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. Comptroller of Public Accounts Local Sales Tax Changes Effective October 1, 1996 The 1.0% city sales and use tax will become effective October 1, 1996, in the following cities: *The city of Sunset adopted 1.0% city sales and use tax and also adopted an additional 0.5% city sales and use tax for economic and industrial development. Both taxes will become effective October 1, 1996. The new rate and the total rate include both tax types. An additional 0.5% county sales and use tax will become effective October 1, 1996, in the following counties: MADISON: The cities of Madisonville and Midway are currently collecting a 1.5% city sales tax. The total rate for each city will be 0.08250. The city of Normangee is currently collecting a 1.0% city sales tax. The total rate in the portion of the city that is within Madison County will be 0.07750. The total rate for the 11 cities in the county that have not adopted city sales tax and for the unincorporated areas of Madison County will be 0.06750. VAL VERDE: The city of Del Rio is currently collecting a 1.5% city sales tax. Its total rate will be 0.08250. The total rate for the six cities in the county that have not adopted city sales tax and for the unincorporated areas of Val Verde County will be 0.06750. An additional 0.25% city sales and use tax for improving and promoting economic and industrial development will become effective October 1, 1996, in the city of Leonard (Fannin County) , City Code 2074047, New Rate 0.01500, Total Rate 0.08250.* An additional 0.5% city sales and use tax for improving and promoting economic and industrial development will become effective October 1, 1996, in the following cities: An additional 1.0% city sales and use tax for improving and promoting economic and industrial development will become effective October 1, 1996, in the following cities: An additional 0.25% sales tax for property tax relief will become effective October 1, 1996, in the city of Euless (Tarrant County) , City Code 2220166, New Rate 0.01750, Total Rate 0.08250, and the city of Leonard (Fannin County), City Code 2074047, New Rate 0.01500, Total Rate 0.08250.* An additional 0.375% sales tax for property tax relief will become effective October 1, 1996, in the city of Sherman (Grayson County) , City Code 2091028, New Rate 0.01750, Total Rate 0.08000. An additional 0.5% sales tax for property tax relief will become effective October 1, 1996, in the following cities: *These cities have a rate increase for economic and industrial development and a rate increase for property tax relief. Both rate increases will become effective October 1, 1996. The new rate and the total rate include both rate increases. Issued in Austin, Texas, on September 10, 1996. TRD-9613234 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Filed: September 10, 1996 Texas Education Agency Correction of Error The Texas Education Agency submitted an Open Meeting Notice for the Texas Task on Educational Technologies. The notice appeared in the August 16, 1996, issue of the Texas Register (21 TexReg 7734). In the section of the notice that lists the contact information, the phrase "or by e-mail at cynthia@tenet.edu." is missing following the phone number. Request for Proposals Concerning Investment Consultant Services for the Texas Permanent School Fund Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals from qualified investment companies to provide consultant services to the Texas Permanent School Fund (PSF). Description. The purpose of this RFP is to solicit information that will aid the State Board of Education (SBOE) in selecting one or more independent investment consultants to provide long-term investment strategic plan recommendations for the PSF; develop continuing education programs on investments for members of the SBOE; conduct investment performance evaluations for internal and external PSF managers; and perform other services related to the management and administration of the PSF. Dates of Project. Proposers should plan for a starting date of no earlier than November 11, 1996, and an ending date of no later than December 31, 1998. Project Amount. The total amount of the contract is subject to a negotiated bid. Selection Criteria. The contract will be awarded based on an evaluation of the proposer's ability to provide the requested services; the demonstrated competence and qualifications of the proposer; and the reasonableness of the proposed fee. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal that is submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in the preparation of a response. Requesting the Proposal. A copy of the complete RFP #701-96-035 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- 1494, or by calling (512) 463-9304. Please refer to the RFP number in your request. Further Information. For clarifying information about the RFP, contact Dean Murray, Investment Office, Texas Education Agency, (512) 463-9169. Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Standard Time), Monday, October 21, 1996, to be considered. Issued in Austin, Texas, on September 16, 1996. TRD-9613532 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: September 16, 1996 Texas Commission on Fire Protection Correction of Error The Texas Commission on Fire Protection submitted for withdrawal sec.sec.439.5, 439.7, 439.9, 439.15, and 439.17. The withdrawal appeared in the September 6, 1996, issue of the Texas Register (21 TexReg 8586). Section 439.9 was omitted in the publication. Texas Department of Health Correction of Error The Texas Department of Health adopted sec.sec.117.1-117.3, sec.sec.117.11- 117.16, and sec.sec.117.31-117.34. The rules appeared in the August 30, 1996, issue of the Texas Register (21 TexReg 8285, 8287, and 8289). Concerning sec.117.2 Definitions (21 TexReg 8287), the defintion for "Physician" should read "An individual who is..." instead of "In individual who is...". The definition for "Supervision" is running concurrent with the definition of " Supervising nurse" under subparagraph (B). This needs to be separated. Concerning sec.sec.117.11-117.16, the heading "Subchapter E." is wrong; the correct heading is "Subchapter B." Concerning sec.117.31(a)(6), (21 TexReg 8290), the word "presure" is spelled wrong; the correct spelling is "pressure". Concerning sec.117.33(b)(13), (21 TexReg 8292), a sentence was omitted. The following sentence should be added to the end of the paragraph: "A calibrated loop may not be used in microbiological testing of water samples." Concerning sec.117.43(e)(5), (21 TexReg 8297), the word "ten" should be "12" as follows: "...patient care for every 12 patients or portion thereof." Concerning sec.117.43(n), (21 TexReg 8300), "sec.117.44. Qualifications of Staff." was inadvertently tacked on the end of the paragraph and should be deleted. Correction of Error The Texas Department of Health proposed sec.229.261. The rule appeared in the August 13, 1996, issue of the Texas Register (21 TexReg 7637). On page 7638, subsection (b), the word "the" before "Administrative Procedure Act" should be bold print to indicate new language. On page 7639, the language of clause (i) of subsection (h)[(f)](4)(A) is new language and should be in bold print. On page 7639, the language of subparagraphs (E)-(I) of subsection (i)[(g)](1) is new language and should be in bold print. On page 7640, the language of subparagraphs (D)-(J) of subsection (i)[(g)](2) is new language and should be in bold print. On page 7640, the language of subparagraphs (E)-(P) of subsection (i)[(g)](3) is new language and should be in bold print. On page 7640-7641, the language of subparagraphs (D)-(J) of subsection (i)[(g)](4) is new language and should be in bold print. On page 7641, the language of subparagraphs (F)-(H) of subsection (i)[(g)](5) is new language and should be in bold print. Statewide Health Coordinating Council (SHCC) Extension of Public Comment Period for the Texas State Health Plan Update The Statewide Health Coordinating Council is extending the public comment period for the proposed Texas State Health Plan Update for 1997-1998. The previous announcement was published in the Texas Register (21 TexReg 7921). The new deadline for submission is through October 3, 1996. Issued in Austin, Texas, on September 16, 1996. TRD-9613512 Susan K. Steeg General Counsel Statewide Health Coordinating Council (SHCC) Filed: September 16, 1996 Texas Health and Human Services Commission (HHSC) Notice of Public Briefing The Texas Health and Human Services Commission (HHSC) will hold a public briefing on Thursday, September 26, 1996, 10:00-11:00 a.m. in room E2.016 of the Capitol Extension. The one-hour briefing provides an opportunity to address HHSC activities and answer your questions. Agenda items include Welfare Reform and Medicaid Managed Care. For more information, please call Cecilia Berrios at (512) 424-6512. Persons