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 Department of Agriculture Weights and Measures Administrative Penalty Matrix The Texas Department of Agriculture (the department) is publishing the following Weights and Measures Administrative Penalty Matrix to inform the regulated public. This matrix has been developed to provide consistent, uniform, and fair penalties for violations of Chapter 13, Texas Agriculture Code (the Code). The department's authority for the enforcement of Chapter 13 is found in the Code, sec.12.020, and sec.13.002 whereby the department may assess administrative penalties up to a maximum of $500 for each violation. Each day that a violation continues or occurs may be considered a separate violation for purposes of assessing administrative penalties. This matrix is based on current information. As the enforcement of these types of violations continues and additional data are gathered, the matrix will be reviewed and, if need be, adjusted to reflect any changes in the information upon which the current matrix is based. Except for violations of the Code, sec.13.036 covered by the department's Random Weight Administrative Penalty Matrices, 19 Tex. Reg. 5655 (July 19, 1994), this matrix is effective retroactively and is applicable to all violations occurring on or after September 1, 1996. For violations of the Code, sec.13.036 covered by the department's Random Weight Administrative Penalty Matrices, this matrix is effective immediately upon its publication in the Texas Register and supersedes the previous matrices. For each type of offense there is a penalty range for initial violations. The range increases for subsequent violations. The ranges were established by considering the criteria set forth in the Code, sec.12.020(d): (1) the seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public; (2) the damage to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter future violations; (5) efforts to correct the violation; and (6) any other matter that justice may require. The Texas Legislature has given the department the responsibility to provide consumers and businesses a fair and efficient trade environment and to encourage consumer confidence. To accomplish these goals the department registers commercial weighing and measuring devices and inspects them on a routine basis; inspect packaged goods to ensure that they are properly labeled and correctly weighed; and conducts price verification inspections to ensure that electronic scanning systems and manual price recognition systems operate correctly. The low end of each range is the presumptive base penalty for each violation, and represents an appropriate penalty for violations which are considered "minor" with respect to the criteria in the Code, sec.12.020(d). Penalties may be increased to the maximum within each range as the department considers the facts of each violation in light of the criteria in the Code, sec.12.020(d). The penalty may be adjusted as justice may require. In addition to or in lieu of administrative penalties, the department is authorized to lock-down or otherwise prohibit the use of any weighing of measuring device that does not operate within the tolerances established or adopted by the department, that is not properly maintained according to standards established or adopted by the department, or that is not properly registered as required by the Code or rules adopted under the authority of the Code. The department is further authorized to seek injunctive relief and/or refer violations for civil or criminal prosecution by the appropriate authority. 176 - Weights and Measures Administrative Penalty Matrix - [Figure] [graphic] [graphic] [graphic] Issued in Austin, Texas, on December 20, 1996. TRD-9618577 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: December 20, 1996 Texas Commission on Alcohol and Drug Abuse Notice of Intent for Funding Under authority of the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 461, the Texas Commission on Alcohol and Drug Abuse (the commission) is seeking proposals for community-based youth prevention services from public or incorporated private non-profit organizations. The initial award period of proposals selected through the competitive Request for Proposal process will be September 1, 1997 through August 31, 1998. Funds for treatment and prevention services are available through the federal Substance Abuse Prevention and Treatment Block Grant in the amount of $30,678,664 and state General Revenue funds in the amount of $3,294,504. The amount of funds available in each Health and Human Services Commission (HHSC) region through the Fiscal Year 1998 Prevention Services RFP is not yet determined. However, an estimate of fund availability in each region will be published in the RFP. All prevention programs are required to provide the essential services of advocacy, family services and continuum of care. In addition, prevention providers are responsible for providing or coordinating the following strategies: prevention education/skills training, alternatives, problem identification and referral which includes screening, crisis intervention, referral and follow-up, and may also include assessment and intervention counseling, information dissemination, community-based process, environmental/social policy. A detailed explanation of these strategies and other program requirements are found in the Provider Compliance Guide. Copies of the Provider Compliance Guide are available on DOS-formatted disk on request. Organizations may apply to serve any county or counties in the State of Texas. Organizations interested in providing services should submit a letter of intent to: Jennifer Taylor-Burton, Resource Procurement Division, 9001 North IH-35, Suite 105, Austin, Texas 78753-5233. Faxed documents will not be accepted. To be eligible to compete through the Fiscal Year 1998 Prevention Services Request for Proposals (RFP), all potential applicants must initially submit: a letter of intent to apply for funding which briefly describes the location of and documentation of the organization's legal standing: private non-profit organizations: documentation of legal standing consists of a copy of the certificate of incorporation stamped with a state seal; copy of signed and dated articles of incorporation and amendments and a copy of the signed and dated by- laws; public organizations: documentation of legal standing consists of a copy of the authority under which the entity is organized, for example constitution, statute, or charter and a copy of the organization's by-laws; A copy of the applicant's most recent audited basic financial statements, including notes to the financial statements, and any report(s) issued by the auditor on internal controls. Also, attach a copy of any management letters issued by the auditor in conjunction with the audit and management's response. If the organization has not been audited, unaudited financial statements may be submitted with a note indicating that statements have not been audited. Currently funded organizations and those that have submitted all aforementioned auditing documentation to TCADA at any time in the last 12 months do not need to resubmit this documentation. Such organization must indicate in their letter of intent that this documentation has already been submitted to TCADA and indicate when it was submitted. An organization will be ineligible to compete for funding through the RFP if it fails to submit the required documentation or if the audit submitted reports going concern issues, material non-compliance or material weakness that is not satisfactorily addressed in the management response. Organizations meeting the submittal requirements will be notified of their eligibility to compete through the RFP process and mailed a copy of the RFP. Organizations submitting letters of intent to apply for funding, but ineligible to compete through the RFP process will be informed of their ineligibility within 30 days of the letter's submittal. Letters of intent must be received by the commission no later than 5:00 p.m. on January 13, 1997. Failure to clearly respond to each requirement will result in disqualification from consideration for funding through this process. Issued in Austin, Texas, on December 23, 1996. TRD-9618581 Karen Pettigrew Deputy for Legal Affairs Texas Commission on Alcohol and Drug Abuse Filed: December 23, 1996 State Auditor's Office Request for Proposals Scope: The State Auditor's Office (SAO) is soliciting proposals for the development of a management assessment/development center. Managerial employees of the SAO must possess a high level of skill in leadership behavioral dimensions in order to direct and motivate audit staff to fulfill the SAO's mission: to actively provide independent and informative audit services to government leaders and citizens to improve accountability in state agencies and universities. The SAO seeks a consultant to develop a custom-designed management development/assessment center. Development of the center will include but not be limited to designing test instruments, conducting tests and evaluations, providing feedback on results, and recommending action to develop