IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Boll Weevil Eradication Foundation Notice of Extension of Comment Period The Texas Boll Weevil Eradication Foundation (TBWEF) is extending the comment period for its proposed regulations concerning rules and regulations relating to the referenda held on a petition to discontinue the TBWEF program within an established zone. The regulations were published in the July 19, 1996, issue of the Texas Register (21 TexReg 6748). The comment period is extended for a period of 30 days, ending September 18, 1996. Comments may be submitted to Franklin D. Myers, Executive Director, Texas Boll Weevil Eradication Foundation, P. O. Box 5089, Abilene, Texas 79608. Any questions regarding the proposal should be directed to Mr. Myers at 1-800-687- 1212. Issued in Austin, Texas, on August 20, 1996. TRD-9612154 Dolores Alvarado Hibbs Deputy General Counsel Texas Boll Weevil Eradication Foundation Filed: August 20, 1996 Texas Education Agency Request for Applications Concerning 1997 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant Program Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-96-032 is authorized by the Texas Education Code, sec.7.024. Eligible Applicants. The Texas Education Agency (TEA) is requesting applications from public school districts on behalf of individual school campuses. Each campus must have demonstrated a commitment to campus deregulation and to restructuring educational practices and conditions by entering into a partnership with representatives of all of the following entities: school staff; parents of students; community and business leaders; school district officers; a nonprofit, community-based organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards; and TEA. A separate application, specific to the applying campus, must be submitted for each campus for which a district is applying. Any campus that has been selected to receive, or is operating, a 1995-1997 or a 1996-1997 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement grant is not eligible to apply for, or to receive, a 1997 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement grant. Description. The purpose of this initiative is to assist eligible, individual public school campuses in: implementing practices and procedures consistent with deregulation and school restructuring to improve student achievement; and identifying and training parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. Grants must be used to train and develop school staff, parents, and community and business leaders so they understand and implement the: academic standards and practices necessary for high academic achievement; appropriate strategies to deregulate and restructure the school to improve student achievement; and effective strategies to organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards. No more than 20% of the total grant funds may be used to implement the academic standards and practices necessary for high academic achievement. No more than 25% of the total grant funds may be used to implement strategies that are developed by partners and designed to enrich and extend student learning experiences outside of the regular school day. Grantees must demonstrate: the development and implementation of a comprehensive plan to engage in ongoing development and training of teachers, parents, and community leaders to understand academic standards, develop effective strategies to improve academic performance, and organize a large constituency of parents and community leaders to hold the school and school district accountable for achieving high academic standards; ongoing progress in achieving higher academic performance; and ongoing progress in identifying, training, and organizing parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. Dates of Project. The Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant Program will be implemented during 1997. Applicants should plan for a starting date of no earlier than December 2, 1996, and an ending date of no later than August 31, 1997. Project Amount. Each project will be eligible for up to $20,000 for 1997. Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. The TEA reserves the right to select from the highest ranking applications campuses whose total percent of identified students from low-income families is 60% or higher or campuses whose total percent of students passing all tests taken on the Spring 1996 Texas Assessment of Academic Skills (TAAS) was below the state average. Campuses meeting the "low-income" or TAAS criterion will be identified by consulting TEA printouts. The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response. Requesting the Application. A complete copy of RFA #701-96-032 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA number in your request. Further Information. For clarifying information about the RFA, contact Barbara Slough, Texas Education Agency, (512) 463-8306. Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. Central Standard Time, Wednesday, October 9, 1996, to be considered. Issued in Austin, Texas, on August 21, 1996. TRD-9612164 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: August 21, 1996 Office of the Governor Criminal Justice Division Notice of Invitation for Application The Criminal Justice Division, Officer of the Governor, announces the availability of grant funds for local and regional projects under the Fiscal Year 1998 Governor's Criminal Justice Plan for Texas (Plan). Funding is available under the Criminal Justice Planning (421) Fund, the Juvenile Justice and Delinquency Prevention (JJDP) Fund, the Title V Delinquency Prevention Fund, the Crime Stoppers Assistance Fund, the Texas Narcotics Control Program, the Victims of Crime Act Fund, Violence Against Women Act Fund and the Safe and Drug-Free Schools and Communities Act Fund. Interested applicants should call or write to the regional council of governments for their county for information on application deadlines and submission requirements. Detailed specifications are in the Plan. The Application Kit, including the plan, is available from the Criminal Justice Division, Office of the Governor or the criminal justice planners at the regional councils of governments. Contact person: If additional information is needed, contact Camille Cain at (512) 463-1789. Closing Date for Receipt of Applications: Application deadlines are set by the regional councils of governments. Prospective applicants should contact the criminal justice planner for relevant deadlines. Selection Process: All applications will be prioritized by the Criminal Justice Advisory Committees of the regional councils of governments based on need for the program. Priority listings will be approved by the Executive Committees of the regional councils. CJD will review the applications for eligibility and the Governor or his designee will make all final funding decisions. Issued in Austin, Texas, on August 20, 1996. TRD-9612151 Pete Wassdorf Deputy General Counsel, Office of the Governor Office of the Governor, Criminal Justice Division Filed: August 20, 1996 The Criminal Justice Division, Officer of the Governor, announces the availability of grant funds for statewide projects under the Fiscal Year 1998 Governor's Criminal Justice Plan for Texas (Plan). Funding is available under the Criminal Justice Planning (421) Fund, the Juvenile Justice and Delinquency Prevention (JJDP) Fund, the Title V Delinquency Prevention Fund, the Crime Stoppers Assistance Fund, the Texas Narcotics Control Program, the Victims of Crime Act Fund, Violence Against Women Act Fund, and the Safe and Drug-Free Schools and Communities Act Fund. Detailed specifications are in the Plan. The Application Kit, including the plan, is available from the Criminal Justice Division, Office of the Governor. Contact person: If additional information is needed, contact Camille Cain at (512) 463-1789. Closing Date for Receipt of Applications: The original and one copy of the application must be received by mail or hand delivered by 5:00 pm on Monday, March 3, 1997. Applications may be hand delivered or express mailed to 221 East 11th Street, Austin, Texas 78701 or mailed to Criminal Justice Division, Attention: Nancy Carrales, Post Office Box 12428, Austin, Texas 78711. Selection Process: All applications will be reviewed for eligibility and rated competitively according to funding source by a group of staff members at CJD selected by the executive director of CJD. The Governor or his designee will make all final funding decisions. Issued in Austin, Texas, on August 20, 1996. TRD-9612152 Pete Wassdorf Deputy General Counsel, Office of the Governor Office of the Governor, Criminal Justice Division Filed: August 20, 1996 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for Courtesy Insurance Company, a foreign fire and casualty company. The home office is in Deerfield Beach, Florida. Application for a name change in Texas for United Wisconsin Life Insurance Company, a foreign life, accident and health company. The proposed new name is American Medical Security Life Insurance 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 August 21, 1996. TRD-9612178 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: August 21, 1996 Notice of Application by Certus HealthCare, L.L.C., McAllen, Texas for Issuance of a Certificate of Authority to Establish and Operate an HMO in the State of Texas Notice is given to the public of the application of CERTUS HEALTHCARE, L.L.C., McAllen, Texas, for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) offering basic health care services in the State of Texas in compliance with the Texas HMO Act and rules and regulations for HMOs. The application is subject to public inspection at the offices of the Texas Department of Insurance, HMO Unit, 333 Guadalupe, Hobby Tower I, 6th Floor, Austin, Texas. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to issue a certificate of authority to CERTUS HEALTHCARE, L.L.C., without a public hearing. Issued in Austin, Texas, on August 21, 1996. TRD-9612180 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: August 21, 1996 Notice of Application by HealthPlan of Texas, Inc., Tyler, Texas for Issuance of a Certificate of Authority to Establish and Operate an HMO in the State of Texas Notice is given to the public of the application HEALTHPLAN of TEXAS, INC., Tyler, Texas for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) offering basic health care services in the State of Texas in compliance with the Texas HMO Act and rules and regulations for HMOs. The application is subject to public inspection at the offices of the Texas Department of Insurance, HMO Unit, 333 Guadalupe, Hobby Tower I, 6th Floor, Austin, Texas. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to issue a certificate of authority to HEALTHPLAN of TEXAS, INC. without a public hearing. Issued in Austin, Texas, on August 21, 1996. TRD-9612181 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: August 21, 1996 Notice of Public Hearing Notice of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2250 scheduled for October 1, 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 petition by the staff of the Texas Department of Insurance proposing adoption of amendments of the Texas Automobile Rules and Rating Manual (the Manual) to revise Rule 74.E.2, driving safety course credits. Staff's petition (Reference Number A-0896-34-I) was filed on August 15, 1996. The petition proposes eliminating specified courses from Manual Rule 74.E.2 and allowing the insurance credit for completion of any driving safety course approved under and taught through a school licensed under Texas Civil Statutes, Article 4413(29c), regardless of whether a uniform certificate of completion (defined in the statute) is issued to the graduates. Article 4413(29c) provides for approval of driving safety courses, schools, and course providers by the Texas Education Agency, which includes the State Board of Education and the Commissioner of Education. The petition also proposes that Rule 74 include one exemption from the previous mentioned requirements. The proposed exemption is based upon the exemption set forth in Article 4413(29c), sec.7(a), which totally exempts an organization having 50,000 or more members, which qualifies for a tax exemption under specified Internal Revenue Code provisions, and which conducts for its members and other individuals, who are at least 50 years of age, a driving course that is not used for purposes of former Texas Civil Statutes, Article 6701d, sec.143A, Uniform Act Regulating Traffic on Highways, now the Transportation Code, Title 7, sec.sec.543.101 et seq. (pertaining to dismissal of charges concerning traffic law violations). Staff asserts the fact that such a course has been granted a statutory exemption indicates confidence of the legislature in the course's quality, and that is a persuasive reason to allow the insurance credit for taking such a course. The petition also proposes deletion of the "Exception" appearing at the end of Rule 74.E.2, pertaining to Certified Driver Education Teachers. Such teachers would then be treated the same as other persons for purposes of the insurance credit. In other words, a teacher would need to take a driving safety course in order to receive the insurance credit, rather than automatically being entitled to the insurance credit through receipt of a license to teach a driver education course. The petition explains that current Manual Rule 74.E.2. requires insurers to apply a 10% credit to the rates for certain coverages on an auto afforded personal auto coverage when the insurer receives satisfactory evidence (certificate or photocopy) that the auto's principal operator has successfully completed a driving safety course listed in subsection E.2.a. The last category of courses listed in that subsection reads as follows: "(53) Any State of Texas Driving Safety Course approved by the Texas Education Agency, provided that certification is on the uniform Certificate of Completion." The previous listed language was added to Rule 74.E.2.a. after the regulation of driver training schools was shifted by statute, effective September 1, 1989, from the Department of Public Safety (DPS) to the Texas Education Agency (TEA). Prior to then, the DPS licensed, regulated, and monitored such schools, but for any school to make its graduates eligible for the insurance discount, the school had to request and receive individual approval for its course(s) from TDI. Approximately when the previous mentioned statutory change became effective TDI and TEA entered into a memorandum of understanding, as required by the statute, regarding the curriculum for driving safety courses. TDI determined it did not have the personnel, resources, or authority to monitor driving safety schools nor the expertise to review curriculum. Therefore, the previous mentioned subsection (53) was added to Rule 74.E.2.a. TDI did not remove the schools specifically named in Rule 