with disabilities who may require special assistance may contact Ms. Berrios Issued in Austin, Texas, on September 16, 1996. TRD-9613534 Marina Henderson Executive Deputy Commissioner, Legal and Legislative Affiars Texas Health and Human Services Commission Filed: September 16, 1996 Texas Department of Human Services Public Notice-Letter of Intent for Hotsite Services The Texas Department of Human Services (TDHS) desires to enter into a Hotsite Services agreement to create a disaster recovery capability for its Unisys mainframe platforms. This would be accomplished by establishing an "unattended" Hotsite mainframe environment. TDHS intends to relocate its Unisys M2200/9212 Development mainframe and related peripherals to the location. The equipment would be operated remotely by DHS personnel located at the DHS central data center facility. TDHS may require additional services to be made available through the Hotsite Services contract General Requirements: Item 1 EQUIPMENT - STK (Storage Technology, Inc.) hardware, software, configurations/installation, licensing and maintenance fees necessary to provide the tape processing resources utilizing channel extension technology to create dual access between TDHS Winters Data Center and the Hotsite will be required. Item 2 COMMUNICATIONS - Hardware, software, circuits, configurations/installation, licensing and maintenance fees necessary to establish communications between the Hotsite and TDHS locations will be required. Item 3 SUPPORT - Offeror may identify additional services available in support of the Hotsite facility and mainframe environments which may enhance the operational support level of the Hotsite. Item 4 FACILITY - The facility in which the equipment is housed must have an environment suitable for housing mainframe computer equipment, no less than 2,000 square feet of raised floor, ceiling heights not less than 96 inches, 24 hour security, 24 hour controlled access via electronic key, support 165 KVA of UPS-supplied power, air conditioning (air cooled 202741 BTU/HR, water cooled 51534 BTU/HR total CFM 4760) and dock accessibility. The facility must be located within a 30 mile radius of Austin, Texas. The facility must be within the Austin Local Access Transport Area (LATA) and must be ready for TDHS to begin equipment installation within 60 days of contract award. The contract term is to be for two years with options for three, one year extensions. A copy of the document that specifies the detailed requirements is available from Ginnie Hodde, Texas Department of Human Services, PO Box 149030, Mail Code W-103, Austin, Texas 78714, (512) 438-3561. Requests for the Hotsite Services specifications document will be accepted up to 3:00 p.m. CDT, Monday, September 23, 1996. Issued in Austin, Texas, on September 11, 1996. TRD-9613417 Glen Scott Agency Liaison Texas Department of Human Services Filed: September 12, 1996 Texas Department of Insurance Correction of Error The Commissioner of Insurance adopted exempt filings. The adoptions appeared in the August 6, 1996, issue of the Texas Register (21 TexReg 7431 and 7432). The effective dates were published incorrectly. The effective date for TRD #9611011 should read as August 23, 1996, and TRD #9611012 should read as November 1, 1996. Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk- assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier: One Health Plan of Texas, Inc. The application is subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas. If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Caroline Scott, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. 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 approve the application to be a risk-assuming carrier. Issued in Austin, Texas, on September 12, 1996 TRD-9613494 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: September 13, 1996 Notice of Public Hearing A public hearing originally scheduled before the Commissioner of Insurance for October 8, 1996, at 1:30 p.m. under Docket Number 2251 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, has been changed to Room 102. The hearing is to consider a Request for Proposals for certain examination services for examination of Health Maintenance Organizations. Notice of the hearing was published in September 10, 1996, issue of the Texas Register (21 TexReg 8788). Issued in Austin, Texas, on September 12, 1996 TRD-9613495 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: September 13, 1996 Notice of Public Hearing for Private Passenger and Commercial Automobile Insurance Benchmark Rates Notice is hereby given that a hearing under Docket Number 454-96-1639.G will be held before an administrative law judge (ALJ) of the State Office of Administrative Hearings (SOAH) at 10:00 a.m. on December 10, 1996, and continuing thereafter at dates, times and places designated by the ALJ until conclusion. The purpose of the hearing is to establish benchmark rates for private passenger and commercial automobile insurance, including the spreading of the benchmark rates among relevant classifications and territories. The hearing will be held at SOAH, Suite 502 of the William Clements State Office Building at 300 West 15th Street, Austin, Texas 78701. Authority, Jurisdiction and Statutes and Rules Involved The commissioner has jurisdiction and legal authority over the subject matter of this hearing pursuant to the Texas Insurance Code, Article 5.101. Pursuant to the Texas Insurance Code, Article 1.33B(b), SOAH shall conduct the hearing. Statutes involved include Articles 5.101 and 5.131 and Subchapter A of Chapter 5 of the Texas Insurance Code. The procedure of the hearing will be governed by Texas Insurance Code, Article 1.33B, the Rules of Practice and Procedure For Industry-Wide Rate Cases before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter L), the Rules of Practice and Procedure before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between the department and SOAH (Texas Administrative Code, Title 28, Chapter 1, sec.1.90), the Administrative Procedure Act (Texas Government Code, Chapter 2001) and SOAH's Rules of Procedures (Texas Administrative Code, Title 1, Chapter 155). Matters to be Considered The commissioner will consider testimony presented and information filed by insurers, the Office of Public Insurance Counsel and other interested parties relating to the determination of benchmark rates for private passenger and commercial automobile insurance, including the spreading of the benchmark rate among relevant classifications and territories. The commissioner has the statutory authority and duty pursuant to Article 5.101 of the Texas Insurance Code to promulgate a benchmark rate for each line of insurance subject to Article 5.101, including private passenger and commercial automobile insurance, after notice and hearing. Relevant data to be used in the rate case will be available from the department. The commissioner shall set the benchmark rate for each subject line of insurance to produce a range that promotes stability and that produces rates that are just, reasonable, adequate and not excessive for the risks to which they apply, and not confiscatory. In promulgating the benchmark rate, the commissioner may give due consideration to the factors listed in Article 5.101, sec.3(c) of the Texas Insurance Code. The commissioner requests evidence on the following additional matters to be adduced at the hearing: 1. Factors other than actuarial rate indications which may be relevant in the setting of benchmark rates, including, but not limited to, the extent and nature of competition in Texas automobile insurance markets; the availability or lack of availability in Texas automobile insurance markets; the level and range of rates and rate changes among insurers in Texas automobile insurance markets; the extent of denials and restrictions of coverage in Texas automobile insurance markets; the number, nature and impact of new entries, mergers and exits by insurers from Texas automobile insurance markets; and the volume of cancellations and non-renewals in Texas automobile insurance markets. 2. Historical premiums written in rate regulated, non-rate regulated and surplus lines markets by line of insurance (private passenger or commercial automobile) and coverage (liability or physical damage) from 1990 through 1995. 3. Class and Territory relativity methodologies and recommendations for all coverages, including review of big city and small city territory groupings to be used in developing rate indications by coverage, class and territory. Provide analyses with and without Class 6A, 6B and 6C relativities set equal to Class 1A, 1B and 1C relativities, respectively. 4. Impact on future loss and loss adjustment expense of recent judicial decisions, including, but not limited to the family exclusion in the personal automobile policy and related amendments as adopted in Commissioner's Order Number 95-0345. 