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 Egg Penalty Matrix The Texas Department of Agriculture (the department) is publishing the following administrative penalty matrix to inform the regulated public. This matrix has been developed for the enforcement of the Texas Agriculture Code (the "Code"), Chapter 132, and the rules adopted pursuant to this chapter. The department's authority for enforcement of Chapter 132 is found in sec.12.020 of the Code, whereby the department may assess and collect administrative penalties against violators of Chapter 132 in an amount not to exceed $500 per violation. Each day that a violation occurs or continues to occur may be considered a separate violation for purposes of administrative penalty assessment. This administrative penalty matrix is designed to ensure that the department's administrative enforcement actions are fair, uniform, consistent, and appropriate. The penalties provided in the matrix are intended to deter future violations of the Code and to penalize violators. This matrix replaces the one previously published in the December 2, 1994 issue of the Texas Register (19 TexReg 9553). This matrix is effective immediately upon its publication in the Texas Register. The violations covered by the matrix are broken into categories based upon the specific type of violation or the type of threat posed to the consumer by the violative conduct. Each category of violation is then broken down by class based upon the seriousness of the violation. The most serious violations are listed under Class I and the least serious under Class III. Penalties are then established by determining whether the violation is a first violation or a repeat violation. Second and repeat violations are those which follow a previous violation of any type for which an administrative enforcement action was taken. While some violations may be appropriately placed in a number of different categories, each violation has been placed under the category most appropriate for effective enforcement. Category A covers violations which pose a potential threat to human health. This category carries with it the most severe administrative penalties because it covers the most serious type of violations. It is the department's highest priority to enforce the portions of this chapter which ensure the health and safety of the consumer. The highest penalties apply to violations which threaten the health of the consumer and are inconsistent with a direct order of the department that the activity involved not be undertaken. For example, the highest penalty assessed under the matrix is for violation of a stop sale order, where an individual has sold eggs despite having been told by the department that the eggs cannot be sold. Category B covers violations that mislead the consumer and are generally related to labeling. The penalties proposed for violations of this type are to ensure that the public is not mislead by representations regarding egg quality, size, or grade. Category C covers violations that interfere with the department's ability to protect consumers, either by failing to maintain required records or by refusing to allow the department access to records. A number of other reporting violations are also included within Category C. Category D covers violations that constitute a substantial disregard for the licensing and administration provisions of the law, but which do not directly threaten the health of the consumer. This category includes a number of licensing and reporting violations which are less serious than those in Category C. Category E covers violations that involve a failure to pay or collect fees provided under the chapter. This category carries the smallest penalties because the violations pose no threat to the consumer. Penalties calculated pursuant to the matrix may be adjusted upward or downward based on previous compliance and efforts to correct any error. Such adjustments may be made on a case by case basis. EGG ADMINISTRATIVE PENALTY MATRIX. Category A: Potential Human Health Hazard. I. 132.071. Selling eggs in violation of a Stop Sale Order that could affect Human Health. 132.082. Selling inedible eggs. II. 132.045. Failure to handle eggs under reasonably sanitary conditions. 132.046. Failure of shipped eggs to be transported under refrigeration at the temperature set by TDA. 132.046. Failure of eggs to be stored and/or maintained at the temperature set by TDA. III. 132.044. Failure to remove from retail display on a daily basis cartons containing cracked eggs, leaking eggs or some combination of cracked and leaking eggs. Category B: Misleading the Consumer. I. 132.041. Grading or sizing eggs by a method other than by candling and weighing. 132.042. Offering for sale eggs which are offered as graded eggs but are not graded by either consumer or wholesale grade and weight classes. 132.044. Grade of eggs not stated. 132.044. Size of eggs not stated. 132.044. Quantity of eggs not stated. 132.044. Reference is made to grade or type other than that claimed. II. 132.044. Failure of each breakaway portion of a container to contain full information about the size and grade, quantity of eggs in divided portion, Texas egg license number and address of grader/packer. III. 132.084. Advertising eggs by price without indicating the full, correct and unabbreviated designation of size and grade. 132.084. Advertising or selling shell eggs below grade "A" by advertising as fresh, yard, selected, hennery, etc. or words having a similar meaning. Category C: Impeding Departmental Powers. I. 132.005. Denial of access to business during normal business hours to take samples of eggs and containers. 132.006. Failure of out-of-state location shipping eggs to Texas to make records or invoices available for TDA inspection, where size and grade determinations are made out of state. 132.061. Failure to make records available at all reasonable times for inspection by TDA. 132.071. Selling eggs in violation of a Stop Sale Order not affecting Human Health. 132.072. Failure of licensee under probated suspension to limit practice to the areas prescribed by TDA. 132.072. Failure of licensee under probated suspension to comply with continuing education requirements set by TDA. 132.072. Failure of licensee under probated suspension to report to TDA as required. II. 132.061. Failure of a licensed dealer/wholesaler or processor to keep on file for two years a complete record of all eggs bought or sold, including name of person to who sold or from whom bought, number of cases in each transaction, and the date of the transaction. 132.062. Failure of licensed dealer/wholesaler or processor to deliver with each transaction, sale or delivery a signed invoice listing date, quantity, grade and size of eggs. III. 132.023. Failure of out-of-state license applicant to file with TDA a designation of resident agent for service of process. Category D: Licensing and Administration. I. 132.021. Buying or selling eggs in Texas without first obtaining a license. 132.021. Failure of a licensed dealer/wholesaler, processor or broker to submit a monthly/quarterly egg reporting form not later than the tenth day of the following month/quarter. 132.021. Failure of a licensed dealer/wholesaler to accurately report egg business during any month/quarter. 132.022. Failure to apply for licensing under the appropriate category. 132.022. Failure of dealer/wholesaler to obtain a separate license for each separate facility from which eggs are graded and/or stored. 132.022. Failure of processor to obtain a separate license for each separate facility from which eggs are processed. 132.024. Buying or selling eggs after August 31 of any license year without renewing license. II. 132.044. Failure of all required labeling information to be placed in a legible fashion on the top panel of carton in a space free of any competing printed matter. 132.044. Failure of printed matter to contrast sharply with the background of the space imprinted. 132.046. Failure of shipped eggs to be at least grade "A". III. 132.041. Grading and sizing at some place other than licensee's place of business in Texas or designated location out of state.132.041. Grading or sizing of eggs by someone unlicensed under this chapter. 132.044. Failure to label eggs as ungraded where appropriate, followed by producer's name, only when packed by producer and sold directly to consumer. 132.044. Failure of a producer exempt under 132.002 to label stock cartons with "Produced by" followed by producer's name and address where eggs are sold by producer directly to consumer. 132.044. Failure to provide packer's license number on label. 132.044. Failure of label to contain required information in legible type or print on either or both ends. Category E: Failing to Pay or Collect Fees. I. 132.006. Failure of out-of-state licensee to reimburse TDA for the actual and necessary expenses incurred in inspections authorized under this section. 132.021. Failure to submit the correct fee with the monthly reporting form where due. II. 132.022. Failure of dealer/wholesaler to pay appropriate license fee according to volume of eggs handled at each separate facility. 132.022. Failure of processor to pay appropriate license fee according to volume of eggs handled at each separate facility. 132.025. Failure of applicant to pay initial license fee prior to issuance of license. 