74, in part to allow ample time for transition to the new regulatory framework. As TDI staff recently learned, one problem with allowing the specifically named courses to remain in Rule 74.E.2.a. is that TEA's staff regards those courses as being outside its regulatory authority, provided that uniform certificates of completion are not issued. Although TDI never actually monitored operations of driving safety schools, certain requirements had to be met in order for TDI staff to recommend approval of the credit for such schools prior to September 1, 1989. Each such application to TDI had to include a copy of (1) the school's license issued by DPS, (2) the DPS letter of approval of the curriculum, and (3) a sample of the certificate of completion to be issued to the graduates. Now that those safeguards are gone, individually named courses are escaping regulatory oversight. TDI staff believes the best way to eliminate this problem is to remove individually named courses from Rule 74.E.2.a. Another consideration is that the 74th Legislature, through SB 964 amended the Transportation Code, Title 7, sec.543.112 to provide that a driving safety course may not be provided to a student for less than $25. This portion of the Transportation Code, in Section 543.103, refers only to a course approved under Article 4413(29c) and utilizing a uniform certificate of completion. However, if a course is not used for "ticket dismissal," then the uniform certificate of completion is not needed in order for a graduate to receive the insurance discount, provided the course is individually named in Manual Rule 74.E.2.a. This fact may result in unfair treatment of the provider of a course not individually named in Rule 74. Although the provider of an unlisted course and the provider of a course listed in Rule 74 each may be teaching a curriculum approved by TEA, the provider of the unlisted course has to charge at least $25 to its students, unlike the provider of a listed course, whose charge is unregulated. TDI staff asserts the proposed amendment of Rule 74.E.2.a. will eliminate the unfair result described previously. Staff's recommendation is to amend this rule to allow the insurance credit for completion of any driving safety course approved under and taught through a school licensed under Article 4413(29c), regardless of whether a uniform certificate of completion is issued to the graduates. Staff's proposal would result in more equal treatment of driving safety courses, schools, and course providers, as well as persons seeking the insurance credit. Staff requests that the proposed amendments be adopted to become effective on the 60th day after publication of the notification of the Commissioner's action in the Texas Register. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.10, 5.96, 5.98, and 5.101. Copies of the full text of the petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition and proposed amendments, please contact Angie Arizpe at (512) 463-6326; refer to (Reference Number A-0896-34-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments should 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 action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Issued in Austin, Texas, on August 21, 1996. TRD-9612177 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: August 21, 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 Flexible Benefit Group, Inc., (doing business under the assumed name of F.B.G.), a domestic third party administrator. The home office is Dallas, Texas. Application for incorporation in Texas of Princeton Medical Management Resources, Inc., a domestic third party administrator. The home office is San Antonio, Texas. Application for admission to Texas of Student Claims Administrators, Inc., a foreign third party administrator. The home office is Rochester, Michigan. 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 August 21, 1996. TRD-9612179 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: August 21, 1996 The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration. Application for incorporation in Texas of Quisenberry Insurance Services, Inc., (doing business under the assumed name of Insurance Services), a domestic third party administrator. The home office is Lubbock, 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 August 21, 1996. TRD-9612187 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: August 21, 1996 Legislative Budget Board and Governor's Office of Budget and Planning Schedule for Joint Budget Hearings (for the period of September 2-6, 1996) on Appropriations Request for the 1998-1999 Biennium Texas A&M University System, September 4, 8:30 a.m., John B. Connally Building, 301 Tarrow, Room 122, College Station, Texas Texas A&M University System Agricultural Agencies, including Texas Agricultural Experiment Station, Texas Agricultural Extension Service, Texas Forest Service, Animal Damage Control Service, Texas Veterinary Medical Diagnostic Laboratory, September 4, 8:30 a.m., John B. Connally Building, 301 Tarrow, Room 122, College Station, Texas Texas A&M University System Engineering Agencies, including Texas Engineering Experiment Station, Texas Engineering Extension Service, Texas Transportation Institute, September 4, 8:30 a.m., John B. Connally Building, 301 Tarrow, Room 122, College Station, Texas Teacher Retirement System, September 4, 9:00 a.