5. Review of the actual historical rate of return of the property/casualty insurance industry on both a statutory accounting principles (SAP) and generally accepted accounting principles (GAAP) basis in comparison to prevailing short, medium and long-term interest rates, actual return on investments earned by investors in property/casualty insurance stock companies, actual GAAP return on equity earned by other industries, and actual GAAP return on equity by all industries combined. Provide the available data with any associated calculations and analyses. 6. The relative risk of the property/casualty insurance industry in comparison to other industries and all industries combined as viewed by an investor, as defined as either a purchaser of stock or some other contributor of capital to the insurance enterprise. 7. The impact of the property/casualty insurance industry's debt to equity ratio and liabilities to equity ratio currently and over time on the recommendation for a target rate of return. 8. Review of the actual historical net investment income earned, including interest and dividends earned, and realized and unrealized capital gains, by the property/casualty insurance industry in comparison to prevailing short, medium and long-term interest rates. Provide the available data with any associated calculations and analyses. 9. Review of the historical premium to surplus and reserves to surplus ratios of the property/casualty insurance industry. Provide recommendations with justification for the use of actual premium to surplus leverage ratios in developing a recommended underwriting profit or some other standard. Compare the recommended leverage ratios with those that would result from an allocation of total property/casualty industry surplus by line of insurance based upon the combination of net premiums earned plus mean net reserves. Discuss any additional adjustments necessary for Texas-specific variations in countrywide relationships. 10. Review of historical underwriting profit results for Texas and countrywide in the coverages for which underwriting profit provisions are recommended. 11. Review at least the most current ten years of comprehensive loss experience and provide estimates of catastrophe and non-catastrophe losses. Provide recommendations on methodologies for explicit consideration of catastrophe losses in comprehensive rate indications. 12. Review single limit of liability increased limits factors with consideration of changes in the mix of bodily injury and property damage liability premiums over time. Consider possible differences in these factors by territory or groups of territories. 13. Review the miscellaneous charges not addressed in the 1996 Machine Letter and Rate Bulletin for private passenger and commercial automobile rates to determine if: (i) they should be adjusted and (ii) if small dollar charges should be expressed as dollars and cents. 14. Review the physical damage deductible relativities. 15. Review the appropriate basic limit of coverage to be used in calculating commercial automobile rates. 16. Review the setting of PIP and medical payment rates on a class and territorial basis, as opposed to the size of the bodily injury liability rate. Motions for Admission as a Party Anyone who wishes to participate in the hearing as a party must file a motion for admission as a party by 5:00 p.m. on October 16, 1996. Prehearing Conference An initial prehearing conference will be held before the ALJ at 10:00 a.m. on October 21, 1996, at SOAH, Suite 502 of the William Clements State Office Building at 300 West 15th Street, Austin, Texas 78701. The prehearing conference will be held for the following purposes: 1. Ruling on all motions for admission of parties. 2. Setting the procedural deadlines for discovery motions, and prefiled testimony. 3. Such other matters as will promote the orderly and prompt conduct of the hearing. Additional prehearing conferences will be scheduled as the ALJ deems necessary. Commissioner's Policies Pursuant to Texas Government Code sec.2001.058(c), the commissioner is required to provide the ALJ with a written statement of applicable rules and policies. The applicable procedural rules are set out above. The commissioner's policies regarding the setting of benchmark rates under Article 5.101 of the Texas Insurance Code are set out below. The purpose of this policy statement is to provide the ALJ and parties with notice regarding the types of evidence parties should present in the hearing. This policy statement, however, is not intended to limit the type of evidence a party may offer at the hearing. The pertinent commissioner's policies are as follows: 1. It is the commissioner's policy to consider all relevant evidence and issues in making a determination of rates. To assure a complete record, the commissioner requests the ALJ to: a) take judicial notice of: i) the following data and reports made available by the department to the parties; ii) Rate Reduction Rules, 28 TAC sec.sec.5.14000 through 5.14011; and iii) Commissioner's Order No. 96-0592 entitled "Private Passenger and Commercial Automobile Insurance, Benchmark Rate Hearing" and dated May 29, 1996; and b) ensure that exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, are submitted and are made available in both paper and electronic format. The electronic format should be 3.5 inch high- density diskette in a DOS or Windows spreadsheet or other format readable by a machine running DOS or Windows. Parameters, assumptions and references to underlying data should be identifiable in the electronic exhibits. 2. It is the commissioner's policy that the promulgated benchmark rate for each affected liability line be determined in conformity with the Rate Reduction rules, 28 TAC sec.sec.5.14000 through 5.14011, which are effective for coverages on and after January 1, 1996. In order to correctly apply the rate reduction factor to the benchmark rate, it will be necessary for the commissioner to first determine the benchmark rates without consideration of prospective tort reforms; and second, determine an "adjusted benchmark rate" following the application of the adopted tort reform rate reduction factor. Therefore, the benchmark rate to be promulgated will not take into consideration, at this time, the effects of tort reform, except upon the application of the rate reduction factor, as determined by the Rules. 3. It is the commissioner's policy that the benchmark rate need not equal the actuarial indication for any particular coverage, class and territory. The actuarial indication is an important consideration, but other factors, such as those identified in Article 5.101, may be used if such action better achieves the goal of promoting stability and producing rates that are just, reasonable, adequate, and not excessive for the risks to which they apply, and not confiscatory. 4. It is the commissioner's policy that so-called "Fast Track" data reports not be used directly in the rate development analysis. Trend analysis should rely upon trend data reported to the department and provided by the department to the parties. Fast Track data are not intended for ratemaking and represent only a portion of industry experience. 5. It is the commissioner's policy that if underwriting profit provisions are calculated to reflect a target return on equity measured under GAAP, estimates of future expense ratios, to the extent these estimates are based upon historical expense experience, shall be based upon historical ratios of expenses to written premiums. Alternatively, if estimates of future expenses are based upon historical ratios of expenses to earned premium, then the underwriting profit provision shall be adjusted in consideration of expected increases in prepaid expenses which are recognized as an asset under GAAP. Conduct of the Hearing Each page of any exhibit offered in evidence at a hearing before the Commissioner, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three- hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example: Public Hearing before the Commissioner of Insurance Subject of Hearing: Benchmark Rate for Private Passenger and Commercial Automobile Insurance Docket No. _____________ Date: ___________________ Exhibit # _________________ Description of Exhibit _____________ Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following: 1. The original exhibit, which will be tendered to the ALJ for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness. 2. One copy each for every other party admitted to the hearing. All deadlines in this notice are subject to change at the ALJ's discretion to the extent permitted by statute and rule. In contested cases, all parties are entitled to the assistance of their counsel before administrative agencies. This right may be expressly waived. Issued in Austin, Texas, on September 16, 1996. TRD-9613541 Caroline Scott