SAO management. The management assessment/development center will assist management team members, including Executive Management, Audit Managers, and Supervising Assistant State Auditors, in identification of their managerial strengths and weaknesses and provide them with information that they may use to enhance and develop their capabilities for future leadership positions. Background: As mandated by Chapter 321, Texas Government Code, the SAO conducts audits of departments of state government, including institutions of higher education. Audits performed include financial, compliance, economy and efficiency audits, effectiveness audits, and investigations. The SAO prepares a written, public report for each audit conducted. Audits are conducted by self-managed teams, usually consisting of team members and a project manager. The project manager is responsible for supervising all aspects of the audit process. The audit manager serves in a consulting role to the project manager and the audit team to the extent required by the individual situation. Audit managers are assigned additional duties as mentor managers, responsible for staff evaluation and development, and as contact managers, responsible for client assistance and communications. In addition to audit management and staff development responsibilities, audit managers are responsible for audit planning. Supervising Assistant State Auditors function as project managers on very complex and/or high risk audits, serve as subject matter experts to audit teams, serve as contact managers, and may assist with the planning process. Nature of Services Required/Deliverables: The consultant will custom design a management assessment/development center for use by the SAO in measuring and developing the managerial and leadership skills of 16 SAO managers and 18 SAO Supervising Assistant State Auditors. The management assessment/development center may include but is not limited to assessment techniques such as situational exercises, simulations, business games, role playing, discussion groups, reports, presentations, and standardized ability and attitudinal paper- and-pencil measures. The SAO anticipates that the consultant will design appropriate test instruments, administer the tests, evaluate and provide one-on- one oral feedback on the test results, and provide individual and organizational recommendations for management staff development. The consultant will be available to and will work with subject matter experts within the SAO in the development of the test instruments. The SAO anticipates that the management assessment/development center will be conducted in three phases. The design phase of the management assessment/development center is to be completed no later than February 28, 1997. The test administration, evaluation, feedback, and recommendation phase for 16 members of the SAO executive management and audit management teams is to be conducted during June 1997 and completed no later than June 30, 1997. The third phase, the test administration, evaluation, feedback, and recommendation phase for 18 Supervising Assistant State Auditors is to be conducted during the Fall of 1997 and completed no later than November 30, 1997. Intent to Contract: Management consulting services related to the services sought under this request for proposals were previously provided under a contract with Winfred Arthur, Jr., Ph.D. Dr. Arthur has defined the competencies and abilities needed by SAO managers to perform their jobs and has provided recommendations for improving management knowledge, skills, and competencies. The SAO intends to award the contract for the management assessment/development center to Dr. Arthur unless a better offer is received in response to this request for proposals. Eligible Contractors. Qualifications and Conflict of Interest: Proposals are sought from education, management and human resources professionals with experience in developing similar management assessment/development centers. To avoid the possibility of a conflict of interest, respondents must certify that no individual owner, officer, or stockholder is related within the third degree by consanguinity or the second degree by affinity to any SAO employee. In addition, respondents must certify that no individual owner, officer, or stockholder has been a regular employee of the SAO within the previous twelve months of the date of the award of the contract. Historically Underutilized Businesses are encouraged to respond to this request for proposals and participate in the performance of the contract. Closing Date for Receipt of Proposals and Submission Instructions: Responses to this request for proposals are due by 4:30 p.m. Monday, January 27, 1997. Responses may be delivered to the State Auditor's Office, 206 East 9th Street, Suite 1900, Austin, Texas 78701, or mailed to the State Auditor's Office, P.O. Box 12067, Austin, Texas 78711-2067, to the attention of Dr. Deborah Kerr. Facsimiles will not be accepted. The anticipated contract award date will be Friday, January 31, 1997. Respondents may be asked to present their proposals orally at the State Auditor's Office in Austin, Texas, between Monday, January 27 and Friday, January 31, 1997. Information to be Included: To be considered for this contract, proposals must include the following information, in the order set out below: I. Identification of respondent, including name, address, telephone number, and contact person II. An overall description of the design of the management assessment/development center and specific description how the proposed plan will achieve the desired outcomes/results III. Descriptions of the specific assessment techniques to be administered, including work steps and timetable IV. Description of the methodology to be used for evaluation and recommendations, including work steps and timetable V. References: including contact name and address of at least two previous clients for whom similar instruments have been designed, a brief description of those projects, and copies of the instruments designed (or copies of a representative portion of the instruments) VI. Identification of consultants or staff members who would be responsible for the project, with a brief educational and work history for each, and a statement of contractor eligibility and absence of conflict of interest VII. Total proposed fee, breakdown of fee by major work steps, and basis of fee calculation Selection Process/Selection Criteria: The proposals will be reviewed by SAO staff members. Selection will be based on ability to demonstrate proven results, understanding of SAO needs, demonstrated competence, completeness of response, acceptability of proposed timetable, and reasonableness of proposed fee. All other things being equal, the SAO will give preference to a respondent whose principal place of business is in Texas. The SAO, at its discretion, may require respondents to supplement or clarify their proposals by an oral presentation or other assurances. The SAO reserves the right to negotiate any and all elements of respondents' proposals. The SAO reserves the right to accept or reject any and all proposals submitted. Issuance of this request for proposals creates no obligation to award a contract or to pay any costs incurred in the preparation of a proposal. The SAO intends to use responses to this notice as a basis for further negotiation of specific project details with respondents. Contact person: For further information about the SAO or this request for proposals, contact Deborah Kerr, Ph.D., Audit Director at (512) 479-4700. The SAO may, at its discretion, require questions to be submitted in writing. Release of Responses and Proprietary Information: In accordance with the Open Records Act, Texas Government Code, Chapter 552, responses to this request for proposals will be subject to disclosure subsequent to a contract award. Respondents are responsible for identifying proprietary information at the time of submission of their proposals and setting forth with specificity reasons why such information should not be disclosed. Whether or not proprietary information identified must be disclosed is subject to a decision of the Attorney General of Texas, in accordance with the Act. Proposals will not be returned to the respondents. All information submitted becomes the property of the SAO, and the SAO will have the right to use, reproduce, or distribute the information as needed to evaluate the proposals. The work product of the contractor will become the property of the SAO, and the SAO shall have the exclusive right to use, copyright, reproduce, publish, or distribute the work product. Costs Incurred: All costs incurred directly or indirectly in the preparation of a response to this request for proposals or any oral presentation required to supplement or clarify a response will be borne by the respondent. Issued in Austin, Texas, on December 18, 1996. TRD-9618394 Lawrence F. Alwin, CPA State Auditor State Auditor's Office Filed: December 19, 1996 Texas Commission for the Blind FFY 1997 Independent Living Services Notice of Provider Enrollment Pat D. Westbrook, Executive Director of the Texas Commission for the Blind, announces