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas Office of Administrative Hearings, September 4, 9:00 a.m., Capitol Extension, State Capitol Building, Room E2.026, Austin, Texas Water Development Board (Debt Service Payments for the Economically Distressed Area Program), September 4, 10:00 a.m., Capitol Extension, State Capitol Building, Room E2.030, Austin, Texas Bond Review Board, September 4, 10:00 a.m., Capitol Extension, State Capitol Building, Room E2.036, Austin, Texas Real Estate Commission/Appraiser Licensing and Certification Board, September 4, 10:00 a.m., Capitol Extension, State Capitol Building, Room E2.028, Austin, Texas Racing Commission, September 4, 1:00 p.m., Capitol Extension, State Capitol Building, Room E2.026, Austin, Texas Aerospace Commission, September 4, 2:00 p.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas Low-Level Radioactive Waste Disposal Authority, September 4, 2:00 p.m., Capitol Extension, State Capitol Building, Room E2.030, Austin, Texas Department of Public Safety, September 4, 2:00 p.m., Capitol Extension, State Capitol Building, Room E2.036, Austin, Texas Department of Health, September 4, 2:00 p.m., William B. Travis Building, 1701 Congress Avenue, Room 1-100, Austin, Texas Prairie View A&M University, Texas A&M University, including Veterinary Medicine, Texas A&M University Health Science Center, Texas A&M University at Galveston, Tarleton State University, Texas A&M University-Kingsville, Texas A&M University-Corpus Christi, Texas A&M International University, September 5, 8:00 a.m., John B. Connally Building, 301 Tarrow, Room 122, College Station, Texas Commission for the Blind, September 5, 9:00 a.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas Commission on Jail Standards, September 5, 10:00 a.m., Capitol Extension, State Capitol Building, Room E2.030, Austin, Texas General Land Office, September 5, 10:00 a.m., Capitol Extension, State Capitol Building, Room E2.036, Austin, Texas Department of Protective and Regulatory Services, September 5, 10:00 a.m., Board Hearing Room, Winters Building, 701 West 51st Street, Austin, Texas Public Utility Commission, September 5, 1:00 p.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas Railroad Commission, September 5, 2:00 p.m., Capitol Extension, State Capitol Building, Room E2.030, Austin, Texas Office of Public Utility Counsel, September 5, 3:00 p.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas West Texas A&M University, Texas A&M University System-Baylor College of Dentistry, East Texas State University, East Texas State University at Texarkana, September 6, 8:00 a.m., John B. Connally Building, 301 Tarrow, Room 122, College Station, Texas Savings and Loan Department, September 6, 10:00 a.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas Office of the Consumer Credit Commissioner, September 6, 11:00 a.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas Court Reporters Certification Board, September 6, 2:00 p.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas Issued in Austin, Texas, on August 20, 1996. TRD-9612150 Judith S. King Analyst Legislative Budget Board and Governor's Office of Budget and Planning Filed: August 20, 1996 Texas Low Level Radioactive Waste Disposal Authority Notices of Consultant Contract Awards Under the provisions of Government Code, Chapter 2254, the Texas Low-Level Radioactive Waste Disposal Authority publishes this notice of a consulting services award for providing health physics/radiation safety support as necessary and requested for the licensing and development of the Authority's facility. Contractor will also be required to review and comment on operating plans and detailed operations procedures developed by the Authority staff in support of the licensing and operations process. The request for consultant proposal was published in the July 12, 1996, Texas Register (21 TexReg 6544). The consultant proposal contract was awarded to Hugh Bryant, 7308 Grass Cove, Austin, Texas 78759. The total value of the contract is $50,000.00. The contract period starts on September 1, 1996, and will continue until August 31, 1997. For additional information, contact Lawrence R. Jacobi, Jr., P.E., Texas Low- Level Radioactive Waste Disposal Authority, 7701 North Lamar, Suite 300, Austin, Texas 78752, (512) 451-5292. Issued in Austin, Texas, on August 20, 1996. TRD-9612136 Lee H. Mathews Deputy General Manager and General Counsel Texas Low Level Radioactive Waste Disposal Authority Filed: August 20, 1996 Under the provisions of Government Code, Chapter 2254, the Texas Low-Level Radioactive Waste Disposal Authority publishes this notice of a