General Counsel and Chief Texas Department of Insurance Filed: September 16, 1996 Notice of Public Hearing for Private Passenger and Commercial Automobile Insurance Rates Concerning The Texas Automobile Insurance Plan Association Notice is hereby given that a hearing under Docket Number 454-96-1640.G will be held before an administrative law judge (ALJ) of the State Office of Administrative Hearings at 10:00 a.m. on January 7, 1997, and continuing thereafter at dates, times and places designated by the ALJ until conclusion. The purpose of the hearing is consideration of adoption of the manual rates for private passenger and commercial classes of risks provided through the Texas Automobile Insurance Plan Association ("TAIPA"). The hearing will be held at the State Office of Administrative Hearings, Suite 502 of the William Clements State Office Building at 300 West 15th Street, Austin, Texas 78701. Authority, Jurisdiction and Statutes and Rules Involved The Commissioner of Insurance has jurisdiction and legal authority over the subject matter of this hearing pursuant to the Insurance Code, Article 21.81 sec.5. Pursuant to Insurance Code, Article 1.33B(b), the State Office of Administrative Hearing shall conduct the hearing. Statutes involved include Article 21.81, Article 5.131 and subchapter A of Chapter 5 of the Insurance Code. The procedure of the hearing will be governed by Texas Insurance Code, Article 1.33B, the Rules of Practice and Procedure For Industry-Wide Rate Cases before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between the Department and the State Office of Administrative Hearings (Texas Administrative Code, Title 28, Chapter 1, sec.1.90) and the Administrative Procedure Act (Texas Government Code, Chapter 2001). Matter to be Considered The commissioner will consider testimony presented and information filed by the TAIPA, the Office of Public Insurance Counsel and other interested parties relating to the determination of rates for private passenger and commercial automobile insurance provided through the TAIPA, including the spreading of the rates among relevant classifications and territories. The commissioner has the statutory authority and duty pursuant to the Texas Insurance Code, Article 21.81 sec.5 to promulgate the rates to be charged for insurance provided through the TAIPA, including private passenger and commercial automobile insurance, after notice and hearing. Relevant data to be used in the rate case will be available from the department. The commissioner has the statutory authority and duty pursuant to the Texas Insurance Code, Article 21.81 to determine and prescribe rates that are just, reasonable, adequate, not excessive, not confiscatory and not unfairly discriminatory for the risks to which they apply; and to set rates in an amount sufficient to carry all claims to maturity, and to meet the expenses incurred in the writing and servicing of the business. The commissioner requests evidence on the following additional matters to be determined at the hearing: 1. Pursuant to Article 5.131, the effect of tort reform legislation in determining rates. 2. Impact of changes in the size of the TAIPA plan on rate needs. 3. Impact of recent Supreme Court decisions regarding family exclusions in the personal automobile policy and related amendments to the personal automobile policy adopted by the Commissioner in Order 95-0345. 4. The number and amount of driver training, defensive driving, and passive restraints discounts. 5. The number of drivers who are removed from TAIPA by the mandatory and voluntary take out programs. 6. Evidence on the amount of LAD fees received by one insurance company from another insurance company in return for accepting the first company's TAIPA assignments. 7. The relationship between commercial TAIPA rates and commercial benchmark rates. 8. The setting of PIP and medical payment rates on a class and territorial basis, as opposed to the size of the bodily injury liability rate. Motions for Admission as a Party Anyone who wishes to participate in the hearing as a party must file a motion for Admission as a party by 5:00 p.m. November 1, 1996. Prehearing Conference An initial prehearing conference will be held before the ALJ at 10:00 a.m. on November 6, 1996, at the State Office of Administrative Hearings, Suite 502 of the William Clements State Office Building at 300 West 15th Street, Austin, Texas 78701. The prehearing conference will be held for the following purposes: (1) ruling on all motions for admission of parties; (2) setting the procedural deadlines for discovery, motions, and prefiled testimony; and (3) such other matters as will promote the orderly and prompt conduct of the hearing; Additional prehearing conferences will be scheduled as the ALJ deems necessary to rule on other matters as may aid in the simplification of the proceedings. Commissioner's Policies Pursuant to Texas Government Code sec.2001.058(c), the Commissioner is required to provide the administrative law judge with a written statement of applicable rules and policies. The applicable procedural rules are set out above. The Commissioner's policies regarding the setting of rates for insurance provided through the TAIPA are set out below. Evidence regarding alternatives to the Commissioner's policies as set out herein shall be permitted. The purpose of this policy statement is to put the ALJ and parties on notice regarding the commissioner's policies to provide advance notice of the type of evidence parties should present in the hearing. This policy statement, however, is not intended to limit the type of evidence a party may offer at the hearing. The pertinent commissioner's policies are as follows: 1. It is the commissioner's policy to consider all relevant evidence and issues in making a determination of rates. To ensure a complete record, the commissioner requests the ALJ to: (a) take judicial notice of the following data and reports made available by the department to the parties; (b) take judicial notice of 28 Texas Administrative Code sec.sec.5.14000-5.14011 (frequently referred to as the " Rate Reduction Rules") as adopted by the commissioner and Commissioner's Order Number 96-0591 entitled "In the Matter of Rates for Private Passenger and Commercial Automobile Insurance Provided Through the Texas Automobile Insurance Plan Association" and dated May 29, 1996; (c) ensure that exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, are submitted and are made available in both paper and electronic format. The format should be 3.5 inch high density diskette in a DOS or Windows spreadsheet or other format readable by a machine running DOS or Windows. Parameters, assumptions and references to underlying data should be identifiable in the electronic exhibits. 2. It is the commissioner's policy that so-called "Fast Track" data reports not be used directly in the rate development analysis. Trend analysis should rely upon trend data reported to the department and provided by the department to the parties. Fast Track data are not intended for ratemaking and represent only a portion of industry experience. Conduct of the Hearing Each page of any exhibit offered in evidence at a hearing before the Commissioner of Insurance, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three-hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner of Insurance and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example: Public Hearing before the Commissioner of Insurance Subject of Hearing: Texas Automobile Insurance Plan Association Rate Hearing Docket No. ______________ Date: ___________________ Exhibit # _________________ Description of Exhibit _____________ Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following: 1. the original exhibit, which will be tendered to the ALJ for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness; 2. one copy each for every other party admitted to the hearing. All deadlines in this notice are subject to change at the ALJ's discretion to the extent permitted by statute and rule. In contested cases, all parties are entitled to the assistance of their counsel before administrative agencies. This right may be expressly waived. Issued in Austin, Texas, on September 16, 1996. TRD-9613540 Caroline Scott General Counsel and Chief Texas Department of Insurance Filed: September 16, 1996 Third Party Administrator The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of Private Medical-Care, Inc., a foreign third party administrator. The home office is Cerritos, California. 