the availability of funds for contracting with external entities (organizations or individuals) to provide "hands-on" independent living skills training to consumers receiving services from the Commission. Provider(s) are being sought to address unmet needs in the following geographic areas: -- Dallas area (Cooke, Grayson, Fannin, Denton, Collin, Hunt, Dallas, Rockwall, Kaufman, Elks, and Navarro Counties); -- Amarillo area (Dallam, Sherman, Hansford, Ochiltree, Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, and Childress Counties); -- Southeast area (Galveston, Brazoria, and Southeast portion of Harris County); and -- El Paso area (El Paso County). The Commission's primary objective is to increase the availability of services that enable consumers who are blind or severely visually impaired to live independently. Providers will train consumers at the consumer's residence in adaptive skills techniques to accommodate for the consumer's vision loss in daily living activities such as: -- Personal Management (grooming, clothing identification & coordination, eating, health, safety). -- Home Management (sewing, cleaning of clothing, housekeeping, meal preparation, marketing, minor home maintenance). -- Communication (time, telephone, money management, writing, typing, language skills, equipment use). -- Orientation & Mobility (pre-cane skills, including orientation to surroundings, sighted guide, and protective techniques). Providers will also assist consumers with information and referral needs, such as housing, nutrition, general health (diabetes management), transportation, and financial matters. Additional preference will be given to providers who can provide the following services: -- Vision services, including counseling and guidance, low vision referral and follow-up, assistance in coordination of restoration services, and arranging diagnostic and evaluation services. -- Recreation and socialization services, including group activities, individual activities, and interpersonal relations. -- Related services, including recommending adaptive aids, advocacy, and transportation. Service providers must be individuals (who may or may not be part of an organization) with demonstrated skills in providing independent living skills training, preferably with experience in "hands-on" individual training to persons who are elderly or who have disabilities, particularly visual losses. Other requirements include a college degree and good oral and writing skills. TARGETED POPULATION. Consumers to be served by providers are persons who are totally blind, legally blind, or severely visually impaired who have met the basic requirements for receiving services from the Commission's Independent Living Program. Services will be provided in coordination with Commission staff, who will retain responsibility for eligibility decisions, service plan development, use of agency funds, and coordination of services, including acquisition of adaptive devices. PERIOD COVERED BY CONTRACTS. It is estimated that services will begin in March 1997 after contracts are awarded. Contracts will run through the state fiscal year, ending August 31, 1997. WHO IS ELIGIBLE TO APPLY. Organizations and individuals that can provide individualized independent living skills training may apply. APPLICATION PROCEDURES. All applications must be postmarked no later than January 29, 1997. Submit applications to Glenda Embree, Supervisor of Program Specialists, Texas Commission for the Blind, 4800 North Lamar, Suite 220, Austin, Texas 78756, a narrative no longer than five typed pages, which describes: (1) individual or organization applying; (2) proposed geographic coverage; (3) proposed number of hours available per week; (4) quality and extent of services to be provided (list service categories offered); (5) experience in providing individual adaptive skills training, information and referral services, vision services, recreation and socialization services, and related services (cite recipient population and mode of delivery); (6) qualifications of each person who will be providing this service (each person, even if associated with an association, will be evaluated); (7) additional information about you or your organization and past achievements in serving consumers who are visually impaired or blind; (8) three letters of reference from individuals trained by the applicant; and (9) a list of agreements with other state agencies. INQUIRIES: To facilitate the process, interested parties are urged to contact the Texas Commission for the Blind with related questions prior to drafting proposals. Inquiries should be directed to Glenda Embree at (512) 459-2583. REIMBURSEMENT AND METHOD OF PAYMENT: Services will be reimbursed at an hourly rate of $20 per hour for time spent directly with consumers and conferring with the TCB case manager. Travel time will be reimbursed at $10 per hour. Travel costs will be reimbursed according to State of Texas guidelines. The service provider will be responsible for all transportation arrangements. Each provider will submit a monthly statement containing a detailed listing of provided services and copies of training reports. The Commission will share report formats with providers. Upon Commission approval of the submissions, payment shall be made by State warrant. REVIEW CRITERIA: Applications for each designated area will be reviewed by a panel consisting of a Commission regional director, a selected case manager, and a TCB central office liaison. Respondents meeting minimum criteria will be scheduled for a presentation before the review panel. The presentation must include an oral synopsis of their application and a demonstration of teaching an independent living skill. Reviewers will use the following criteria to evaluate the applications: (1) The application addresses the explicit purpose cited in this notice. (2) The applicant addresses expertise with the subject matter. (3) The applicant provides evidence of their professional and organizational capacity to achieve the objectives in a timely manner. (4) The applicant agrees to provide services to the consumer at the consumer's residence. (5) The applicant agrees to meet with the case manager for an initial orientation to this project and thereafter on an as-needed basis. (6) The applicant agrees to observations with the case manager to review teaching techniques and to assure quality of services. (7) The applicant agrees to submit reports with required content within 30 days of service provision. ADDITIONAL FACTORS: Preference will be given to applicants exhibiting: -- the widest array of services; -- the greatest availability for geographic coverage within the areas cited as needing coverage; and -- experience in addition to demonstrated knowledge. Issued in Austin, Texas, on December 19, 1996. TRD-9618387 Pat D. Westbrook Executive Director Texas Commission for the Blind Filed: December 19, 1996 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Articles 1.04 and 1.05, as amended (Texas Civil Statutes, Articles 5069-1.04 and 1.05). [graphic] Issued in Austin, Texas, on November 26, 1996. TRD-9618378 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissoner Filed: December 18, 1996 The State Policy Committee for the State Employee Charitable Campaign is accepting applications from federations/funds, meeting Texas Civil Statutes, Article 6813h, desiring to be the 1997 State Campaign Manager for the State Employee Charitable Campaign. To receive an application, call (512) 478-6601. Completed applications must be received by the State Policy Committee, State Employee Charitable Campaign, 823 Congress Avenue, Suite 1103, Austin, Texas 78701 no later than 5:00 p.m., January 10, 1997. Applications received after that time, will not be accepted. Issued in Austin, Texas, on December 23, 1996. TRD-9618582 Mary Ellen Burns Senior Vice President State Employee Charitable Campaign Policy Committee Filed: December 23, 1996 General Services Commission Notice of Award of Consultant Contract In accordance with Chapter 2254, Subchapter B of the Texas Government Code, the General Services Commission (the "GSC") publishes this notice of a consultant contract award. The notice of invitation for offers from private consultants (the "IFO") appeared in the October 11, 1996, issue of the Texas Register (21 TexReg 10111). The contract consists of a four-phase project to include: 1. Analysis of the GSC's Telecommunications Services Division (TSD) current internal work flow processes for each of TSD's functions; 2. Development of recommendations for cost-effective solutions to operations; 3.Incorporation of the results of phases 1 and 2 for the development of a Request for Information and a Request for Offer for vendors to implement a cost-effective telecommunications management system for TSD operations; and 4. Review, analysis and selection of vendor responses for negotiation with eligible vendors. The consultant selected to perform this service is Blythe-Nelson, 1999 Bryan Street, Suite 3500, Dallas, Texas 75201. The contract period December 10, 1996 and will end upon completion of all four phases of the project as required in the IFO. The total maximum value of the contract