458- 0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 26, 1996. TRD-9610824 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 26, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on July 19, 1996, pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a customer-specific contract for billing and collection services with Southwestern Bell Mobile Systems. Tariff Title and Number: Application of Southwestern Bell Telephone Company for Approval of a Customer-Specific Contract for Billing and Collection Services with Southwestern Bell Mobile Systems Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16199. The Application: Southwestern Bell Telephone Company seeks approval of a customer-specific billing and collection services contract with Southwestern Bell Mobile Systems. The services pursuant to the customer-specific contract will be offered anywhere within the state of Texas where Southwestern Bell Mobile Systems provides services to Southwestern Bell end user customers. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas, 78757, or call the Public Utility Commission Consumer Affairs Section at (512) 458- 0223, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 25, 1996. TRD-9610714 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 25, 1996 Notice of Intent to File LRIC Studies Pursuant to Substantive Rule sec.23.91 On July 17, 1996, GTE Southwest, Inc. (GTE-SW) filed notice of intent to file LRIC studies pursuant to Substantive Rule sec.23.91 for Analog Shared Directory Number, ISDN Automatic Callback on Busy, Bridging, Call Alternation, ISDN Call Drop, ISDN Call Forwarding, ISDN Call Pickup, Conference Calling, Digital Data Intercom Dialing, Feature Function Buttons, Feature Inspect, Flex Calling, ISDN Call Hold, ISDN Intercom Function, Key System Coverage Analog Lines, Manual Exclusion, Multiple Directory Number Buttons, Privacy Release, Ring Again, Shared Call Appearances of Directory Numbers, Speed Calling, Station Restriction, Terminal Management, Time and Date Display, ISDN Toll Restriction, ISDN Transfer, Called Line Identification, Delayed and Abbreviated Ringing, Display for Ringing Call Appearance Only, Initiated Priority Calling, Intercom Alerting, Originating Priority Calling, Outgoing Called Line Identification for ISDN Terminals, Priority Calling Incoming Only, Terminal Inspect, ISDN Circuit Switched Voice-with Intercom, ISDN Circuit Switched Voice-without Intercom, ISDN Basic Circuit Switched Data, NACC-ISDN Switch Interface in Project Nos. 12475 and 12481, Applications of Southwestern Bell Telephone Company and GTE Southwest, Inc. for Approval of LRIC Workplans Pursuant to Substantive Rule 23.91. GTE-SW filed these studies on July 22, 1996. Persons who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Commission by September 10, 1996. A request to intervene, participate, or for further information should be mailed to the Public Utility Commission of Texas, 7800 Shoal Creek Blvd., Suite 400N, Austin, Texas 78757. Further information may also be obtained by calling the Public Utility Commission Public Information Office at (512) 458-0256. The telecommunications device for the deaf (TDD) is (512) 458-0221. Issued in Austin, Texas, on July 25, 1996. TRD-9610713 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 25, 1996 Public Notice On July 29, 1996, Southwestern Bell Telephone Company (SWB) filed notice of intent to file LRIC studies pursuant to Substantive Rule sec.23.91 for Cellular Mobile Telephone Interconnection - Usage and (SWA) Basic Serving Arrangements (B, C, & D) in Project Numbers 12475 and 12481, Applications of Southwestern Bell Telephone Company and GTE Southwest, Inc. for Approval of LRIC Workplans Pursuant to Substantive Rule 23.91. SWB expects to file these studies on August 8, 1996. Persons who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Commission by September 18, 1996. A request to intervene, participate, or for further information should be mailed to the Public Utility Commission of Texas, 7800 Shoal Creek Blvd., Suite 400N, Austin, Texas 78757. Further information may also be obtained by calling the Public Utility Commission Public Information Office at (512) 458-0256. The telecommunications device for the deaf (TDD) is (512) 458-0221. Issued in Austin, Texas, on July 30, 1996. TRD-9610970 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: July 30, 1996 San Antonio-Bexar County Metropolitan Planning Organization Request for Proposals The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct a Historic Trolley Feasibility Study. A copy of the Request for Proposals (RFP) may be requested by calling the Metropolitan Planning Organization at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. September 4, 1996, at the MPO office: South Texas Building 603 Navarro, Suite 904 San Antonio, Texas 