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, September 12, 1996 TRD-9613493 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed:September 13, 1996 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing The Texas Department of Mental Health and Mental Retardation will hold a public hearing at 2:00 p.m., Monday, September 30, 1996, in the Central Office Auditorium located at 909 West 45th Street, Austin, Texas. The purpose of this hearing will be to accept oral and written testimony concerning The Long-Term Care Plan for People with Mental Retardation and Related Conditions Fiscal Years 1998-1999 as required in the Texas Health and Safety Code, sec.533.062. A copy of the plan may be requested from the TDMHMR Office of Strategic Planning, P.O. Box 12668, Austin, Texas 78711 or by calling (512) 206-4569. Individuals requiring an interpreter for the hearing impaired should contact the same number at least 72 hours prior to the hearing. Issued in Austin, Texas, on September 16, 1996. TRD-9613533 Ann K. Utley Chair, Texas MHMR Board Texas Mental Health and Mental Retardation Filed: September 16, 1996 Texas Natural Resource Conservation Commission Notice of Application to Appropriate Public Waters of the State of Texas The following notices of application for permits to appropriate Public Waters of the State of Texas were issued during the period September 4 through 5, 1996. KENNETH W. WHITEWOOD and E. MARJANE WHITEWOOD; Application Number 18- 2026A to amend Certificate of Adjudication Number 18-2026 pursuant to sec.11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC sec.295.1, et seq. Certificate of Adjudication Number 18-2026 authorized owner the right to divert and use not to exceed 125 acre-feet of water per annum from two points on the Guadalupe River, Guadalupe River Basin, at a maximum rate of 1.2 cubic feet per second (525 gallons per minute) to irrigate a maximum of 80 acres of land. The certificate includes a time priority of 1961. Commission records currently indicate four owners of the certificate. Kenneth W. and E. Marjane Whitewood own a portion of the water rights which allows them to divert and use not to exceed 49.916 acre-feet of water per annum from the river to irrigate 31.952 acres out of 53.56 acres of land. Applicants seek to amend Certificate Number 18-2026 to: (1) add an additional 100 acre- feet of water per annum diversion to irrigate a maximum of 44.72 acres out of their 53.56 acre- tract of land; and (2) request authorization to divert at a maximum rate of 0.7 cfs (300 gallons per minute) from the river. Applicants do not seek to change either of the two diversion points. The maximum diversion rate of 525 gallons per minute now included in the certificate would not be exceeded. Applicants have signed a Subordination Agreement with the Blanco River Authority which includes the additional water requested. Letters of consent to this application have been provided by the three other owners of the certificate. KENNETH W. WHITEWOOD and JANIE WHITEWOOD; Application Number 18-2006C to amend Certificate of Adjudication Number 18-2006, as amended, pursuant to sec.11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC sec.295.1, et seq. Certificate of Adjudication Number 18-2006, as amended, currently authorizes: (A) diversion and use, from any of three diversion points on the Guadalupe River, Guadalupe River Basin, of not to exceed 470 acre-feet of water per annum to irrigate a maximum of 620 acres of land within three tracts totaling 674 acres in Kerr County, Texas; (B) maintenance of two off- channel dams and reservoirs and impoundment of not to exceed 6 acre-feet and 48 acre- feet of water in Kerr County, Texas, and diversion of water from the river to the ponds for subsequent irrigation; (C) a maximum diversion rate of 4.0 cubic feet per second (1800 gallons per minute); (D) a time priority of 1952 for the diversion of 320 acre-feet of water per annum and September 29, 1989, for the additional 150 acre-feet of water per annum; (E) that in order to protect Guadalupe River instream uses, the additional 150 acre-feet of water per annum could only be diverted when the remaining flow of the Guadalupe River downstream of the most downstream diversion point is at least 25 cubic feet per second; (F) that the amendment is conditioned upon the maintenance of a Subordination Agreement with the Guadalupe-Blanco River Authority; and (G) that in any calendar year, diversion of the 150 acre-feet of water per annum can occur only after all of the 320 acre-foot per annum initial authorization has been diverted. Commission records currently indicate three owners of the certificate, as amended. Kenneth W. and Janie Whitewood own a portion of the water right which allows them to divert and use not to exceed 50 acre-feet of water per annum from the river to irrigate 28.90 acres out of 103.40 acres of land authorized under Certificate Number 18-2006. The water right owned by the Whitewoods has a 1952 priority date. Applicants seek to amend Certificate Number 18-2006, as amended, by: (A) adding an additional 100 acre-feet of water per annum diversion to irrigate a maximum of 76 acres out of the 103.40 acre-tract of land; and (B) requesting authorization to divert at a maximum rate of 0.7 cfs (300 gallons per minute) from the river. Applicants do not seek to change any of the three diversion points. The combined maximum diversion rate of 1800 gallons per minute would not be exceeded. Applicants have signed a Subordination Agreement with the Authority which includes the additional water requested. Letters of consent to this application have been provided by the two other owners of the certificate. CHARLES JAMES TESAR; Application Number 5556 for a permit pursuant to sec.11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC sec.295.1, et seq. for authorization to maintain an existing dam and 12.5 acre-foot on-channel reservoir on the Blanco River, tributary of the San Marcos River, tributary of the Guadalupe River, Guadalupe River Basin, and to divert and use not to exceed 20 acre-feet of water per annum from the reservoir. Diverted water will be used to irrigate 20 acres of land located approximately 14 miles south southeast of Johnson City, Texas. The Executive Director may approve these applications unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC within 30 days after newspaper publication of the notice of application. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the application number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; and (5) the location of your property relative to the applicant's operations. If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. 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 or questions concerning procedures must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087, telephone (512) 239-3315. Issued in Austin, Texas, on September 13, 1996. TRD-9613475 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: September 13, 1996 Notice of Application for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of September 9th-September 13, 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. BURLINGTON NORTHERN RAILROAD COMPANY, 4200 Deen Road, Fort Worth, Texas 76102, its Amarillo Eastern Fueling Facility, the facility is located north of S.E. 3rd Avenue, approximately 0.25 mile west of Lakeside Drive in the City of Amarillo, Potter County, Texas, renewal, 02376. DRESSER INDUSTRIES, INC., P.O. Box 210600, Dallas, Texas 75211-0600, a facility which manufactures oil field and mining equipment. the plant site is located at 3400 West Illinois Avenue in the City of Dallas, Dallas County, Texas, renewal, 01474. ENTERGY GULF STATES, INC., P.O. Box 2951, Beaumont, Texas 77704, the Sabine Generating Plant is approximately one and one-half (1.5) miles south of FM Road 1442 at a point approximately two and one-half (2.5) miles west of the FM Road 1442/State Highway 87 intersection, southwest of the City of Orange, Orange County, Texas, amendment, 00336. JOHANN HALTERMANN, LTD., 16717 Jacintoport Boulevard, Houston, Texas 77015, a plant recovering saleable products from off-specification petroleum products and solvents by fractional distillation, the plant site is located at 16717 Jacintoport Boulevard on the north side of the Houston Ship Channel approximately 1.6 miles east of the intersection of Sheldon Road and Jacintoport Boulevard near the community of Channelview, Harris County, Texas, 02458. CITY OF HOUSTON, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549, the Water Control and Improvement District No. 111 Wastewater Treatment Facility. the plant site is south of the City of Alief and on the south bank of Keegans Bayou approximately 3600 feet west of Keegan Road and 1600 feet north of Belknap Road in Harris County, Texas, renewal, 10495-095. LA JOYA INDEPENDENT SCHOOL DISTRICT, P.O. Box J, La Joya, Texas 78560, the wastewater treatment facilities and the disposal site will be located approximately 1100 feet west of North La Homa Road (Farm-to-Market Road 2894), approximately 4000 feet south of Farm-to-Market Road 676, and approximately 2 1/2 miles west-southwest of Alton, Texas in Hidalgo County, Texas, new, 13523- 003. CITY OF NEW HOME, P.O. Box 274, New Home, Texas 79383, the wastewater