is $193,300 plus travel and out-of-pocket expenses not to exceed 10% of the total cost of the contract. The consultant shall provide documentation for the project as follows: (1) Request for Information Document - 12/27/96; (2) Current Operations summary Report - 01/20/97; (3) Proposed Telecommunications Management System - 02/04/97; (4) RFO Specifications Document - 02/17/97; (5) Evaluation Matrix for each Sub-System - 03/05/97 (6) Draft Recommendation Report - 03/12/97 Issued in Austin, Texas, on December 20, 1996. TRD-9618592 Judy Ponder General Counsel General Services Commission Filed: December 23, 1996 Texas Department of Health Correction of Errors The Texas Department of Health proposed an amendment to 22 TAC sec.741.2. The rule appeared in the December 6, 1996, issue of the Texas Register (21 TexReg 11714). On page 11714, the title under Part XXXII., the word "Pathologists" should be "Pathology" and the word "Audiologists" should be "Audiology". The Texas Department of Health proposed amendments to 22 TAC sec.sec.741.32 and sec.741.33. The rules appeared in the December 6, 1996, issue of the Texas Register (21 TexReg 11716). On page 11716, sec.741.32[(b), the word "conductino" should be "conduction". The Texas Department of Health proposed amendments to 22 TAC sec.741.62 and sec.741.65. The rules appeared in the December 6, 1996, issue of the Texas Register (21 TexReg 11717). On page 11718, sec.741.65(e)(1), the words "speech-language" should be inserted between the words "licensed" and "audiologist" in the second and third sentences. On page 11719, sec.741.65(f)(1)(A), the word "audiometric" should be deleted. On page 11719, sec.741.65(f)(1)(B), the words "conduct aural habilitation or rehabilitation" should be replaced with "implement the treatment program or the individual education plan (IEP) designed by the licensed speech-language pathologist". Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] [graphic] [graphic] In issueing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation. This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Issued in Austin, Texas, on December 19, 1996. TRD-9618412 Susan K. Steeg General Counsel Texas Department of Health Filed: December 19, 1996 Notice of Rescission of Order Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health, rescinded the following order: Emergency Cease and Desist Order issued November 6, 1996, to Methodist Health Care System of San Antonio, Ltd., doing business as Village Oaks Medical Center, 12412 Judson Road, San Antonio, Texas 78233, holder of Certificate of Registration Number R14294-001. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 20, 1996. TRD-9618502 Susan K. Steeg General Counsel Texas Department of Health Filed: December 20, 1996 Notice of Revocation of a Certificate of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following certificate of registration: MRX Corporation, Fort Worth, R13674, December 12, 1996. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday- Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 20, 1996. TRD-9618501 Susan K. Steeg General Counsel Texas Department of Health Filed: December 20, 1996 Health and Human Services Commission Public Notice The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 96-11, Amendment Number 512. The amendment revises the plan to implement a new reimbursement methodology for state-operated intermediate Care Facilities for the Mentally Retarded (ICFs/MR). This new methodology will provide the mechanisms to reimburse state-operated ICFs/MR on each facility's historical cost pattern. The amendment is effective May 1, 1996. If additional information is needed, please contact Rose Rossman, Texas Department of Mental Health-Mental Retardation, at (512) 206-5755. Issued in Austin, Texas, on December 5, 1996. TRD-9618540 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: December 20, 1996 Texas Department of Housing and Community Affairs Manufactured Housing Division Notice of Administrative Hearings Texas Department of Housing and Community Affairs Manufactured Housing Division Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Arturo Garcia doing business as Garcia House Mover to hear alleged violations of Texas Manufactured Housing Standards Act, Texas Civil Statute, Article 5221f, sec.sec.3(10), 7(d) and 17(b) (Vernon 1995) and 10 Texas Administrative Code, sec.80.125(e)(1), regarding installation of a manufactured home without obtaining, maintaining or possessing a valid certificate of registration. SOAH 332-96-2379. Department MHD1996000848D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on December 23, 1996. TRD-9618600 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Manufactured Housing Division Filed: December 23, 1996 Texas Department of Housing and Community Affairs Manufactured Housing Division Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Patrick Downey doing business as Admiral Homes, Inc. to hear alleged violations of the Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f, sec. 14(e)(6) ("the Act") and 10 Tex. Admin. Code, sec. 80.132(a)(6) by failing to comply with the initial report and warranty service orders of the commissioner and provide the department with copies of completed work orders and the Act, sec. 69.123(a) by not properly submitting monthly installation summary reports showing the exact number of homes sold. SOAH 332-95-1257. Department MHD1995000370-C. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on December 23, 1996. TRD-9618601 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Manufactured Housing Division Filed: December 23, 1996 Texas Department of Human Services Notice of Public Hearing The Texas Department of Human Services (TDHS) will conduct a public hearing to receive comments on the department's proposed payment rates for the following programs: Nursing Facilities, Swing Bed, Hospice-Nursing Facilities, and Bienvivir Waiver. The hearing is held in compliance with 40 TAC sec.24.101(b)(4), which requires a public hearing on proposed payment rates for medical assistance programs. The public hearing will be held on January 17, 1997 at 8:30 a.m. in the 1W Conference Room of the John H. Winters Center (701 West 51st Street, Austin, Texas, First Floor, West Tower, Room 103). If you are unable to attend the hearing, but wish to comment on the payment rates, written comments will be accepted if received by 5:00 p.m. on the day of the hearing. Please address written comments to the attention of Pam McDonald. Written comments may be mailed to the address noted below, delivered to the receptionist in the lobby of the John H. Winters Center, or faxed to (512) 438-3014. Interested parties may request to have mailed to them or pick up a briefing package concerning the proposed payment rates on or after January 3, 1997 by contacting Pam McDonald, M/C W-425, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-4086. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Pam McDonald (512) 438- 4086 by January 13, 1997 so that appropriate arrangements can be made. Issued in Austin, Texas, on December 20, 1996. TRD-9618556 Glenn Scott General Counsel Texas Department of Human Services Filed: December 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 a name change in Texas for Ranger County Mutual Insurance Company, a domestic fire and casualty company. The proposed new name is Vesta County Mutual Insurance Company. The home office is in Houston, Texas. Application for a name change in Texas for Insurance Company of the Prairie States, a foreign fire and casualty company. The proposed new name is American Agri-Business Insurance Company. The home office is in Des Moines, Iowa. 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 December 20, 1996. TRD-9618567 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: December 20, 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 Primary CareNet of Texas, L.L.C., a domestic third party administrator. The home office is San Antonio, 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 December 20, 1996. TRD-9618579 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: December 20, 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 admission to Texas of HRM Claim Management, Inc., a foreign third party administrator. The home office is Minneapolis, Minnesota. 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 December 20, 1996. TRD-9618568 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: December 20, 1996 Texas Department of Mental Health and Mental Retardation Notice Of Cancellation Of Public Hearing The Texas Department of Mental Health and Mental Retardation (TDMHMR) cancels the previously announced public hearing for Monday, January 6, 1997, to receive comments on the department's proposed reimbursements for the following Medicaid programs: non-state operated model based ICF/MR rates effective January 1, 1997, through December 31, 1997; and, non-state operated model based HCS rates effective January 1, 1997, through December 31, 1997. The previously announced public hearing regarding the state operated small facility specific rate for 9th Street home of The Lakes Regional State Operated Community Services effective September 11, 1996, through December 31, 1996, will be held as previously announced. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(j), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The hearing regarding the state operated small facility specific rate for 9th Street home of The Lakes Regional State Operated Community Services effective September 11, 1996, through December 31, 1996, will be held at 8:30 a.m., Monday, January 6, 1997, in the auditorium of the TDMHMR Central Office (main building) at 909 West 45th Street in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at (512) 206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas, on December 19, 1996. TRD-9618435 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: December 19, 1996 Notice of Medicaid State Plan Amendment The Texas Department of Mental Health and Mental Retardation (TDMHMR) plans to submit a Medicaid state plan amendment to allow for the adjustment of 1997 non- state operated ICF/MR reimbursement rates. This action will ensure that reasonable and necessary costs are covered for non- state operated ICF/MR facilities that serve persons with mental retardation. The rate methodology will be effective January 1, 1997, and reimburse non-state operated ICF/MR providers based on modeled rates through 1997. The model rates are based on the historical cost experience of service providers in Texas, the operational aspects and quality requirements of the service, and the cost experience of the state in providing services. Rates will be inflated for future years and new models will be redetermined at least every four years. The net increase in annual expenditures for ICFs/MR for fiscal year 1997 is estimated to be $67,726,744. The non-state operated mental health and mental retardation facilities that contract with TDMHMR may be contacted for copies of the proposed amendment. Copies also may be obtained for public review by writing to Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or by calling (512) 206-5754. Issued in Austin, Texas, on December 18, 1996. TRD-9618368 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: December 18, 1996 Notice of Public Hearing on Medicaid Rates The Texas Department of Mental Health and Mental Retardation (TDMHMR) will conduct a public hearing to receive comments on the department's proposed reimbursements for the following Medicaid programs: non-state operated HCS model based rates effective January 1, 1997, through December 31, 1997, and non-state operated ICF/MR model based rates effective January 1, 1997, through December 31, 1997. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(j), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The public hearing will be held at 1:30 p.m., Thursday, January 16, 1997, in meeting rooms A-D of building 626 (Canteen) at the Austin State Hospital, 4110 Guadalupe in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at (512) 206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas, on December 20, 1996. TRD-9618511 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: December 20, 1996 Notice of Public Hearing on Medicaid Rates The Texas Department of Mental Health and Mental Retardation (TDMHMR) will conduct a public hearing to receive comments on the department's proposed reimbursements for the following Medicaid programs: state operated HCS model based rates effective January 1, 1997, through August 31, 1997. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(j), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The public hearing will be held at 1:30 p.m., Wednesday, January 22, 1997, in the auditorium of the TDMHMR Central Office (main building) at 909 West 45th Street in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at (512) 206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas, on December 20, 1996. TRD-9618541 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: December 20, 1996 Texas Natural Resource Conservation Commission Enforcement Orders An agreed enforcement order was entered regarding LAKE OIL COMPANY, Docket Number 96-0425-PST-E (Facility Number 38766, Enforcement ID Number E10568) on December 9, 1996, assessing $4,400 in administrative penalties with $3,200 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Mick Wilson, Enforcement Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding PRIMECO, INCORPORATED, Docket Number 96-1393-PST-E (Facility Number 24593, Enforcement ID Number E11016) on December 9, 1996, assessing $600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding DR. MARIA LOUISA GARZA AND MR. JAMES KIM, Docket Number 96-0643-PST-E (Facility Number 49467, Enforcement ID Number E11532) on December 9, 1996, assessing $13,400 in administrative penalties with $4,020 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed enforcement order was entered regarding DON GALE DBA EAGLE POINT ESTATES, Docket Number 96-0982-PWS-E (PWS Number 2500049) on December 9, 1996, assessing $2,480 in administrative penalties with $744 deferred. Information concerning any aspect of this order may be obtained by contacting Guy Henry, Staff Attorney at (512) 239-6259 or Dorothy Young, Enforcement Coordinator at (512) 239-6064, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on December 19,1996. TRD-9618433 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: December 19, 1996 Notice of Applications for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of December 16, 1996, thru December 18, 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. 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 permit 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; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If a hearing request is filed, the Executive Director will not issue the permit 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 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. ASARCO INCORPORATED, The applicant operates a non-ferrous metal (zinc, copper & lead) smelting plant, The plant site is at 2401 W. Paisano, southeast of the intersection of Executive Park Road and U.S. Highway 80A in the City of El Paso, El Paso County, Texas, renewal, 02321. BELL HELICOPTER TEXTRON, The applicant currently operates a facility which manufactures aircraft components and assembles complete helicopters, The plant site is at 600 East Hurst Boulevard in the City of Fort Worth in Tarrant County, Texas, renewal, 00367. BELLVILLE TUBE CORPORATION, The applicant operates a low carbon-steel tubing manufacturing plant, The plant site is approximately 3.0 miles southeast of the intersection of State Highway 36 and Farm-to-Market Road 2429 and adjacent to the intersection of State Highway 36 and Miller Road, approximately 5.2 miles southeast of the City of Bellville in Austin County, Texas, renewal, 03716. THE CELOTEX CORPORATION, The applicant operates an asphalt roofing products manufacturing plant, The plant site is on the south side of Hempstead Road just west of the intersection of Interstate Loop 610 and Hempstead Road, in the City of Houston in Harris County, Texas, amendment, 00660. DIAMOND SHAMROCK REFINING COMPANY, L.P., The applicant operates a petroleum refinery which produces a variety of petroleum-based products, including fuels, fuel oils, asphalt and sulphur, The plant site is at 301 Leroy Street in the City of Three Rivers in Live Oak County, Texas, renewal, 01353. CITY OF KENEDY, The applicant proposes to operate a water treatment facility, The water treatment unit is approximately 1.6 miles southeast of the intersection of U.S. Highway 181 and State Highway 72 in the City of Kenedy in Karnes County, Texas, new, 03913. CITY OF MUNDAY, The wastewater treatment facilities are immediately south of Farm-to-Market Road 1587 approximately 2.3 miles northwest of the intersection of Farm-to-Market Road 1587 and Farm-to-Market Road 266 in Knox County, Texas, new, 10228-02. RTF INDUSTRIES, INC., The applicant operates a metal finishing facility which uses electroplating, zinc and chromate conversion and a small nickel process line, The plant site is approximately 4 miles north of the intersection of U.S. Highways 59 and 80, near the City of Marshall in Harrison County, Texas, 02815. SOUTHERN CLAY PRODUCTS, INC., The applicant operates a bentonite clay mining facility, The plant site is approximately 3.6 miles east of the intersection of Farm-to-Market Road 532, Loop 146 and U.S. Highway 90A and approximately 3/4 mile south of U.S. Highway 90A near the City of Gonzales in Gonzales County, Texas, renewal, 03302. TEXAS AIR NATIONAL GUARD, USAF, The applicant performs aircraft flight and maintenance operations, The plant site is at 14657 Sneider Street in the City of Houston in Harris County, Texas, renewal, 03273. Issued in Austin, Texas, on December 19,1996. TRD-9618434 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: December 19, 1996 Notice of Public Hearing (Permit Endorsements) Notice is hereby given that under the requirements of Texas Health and Safety Code, sec.382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to Chapters 50, 291, 295, 297, and 305. The commission proposes new sec.50.45, concerning Corrections to Permits. The new section allows the executive director to make nonsubstantive corrections to a permit either by reissuing the permit, or by issuing an endorsement to a permit, without observing formal amendment and public notice procedures. Such changes include correcting clerical or typographical errors, changing mailing addresses, and adding updated and more accurate information to the permit. The proposal also eliminates duplicative, program-specific requirements in Chapters 291, 295, 297, and 305. A public hearing on the proposal will be held February 5, 1997, at 2:00 p.