consulting services award for providing assistance to the community of Sierra Blanca in developing and implementing a plan for dealing with the impacts, including training, education, leadership development and infrastructure improvements associated with the proposed low-level radioactive waste disposal facility. The request for consultant proposal was published in the July 12, 1996, Texas Register (21 TexReg 6545). The consultant proposal contract was awarded to Eduardo Gutierrez, Program Development Associates, P.O. Box 12724, San Antonio, Texas 78212. The total value of the contract is $35,000.00. The contract period starts on September 1, 1996, and will continue until August 31, 1997. For additional information, contact Lawrence R. Jacobi, Jr., P.E., Texas Low- Level Radioactive Waste Disposal Authority, 7701 North Lamar, Suite 300, Austin, Texas 78752, (512) 451-5292. Issued in Austin, Texas, on August 20, 1996. TRD-9612137 Lee H. Mathews Deputy General Manager and General Counsel Texas Low Level Radioactive Waste Disposal Authority Filed: August 20, 1996 Under the provisions of Government Code, Chapter 2254, the Texas Low-Level Radioactive Waste Disposal Authority publishes this notice of a consulting services award for providing archaeological surveys to preserve and prevent disturbance of significant sites on the Faskin Ranch, five miles southeast of Sierra Blanca in Hudspeth County, Texas. The request for consultant proposal was published in the July 12, 1996, Texas Register (21 TexReg 6545). The consultant proposal contract was awarded to Deborah Martin, Ph.D., Anthropological Consultant, 5540 Fernwood Circle, El Paso, Texas 79932. The total value of the contract is $3,000.00. The contract period starts on September 1, 1996, and will continue until August 31, 1997. For additional information, contact Lawrence R. Jacobi, Jr., P.E., Texas Low- Level Radioactive Waste Disposal Authority, 7701 North Lamar, Suite 300, Austin, Texas 78752, (512) 451-5292. Issued in Austin, Texas, on August 20, 1996. TRD-9612138 Lee H. Mathews Deputy General Manager and General Counsel Texas Low Level Radioactive Waste Disposal Authority Filed: August 20, 1996 Texas Department of Transportation Notice of Award In accordance with the provisions of the Consulting Services Act, Texas Government Code, Chapter 2254, Subchapter B, The Texas Department of Transportation hereby publishes this notice of a consultant contract award. The request for proposals originally appeared in the March 22, 1996 issue of the Texas Register (21 TexReg 2436). The consultant will work jointly with the department in assisting the department re-engineering of the fiscal services and the equipment, materials, and supplies processes. The consultant assistance includes; re-engineering of the fiscal services and equipment, materials, and supplies functions to support organizational objectives; provide organizational change management; accessing "best practices" databases or provide research assistance in this area; innovative practices incorporated into the business; benchmarking; conducting sourcing study; involving process stakeholders and customers in the re-engineering process; and implementation/migration plans for carrying out the resulting recommendations. The contractor selected to perform this service is KPMG Peat Marwick LLP, 111 Congress Avenue, Suite 1100, Austin, Texas, 78701. The total value of the contract is $746,344. The contract was executed on July 29, 1996 and work began August 12, 1996. The contract will terminate on June 1, 1997. A final report will be due on or before June 1, 1997. Issued in Austin, Texas, on August 21, 1996. TRD-9612182 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: August 21, 1996 University of Houston Legal Counsel Services Proposal Request The University of Houston System (the "System") is seeking to employ Legal Counsel (the "Counsel") for Intellectual Property legal issues for the term of the contract. Upon approval of the Attorney General of Texas, the System will execute an agreement with Counsel for a one year term with optional extensions as required and as approved by the Attorney General. The System will retain the right to terminate the contract for any reason and at any time upon payment of fees and expenses then earned. I. PROPOSAL SCHEDULE Issuance of Request for Proposal: August 23, 1996 Final Response Date: September 23, 1996 --1:00 p.m. Selection of Legal Counsel: As soon as possible Work to Begin: As soon as possible II. PROPOSAL SUBMISSION 1. All proposals must be received no later than 1:00 p.m. on September 23, 1996. Proposal responses, modifications or addenda to an original response received by the System after that specified time and date for responses will not be considered. Each proposer is responsible for ensuring that the response reaches the System before the proposed due date and time. 2. The submitted proposal must be executed by a duly authorized representative of the proposer. An unsigned proposal will be rejected. 