treatment facilities and the disposal site are located approximately 0.25 mile northwest of the intersection of Farm-to-Market Road 1730 and State Highway 211 in Lynn County, Texas, amendment, 10632-01. PLAINS COOPERATIVE OIL MILL, P.O. Box 841, Lubbock, Texas 79408-0841, a cottonseed crushing facility, the plant site is located at the northwest corner of the intersection of 50th Street and East Loop 289 in the City of Lubbock, Lubbock County, Texas, new, 03907. SILVERLEAF VACATION CLUB, INC., 1221 Riverbend, Suite 120, Dallas, Texas 75247, the wastewater treatment facilities and the disposal site are located approximately 1,250 feet north of the intersection of State Highway 155 and Farm-to-Market Road 2661 in Smith County, Texas, new, 13849-01. SMITH CRUSHED STONE, INC., P.O. Box 99, Tehuacana, Texas 76686, a limestone quarry and rock crushing operation, the quarry and rock crushing operations are located at two separate sites. The crushing operation is adjacent to County Road (CR) 228 approximately 1/2 mile north of the intersection of CR 228 and CR 234. The quarry, or mine site, is located immediately south of the intersection of CR 228 and CR 234. This facility is near the City of Tehuacana, Limestone County, Texas, amendment, 03806. TEXAS PARKS AND WILDLIFE DEPARTMENT, 4200 Smith School Road, Austin, Texas 78744, the wastewater treatment facilities and the disposal site are located approximately 250 feet north of Park Road 4 and 800 feet east of the eastern shore of Inks Lake at a point approximately 7,000 feet south of Texas Highway 29 in Burnet County, Texas, amendment,11566-01. Issued in Austin, Texas, on September 13, 1996. TRD-9613474 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: September 13, 1996 Texas Parks and Wildlife Department Notice of Closure of Commercial King Mackerel Season The Texas Parks and Wildlife Department, pursuant to 31 TAC sec.57.801 and Parks and Wildlife Code, Chapter 79, sec.79.002, takes the following actions to provide for consistency with federal regulations in the Exclusive Economic Zone. 1) The purchase, barter, trade, or sale of king mackerel landed in this state is prohibited; and 2) The at-sea transfer of king mackerel caught or possessed in waters of this state is prohibited. 3) The possession of king mackerel in excess of the current recreational bag limit in or on the waters of this state is prohibited. Prohibition of sale, at-sea transfer, and bag limit restrictions of king mackerel taken in state waters correspond to the regulation implemented by the Gulf of Mexico Fishery Management Council in federal waters. This insures regulatory consistency for enforcement activities and reduces confusion for anglers. The Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico requires closure of the commercial fishery to protect the overfished king mackerel resource when the commercial quota is reached or projected to be reached. The Gulf of Mexico Fishery Management Council and NMFS requests all Gulf states to close the commercial fishery in, and prohibit sale of king mackerel, from state waters during the closure period. Federal rule states that during the closure, the daily recreational bag limit of two king mackerel per person applies to catches possessed in or landed from Gulf of Mexico federal waters. The purchase, barter, trade, sale or at-sea transfer of king mackerel caught or possessed in Gulf of Mexico federal waters under bag limits is prohibited. During the closure, the daily recreational bag limit of two king mackerel per person applies to catches possessed in or landed from Gulf of Mexico federal waters. The purchase, barter, trade, sale or at-sea transfer of king mackerel caught or possessed in Gulf of Mexico federal waters under bag limits is prohibited. For further information, please call: 1 (800) 792-1112, Ext. 4648 or (512) 389- 4648 Issued in Austin, Texas, on September 16, 1996. TRD-9613537 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Filed: September 16, 1996 Public Utility Commission of Texas Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Aransas County ISD in Rockport, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Aransas County ISD in Rockport, Texas. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16425. The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Aransas County ISD. The geographic service market for this specific service is the Rockport, 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 September 13, 1996. TRD-9613514 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 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 Alief ISD in Alief, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Alief ISD in Alief, Texas. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16428. The Application. Southwestern Bell Telephone Company is requesting approval for a 655 station addition to the existing PLEXAR-Custom service for Alief ISD. The geographic service market for this specific service is the Alief, 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 September 13, 1996. TRD-9613515 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Notices of Joint Petition for Extended Area Service Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint agreement on August 30, 1996, seeking approval of optional Extended Area Service (EAS) from the Chilton exchange to the Waco Metropolitan exchanges pursuant to Public Utility Commission Substantive Rule 23.49(b)(8). Project Title and Number: Joint Agreement of GTE Southwest, Inc. (GTE) to Provide Extended Area Calling Service (EAS) from the Chilton exchange to the Waco Metropolitan Exchanges; Project Number 16368. The Joint Agreement: GTE requested approval to offer EAS in the form of optional, one- way, discounted, measured EAS to the Waco Metropolitan exchanges (Community Calling Plan or CCP) to all single-party customers residing within the existing telephone exchange boundary of the Chilton exchange, and optional one-way, flat-rate EAS to the Waco Metropolitan exchanges (Premium Calling Plan or PCP) to all single-party customers residing within the existing telephone exchange boundary of the Chilton exchange. Customers electing to subscribe to the CCP will pay a $1.00 monthly fee. Customers electing to subscribe to the PCP will pay a flat-rate monthly additive in addition to basic local exchange charges GTE's standard service connection charges will apply to all current local exchange access customers placing orders for EAS. However, GTE will waive the standard service connection charge for customers subscribing to the EAS plans during the 90 day period after the EAS in-service date. The joint applicants have requested that the joint agreement filing be processed administratively pursuant to Public Utility Commission Substantive Rule 23.49(b)(8)(C). 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 Commission's Office of Public Information at (512) 458-0388 by November 20, 1996. The telecommunications device for the deaf (TTY) is (512) 458-0221. Issued in Austin, Texas, on September 13, 1996. TRD-9613516 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint petition on August 16, 1996, seeking approval of optional Extended Area Service (EAS) from the Boyd, Decatur and Rhome exchanges to the Dallas/Fort Worth Metropolitan exchanges pursuant to Public Utility Commission Substantive Rule 23.49(b)(8). Project Title and Number: Joint Petition of Central Telephone Company of Texas (Centel) and representatives of Wise County, the Cities of Aurora, Boyd, Decatur, Fairview and Rhome to Provide Extended Area Calling Service (EAS) from the Boyd, Decatur and Rhome exchanges to the Dallas/Fort Worth Metropolitan Exchanges; Project Number 16312. The Joint Petition: Centel requested approval to offer EAS in the form of optional, unlimited, one-way, toll-free local calling from the Boyd, Decatur and Rhome exchange to the Dallas/Fort Worth exchanges. Customers are not required to subscribe to EAS. Customers who choose not to subscribe can continue using long-distance service for calls in these exchanges. Customers of EAS will not be required to change their telephone numbers in order to subscribe to this service. Customers in the Rhome exchange may subscribe to either EAS or EMS or both. A subscriber to both plans who subsequently drops EMS will be charged the without EMS rate. Service connection charges will be waived for existing customers who subscribe during the first 90 days after the service becomes available. New customers placing orders for EAS at the same time they are ordering local exchange service will not be billed the EAS connection charge; however, all other appropriate tariffed service connection charges will be applicable. The joint applicants have requested that the joint petition filing be processed administratively pursuant to Public Utility Commission Substantive Rule 23.49(b)(8)(C). 