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing. Written comments may be mailed to Lisa Martin, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 96174- 050-AD. Comments must be received by 5:00 p.m., February 5, 1997. For further information, please contact Brian Christian, Policy Research Division, at (512) 239-1760. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on December 18,1996. TRD-9618620 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 23, 1996 Notice of Public Meeting The Waste Reduction Advisory Committee (WRAC) will meet at the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Austin, Texas in Building F, Room 2210 from 9:00 a.m. to 3:00 p.m. on January 9, 1997. A public comment period will be available. The purpose of the meeting is to discuss recommendations related to the development of Environmental Management Systems, ISO 14000 Certification, the CLEAN INDUSTRIES 2000 program, and program updates from the Office of Pollution Prevention and Recycling. For details contact Mr. Ken Zarker at (512) 239-3145 or e-mail kzarker@tnrcc.state.tx.us. Issued in Austin, Texas, on December 20,1996. TRD-9618521 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 20, 1996 Notice Of Receipt Of Application and Declaration Of Administrative Completeness For Municipal Solid Waste Management Facility Permits For The Week Ending December 20, 1996 APPLICATION BY THE CITY OF ELDORADO, Proposed Permit Amendment Number MSW349-A, authorizing an amendment to their Type I-AE (Landfill) municipal solid waste management facility permit. The amendment would allow a lateral expansion of their facility. The existing site covers about 75.465 acres of land and receives about 18.5 tons of municipal solid waste per day. The site is located on County Road 404, about 1.2 miles north of U.S. Highway 190, 5 miles west of the City of Eldorado, in Schleicher County, Texas. 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 application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on December 19,1996. TRD-9618432 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: December 19, 1996 Public Hearing Notice NOTICE OF PUBLIC HEARING BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ON PROPOSED REVISIONS TO 30 TAC CHAPTER 321 Notice is hereby given that pursuant to the requirement of the Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC) will conduct a public hearing to receive testimony concerning Chapter 321, relating to the authorization by rule of discharges to waters in the state from certain aquaculture production facilities. The purpose of the proposed new Subchapter O is to streamline the current permitting process by authorizing by rule certain activities, thereby eliminating the need for individually issued commission permits for a subset of specific wastewater discharge and waste handling facilities. The proposed sections cover activities that are now subject to individual permits. In developing these regulations, the commission is specifying which particular aquaculture production facilities may be authorized by individual permit, those which may be authorized by rule, and those which may be subject to a case-by- case review with an ultimate decision by the commission on whether to authorize a discharge by permit, by rule with a registration, or by rule being exempt. The commission has chosen to retain the policy of individually reviewing permit applications for proposed aquaculture discharges located in the coastal zone. This increased scrutiny will help address the unique issues associated with the typically larger operations located in coastal waters. It will also help monitor the type of species being produced and help assess the impacts on native species and coastal water quality caused by coastal aquaculture facilities. Those facilities authorized by rule would be categorized as posing a low risk of harm to human health and the environment, and would represent a significant demand on agency resources if permitted individually. Such activities may be authorized by rule as provided by sec.26.040 of the Texas Water Code. Wastewater effluent quality will be controlled under the proposed rule by requiring specific design and operational best management practices and specific discharge requirements at aquaculture facilities. The proposed rule also requires that an individual commission permit must be obtained if a facility cannot adequately control waste by utilizing the best management practices provided by this subchapter. Also, facilities are required to be operated in a manner that will prevent the creation of a nuisance or condition of air pollution, as provided by Chapters 341 and 382 of the Texas Health and Safety Code. A public hearing on the proposal will be held January 28, 1997, at 2:00 p.m. in Room 2210 of commission Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in the order of registration. Open discussion within the audience will not occur during the hearing; however, a commission staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments on the proposal should refer to Rule Log No. 96171-321-WT and may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC 205, P. O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may also be faxed to (512) 239-5687. Written comments must be received by 5:00 p.m. 30 days from the date of publication of this proposal in the Texas Register. For further information concerning this proposal, please contact Stephen Ligon, Wastewater Permits Section, Agriculture and Watershed Management Division, at (512) 239- 4527. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on December 23,1996. TRD-9618623 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 23, 1996 Public Utility Commission of Texas Notices of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 9, 1996, to amend a Certificate of Convenience and Necessity pursuant to the Public Utility Regulatory Act of 1995, sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255. A summary of the application follows. Docket Title and Number: Application of Midwest Electric Cooperative, Inc. for a Certificate of Convenience and Necessity for Proposed Transmission Line in Scurry County, Docket Number 16758 before the Public Utility Commission of Texas. The Application: In Docket Number 16758, Midwest Electric Cooperative, Inc. requests approval to construct approximately 2.18 miles of 69-kV transmission line on concrete single-pole structures. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing-and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 within 15 days of this notice. Issued in Austin, Texas, on December 20, 1996. TRD-9618562 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 11, 1996, to amend a Certificate of Convenience and Necessity pursuant to the Public Utility Regulatory Act of 1995, sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255. A summary of the application follows. Docket Title and Number: Application of Southwestern Power Service Company for a Certificate of Convenience and Necessity for Proposed Transmission Line in Gray County, Docket Number 16771 before the Public Utility Commission of Texas. The Application: In Docket Number 16771, Southwestern Public Service Company requests approval to construct approximately 3.9 miles of 115-kV transmission line and the conversion of ten miles of existing 69-kV transmission line to double-circuit 115/69-kV transmission line on wood H-frame structures. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing- and speech- impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 within 15 days of this notice. Issued in Austin, Texas, on December 20, 1996. TRD-9618563 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1996 Notice of Workshop The Public Utility Commission of Texas will hold a workshop on Friday, January 10, 1997, at 9:00 a.m. in the commissioner's hearing room at the commission's offices at 1701 North Congress, Austin, Texas on issues related to the disconnection of local telephone service. On November 1, 1996, the Office of Public Utility Counsel (OPC), the Center for Economic Justice, and Consumers Union Southwest Regional Office (Petitioners) petitioned the Commission to amend Substantive Rules sec.sec. 23.42, 23.43, 23.45, 23.46, 24.31, and 24.32. The petition proposed amendments which would have prohibited telephone utilities from disconnecting or refusing to connect basic local telephone service for nonpayment of other services, including long distance. The petition also proposed other reforms. The petition was assigned Project Number 16606. At the December 19, 1996, Open Meeting, the commission denied the petition and instead, initiated a new project (Project Number 16804) to investigate the issues raised by the petition. The commission authorized a staff-level workshop to be held on January 10, 1997. At the workshop scheduled for January 10, 1997, parties attending the workshop should be prepared to discuss the following: (1) the petition filed in Project Number 16606; and (2) the list of questions developed by commission staff incorporating the revisions made by the commission. Interested parties may obtain a copy of the petition and the list of questions from central records under Project Number 16804. Following the workshop, the staff will report the progress of Project Number 16804 to the commission at the February 5, 1997, Open Meeting. The commission may discuss and take action on this project at the February 5 Open Meeting. Persons who plan to attend the workshop should register with Lucila Etheridge at (512) 936-7259. If you have any questions regarding this matter, please call Anita Fourcard at (512) 936-7247 or Meena Thomas at (512) 936-7243. Issued in Austin, Texas, on December 20, 1996. TRD-9618504 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1996 Public Notice The Public Utility Commission of Texas at its open meeting on December 12, 1996, issued an order establishing the general procedures that will apply to the commission's investigation of the potential entry of Southwestern Bell Telephone Company (SWBT) into the Texas interLATA telecommunications market. This investigation is undertaken in accordance with sec.sec.1.101, 1.203, and 3.051 of the Public Utility Regulatory Act of 1995 (PURA95), as well as the commission's obligation under sec.271(d)(2)(B) of the Federal Telecommunications Act of 1996 (FTA96) to consult with the Federal Communications Commission (FCC) on matters involving SWBT's application to enter the Texas interLATA market. This investigation is assigned Project Number 16251. Section 271 of FTA96 establishes procedures through which SWBT may apply to the FCC for authorization to provide interLATA services in Texas. To enter the interLATA market, FTA96 sec.271(c) requires that SWBT satisfy criteria under three broad categories. In brief, a showing must be made that SWBT: (1) has entered into a binding agreement with at least one unaffiliated competing provider of facilities-based telephone exchange service to provide access and interconnection to SWBT's network facilities (unless no competitor has requested such service); (2) is providing access and interconnection pursuant to one or more access/interconnection agreements (or, if there are no such agreements, SWBT generally offers to provide access and interconnection in accordance with a generally-applicable statement of terms and conditions); and (3) has satisfied the 14-point competitive checklist set forth in sec.271(c)(2)(B) Any person interested in participating in this investigation is required to file 22 copies of a "Motion for Leave to Participate" in this project on or before January 13, 1997. The motion must at least indicate why the moving party has an interest in participating in this project, and provide a name, address, telephone number, and fax number of a person designated to receive service. Parties who wish to contest a motion for leave to participate must file their replies in opposition in accordance with the commission's procedural rules. Parties that file motions for leave to participate may also include brief statements in their motions that explain their general positions on whether SWBT has already or will be in a position to comply with the requirements of FTA96 sec.271 within the near future. These motions may also explain whether a protective order will be necessary in this investigation. If a protective order is deemed necessary, the movant should also explain whether and to what extent the protective order issued by the commission on July 31, 1996, in Project Number 16101, "In the Matter of Negotiated Interconnection Agreements of Telecommunications Carriers," should be adopted in this project. The commission also requests interested persons to file: (1) lists of specific information that should be submitted to the commission by SWBT and all jurisdictional telecommunications carriers; and (2) lists of issues that should be addressed in the commission's recommendations to the FCC and DOJ. These lists should be limited to the information necessary to satisfy the requirements of FTA96 sec.271(c) and (d), NARUC's Best Practices Statement, DOJ's Working Draft #1, and DOJ's questions posed in the BellSouth investigation, on file with the commission in this project. Motions for leave to participate and comments in this proceeding are due by 3:00 p.m. on January 13, 1997. All filings shall reference Project Number 16251, and shall be submitted (22 copies) to Paula Mueller, Secretary of the Commission, P. O. Box 13326, Austin, Texas 78711-3326. Issued in Austin, Texas, on December 20, 1996. TRD-9618491 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1996 Public Notice On October 15, 1996, Southwestern Bell Telephone Company filed a tariff application for approval to establish a new Pricing Flexibility Plan Tariff. In its application, Southwestern Bell Telephone Company seeks to provide pricing flexibility for certain of its tariffed services (Basket I Services) in which a Local Service Provider (LSP) is operating and providing services in competition with Southwestern Bell Telephone Company. The proposed tariff allows for adjustments of recurring rates, volume discounts, term discounts, geographic specific discounts, reduction/waiver of installation charges, and price reductions for certain services packages. On November 12, 1996, Southwestern Bell Telephone Company's proposed tariff application was docketed and suspended to March 20, 1997, or until the issuance of a superseding Commission order. At a prehearing conference held on December 13, 1996, the parties agreed to jointly file, no later than December 30, 1996, a list of legal issues and brief statements of position thereon, and requested the Administrative Law Judge to certify one or more legal issues to the Commission pursuant to Public Utility Commission Procedural Rule 22.127 for consideration at the Commission's January 22, 1997, open meeting. Docket Title and Number: Application of Southwestern Bell Telephone Company for Approval to Establish New Pricing Flexibility Plan Tariff, Docket Number 16542 before the Public Utility Commission of Texas. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on December 20, 1996. TRD-9618564 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1996 Request for Comments Regarding Possible Revisions to Public Utility Commission Substantive Rule 23.45(h) The Public Utility Commission of Texas has established a project, Project Number 16665, to investigate the need for a rule regulating the provision of refunds and surcharges to consumers. The commission, at its open meeting on November 7, 1996, expressed interest in seeking comment on the proper standards to be applied to govern when a refund or surcharge is appropriate and possibly conducting a public workshop to receive input from interested persons. The commission has identified certain areas upon which it seeks public comment. Any interested person may file responses to the following questions or general comments on possible revisions to Substantive Rule 23.45(h) by submitting written comments (18 copies) to Paula Mueller, Secretary of the Commission, P.O. Box 13326, Austin, Texas 78711-3326. Such comments should refer to Project Number 16665 and should be filed by January 27, 1997. P.U.C. Substantive Rule sec.sec.23.45 reads, in relevant part, as follows: sec.sec.23.45 Billing. (h) Overbilling and underbilling. If billings for utility service are found to differ from the utility's lawful rates for the service being purchased by the customer, or if the utility fails to bill the customer for such service, a billing adjustment shall be calculated by the utility. If the customer is due a refund, an adjustment shall be made for the entire period of the overcharges. If an overcharge is adjusted by the utility within three billing cycles of the bill in error, interest shall not accrue. Unless otherwise provided in this section, if an overcharge is not adjusted by the utility within three billing cycles of the bill in error, interest shall be applied to the amount of the overcharge at the rate set by the commission annually for a calendar year. . . . If the customer was undercharged, the utility may backbill the customer for the amount which was underbilled. The backbilling is not to exceed six months unless the utility can produce records to identify and justify the additional amount of backbilling or unless such undercharge is a result of meter tampering, bypassing, or diversion by the customer as defined in sec.sec.23.47(f). . . ." 