3. Proposers should submit one original and two copies of their proposal to: Office of General Counsel University of Houston System 1600 Smith, Suite 3400 Houston, Texas 77002 Please mark the envelopes containing proposals with the following note in the lower left hand corner: "IN RESPONSE TO PROPOSAL REQUEST " 4. All proposals become the property of the System. Proposals must set forth accurate and complete information as required by this request. Oral proposals will not be considered. Any proposal may be modified or withdrawn at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposal due date; however, non-substantive corrections or deletions may be made with the approval of the System. 5. The System reserves the right to make amendments to the proposal request and to extend the response filing time or date, by giving written notice in the Texas Register. 6. The System has the sole discretion, and reserves the right, to reject any and all proposals received in response to this request and to cancel the request if it is deemed in the best interests of the System to do so. Issuance of the proposal request in no way constitutes a commitment by the System to award a contract, nor to pay any legal services incurred either in the preparation of a response to this proposal request or for the production of any contract for legal services. III. SERVICES REQUIRED OF LEGAL COUNSEL The System is seeking Legal Counsel to provide usual and necessary legal services in connection with Intellectual Property issues. The successful proposer will enter into an agreement to perform the following services, as requested: 1. Handle all normal procedures associated with the legal aspects of patent applications and intellectual property . 2. Handle initial patent application with U.S. Patent Office as well as foreign applications. 3. Patent prosecution and maintenance, including defense of claims, reexamination, infringement and interference proceedings. IV. PROPOSAL REQUIREMENTS Law firms responding to this proposal must have an office in Texas. The firm should have a place of business in Houston, Texas, or be willing to either waive, or specifically limit, the expenses attributable to travel. All travel expenses are to be borne by the law firm unless specifically indicated in the expenses submitted. (Section IV.3) The following is a list of the information to be provided by each proposer. Failure to include all the information listed below may result in disqualification of a proposal. 1. A complete description of your firm's ability to represent the System as Legal Counsel which should include, but is not limited to, the following: (a) description of your firm's past experience as Legal Counsel for other state agencies and other institutions of higher education. (b) The identity of each of the attorneys who would be directly assigned to work with the System; a description of his/her specific function; and a description of his/her qualifying experience and legal background in Intellectual Property with emphasis on legal experience, if any, in chemistry. (c) The availability of the lead partner/attorneys for consultation and working group sessions. 2. Completion of the form entitled "Affirmative Action Questionnaire." Other information addressing efforts made by your firm to encourage and develop the participation of women and minorities in the provision of legal services in financing of bonds for issuers may also be included, but is not required. 3. A statement of the number of University of Houston Law Center graduates employed by your firm. 4. Fee Schedules: Provide an itemization of all costs and charges for performing the legal services described in Section III above, in the form of a comparison schedule computed as: (a) A per hour rate charge which will also include the specific hourly rate for each lawyer assigned to perform services on behalf of the System, and the estimated amount of time for completion of each task; and (b) A flat fee computed to include all fees, charges and expenses. This fee amount shall include an express statement in the proposal response that the flat fee shall in no event exceed the quoted amount, and shall include a cap on all expenses for travel or other costs. V. PROPOSAL EVALUATION 1. The criteria for selection shall be based on the responses to the Proposal Requirements in Section IV. The System intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. 2. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will weigh heavily in the evaluation process. 3. The System reserves the right to negotiate the proposal that, in its discretion, best meets the System's needs. 4. Acceptance of a proposal will be contingent upon approval of the System Board of Regents and Attorney General. 5. If one of the submitted proposals is accepted, remaining law firms will be notified of the decision in a timely manner. Issued in Houston, Texas, on August 19, 1996. TRD-9612127 James E. Crowther General Counsel University of Houston System Filed: August 20, 1996