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 Commission's Office of Public Information at (512) 458-0388 by November 20, 1996. The telecommunications device for the deaf (TTY) is (512) 458-0221. Issued in Austin, Texas, on September 13, 1996. TRD-9613517 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint agreement on August 30, 1996, seeking approval of optional Extended Area Service (EAS) from the Mount Calm exchange to the Waco Metropolitan exchanges pursuant to Public Utility Commission Substantive Rule 23.49(b)(8). Project Title and Number: Joint Petition of GTE Southwest, Inc. (GTE) to Provide Extended Area Calling Service (EAS) from the Mount Calm exchange to the Waco Metropolitan Exchanges; Project Number 13883. The Joint Petition and Agreement: GTE requested approval to offer EAS in the form of optional, one-way, discounted, measured EAS to the Waco Metropolitan exchanges (Community Calling Plan or CCP), and optional one-way, flat-rate EAS to the Waco Metropolitan exchanges (Premium Calling Plan or PCP)to all single- party customers residing within the existing telephone exchange boundary of the Mount Calm exchange. Customers electing to subscribe to the CCP will pay a $1.00 monthly fee. In addition to the rates described above, GTE's standard service connection charges will apply to all current local exchange access customers placing orders for EAS. However, GTE will waive the standard service connection charge for customers subscribing to the EAS plans during the 90 day period after the EAS in-service date. The joint applicants have requested that the joint agreement filing be processed administratively pursuant to Public Utility Commission Substantive Rule 23.49(b)(8)(C). 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 Commission's Office of Public Information at (512) 458-0388 by November 20, 1996. The telecommunications device for the deaf (TTY) is (512) 458-0221. Issued in Austin, Texas, on September 13, 1996. TRD-9613518 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint agreement on August 30, 1996, seeking approval of optional Extended Area Service (EAS) from the Bertram exchange to the Liberty Hill and Austin Metropolitan exchanges pursuant to Public Utility Commission Substantive Rule 23.49(b)(8). Project Title and Number: Joint Petition of GTE Southwest, Inc. (GTE) to Provide Extended Area Calling Service (EAS) from the Bertram exchange to the Liberty Hill and Austin Metropolitan Exchanges; Project Number 13262. The Joint Petition and Agreement: GTE requested approval to offer EAS in the form of optional, one-way, discounted, measured EAS to the Liberty Hill and Austin Metropolitan exchanges (Community Calling Plan or CCP) to all single- party customers residing within the existing telephone exchange boundary of the Bertram exchange, and optional one-way, flat-rate EAS to the Liberty Hill and Austin Metropolitan exchanges (Premium Calling Plan or PCP) to all single-party customers residing within the existing telephone exchange boundary of the Bertram exchange. Customers electing to subscribe to the CCP will pay a $1.00 monthly fee. GTE's standard service connection charges will apply to all current local exchange access customers placing orders for EAS. However, GTE will waive the standard service connection charge for customers subscribing to the EAS plans during the 90 day period after the EAS in-service date. The joint applicants have requested that the joint agreement filing be processed administratively pursuant to Public Utility Commission Substantive Rule 23.49(b)(8)(C). 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 Commission's Office of Public Information at (512) 458-0388 by November 20, 1996. The telecommunications device for the deaf (TTY) is (512) 458-0221. Issued in Austin, Texas, on September 13, 1996. TRD-9613519 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint agreement on August 30, 1996, seeking approval of optional Extended Area Service (EAS) from the Coupland exchange to the Austin Metropolitan exchanges pursuant to Public Utility Commission Substantive Rule 23.49(b)(8). Project Title and Number: Joint Petition of GTE Southwest, Inc. (GTE) to Provide Extended Area Calling Service (EAS) from the Coupland exchange to the Austin Metropolitan Exchanges; Project Number 12665. The Joint Petition and Agreement: GTE requested approval to offer EAS in the form of optional, one-way, discounted, measured EAS to the Austin Metropolitan Exchanges, (Community Calling Plan or CCP) to all single-party customers residing within the existing telephone exchange boundary of the Coupland exchange, and optional one-way, flat-rate EAS to the Austin Metropolitan Exchanges, (Premium Calling Plan or PCP) to all single-party customers residing within the existing telephone exchange boundary of the Coupland exchange Customers electing to subscribe to the CCP will pay a $1.00 monthly fee. GTE's standard service connection charges will apply to all current local exchange access customers placing an order for EAS. However, GTE will waive the standard service connection charge for customers subscribing to the EAS plans during the 90 day period after the EAS in-service date. The joint applicants have requested that the joint agreement filing be processed administratively pursuant to Public Utility Commission Substantive Rule 23.49(b)(8)(C). 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 Commission's Office of Public Information at (512) 458-0388 by November 20, 1996. The telecommunications device for the deaf (TTY) is (512) 458-0221. Issued in Austin, Texas, on September 13, 1996. TRD-9613520 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint petition on August 16, 1996, seeking approval of optional Extended Area Service (EAS) from the Kaufman exchange to the Dallas/Fort Worth Metropolitan area pursuant to Public Utility Commission Substantive Rule 23.49(b)(8). Project Title and Number: Joint Petition of United Telephone Company of Texas, Inc. (United) and representatives of the Kaufman exchange to Provide Extended Area Calling Service (EAS) from the Kaufman exchange to the Dallas/Fort Worth Metropolitan area; Project Number 16311. The Joint Petition: United requested approval to offer EAS in the form of optional, unlimited, one-way, toll-free local calling from the Kaufman exchange to the Dallas/Fort Worth exchanges. Customers are not required to subscribe to EAS. Customers who choose not to subscribe can continue using long-distance service for calls in these exchanges. EAS subscribers will not be required to change their telephone numbers in order to subscribe to this service. Customers in the Kaufman exchange may subscribe to either EAS or EMS or both. A subscriber to both plans who subsequently drops EMS will be charged the EAS rate for customers with basic local service. Service connection charges will be waived for existing customers who subscribe during the first 90 days after the service becomes available. New customers placing orders for EAS at the same time they are ordering local exchange service will not be billed the EAS connection charge; however, all other appropriate tariffed service connection charges will be applicable. The joint applicants have requested that the joint petition filing be processed administratively pursuant to Public Utility Commission Substantive Rule 23.49(b)(8)(C). 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 Commission's Office of Public Information at (512) 458-0388 by November 20, 1996. The telecommunications device for the deaf (TTY) is (512) 458-0221. Issued in Austin, Texas, on September 13, 1996. TRD-9613521 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Notice of Petition for Rulemaking The Public Utility Commission of Texas (Commission) has received a petition for rulemaking from Texas Ratepayers' Organization to Save Energy, Inc. and Texas Legal Services Center concerning electric utility legal and regulatory expenses. The petition requests the Commission promulgate a rule to better monitor and control utility legal expenses paid by ratepayers. The petition claims that a legal expenses rule will reduce overall costs to ratepayers by making electric utilities more efficient in the expenditure of ratepayer funds for legal expenses. In addition, the petitioners claim that the rule will improve the efficiency of the regulatory process and provide for a more balanced representation of interests in a wholesale competitive market. Comments on the petition will be received for three weeks from the date of publication of this notice. Persons interested in obtaining a copy of the petition may do so by contacting the Commission's Central Records Office, 7800 Shoal Creek Boulevard, Austin, Texas 78757. Effective September 30, 1996, the Commission's address will be 1701 North Congress Avenue, Austin, Texas 78701. All inquiries and comments relating to the petition must reference Project Number 16410. Issued in Austin, Texas, on September 13, 