1. Should there be a presumption that the utility must refund 100% of overbilled amounts to a customer? Should the burden of proof lie with the utility to rebut that presumption based on factors provided for by rule? 2. Should there be a presumption that the utility may not surcharge a customer for underbilled amounts? Should the burden of proof lie with the utility to rebut that presumption based on factors provided for by rule? 3. What responsibility should a utility bear to ensure that its customer is being billed for the proper service at the proper tariffed rate? What responsibility should a customer bear to ensure that the utility is billing such customer for the proper service at the proper tariffed rate? 4. If rebuttable presumptions regarding refunds and surcharges are adopted, what factors should be considered when determining whether the presumption applicable to a refund or surcharge is adequately rebutted? a) Should consideration be given to the utility's availability of billing records? b) Should consideration be given to the length of time between an incident of overbilling/underbilling and the time when the customer or utility recognizes the error? Should a time limit constrain the utility's ability to recover underbillings? c) Should consideration be given to the failure to communicate accurate and pertinent information or a failure to request appropriate information with regard to services chosen and provided, by the customer and the utility, respectively? d) Should consideration be given to whether a customer is a residential versus business customer, and why? e) Should consideration be given to whether a customer's is a governmental entity or a quasi-governmental entity, and why? Should any list of factors specified by P.U.C. Substantive Rule 23.45(h) be exhaustive or nonexhaustive? 5. To what extent should the five factors enunciated in Docket 13168, Application of Guadalupe Valley Electric Cooperative, Inc. To Revise G-3, G-4, and G-5 Service Tariffs, for determining when a refund should be ordered, be incorporated into the commission's rules? Those factors are: intent of utility in assessing unlawful charge; character of unlawful charge; utility's difficulty in making refund of unlawfully collected amounts; realization of any excess profits due to unlawful charge; and genesis of proceeding in which refund issue arose, for example, whether it arose as a result of a customer complaint. 6. Are there any legal restrictions that would limit the applicability of amendments to P.U.C. Substantive Rule 23.45(h) with regard to underbillings and overbillings that occurred prior to the adoption of such amendments? 7. As a condition of service, may a utility require a customer to waive or restrict the customer's right to recover a refund? 8. Should P.U.C. Substantive Rule 23.45(n), relating to the retention of billing records, be modified to be consistent with any amendments to P.U.C. Substantive Rule 23.45(h)? 9. Are there any other issues that the commission should consider in determining the extent to which a utility should refund or surcharge a customer when it has overbilled or underbilled such customer? Issued in Austin, Texas, on December 20, 1996. TRD-9618503 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1996 The Texas A&M University System-Corpus Christi, Board of Regents Publication Notification Amendment for Consultant Contract #96-015 Description of Amendment to Contract Instrument adaptation and development cycle for the Texas A&M University-Corpus Christi Nursing Program to provide assessments for the health care administration programs. Name and address of the consultant selected: INTERED 4540 East Elwood Suite One Phoenix, AZ Bob Horn (602) 894-5550 Original amount of contract: $42,012 Amendment $3,400 Dates of completion of work to be performed: 36 months ending in August 1999 Issued in Austin, Texas, on December 17, 1996. TRD-9618369 Vickie Running Executive Secretary to the Board of Regents The Texas A&M University System-Corpus Christi, Board of Regents Filed: December 18, 1996 Texas Department of Transportation Request for Proposals Notice of Invitation: The San Angelo District of 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. To qualify for contract award a selected engineer must perform a minimum of 30 percent of the actual contract work. Contract Number 07-745P5001: The development of plans, specifications, and estimate for the construction of an urban freeway facility in the city of San Angelo, Tom Green County, Texas. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 947-9244, or by mail or hand delivery to TxDOT, San Angelo District Office, 4502 Knickerbocker Road, San Angelo, Texas 76904, Attention: John R. DeWitt Jr., P.E. Letters of interest will be received until 5:00 p.m. on Thursday, January 9, 1997. 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 07-745P5001. 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.) Proposal Submittal Deadline: Proposals for Contract Number 07-745P5001 will be accepted until 5:00 p.m. on Friday, January 24, 1997, at the previously mentioned TxDOT, San Angelo District Office address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to John R. DeWitt Jr., P.E. at (915) 947-9265 or fax (915) 947-9244. Issued in Austin, Texas, on December 19, 1996. TRD-9618445 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: December 19, 1996 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 services for one PS and E project. The engineer selected must perform a minimum of 30% of the actual contract work to qualify for contract award. Contract Number 20-745P5004: The preparation of plans, specifications and estimate is for the development of roadway design for IH 10 frontage roads at Walden Road. The scope of work to be performed under this contract shall consist of design surveying, roadway design, preparation of plans, traffic control plans, general notes, special provisions and specifications, computing quanties and estimate costs for the reconstruction of the IH 10 frontage roads. The project elements will consist of grading, pavement, storm drainage adjustments, signing, pavement markings, traffic control plans and Storm Water Pollution Plans (SW3P). The engineering services will include updating field surveys and collection of other data required. The completed PS and E shall be suitable for bidding and award in accordance with standard TxDOT procedures. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (409) 898-5801, or hand-delivered to TxDOT, Beaumont District Office, Attention: Karen Davis, P.E., 8350 Eastex Freeway, Beaumont, Texas 77708, or mailed to P.O. Box 3468, Beaumont, Texas 77704-3468. Letters of interest will be received until 5:00 p.m. on Friday, January 10, 1997. The letter of interest must include the provider's firm name, address, telephone number, name of provider's contact person and refer to Contract Number 20-745P5004. Proposals will not be mailed until after deadline for letters of interest. (NOTE: Written requests, either by mail/hand delivery or fax, will be required to receive Request for Proposal packet. TxDOT will not issue a Request for Proposal packet without receipt of letter of interest before the deadline.) Proposal Submittal Deadline: Proposals for Contract Number 20-745P5004 will be accepted until 5:00 p.m. on Friday, February 7, 1997 at the TxDOT Beaumont District Office at the above mentioned address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Karen Davis, P.E. at (409) 898-5820 or fax (409) 898-5801. Issued in Austin, Texas, on December 23, 1996. TRD-9618619 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: December 23, 1996 The University of Texas System Notification of Award of Consulting Services Contract for Information Management Technology Consulting Services (RFP Number 745-6-77864) The award of consulting services contract by The University of Texas Health Science Center at San Antonio is filed under the provisions of the Government Code, Chapter 2254. Publication Date: July 16, 1996 Volume: 21 Page: 6737 Description of Study: A study on strategies regarding information management technology, in support of all policies, plans, and programs of the University of Texas Health Science Center at San Antonio. [graphic] Issued in Austin, Texas, on December 16, 1996. TRD-9618285 Arthur H. Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: December 17, 1996 Texas Workers' Compensation Commission Notice of Public Hearing on Rules Regarding the Upper Extremities Treatment Guideline and Preauthorization The Texas Workers' Compensation Commission will hold a public hearing on 28 TAC 134.600, "Procedure for Requesting Preauthorization of Specific Treatments and Services" (proposed amendment to the existing rule); and 28 TAC 134.1002, "The Upper Extremities Treatment Guideline" (proposed amendment to the existing rule). Testimony will be limited to the amended language only (for Rule 134.600, the proposed amendment to subsection (h)(6); for Rule 134.1002, the proposed amendment to the expiration date in subsection (b)(1)). The hearing will be held on Thursday, January 16, 1997 at 2:00 p.m. in Room 910- 911 at the Commission's central office in the Southfield Building, 4000 S. IH35, Austin, Texas. The proposed amendments were published in the December 17, 1996, issue of the Texas Register (21 TexReg 12052 and 12054). Issued in Austin, Texas, on December 23, 1996. TRD-9618625 Elaine Crease Program Assistant, General Counsel's Office Texas Workers' Compensation Commission Filed: December 23, 1996