132.025. Failure of license renewal applicant to pay license renewal fee prior to August 31 of previous license year. 132.025. Failure to pay late fee charged for late payment of renewal fee. III. 132.043. A licensed processor fails to pay fee on first use or change in form of eggs processed. 132.043. A licensee who first establishes grade, size and classification of eggs fails to collect fee on first sale of eggs. graphic graphic Issued in Austin, Texas, on May 27, 1997. TRD-9706940 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: May 27, 1997 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of May 20, 1997, through May 27, 1997: FEDERAL AGENCY ACTIONS: Applicant: Sidney Schwartz; Location: Colorado River, Selkirk Island, 321 Selkirk Road, Matagorda, Matagorda County, Texas; Project Number.: 97-0140-F1; Description of Proposed Action: The applicant proposes to retain a 4 foot by 22 foot pier with a 12 foot by 24 foot L-head and add a 12 foot boat lift with a 5 foot by 8 foot access walkway; Type of Application: U.S.C.O.E. permit application #20943 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Gerald Turner; Location: Colorado River, Selkirk Island, 323 Selkirk Road, Matagorda, Matagorda County, Texas; Project Number: 97-0141-F1; Description of Proposed Action: The applicant proposes to retain a 12 foot by 24 foot boat lift, a 16 foot by 26 foot deck, and associated piers and walkways and to add to the complex a 12 foot by 20 foot boat lift with a 3 foot by 15 foot access walkway; Type of Application: U.S.C.O.E. permit application #20944 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Henry-Zamora Venture; Location: On the Gulf side of South Padre Island, between the Sheraton Hotel, 310 Padre Blvd., and Bridgepoint Condominiums, 334 Padre Blvd., South Padre Island, Cameron County, Texas; Project Number: 97-0143-F1; Description of Proposed Action: The applicant proposes to fill 4.24 acres of isolated, freshwater wetlands with 10,000 cubic yards of sand and provide mitigation to construct a 13.59 acre Schlitterbahn waterpark; Type of Application: U.S.C.O.E. permit application under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Enron Oil & Gas; Location: East Breaks, Block 250, Lease OCS-G 17242, OCS Federal Offshore Waters, Gulf of Mexico; Project Number: 97-0142-F1; Type of Application: Initial Plan of Exploration, Title 30 CFR 250.33 (f) and (h). Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. Issued in Austin, Texas, on May 28, 1997. TRD-9706965 Garry Mauro Chairman Coastal Coordination Council Filed: May 28, 1997 Comptroller of Public Accounts Local Sales Tax Rate [graphic] Issued in Austin, Texas, on May 27, 1997. TRD-9706953 Martin Cherry Chief, General Law Comptroller of Public Accounts Filed: May 27, 1997 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on May 20, 1997. TRD-9706718 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: May 21, 1997 Texas Department of Health Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. graphic graphic graphic 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 May 28, 1997. TRD-9706969 Susan K. Steeg General Counsel Texas Department of Health Filed: May 28, 1997 Notice of Consultant Contract Award In accordance with the provisions of Chapter 2254, Subchapter B of the Texas Government Code, the Texas Department of Health (department) announces this notice of consultant contract award. The related Request for Proposal (RFP) was published in the March 22, 1996, issue of the Texas Register (21 TexReg 2426). An award relating to Phase 1, Tasks 1, 2, and 3 as detailed in the RFP was made to The Lewin Group, Inc., and was published in the July 5, 1996, issue of the Texas Register (21 TexReg 6269). This award relates to Phase 2 and Phase 3 as detailed in the RFP. In Phase 2, the consultant will perform an analysis on some specific areas within the Medicaid Managed Care program. These areas may include, but are not limited to, producing a feasibility study of the various aspects of implementing managed care in the Medicaid program, offering recommendations to the current reimbursement protocols relating to Graduate Medical Education (GME) payments, analyzing the vendor drug program and offering recommendations on alternatives to consider for the inclusion of this program in future managed care arrangements, determining the impact of managed care negotiations and implementations upon the hospital selective contracting process, analyzing the integration of Long Term Care services and Mental Health services into Medicaid Managed Care and/or analyzing the impact of Medicaid Managed Care growth on Disproportionate Share Program hospitals. In Phase 2, the consultant is required to provide written reports to the department six weeks after the award of any specific study requested by the department. In Phase 3, the consultant must define, specify and develop requirements related to the acquisition, operation and maintenance of a central data library and warehouse including, but not limited to, the hardware, network, software, applications, data identification, data extraction, data loading/integration and editing, the location, configuration, connectivity, operations development and maintenance components. In Phase 3, a report that the consultant is required to provide to the department 8 weeks after the execution of the contract will consist of the definitions, specifications and development of requirements related to the acquisition, construction, operation and maintenance of a central data library and warehouse including, but not limited to, the hardware, network, software, applications, data identification, data extraction, connectivity, operations development and maintenance components. In Phase 3, a report that the consultant is required to provide to the department 12 weeks after the execution of the contract will include definitions and specifications for the application development and maintenance requirements that a central data library and warehouse would need. Additional reports that the consultant will be required to provide to the Texas Department of Health in Phase 3, 14 to 16 weeks after the execution of the contract, will include a recommendation for an operation and management model to include oversight, operation and ownership of the central data library and warehouse hardware or related data services and the consultant defining and specifying the requirements for a recommended implementation plan for the Medicaid program to follow in developing and implementing a central data library and warehouse or services contract. The consultant selected for the project for Phase 2 and Phase 3 is The Lewin Group, Inc., 9302 Lee Highway, Suite 500, Fairfax, Virginia 22031. The total value of Phase 2 of the contract is not to exceed $230,000. The total value of Phase 3 of the contract is not to exceed $265,000. The contract will begin upon execution and is scheduled to end on or before October 31, 1997, unless extended by written amendment. For more information, please contact Larry Fisher, Bureau of Statistics and Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Telephone (512) 794-6894. Issued in Austin, Texas, on May 27, 1997. TRD-9706954 Susan K. Steeg General Counsel Texas Department of Health Filed: May 27, 1997 Texas Department of Health Notice of Request for Proposals for The Dental Health Assessment of Texas Health Steps Population PURPOSE: The Texas Department of Health (department) is requesting proposals for two separate dental health assessments of the Texas Health Steps (THSteps) population. THSteps is known as the Early Periodic Screening, Diagnosis, and Treatment Program (EPSDT) at the federal level. The first assessment is a study of children in the second and eighth grades enrolled in the free-lunch program in public schools in Texas. The second assessment will evaluate the extent of dental disease of two-year-olds enrolled in THSteps. Both assessments will determine the number and percent of recipients who have no cavities, have no untreated cavities, and require referrals for appropriate dental care. ELIGIBLE APPLICANTS: All governmental, public, non-profit private, or for-profit private entities that can demonstrate the expertise necessary to carry out the described services are encouraged to submit proposals. Applicants may submit proposals to conduct either or both dental assessments. DENTAL HEALTH ASSESSMENT OF SCHOOL-AGE CHILDREN: The department will provide a random sample of public schools statewide participating in the free-lunch program from which clinical surveys will assess the dental health of second- and eighth-grade classes. In May 1997, a total of 21,544 public schools (grades 1-8) participated in the free-lunch program, 4,755 of which offered either second or eighth-grade classes, or both. The applicant must complete at least 200 dental assessments among the selected schools for each grade. The successful applicant also must coordinate assessment activities with appropriate school administrators. A consent form will be developed in conjunction with the department for distribution to the parents and guardians of all children in the selected classes. In addition to securing parental/guardian permission, the consent form will request demographic information and contain additional clinical survey questions. The applicant will schedule and administer clinical dental examinations using criteria developed with the