1996. TRD-9613522 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 16, 1996 Research and Oversight Council on Workers' Compensation Notice of Public Hearing on Proposed Research Agenda The Research and Oversight Council on Workers' Compensation (ROC) will conduct a public hearing on the proposed ROC Research Agenda for 1997-1998. The public hearing will be held as part of the ROC Board of Directors meeting on Wednesday, September 25, 1996. The Board meeting is scheduled to begin at 10:00 a.m. in the Capitol Extension, 1400 Congress Avenue, Room E1.012, Austin, Texas. For more information on the proposed ROC Research Agenda please contact June Karp, Executive Director, (512) 469-7811. Issued in Austin, Texas, on September 13, 1996. TRD-9613433 June L. Karp Executive Director Research and Oversight Council on Workers' Compensation Filed: September 13, 1996 The 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, and 43 TAC sec.sec.9.30-9.40, to provide the following services. The engineer selected must perform a minimum of 30% of the actual contract work to qualify for contract award. Contract Number 04-745P5005: To develop the Plans, Specifications & Estimate (PS&E) package for the construction to reverse the entrance and exit ramps on IH 40 at the Coulter and Soncy intersections located in the city of Amarillo. The providers will be evaluated and selected based on their knowledge and experience in developing PS&E packages. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (806) 356-3263, or hand delivery to TxDOT, Amarillo District Office, Attention: Ron Johnston, 5715 Canyon Drive, Amarillo, Texas, or by mail delivery to P.O. Box 2708, Amarillo, Texas 79105- 2708. Letters of interest will be received until 5:00 p.m. on Tuesday, October 1, 1996. The letter of interest must include the engineer's firm name, address, telephone number, fax number, name of engineer's contact person and refer to contract number 04-745P5005. 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 packet. TxDOT will not issue Request for Proposal packet without receipt of letter of interest.) Pre-proposal Meeting: A pre-proposal meeting will be held on Friday, October 4, 1996, at the TxDOT, Amarillo District Office, 5715 Canyon Drive, Amarillo, Texas beginning at 2:00 p.m. (TxDOT will not accept a proposal from an engineer who has failed for any reason to attend the mandatory pre-proposal meeting). Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Ron Johnston, at (806) 356-3253 at least two work days prior to the meeting so that appropriate arrangements can be made. Proposal Submittal Deadline: Proposals for contract number 04-745P5005 will be accepted until 5:00 p.m. on Friday, October 11, 1996 at the TxDOT, Amarillo District Office mentioned addresses. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Ron Johnston, at (806) 356-3253 or fax (806) 356-3263. Issued in Austin, Texas, onSeptember 13, 1996. TRD-9613508 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: September 13, 1996 (Editor's Note: Due to an error by the Texas Register the following Request for Proposal was inadvertently omitted from the September 13, 1996, issue of the Texas Register. The Texas Department of Transportation filed the notice on September 5, 1996.) Notice of Invitation: The Texas Department of Transportation (TxDOT) intends to engage an engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.;9.30-9.40, to provide the following services. The engineer selected must perform a minimum of 30% of the actual contract work to qualify for contract award. Contract Number 78-7XXP0001: To conduct several program analysis/training events in the area of Hot Mix Asphaltic Concrete (design, production, construction practices, and acceptance) for several state transportation authorities in Mexico. The engineer will be evaluated for Spanish language proficiency and knowledge of Hot Mix Asphaltic Concrete. This contract will also require travel to Mexico. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 232-1939 or by hand delivery to TxDOT, Materials and Tests Division, Attention: Mr. Maghsoud Tahmoressi, 3800 Jackson Avenue, Building 5, Austin, Texas or by mail delivery to 125 E. 11th Street, Austin, Texas 78701. Letters of interest will be received until 5:00 p.m. on Wednesday, September 25, 1996. The letter of interest must include the engineer's firm name, address, telephone number, fax number, name of engineer's contact person and refer to contract number 78-7XXP0001. 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 packet. TxDOT will not issue Request for Proposal packet without receipt of letter of interest.) Preproposal Meeting: A preproposal meeting will be held on Thursday, October 3, 1996, at the TxDOT, Materials and Tests Division, 9605 Saunders Lane, Building 8, Suite 100, Austin, Texas, beginning at 10:00 a.m. (TxDOT will not accept a proposal from an engineer who has failed for any reason to attend the mandatory preproposal meeting). Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or serves such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Ms. Joann Lins, at (512) 232-1900 or fax (512) 232-1939 at least two work days prior to the meeting so that appropriate arrangements can be made. Proposal Submittal Deadline: Proposals for contract number 78-7XXP0001 will be accepted until 5:00 p.m. on Wednesday, October 23, 1996, at the previously mentioned TxDOT, Materials and Tests Division address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Mr. Maghsoud Tahmoressi at (512) 232-1903 or fax (512) 232-1939. Contract Number 49-7XXP0001: To evaluate forensic studies of premature concrete deterioration in bridge structures, currently being performed by the Texas Department of Transportation (TxDOT). The provider's investigation team will evaluate concrete samples secured by TxDOT, and provide written reports of all procedures, tests, and conclusions. Therefore, the team must be proficient and experienced in Portland cement petrography and scanning electron microscopy analysis, as well as capable of performing quantitative chemical analysis of cement and concrete. The provider will also provide investigative concrete training to TxDOT personnel by working interactively with them throughout the forensic studies. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 465-7616 or by hand delivery to TxDOT, Materials and Tests Division, Attention: Mr. Joe Roche, 3800 Jackson Avenue, Building 5, Austin, Texas or by mail delivery to 125 E. 11th Street, Austin, Texas 78701. Letters of interest will be received until 5:00 p.m. on Wednesday, September 25, 1996. The letter of interest must include the engineer's firm name, address, telephone number, fax number, name of engineer's contact person and refer to contract number 49-7XXP0001. 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 packet. TxDOT will not issue Request for Proposal packet without receipt of letter of interest.) Preproposal Meeting: A preproposal meeting will be held on Tuesday, October 1, 1996, at the TxDOT, Materials and Tests Division, 3800 Jackson Avenue, Building 5, Austin, Texas, beginning at 10:00 a.m. (TxDOT will not accept a proposal from an engineer who has failed for any reason to attend the mandatory preproposal meeting). Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or serves such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Mr. Joe Roche, at (512) 465-7625 or fax (512) 465-7616 at least two work days prior to the meeting so that appropriate arrangements can be made. Proposal Submittal Deadline: Proposals for contract number 49-7XXP0001 will be accepted until 5:00 p.m. on Monday, October 7, 1996, at the previously mentioned TxDOT, Materials and Tests Division address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Mr. Joe Roche at (512) 465-7625 or fax (512) 465-7616. Issued in Austin, Texas on September 5, 1996. TRD-9612968 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: September 5, 1996 The University of Texas System Consultant Award Notification The University of Texas Medical Branch at Galveston ("UTMB") is pleased to announce the award of Request for Proposal Number 6-09, Charge Description Master Review, to Prospective Payment Specialist, Inc. ("PPS") pursuant to the provisions of the Government Code, Chapter 2254. This request was originally published in the Texas Register on January 16, 1996 (21 TexReg 461). PPS's principle address is 510 West Sixth Street #515, Los Angeles, California, 90014. The amount of the contract is $30,000.00. The project is scheduled to begin on July 27, 1996, and will be completed by September 30, 1996. PPS will be responsible for providing an accurate CDM that will enhance current and future outpatient billing and reimbursement operations for UTMB. Issued in Austin, Texas, on September 11, 1996. TRD-9613379 Arthur Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: September 12, 1996