78205. A pre-proposal meeting is scheduled for 9:30 a.m., Tuesday, August 20, 1996 in the VIA Board Room, VIA Metropolitan Transit, 800 Myrtle, San Antonio, Texas. The contract award will be made by the MPO's Transportation Steering Committee based on the recommendation of the Consultant Selection Committee. The Consultant Selection Committee will review the proposals based on the evaluation criteria listed in the RFP. Funding for this study, in the amount of $100,000 is contingent upon the availability of Federal transportation planning funds. Issued in Austin, Texas, on July 29, 1996. TRD-9610917 Charlotte A. Roszelle Office Manager/Grants Coordinator San Antonio-Bexar County Metropolitan Planning Organization Filed: July 29, 1996 Office of the Secretary of State Correction of Error In the July 26, Part I, publication of the Texas Register incorrectly shows on page 21 TexReg 6928 the rules listed as "PROPOSED RULES". All the rules under this listing are actually "ADOPTED RULES". Texas Department of Transportation Request for Proposals Notice of Invitation. The Texas Department of Transportation (TxDOT) intends to engage an engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, to perform a preliminary feasibility study for the proposed Camino Colombia Toll Road, to be constructed, owned, operated, and maintained by Camino Colombia, Inc., a private toll road corporation chartered under the authority and in accordance with Chapter 11, Title 32, Revised Statutes, and Section 30, Chapter 766, Acts of the 72nd Legislature, Regular Session (1991). The toll road will intersect FM 1472 (Mines Road) in the vicinity of the Columbia Solidarity Bridge and international port of entry and terminate at I.H. 35 north of Laredo. Prior to constructing the project, the corporation is required by Transportation Code, Chapter 362, Subchapter C, to secure approval by the Texas Transportation Commission. On February 29, 1996, the Texas Transportation Commission passed Minute Order Number 106730, granting Camino Colombia, Inc., preliminary approval for the project, contingent upon documentation substantiating the project will produce the revenue sufficient to finance the construction, maintenance, operation, design, and planning of the project based upon accurate traffic data and projections. In order to evaluate any such submission, TxDOT has determined that a professional study is desirable to provide insight and evaluation of the complex transportation situation near Laredo within a reasonable time. The engineer selected must perform a minimum of 30% of the actual contract work to qualify for contract award. Unless demonstrated otherwise, TxDOT believes that Wilbur Smith Associates, Engineers and Planners, is the most highly qualified provider of these services on the basis of demonstrated competence and qualifications. TxDOT believes that Wilbur Smith Associates is widely regarded as a leader in the field of traffic and toll revenue studies and has completed many similar studies including studies of Texas-Mexico bridges. Deadline. A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 463-6661, by hand delivery or by mail addressed to Frank J. Smith, Director, Budget and Finance Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas, 78701- 2483. Letters of interest will be received until 5:00 p.m. on Friday, August 16, 1996. The letter of interest must include the engineer's firm name, address, telephone number, and name of engineer's contact person. Upon receipt of the letter of interest a Request for Proposal packet will be issued. (Note: Written requests, either by mail, hand delivery or fax will be required to receive Request for Proposal packets. TxDOT will not issue Request for Proposal packets without receipt of a letter of interest. Agency Contact. Requests for additional information regarding the request for proposals should be addressed to Frank J. Smith, at the previously mentioned address or by telephone at (512) 463-8684. Issued in Austin, Texas, on July 30, 1996. TRD-9610932 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: July 30, 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: City of Edinburg, 210 West McIntyre Street, Edinburg, Texas, 78540, received June 20, 1996, application for Colonia Assistance and Management Support Program assistance in an amount not to exceed $135,050 from the Research and Planning Fund. Angelina and Neches River Authority-Holmwood Project, 210 Lufkin Avenue, Lufkin, Texas, 75901, received June 24, 1996, application for additional financial assistance in the amount of $20,000 from the State Water Pollution Control Revolving Fund. Houston County Water Control and Improvement District Number 1, P.O. Box 1246, Crockett, Texas, 75835, received July 2, 1996, application for financial assistance in the amount of $600,000 from the