department. The exam must evaluate whether the child 1) ever had cavities and 2) had untreated cavities at the time of the exam. No radiographs will be required. The applicant should make every effort to achieve a participation rate of 70 percent of the students on the free lunch program in each of the selected classes. The applicant will provide a data record for every child with a returned consent form containing both the consent form data and the results of the clinical dental exam. This file will be provided electronically. Reports must be submitted to monitor progress on a regular basis. Dental exams must be completed within four months of initiating the clinical portion of the dental assessment. At the end of the contract period, the applicant will submit a complete report summarizing the project results. DENTAL ASSESSMENT OF TWO-YEAR-OLD CHILDREN: The department will provide a random sample of two-year-old (24 to 35 months) children enrolled in THSteps to conduct clinical surveys of dental health. As of March 1997, there were 84,350 two-year- old children enrolled in THSteps. The applicant will schedule and administer clinical dental assessments using criteria developed with the department. The assessment must evaluate the extent of dental disease present. Evaluation criteria will have a specific focus on disease requiring hospitalizations. No radiographs will be required. The applicant must complete at least 100 exams among the selected two-year-olds. The applicant will provide results of the clinical dental evaluation as well as a rating of the child's willingness to cooperate for treatment in an electronic file to the department. Reports must be submitted to monitor progress on a regular basis. Dental exams must be completed within six months of initiating the clinical portion of the dental assessment. At the end of the contract period, the applicant will submit a complete report summarizing the project results. PROPOSAL GUIDELINES: Interested parties must submit proposals with the following information for each dental assessment: a statement of which dental assessment is being applied for; a description of the method to be used to assure a high response rate; a description of the qualifications and experience of the dental assessment team members; a description of quality control procedures for the assessment process and the entering and editing of the data gathered; a work schedule of the activities with milestones; a budget along with justifications that are consistent with the objectives and the amount of funds requested; the name, address, and phone number of the proposed project director; and the Vendor Identification Number/Tax Identification Number of the applicant. SELECTION CRITERIA: A committee of the department staff and external reviewers will evaluate proposals and make recommendations to THSteps which will select one proposal for funding for each assessment. Evaluation and funding will be based upon the following criteria (weighted values in parentheses): evidence of the applicant's knowledge and experience in conducting clinical surveys (20%); experience developing clinical surveys (20%); evidence of quality control procedures for the assessment process and the entering and editing of the data gathered (15%); evidence of ability and capacity to provide a clinical survey with valid data and a high response rate (15%); the submission of a realistic work plan and time line (10%); the submission of a budget that is appropriate for the scope and quality needed for the successful completion of the clinical survey (10%); and evidence of the applicant's experience in the preparation of project reports (10%). Indirect costs should be kept to a minimum. If none of the applicants satisfactorily meets the criteria, the department reserves the right to refrain from making a selection. The department reserves the right not to make an award because of changing funding priorities. After application review and evaluation, an applicant will be selected to negotiate a contract. The final amount of the contract will be determined through negotiations between the department and the applicant. The department reserves the right to adjust the funding allocation during the term of the contract pursuant to the terms of the contract. DEADLINES: Individuals or agencies interested in submitting a proposal should request a copy of the Request for Proposals from G. M. Nana Lopez, DDS, MPH, at (512) 458-7323. The original plus six copies of the proposal must be received by 5:00 p.m. C.S.T. on July 25, 1997, by G. M. Nana Lopez, DDS, MPH, Texas Department of Health, Room M355, 1100 West 49th Street, Austin, Texas 78756. Application review will be completed by August 31, 1997, with written notification being sent to all applicants on August 31, 1997. Proposals received after the deadline or incomplete proposals will not be evaluated. Faxed copies of proposals will not be accepted. Issued in Austin, Texas, on May 27, 1997. TRD-9706914 Susan K. Steeg General Counsel Texas Department of Health Filed: May 27, 1997 Texas Department of Insurance Insurer Services The following application has been filed with the Texas Department of Insurance and is under consideration: Application for incorporation in Texas for Sierra Casualty Insurance Company of Texas, a domestic fire and casualty company. The home office is in Dallas, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on May 22, 1997. TRD-9706808 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 22, 1997 Texas Department of Insurance Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Scottsdale Indemnity Company proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated art. 5.101, sec.3(g). They are proposing a rate of -50% below the benchmark for classes 7908 and 7909 in commercial automobile. They are not proposing revisions to the other percentages on file. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary, P&C, Philip Presely, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on May 21, 1997. TRD-9706759 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 21, 1997 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: Companion Life Insurance Company 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 May 26, 1997. TRD-9706966 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 28, 1997 Notice of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2295 scheduled for July 8, 1997 at 10:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), Rule 14, to amend the plan for installments for premium payments for the Personal Auto Policy. Staff also proposes to amend the Texas Standard Provisions for Automobile Insurance Policies (the Standard Provisions), Personal Auto Policy, Special Instructions in regard to installment payments. Staff's petition (Ref. No. A-0597-15-I) was filed on May 20, 1997. Staff proposes to amend the Manual's Rule 14 to reduce the percentage of the down payment that is to be required by an insurer writing a Personal Auto Policy that is to be purchased under this rule's installment payment plan. Rule 14 currently allows an insurer to require a down payment of no more than 25% of the total premium for 12-month policies and 40% for 6-month policies. Staff proposes to amend Rule 14 to provide for a down payment of 12.5% of the total premium for a 12-month policy, or 25% of the total premium for a 6-month policy that is to be paid off under this rule's installment payment plan. For a 12 month policy, the down payment will consist of 1/12 of the total premium (first installment) plus an additional advance premium equal to 1/24 of the total premium (50% of the monthly installment). For a 6 month policy, the down payment will consist of 1/6 of the total premium (first installment) plus an additional advance premium equal to 1/12 of the total premium (50% of the monthly installment). Staff proposes to amend the Standard Provisions, Personal Auto Policy, Special Instructions, by changing current #11 to #12, and by adding a new #11, titled "Installment Payment Plan" and providing as follows: "Each insurance company must either print on, stamp on, or attach to the declarations page the following statement: 'We agree to make available to you an installment payment plan as described in Rule 14 of the Texas Automobile Rules and Rating Manual, except when an installment payment plan is prohibited by rule or statute.' " The affordability of personal automobile insurance causes many consumers to choose not to purchase such insurance. Some consumers have difficulty making the down payments for the Personal Auto Policy as set forth in the current installment payment plan in Manual Rule 14, which requires the down payment to be 40% of the total premium for a 6-month policy and 25% of the total premium for a 12-month policy. One way to address the increasing number of uninsured motorists, particularly those uninsured motorists willing to purchase insurance, but who cannot afford the down payment, is to provide a payment plan with a more favorable down payment. Staff's recommendation will provide that an insurer using this plan shall require a down payment of 12.5% of the total premium for a 12-month policy or 25% for a 6-month policy. The remaining payments would pay off the balance in equal monthly installments and allow the insurer to maintain an additional advance premium of 1/24 of the total premium for 12-month policies and 1/12 of the total premium for 6-month policies. As previously mentioned, Rule 14 currently allows a 25% down payment for 12-month policies and 40% for 6- month policies. Under Staff's proposal, the additional advance premium should virtually eliminate the need for any further down payments to be made by the insured upon the renewal of a policy and may provide protection to an insurer in the event of a cancellation caused by inadvertent nonpayment of an installment when due. In the event an installment is not paid when due, an additional advance premium may be applied to the insured's account on a pro-rata basis. In other words, at the insurer's option, coverage may be extended until the full amount of the deposit is depleted. By allowing an additional advance premium to be applied on a pro- rata basis, both the insured and the insurer may benefit. The insured may benefit by having continuous coverage for the period of time provided by application of the additional advance premium. The insurer may benefit by having time to ascertain that the installment has not been paid, to mail a cancellation notice, and to avoid providing a period of coverage without paid premium. Under Staff's recommendation, insurers would continue being allowed to offer other payment options to a new applicant in addition to the Rule 14 plan, but the proposed plan must be made available to each new applicant except when an installment payment plan is prohibited by rule or statute. It appears likely that more applicants will choose the plan under Rule 14, if amended as proposed, for that plan will clearly be more affordable than Rule 14's current plan. The recommendation to amend the Special Instructions for the Personal Auto Policy, will assist insurers in complying with the existing requirement set forth in the order that created Rule 14 (Board Order Number 59537, issued April 13, 1992). On page 3 of that order appears the requirement, "The Policy shall include the following statement: 'We agree to make available to you an installment payment plan as described in the Texas Automobile Rules and Rating Manual.' " Board Order Number 59537 did not give any further guidance on how to incorporate the required language into the policy, resulting in some confusion on this issue, but that problem can be eliminated by Staff's proposal. The requirement of placing the above statement into the policy was to ensure that county mutual insurers offer the installment plan contained in Manual Rule 14. The Board in adopting Board Order Number 59537 clearly intended that the payment plan under Rule 14 apply to county mutual insurers, and placed the requirement in the policy form to which county mutual insurers are subject pursuant to the Insurance Code, Article 5.06 and Article 17.25, Section 5. Article 5.06, with certain exceptions, prohibits motor vehicle insurers from using policy forms other than those adopted by the Commissioner (or formerly by the Board of Insurance). Additionally, the tape recording of the January 15, 1992 meeting of the Board confirms that county mutual companies are subject to Board Order Number 59537, and that they must offer the Rule 14 installment payment plan. That requirement will be more clearly implemented by Staff's proposal to amend the Standard Provisions as set forth above. Staff further proposes that the required policy language be amended by addition of "except when an installment payment plan is prohibited by rule or statute." This amendment is necessary due to passage of HB 627, amending Transportation Code Section 601.083, requiring a certified policy to be issued for at least a period of six months and paid in full. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. Number A-0597-15-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on May 21, 1997. TRD-9706758 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 21, 1997 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 Financial Insurance Management Corporation, a foreign third party administrator. The home office is Metairie, Louisiana. Application for admission to Texas of MCS Administrative Services, Inc., a foreign third party administrator. The home office is Fountain Valley, California. Application for admission to Texas of AccuFlex Services, Inc., a foreign third party administrator. The home office is Wilmington, Delaware. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on May 21, 1997. TRD-9706760 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 21, 1997 Texas Natural Resource Conservation Commission Notice Of Application For Municipal Solid Waste Permit For The Week Ending May 23, 1997 COUGAR HOLDINGS, INC., D/B/A COUGAR DISPOSAL, INC., 2777 Allen Parkway, Houston, Texas 77019 has applied for an amendment to Permit Number MSW1921, designated Application Number MSW1921-A, to authorize an increase in the vertical expansion to an elevation of approximately 103.6 feet mean sea level. The proposed amendment also authorizes: revisions of the final grades and surface water drainage over the existing site; a perimeter drainage system; inclusion of 15 permanent landfill gas monitoring probes; changes in the groundwater monitoring system. The permittee is authorized to dispose of brush; construction-demolition waste; rubbish; inert material; man-made inert material; trash and yard waste which is free of putrescible; and household waste. In addition, Class II and III industrial plant trash free of putrescibles and Class III inert wastes will be accepted and managed. Petroleum contaminated soil that is within acceptable limits as defined by TNRCC regulations and guidelines will be accepted and disposed of. Solid waste may be accepted, but not limited to, the amount of 750 tons per day. The facility is located on a 114.57-acre site approximately 3.5 miles east of the intersection of East Mount Houston Road and U.S. Highway 59 in Harris 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 May 23, 1997. TRD-9706849 Eugenia K. Brumm, Ph. D. Chief Clerk Texas Natural Resource Conservation Commission Filed: May 23, 1997 Applications for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of May 19th thru May 23, 1997. 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. 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. 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. 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. CBI NA-CON INC., 8900 Fairbanks North Houston Road, Houston, Texas 77064, the wastewater treatment plant, the plant site is located in the northeast corner of the property at 8900 Fairbanks North Houston Road and approximately 3 miles north of the intersection of Fairbanks North Houston Road and U.S. Highway 290 in Harris County, Texas, renewal, 11389-01. CITY OF DANBURY, P.O. Box 258, Danbury, Texas 77534, wastewater treatment plant, the plant site is located on Avenue L between Seventh and Eighth Streets on the west side of Danbury in Brazoria County, Texas, renewal, 10158-001. CITY OF EDEN, P.O. Box 915, Eden, Texas 76837, the City of Eden Wastewater Treatment Plant is located approximately 2/3 of a mile east of U.S. Highway 83, 2/3 of a mile south of U.S. Highway 87 and immediately north of Harden Branch in the City of Eden in Concho County, Texas, amendment, 10081-01. CITY OF HILLCREST VILLAGE, P.O. Box 1172, Alvin, Texas 77512, wastewater treatment plant site is located on the west bank of Mustang Bayou, approximately 0.5 mile west of the intersection of County Road 326 and County Road 155 in Brazoria County, Texas, renewal, 10420-001. LAGUNA MADRE WATER DISTRICT, 105 Port Road, Port Isabel, Texas 78578, the Port Isabel Wastewater Treatment Facilities, the facilities are located approximately 0.75 of a mile south and 0.25 of a mile east of the intersection of Farm-to- Market Road 1792 and State Highway 100; 0.6 of a mile south of State Highway 100; and 0.9 of a mile east of Farm-to-Market Road 1792 in Cameron County, Texas, renewal, 10350-001. CITY OF MANVEL, P.O. Box 187, Manvel, Texas 77578, the wastewater treatment plant is located 0.8 mile northwest of the intersection of State Highway 6 and Farm-to-Market Road 1128 in Brazoria County, Texas, new, 13872-001. TEXAS UTILITIES ELECTRIC COMPANY, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411, a steam electric station, which is inactive, the plant site is located in Blocks 392 and 393 at 2707 Flynn Street in the City of Dallas, Dallas County, Texas, renewal, 01248. WEST ROAD WATER SUPPLY CORPORATION AND MCDONALD'S CORPORATION, a wastewater treatment plant, the plant site is located at 185 West Road along the east side of Interstate Highway 45, Harris County, Texas, renewal, 02761. WOODRIDGE LIMITED PARTNERSHIP, 3201 Dee Street, Shreveport, Louisiana 71105, the Woodridge Apartments Wastewater Treatment Facilities, the facilities are approximately 1600 feet southeast of the intersection of Farm-to-Market Road 134 and State Highway 43 in Harrison County, Texas, renewal, 13474-001. COGEMA MINING, INC., P.O. Box 730, Mills, Wyoming 82644, the proposed amendment would revise restoration values for calcium, magnesium, sodium, potassium, bicarbonate, TDS, conductivity, alkalinity, selenium, uranium, molybdenum and radium-226. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock, the West Cole Project is located in Webb County, Texas, approximately 40 miles east of Laredo and approximately two miles north of Brunion on the west side of Farm Road 2050, an amendment, Permit No. URO2463-001 (West Cole Mine Site), 30-day notice. DIAMOND SHAMROCK REFINING COMPANY, L.P., P.O. Box 696000, San Antonio, Texas 78269-6000, to authorize subsurface disposal of hazardous and non-hazardous wastes generated at its McKee Plant during the manufacture of gasoline, petroleum and ammonia related products, the waste disposal wells are located approximately 50 miles north of Amarillo and approximately 8 miles northeast of the City of Dumas, Texas, for underground injection control permits (Proposed Permit Nos. WDW-332 and WDW-333), 45-day notice. E. I. DUPONT DE NEMOURS & COMPANY, INC., Victoria Plant, P.O. Box 2626, Victoria, Texas 77902, authorizes operation of an industrial solid waste management facility for the storage, processing, landfilling, and post-closure care of industrial and hazardous waste, the wastes managed at this facility are generated on-site at the Victoria plant from the manufacture of organic chemicals and are received from off-site sources, the facility is located on a 4596-acre tract of land approximately 13 miles south of the city of Victoria in Victoria County, Texas, amendment, Permit No. HW-50056-001, 45-day notice. MONTFORT, INC., Schroeter Industrial Park, U.S. Highway 287, P.O. Box 524, Dumas, Texas 79029, to authorize subsurface disposal of non-hazardous wastes generated by the permittee's facility during hide processing and tanning operations, wastes are generated on-site and include hide processing wastewater; tannery wastewater; water softener regeneration wastewater; associated runoff, spill water, and service water; and compatible wastewaters generated during closures, the facility is located at Schroeter Industrial Park, in the City of Cactus, west of and adjacent to U.S. Highway 287, twelve miles north of the City of Dumas, Moore County, Texas, for underground injection control permits (Proposed Permit Nos. WDW-334 and WDW-335), 30-day notice. Issued in Austin, Texas, on May 23, 1997. TRD-9706846 Eugenia K. Brumm, Ph. D. Chief Clerk Texas Natural Resource Conservation Commission Filed: May 23, 1997 Applications for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of May 12th thru May 16, 1997. 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. 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. 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. 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. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 208, c/o Fulbright & Jaworski, 1301 McKinney, Houston, Texas 77010-3905, the Copperfield Wastewater Treatment Facilities are located at 7926 State Highway 6, approximately 3/4 mile northeast of the intersection of State Highway 6 and Farm-to-Market Road 529 (Spencer Road) in Harris County, Texas, amendment, 11947-001. CITY OF PHARR, P.O. Box B, Pharr, Texas 78577, the wastewater treatment plant is located adjacent to South "I" Road, approximately 1.9 miles south of the intersection of South "I" Road and U.S. Highway 83 Business in Hidalgo County, Texas, amendment, 10596-001. RESORT WATER SERVICES, INC., 6116 North Central Expressway, Suite 1300, Dallas, Texas 75206-5166, the wastewater treatment plant is approximately 0.3 mile south of the State Highway 198 and 1.5 miles west of the intersection of State Highway 198 and Farm-to-Market Road 316 in Henderson County, Texas, new, 13879-01. STANLEY LAKE MUNICIPAL UTILITY DISTRICT, 10474 Twin Circles, Montgomery, Texas 77356-5733, the Stanley Lake MUD Wastewater Treatment Plant is located approximately 2,000 feet north of State Highway 105 and adjacent to Lake Conroe, approximately 10 miles west of the City of Conroe in Montgomery County, Texas, renewal, 11367-001. TRANSTEXAS GAS CORPORATION, P.O. Box 1908, Laredo, Texas 78043, the wastewater treatment plant and evaporation pond are located on the northern side of State Highway 359, approximately 5.5 miles east of the City of Laredo in Webb County, Texas, new, 13856-001. CITY OF WINTERS, 310 S Main, Winters, Texas 79567, the wastewater treatment plant is located approximately 5,600 feet east and 2,900 feet south of the intersection of State Highway 153 and U.S. Highway 83, southeast of the City of Winters in Runnels County, Texas, amendment, 10320-001. Issued in Austin, Texas, on May 23, 1997. TRD-9706847 Eugenia K. Brumm, Ph. D. Chief Clerk Texas Natural Resource Conservation Commission Filed: May 23, 1997 Notices Of Receipt Of Application And Declaration Of Administrative Completeness For Municipal Solid Waste Management Facilities APPLICATION BY THE CITY OF GARLAND, Amendment to Permit Number MSW1895 (Application Number MSW1895-A), to authorize a vertical and horizontal expansion to the Type I municipal solid waste facility. The site covers approximately 482 acres of land and receives approximately 1089 tons of solid waste daily. The site is approximately 400 feet northwest of the intersection of Princeton Road and Yager Road in northeast Dallas County, Texas. APPLICATION BY SANIFILL OF TEXAS, INC., Amendment to Permit Number MSW1565-A (Application Number MSW1565-B), to authorize a vertical and horizontal expansion to the Type IV municipal solid waste facility. The site covers approximately 118.1155 acres of land and receives approximately 1650 tons of solid waste daily. The site is at 8205 Fairbanks North Houston Road in Harris 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 May 23, 1997. TRD-9706848 Eugenia K. Brumm, Ph. D. Chief Clerk Texas Natural Resource Conservation Commission Filed: May 23, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of May 23, 1997. Application Number TA-7813 by T.L. James & Company, Inc. for diversion of 9.0 acre-feet in an eight month period for industrial use. Water may be diverted from Little River, Brazos River Basin, at the crossing of F.M. 486, which is approximately 9.1 miles southwest of Cameron, Milam County, Texas, Brazos River Basin. Application Number TA-7814 by T.I. Energy Services, Inc. For diversion of 1.0 acre-feet during the period June 1, 1997 through December 31, 1997 for industrial use. Water may be diverted from Cow Bayou (north and south banks), Sabine River Basin, at a point approximately 3.0 miles downstream of the Highway 87 crossing of Cow Bayou and approximately 1.1 miles south of the F.M. l006. This location is approximately 5.0 miles south of Orange, Orange County, Texas. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. Issued in Austin, Texas, on May 23, 1997. TRD-9706850 Eugenia K. Brumm, Ph. D. Chief Clerk Texas Natural Resource Conservation Commission Filed: May 23, 1997 Texas Department of Protective and Regulatory Services Request for Proposal -- Services to At-Risk Youth (STAR) Program The Texas Department of Protective and Regulatory Services is soliciting proposals for service contracts to be awarded under the Department's Services to At-Risk Youth program. Services to At-Risk Youth (STAR) program is designed to reduce and prevent the problems of runaway, truancy, juvenile delinquency and family conflict through the provision of timely and appropriate short term services to eligible youths and their families. Services must be equally accessible to self- and family- referred youths and youths referred by agencies. Priority must be placed on supporting and strengthening the family unit. Consequently, services provided to the youth and the family while the youth remains in his/her home are preferred. The Department is contracting for services which are provided in the form of crisis intervention services, counseling services, skills-based training, and short-term residential care. These services must be made available to the following children and youths: At-Risk Youth - A youth aged 7-17 years who meets one of the following criteria: I. Runaway youth; II. Truant youth; III. Youth in family conflict. Delinquent Youth: Seven, eight, and nine year olds involved in delinquent offenses; Youth ages 10--16 who is involved in misdemeanor offenses and state jail felonies. Eligible applicants: Eligible offerors include: private, non-profit agencies; private, for profit agencies; partnerships; individuals; and governmental entities other than juvenile probation departments. Historically underutilized businesses are encouraged to submit proposals. Limitations: Funding of the selected proposals will be dependent upon available federal and/or state appropriations. The Department reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP if it is deemed in the best interest of the Department. Term: The effective dates of any contract awarded under this RFP will be November 1, 1997 through August 31, 1998. Deadline: All proposals to be considered for funding through this RFP must be received by 3:00 p.m. July 17, 1997. Modifications to the original proposal must also be received prior to 3:00 p.m. July 17, 1997. Evaluation and Selection: A panel will rank and score the proposals. The evaluation method and criteria will be specified in the RFP packet. Considerations are: need, program services, staffing, community collaboration, and cost. Contact Person: Potential offerors may obtain the RFP package beginning June 2, 1997. It is prefered that requests for the RFP be submitted in writing to Cynthia Ximenes, STAR Program Specialist; Texas Department of Protective and Regulatory Services; Agency Mail Code E-541; P.O. Box 149030; Austin, Texas 78714- 9030; (512) 438-3127 Proposals are being solicited for the following