Water Supply Account of the Texas Water Development Fund. City of Baytown, P.O. Box 424, Baytown, Texas, 77520, received July 15, 1996, application for financial assistance in the amount of $4,680,000 from the State Water Pollution Control Revolving Fund. North Alamo Water Supply Corporation, 420 South Doolittle, Edinburg, Texas, 78539, received June 5, 1996, application for grant/loan assistance in the amount of $2,384,302 from the Economically Distressed Areas Program and the Water Supply Account of the Texas Water Development Fund. City of Primera, Route 1, Box 176, Primera, Texas, 78552, received June 1, 1996, application for grant/loan assistance in the amount of $8,782,202 from the Economically Distressed Areas Program of the Texas Water Development Fund. Upper Trinity Regional Water District, 396 West Main, Suite 102, Lewisville, Texas, 75067, received July 1,1996, application for financial assistance in the amount of $3,085,000 from the State Water Pollution Control Revolving Fund. City of Groves, P.O. Box 846, Groves, Texas, 77619, received May 31,1996, application for financial assistance in the amount of $14,000,000 from the State Water Pollution Control Revolving Fund. Harris County Utility District Number 5, P.O. Box 5447, Kingwood, Texas, 77325, received July 1, 1996, application for financial assistance in the amount of $4,615,000 from the State Water Pollution Control Revolving Fund. Live Oak Underground Water Conservation District, P.O. Box 980, George West, Texas, 78022, received July 10, 1996, application for financial assistance in the amount of $45,000 from the Agricultural Water Conservation Bond Program. Orange County Water Control and Improvement District Number 2, P.O. Box 546, Orange, Texas, 77630, received July 2, 1996, application for financial assistance in the amount of $3,890,000 from the State Water Pollution Control Revolving Fund. 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 July 31, 1996. TRD-9611007 Craig D. Pedersen Executive Administrator Texas Water Development Board Filed: July 31, 1996 Texas Workforce Commission Request for Proposals A. Authorization of Funding The funds are authorized by Texas Labor Code, Annotated Chapter 81 (Vernon 1996). B. Scope of Work These grant funds may be used for a study of the cost/benefits of a dependent care workplace program that supports working families. The study should demonstrate a measurable benefit for the employer/employee from the dependent care program/policy, including reduced absenteeism, increased productivity, improved morale or increased ability of employer to recruit and retain most desireable workers, or others. Proposals will be selected based on the validity of the research methods proposed, and the ability to complete the study and prove results. C. Definitions Dependent Care is defined as care for children, elderly, or disabled relatives. D. Eligible Applicants Eligible applicants are government and non-government entities. Grants to support cost/benefit studies will be awarded only to well-established organizations with at least a 2-year history of managing or operating workplace or community dependent care programs serving employers. Organizations selected for grant awards must have trained staff available to manage the grant activities. E. Available Funding Proposals for grant programs may request up to $25,000, and are required to provide 10% match for funds requested. Funding is available for up to 3 projects. This is a cost reimbursement contract for expenditures made during the contract period only. Expenditures made before the contract period will not be reimbursed. F. Length of Contract The contract period is twelve (12) months beginning August 30, 1996. G. Selection, Notification, and Negotiation Process The Texas Workforce Commission (TWC) anticipates completing the selection process by no later than August. 23rd 1996. Budget and Performance Statement negotiations will be conducted by TWC in advance of awarding grants. TWC reserves the right to vary all provisions of this RFP prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas. H. Due Date and Agency Contact The deadline for receipt and consideration of a proposal is 4:00 p.m., August 16, 1996. For further information and to order Application Packets, contact the Grants Staff, Texas Work and Family Clearinghouse, 3520 Executive Center Drive, Suite 209, Austin, Texas 78731-1637. Phone (512) 502-3770 FAX (512) 502-3777. This notice constitutes an extension of an RFP, with a deadline of July 18, 1996, originally published in the Texas Register on June 21, 1996. A list of funded grantees will be published in the Texas Register following contract finalization. Issued in Austin, Texas, on July 30, 1996. TRD-9610981 Esther Hajdar Director of Legal Services Texas Workforce Commission Filed: July 30, 1996