counties: Anderson, Armstrong, Aransas, Atascosa, Bee, Brewster, Brooks, Brown, Burnet, Calhoun, Cherokee, Collingsworth, Childress, Comanche, Crockett, Culberson, De Witt, Donley, Eastland, Foard, Freestone, Frio, Goliad, Hall, Hansford, Hardeman, Hemphill, Haskell, Henderson, Houston, Hudspeth, Hutchinson, Jackson, Jeff Davis, Jim Wells, Kenedy, Kent, Kinney, Kleberg, Knox, Leon, Lipscomb, Limestone, Live Oak, McCulloch, Madison, McMullen, Menard, Mills, Ochiltree, Oldham, Pecos, Presidio, Rains, Regan, Reeves, Refugio, Roberts, Sabine, San Jacinto, San Patricio, San Saba, Sherman, Smith, Stephens, Stonewall, Sutton, Terrell, Throckmorton, Val Verde, Van Zandt, Wheeler, Wood, Zavala.. The Department is also soliciting proposals for El Paso County and Travis County. These counties are currently being served as primary counties and the Department is soliciting proposals for a second primary contract in each of these counties. Cameron County and Denton County are currently being served as satellite counties. Due to their identification as the two satellite counties with general populations of over 300,000, they are being upgraded to primary counties. This RFP is opening these counties for competitive procurement by soliciting proposals for these counties as primary counties. Amount of Awards: Awards may range from a maximum of $300,000 for a primary county to a maximum of $40,000 for a satellite county and a maximum of $20,000 for an outlying county. Issued in Austin, Texas, on May 27, 1997. TRD-9706911 C. Ed Davis Deputy Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: May 27, 1997 Public Utility Commission of Texas Inquiry into Regulatory Treatment of Fuel Contract Futures. The Public Utility Commission of Texas requests interested parties to answer questions concerning the regulatory treatment of fuel contract futures. The commission requests that answers that total more than 10 pages include an executive summary. Answers to the questions may be filed by submitting 16 copies to the commission's Secretary, Mr. Steve Davis, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 30 days of the date of publication. All submissions should refer to Project Number 17007. This notice is not a formal notice of proposed rulemaking, but the parties' answers to the questions will assist the commission in developing a commission policy or determining the necessity for a related rulemaking. 1. Regarding fuel futures, please provide your definition of "hedging" activities verses "speculative" activities. 2. Please fully discuss the benefits of engaging in hedging activities. 3. Please fully discuss the costs of engaging in hedging activities. 4. Will the risks associated with using fuel futures cause the utilities' required cost of common equity to escalate? 5. Please fully discuss the potential risks to the utilities' financial integrity if the utility engages in the use of fuel futures. 6. Please fully discuss the rationale supporting your answer and provide any regulatory or accounting literature that supports your position. Is it feasible to objectively differentiate between "hedging" and "speculative" activities? If it is possible to differentiate, how or by what standards would you distinguish between the two activities? 7. Please fully explain any "hedging" activities in which your company engages. Include in your answer the types of activities and commodities traded, exchanged, etc. 8. Please provide examples of standard journal entries, by each type, of any "hedging" activities in which your company engages. 9. What guidelines, polices, limits does your company follow regarding "hedging" for fuel related futures? What guidelines would you recommend? 10. What was the total dollar amount of "hedging" with fuel related activities your company engaged in for the calendar year 1996? 11. What is the estimated total dollar amount of "hedging" with fuel related activities your company anticipates for the calendar year 1997? 12. For each specific commodity that was "hedged" for the year 1996, what is the percentage of your company's annual fuel related futures activity relative to your company's annual fuel consumption? 13. Should the gains and revenues from "hedging" with fuel related futures trading be distributed to ratepayers, shareholders, or shared between the two? Please fully discuss the rationale supporting each of your answers to the following: a. If these amounts should be distributed to ratepayers, please discuss the possible vehicles for distribution (i.e. fuel factor or base rates). b. If shared, how should they be split? 14. Should the losses and expenses from "hedging" with fuel related futures trading be borne by ratepayers, shareholders, or shared between the two? Please fully discuss the rationale supporting each of your answers to the following: a. If these amounts should be borne by ratepayers, please discuss the possible vehicles for collection (i.e. fuel factor or base rates). b. If shared, how should they be split? 15. Should "hedging" fuel related futures transactions (purchases, sale - gains/losses, expenses, etc.) be recorded as fuel or non-fuel? a. If these transactions are appropriately recorded as fuel, should they be reflected/recovered through base rates or via a fuel reconciliation? b. Please discuss fully the rationale supporting your answers and provide any regulatory or accounting literature that supports your position. 16. What guidelines, polices, limits does your company follow regarding "speculative" uses of fuel related futures? What guidelines would you recommend? 17. What was the total dollar amount of "speculative" uses of fuel related activities your company engaged in for the calendar year 1996? 18. What is the estimated total dollar amount of "speculative" uses of fuel related activities your company anticipates for the calendar year 1997? 19. Should profits or losses from "speculative" uses of fuel related futures transactions be flowed through to ratepayers? Please fully discuss the rationale supporting each of your answers to the following questions: a. If yes, how, why, and to what extent? b. If no, what safeguards should be established to ensure that ratepayers are not impacted by the profits or losses from "speculative" fuel related futures activities? c. Should "speculative" fuel related futures transactions (purchases, sale - gains/losses, expenses, etc.) be recorded as fuel or non-fuel? d. If these transactions are appropriately recorded as fuel, should they be reflected/recovered through base rates or via a fuel reconciliation? 20. What types of fuel price "hedging" instruments should the commission permit (e.g. should the commission limit utilities to "hedging" transactions that involve highly liquid instruments traded publicly?) Please discuss fully the rationale supporting your answers and provide any regulatory or accounting literature that supports your position. 21. Should the commission prohibit any specific types of transactions (e.g. length of hedge, types of hedging products)? Please discuss fully the rationale supporting your answers and provide any regulatory or accounting literature that supports your position. 22. Should the commission consider special restrictions, provisions, or guidelines on "hedging" natural gas futures transactions for utilities that own or lease gas storage? Please discuss fully the rationale supporting your answer and provide any regulatory or accounting literature that supports your position. 23. Should the commission consider special restrictions, provisions, or guidelines on "hedging" natural gas futures transactions for utilities that own their own natural gas production? Please discuss fully the rationale supporting your answer and provide any regulatory or accounting literature that supports your position. 24. Please discuss any other issues the commission should consider regarding fuel related futures activities. Issued in Austin, Texas, on May 22, 1997. TRD-9706805 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 22, 1997 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 May 15, 1997, 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 Public Utilities Board of the City of Brownsville and Central Power and Light Company to Amend Certificated Service Area Boundaries Within Cameron County, Docket Number 17453, before the Public Utility Commission of Texas. The Application: In Docket Number 17453, Public Utilities Board of the City of Brownsville and Central Power and Light Company request approval to amend their certificated service area boundaries so that Public Utilities Board of the City of Brownsville can provide electric service to El Valle West subdivision within Cameron County. 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 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on May 21, 1997. TRD-9706750 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 21, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 9, 1997, 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 Magic Valley Electric Cooperative, Inc. to Amend Certificate of Convenience and Necessity for a Proposed Transmission Line in Hidalgo County, Docket Number 17432, before the Public Utility Commission of Texas. The Application: In Docket Number 17432, Magic Valley Electric Cooperative, Inc. requests approval to amend its certificate of convenience and necessity to construct approximately 5.7 miles of 138-kV transmission line and the proposed Aderhold substation in Hidalgo County. 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 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on May 21, 1997. TRD-9706749 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 21, 1997 Notice of Application for Approval of Certain Depreciation Rates Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 16, 1997, for approval of certain depreciation rates pursuant to the Public Utility Regulatory Act of 1995 (PURA), Texas Revised Civil Statutes Annotated article 1446c-0, sec.3.051(b), and sec.3.151(a) (Vernon 1997). The following is a summary of the application. Docket Title and Number. Application of West Texas Rural Telephone Cooperative, Inc. for an Increase in Certain Depreciation Rates. Docket Number 17463. The Application. In Docket Number 17463, West Texas Rural Telephone Cooperative, Inc. requests approval to increase certain depreciation rates to receive full capital recovery of the following equipment accounts: digital electronic switching equipment, circuit equipment, and buried cable-metallic. 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 on or before June 24, 1997. Issued in Austin, Texas, on May 21, 1997. TRD-9706751 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 21, 1997 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 P.U.C. SUBSTANTIVE RULE 23.27 for a new PLEXAR-custom service for Alief Independent School District in Houston, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Alief Independent School District in Houston, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 17493. The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-custom service for Alief Independent School District in Houston, Texas. The geographic service market for this specific service is the Houston local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on May 27, 1997. TRD-9706916 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 27, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for an addition to the existing PLEXAR-custom service for Southwestern Bell Corporation in San Antonio, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for an Addition to the Existing PLEXAR-Custom Service for Southwestern Bell Corporation in San Antonio, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 17494. The Application. Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-custom service for Southwestern Bell Corporation in San Antonio, Texas. The geographic service market for this specific service is the San Antonio local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on May 27, 1997. TRD-9706917 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 27, 1997 Public Utility Commission of Texas Notice of Petition for Good Cause Exception to File Fuel Reconciliation Proceeding Notice is given to the public of the filing with the Public Utility Commission of Texas on April 22, 1997, of a petition for good cause exception to file fuel reconciliation proceeding. Docket and Title Number. Texas-New Mexico Power Company's Request for Good Cause Exception to File Fuel Reconciliation Proceeding. Docket Number 17376. The Application. Texas-New Mexico Power Company (TNP) requests a good cause exception to the requirement of Public Utility Commission Substantive Rule 23.23(b)(3) that it file a fuel reconciliation proceeding by March 31, 1997, and an extension of the filing date to June 30, 1997. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 no later than June 17, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Please reference Docket Number 17376. Issued in Austin, Texas, on May 23, 1997. TRD-9706851 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 23, 1997 Public Notices of Interconnection Agreement On May 15, 1997, Southwestern Bell Telephone Company (SWB) and Max-Tel Communications, Inc. (Max-Tel) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Public Law Number 104-104, 110 Statute 56 (1996), (to be codified at 47 United States Code, sec.sec.151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statutes Annotated, Article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17457 The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 18 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17457. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 19, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Consumer Affairs at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17457. Issued in Austin, Texas, on May 23, 1997. TRD-9706840 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 23, 1997 On May 15, 1997, GTE Southwest Incorporated and AT&T Wireless Services, Inc. (AWS) collectively referred to as Applicants filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Public Law Number 104-104, 110 Statutes 56 (1996), (to be codified at 47 U.S.C. sec.sec.151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statute Annotated article 1446c-0 Vernon 1997). The joint application has been designated Docket Number 17458. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 18 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17458. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 19, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Consumer Affairs at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17458. Issued in Austin, Texas, on May 23, 1997. TRD-9706839 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 23, 1997 On May 16, 1997, GTE Southwest Incorporated and Houston Cellular Telephone Company (Houston) and Galveston Cellular Telephone Company (Galveston) collectively referred to as Applicants filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Public Law Number 104-104, 110 Statutes 56 (1996), (to be codified at 47 U.S.C. sec.sec.151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statute Annotated article 1446c-0 Vernon 1997). The joint application has been designated Docket Number 17464. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 18 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17464. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 19, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Consumer Affairs at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17464. Issued in Austin, Texas, on May 23, 1997. TRD-9706838 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 23, 1997 Texas Department of Transportation Requests for Proposals Notice of Invitation: The Tyler District of the Texas Department of Transportation (TxDOT) intends to engage an engineer, pursuant to 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 10-745P5001: To conduct comprehensive speed surveys along various highways within the Tyler District. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (903) 510-9254, or by mail/hand delivery to TxDOT, Tyler District Office, Attention: George Grantham, P.E., 2709 West Front Street, Tyler, Texas 75702. Letters of interest will be received until 5:00 p.m. on Friday, June 13, 1997. The letter of interest must include the engineer's firm name, address, telephone number, fax number, name of engineer's contact person and the TxDOT contract number. 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 a Request for proposal packet. The letter of interest is required in order to receive a request for proposal packet and in order for a prime provider to submit a proposal.) Proposal Submittal Deadline: Proposals for Contract Number 10-745P5001 will be accepted until 5:00 p.m. on Monday, June 30, 1997, at the previously mentioned TxDOT, Tyler District address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to George Grantham, P.E., at (903) 510-9288 or fax (903) 510-9254. Issued in Austin, Texas, on May 28, 1997. TRD-9706956 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: May 28, 1997 Notice of Invitation: The Lufkin District Office of the Texas Department of Transportation (TxDOT) intends to enter into two contracts with professional engineers, pursuant to Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.40, to provide the following services. TxDOT will negotiate and enter a separate contract with each of the two prime providers selected. To qualify for contract award a selected engineer must perform a minimum of 30% of the actual contract work. Contract Number(s) 11-745P5008 and 11-745P5009: To perform transportation engineering such as traffic studies, hydraulic studies, design surveying, plans, specifications and estimates development for various highway rehabilitation projects in the Lufkin District for a two year period. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (409) 633-4374, or by hand/mail delivery to TxDOT, Lufkin District Office, Attention: Robert Neel, P.E., 1805 North Timberland Drive, Lufkin, Texas 75901. Letters of interest will be received until 5:00 p.m. on Friday, June 13, 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 number 11-745P5008 and/or 11- 745P5009. Upon receipt of the letter of interest, a Request for Proposal packet will be issued. (Note: The letters of interest, either by mail/hand delivery or fax, will be required to receive the Request for Proposal packet. The letter of interest is required in order to receive a request for proposal packet and in order for a prime provider to submit a proposal.) Proposal Submittal Deadline: Proposals for contract number(s) 11-745P5008 and 11-745P5009 will be accepted until 5:00 p.m. on Friday, June 27, 1997, at the previously mentioned TxDOT, Lufkin District Office address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Tina L. Walker, P.E., at (409) 633-4329 or fax (409) 633-4374. Issued in Austin, Texas, on May 28, 1997. TRD-9706957 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: May 28, 1997 The Texas Department of Transportation (TxDOT), Aviation Division, intends to engage an aviation engineering consultant pursuant to Chapter 2254, Subchapter A, of the Government Code. The Aviation Division will solicit and receive qualifications for professional services as described in the project scope for the following project: Airport Sponsor: City of Denton; Project Scope: Clearing/grubbing trees, regrading and replacing security fence in safety area and associated appurtenances at the Denton Municipal Airport; Estimated total project cost: $111,111.00. Project Manager: Bijan Jamalabad; Mailing address: TxDOT, 125 East 11th Street, Austin, Texas 78701-2483; Hand Delivery address: 150 E. Riverside, North Tower, Second Floor, Austin, Texas. Interested firms which do not already have a copy of the Form 439, entitled "Aviation Consultant Services Questionnaire", (August 1995 version) may request one from the TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701- 2483, 1-800-68-PILOT. The form is also available on high density 3 1/2" diskette in Microsoft Excel 5.0, and may be ordered from the above address with remittance of $2.50 to cover costs. The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. Two completed unfolded copies of Form 439 (August 1995 version) must be received by 4:00 p.m. (CDT), June 20, 1997, in the previously mentioned Aviation Division Office address. The three pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted. The airport sponsor's duly appointed committee will review all professional qualifications and select three to five engineering firms for proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Disadvantage Business Enterprise (DBE) participation, design schedule, and other matters prior to the final selection process. The final consultant selection by the sponsor's committee will generally be made following the completion of review of proposals and/or interviews. Procedures for award will be in accordance with FAA Advisory Circular AC 150/5100-14C. The airport sponsor reserves the right to reject any or all statements of qualifications and to conduct new consulting engineer selection procedures. If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, Aviation Division, Texas Department of Transportation at (512) 416-4520 or 1-800-68-PILOT. Issued in Austin, Texas, on May 28, 1997. TRD-9706958 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: May 28, 1997 The Texas A&M University System Consultant Proposal Request This request for consulting services is filed under the provisions of the Texas Government Code, Chapter 2254. Texas A&M International University (TAMIU) plans to award a contract for the purpose of developing and implementing a comprehensive job evaluation and compensation plan. The selected firm will be expected to perform the following services: implement a job evaluation system for all positions, develop and implement a pay plan(s) and evaluate all positions. Firms wising to respond to this request should be able to demonstrate the experience and qualifications necessary to produce excellent outcomes in the above areas. Of interest are relevant credentials of project personnel and experience in designing and implementing job evaluation and compensation plans. The instructions which detail information regarding the project are available upon request. The deadline for receipt of the proposals in response to this request will be 4:00 p.m. on July 2, 1997. Proposals received after the specified date and time will not be considered. TAMIU reserves the right to accept or reject any or all proposals submitted. TAMIU is under no legal requirement to execute a resulting contract on the basis of this advertisement. TAMIU intends to use responses as a basis for further negotiations of specific project details. Final selection will be based on cost, demonstrated competence, superior qualifications and evidence of conformance with the consultant proposal request criteria. This consultant proposal request does not commit TAMIU to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates TAMIU to award a contract or to pay any costs incurred in the preparation of a response. TAMIU specifically reserves the right to vary all provisions set forth at any time prior to execution of a contract where it is deemed to be in the best interest of TAMIU. To obtain copies of the consultant proposal request instructions, please submit a written request to Elizabeth N. Martinez, Director of Human Resources, Texas A&M International University, 5201 University Boulevard, Laredo, Texas 78041- 1900, FAX (210) 326-2359. For questions or further information regarding this notice, contact Elizabeth N. Martinez at (210) 326-2365 or at enmartinez@tamiu.edu. Issued in College Station, Texas, on May 20, 1997. TRD-9706768 Vickie Burt Executive Secretary to the Board The Texas A&M University System Filed: May 22, 1997 Texas Worforce Commission Notice of Bidders' Conference The Texas Workforce Commission will host a Bidders' Conference for the School- to-Work Substate Grant application. The conference will be held on June 16, 1997 from 10:30 a.m. to 1:30 p.m. in Room 3.102 at the Joe C. Thompson Conference Center at 26th and Red River Streets at the University of Texas. The State of Texas has been awarded a School-to-Work Opportunities Grant of approximately $61.3 million over a five-year period beginning March 1, 1997. The purpose of the grant is to support development and expansion of a statewide school-to-work system for all students in Texas. The Texas Workforce Commission will administer the federal grant. In Year One, $10.3 million is available of which $7.5 million will flow to local areas through substate grants. Only representatives of Local Workforce Development Boards and School-to-Work Partnerships are eligible to participate. Participants from each workforce area must designate a contact person for their team. A team is a maximum of four persons. To pre-register the team for the conference, the contact person should fax the name, title mailing address, phone number and fax number of each team member to the State School-to-Work Office at 512-463-6689 by June 9, 1997. Copies of the substate grant application will be mailed to team members in advance of the conference. Contact Deron Bissett at 512-936-0370 or Amy Praskac at 512-463-2212 at the School-to-Work Office if you have questions or need the application in an alternate format. After registering for the conference, participants who need special accommodations should contact Joanne Brown at 512-463-6389 at least one week before the conference. Issued in Austin, Texas, on May 27, 1997. TRD-9706918 Esther Hajdar Director of Legal Services Texas Workforce Commission Filed: May 27, 1997 Request for Proposals A. Introduction The Texas Workforce Commission is providing the following information regarding a Request for Proposals for components of the El Paso Re-employment Pilot Project funded under a JTPA PY97 Title III Governor's Discretionary Grant. The Texas Workforce Commission is seeking proposals for the implementation of integrated workplace literacy/vocational skills training, stand-alone workplace literacy and vocational assessment for dislocated workers in El Paso. B. Eligible Proposers Potential bidders are public and private entities, agencies and organizations, post-secondary education institutions to include community and technical colleges and universities, proprietary schools, community-based organizations and employers. Organizations may jointly submit a single bid with multiple components. C. Available Funding The Texas Workforce Commission has allocated $1,000,000 for the training and assessment components of the El Paso Re-employment Pilot Project. D. Funding Restrictions Expenditures will be reimbursed on the basis of performance benchmarks. Up to 15% of the training costs may be used for administrative costs. Expenditures are governed by JTPA financial management regulations. A pre-award audit will be conducted. E. Selection, Notification and Negotiation Process All proposals will be graded on a competitive basis. A Bidders' Conference will be held in El Paso on June 12, 1997. TWC anticipates completing the selection process by August 11, 1997. Proposers will be notified by August 15, 1997. Contract negotiation will be conducted the week of August 18, 1997. Program services are scheduled to begin September 15, 1997. TWC reserves the right to vary any provisions of this RFD prior to the execution of the contract. F. Length of Contracts The contract period is for twelve months-beginning September 1, 1997 through August 31, 1998. G. Agency Contract and Due Date To request a proposal packet, please contact Rebecca Horton at (512) 936-0400 or Fax (512) 936-0331. You may also request a packet by writing to the Dislocated Workers Unit, Workforce Development Commission, 101 East 15th Street, 104T, Austin, Texas 78778-0001. Proposals are due on August 1, 1997 at the same address. Issued in Austin, Texas, on May 28, 1997. TRD-9706960 Esther Hajdar Director of Legal Services Texas Workforce Commission Filed: May 28, 1997