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. Ark-Tex Council of Governments Request for Proposal Notice of Invitation: The Ark-Tex Council of Governments (ATCOG) Area Agency on Aging (AAA) requests proposals for implementation of legal assistance services funded under Title III of the Older Americans Act of 1965, as amended. To request a copy of the RFP with specifications, contact Maratha Hall Smith, AAA Manager: Address: P.O. Box 5307, Texarkana, TX 75505-5307 Phone: 1(903) 832-8636 FAX: 1(903) 832-3441 Closing Date: 5:00 PM, October 31, 1997 ATCOG reserves the right to reject any and all proposals submitted and to accept the proposal that is considered to be in the best interest of people 60 years of age and older in the ATCOG's region and the ATCOG AAA. ATCOG may request additional information as necessary to clarify, explain, and verify any aspect of a proposal. ATCOG shall be the sole judge of the acceptability of any proposal. Issued in Texarkana, Texas, on October 10, 1997. TRD-9713462 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: October 10, 1997 Request for Proposal for Provision of Technical Assistance Training and Materials for Child Care Management Services The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of Technical Assistance Training and Materials for 127 Child Care Providers through a grant provided by the Texas Workforce Commission, Child Care Management Services Program. The types of training to be provided include: Developmentally Appropriate Training for Child Care Providers who care for children ages 0-13 years. The topics for the training are Growth and Development for Infants and Toddlers (0- 35 months), and Language Arts Development for Preschool and School-age (36 months to 13 years). The period of performance is November 3, 1997 - January 5, 1998. Six total hours are required for the training topics (three hours for each). The training will be provided on two separate dates: November 8, 1997 - Infants/Toddlers Growth and Development (Texarkana, Texas) November 15, 1997 - Language Arts Development for Preschool and School-age (Paris, Texas) Potential respondents may obtain a copy of the request for proposal, scoring guidelines, and project scoring criteria by contacting Lea Ann Sims, Child Development Specialist, or Betty Phillips, Program Manager, Child Care Management Services, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is October 31, 1997, at 5:00 p.m. The Ark-Tex Council of Governments Early Childhood Development Resources Committee will score multiple proposals received. Issued in Texarkana, Texas, on October 14, 1997. TRD-9713575 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: October 14, 1997 Office of the Attorney General NOTICE Pursuant to Chapter 552,001 et seq.: The Chief Administrative Officer of the Office of the Attorney General has designated Richard J. Ybarra, Assistant Attorney General, as the recipient of all public information requests which come to the Office of the Attorney General. Requests for public information shall be sent in the following manner: In writing to: 0Richard J. Ybarra, Assistant Attorney General, Office of the Attorney General, P O Box 12548, Austin TX 78711 2548. By facsimile: (512) 494-8017. By electronic mail: richard.ybarra@oag.state.tx.us. Issued in Austin, Texas, on October 15, 1997. TRD-9713632 Suzanne Marshall Assistant Attorney General Office of the Attorney General Filed: October 15, 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 October 7, 1997, through October 14, 1997: FEDERAL AGENCY ACTIONS: Applicant: Rutherford Oil Corporation; Location: Near Bill Hill Bayou, approximately 2.5 miles south of State Highway 73 and 15 miles east of Winnie, Jefferson County, Texas; Project Number: 97-0344-F1; Description of Proposed Action: The applicant proposes to drill a gas well in the Lovan Hamshire Survey, A-510 in Jefferson County. A board pad approximately 300-foot by 200-foot would be constructed in an area along an existing road. A 150-foot by 300-foot reserve pit would be constructed adjacent to the pad. The total area required for the pad and pit would be approximately 2.41 acres, of which 1.29 acres of wetlands would be impacted; Type of Application: U.S.C.O.E. permit application #21108 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: Jefferson County Drainage District Number 6; Location: West of Tyrrell Park Road, south of Phelps Road and north of proposed Brooks Road, in Beaumont, Jefferson County, Texas; Project Number: 97-0345-F1; Description of Proposed Action: The applicant proposes to construct three new drainage ditches from the Tyrrell Park Subdivision to Willow Marsh Bayou. Two ditches, each 1,899 feet in length, would be excavated parallel to each other in upland areas. These two ditches would connect to a third ditch excavated in jurisdictional wetlands. The third ditch would include a 2,340-feet long by 85-feet wide section between the other two ditches. The next section of the third ditch would be 3,300-feet long by 110-feet wide, and would connect to Willow Marsh Bayou; Type of Application: U.S.C.O.E. permit application #21077 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: Port of Houston Authority; Location: On Port of Houston Authority property, approximately .75 miles of North Broadway Street, at Barbours Cut Ship Channel, in LaPorte, Harris County, Texas; Project Number: 97-0347-F1; Description of Proposed Action: The applicant proposes to fill 1.97 acres of wetlands and 1.26 acres of waters of the United States, using 7,805 cubic yards and 2,754 cubic yards, respectively, of material previously stock-piled at the project site. Loose sediments will be mechanically or hydraulically dredged from the pond and placed into Spillman Island Disposal Area.; Type of Application: U.S.C.O.E. permit application 21086 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: John H. Hutchings; Location: Cow Bayou, immediately north of the Gulf Intracoastal Waterway (GIWW), in Brazoria County, Texas; Project Number: 97- 0346-F1; Description of Proposed Action: The applicant proposes to excavate a 20-foot wide drainage way, from an abandoned Cow Bayou road crossing to the GIWW. Approximately 227 cubic yards of material would be excavated from a 204- foot by 20-foot area. The northern 125-foot portion of the proposed excavation area, approximately 0.06 acre, is wetlands. The excavated material would be placed on the existing road; Type of Application: U.S.C.O.E. permit application 21051 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: U.S. Army Corps of Engineers; Location: Navigable waters of the Unites States within the Galveston District; Project Number: 97-0356-F1; Description of Proposed Action: The applicant requests an extension of time for Department of Army General Permit 15800, for work limited to the construction of subaqueous pipeline and cable crossings which do not exceed 500 feet in length; Type of Application: U.S.C.O.E. permit application #15800(03) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: TransTexas Gas Corporation; Location: Galveston and Dickinson Bays, near San Leon, Galveston County, Texas; Project Number: 97-0357-F1; Description of Proposed Action: The applicant proposes to amend the General Permit to include the placement of shell pads under selected drilling locations. This requires the addition of water quality certification to the permit for work to be conducted in State Tracts 331, 332, 352, 353 and 354. The permit authorizes work and the placement of structures for exploration and production of oil and gas; Type of Application: U.S.C.O.E. permit application #20643(02) 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: U.S. Department of the Army; Location: Gulf of Mexico, approximately 0.6 mile north of the northern boundary of Padre Island National Seashore on Padre Island, Kleberg County, Texas; Project Number: 97-0358-F1; Description of Proposed Action: The applicant proposes to construct a new access pier with helicopter landing deck and sled ramp. The pier, including helicopter landing pad and sled ramp, would measure approximately 522 meters in total length; Type of Application: U.S.C.O.E. permit application #21103 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). 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 October 14, 1997. TRD-9713627 Garry Mauro Chairman Coastal Coordination Council Filed: October 15, 1997 Comptroller of Public Accounts Notice of Cancellation and Reissuance of Request for Proposals Notice of Cancellation and Reissuance of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the cancellation of its Request for Proposals (RFP) for a management and performance review of the Port Arthur Independent School District, and the reissuance of the RFP. From the review which is the subject of the RFP as reissued, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The Successful Proposer will be expected to begin performance of the contract on or about December 15, 1997. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G24, Austin, Texas 78774, (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the previously-referenced address on October 24, 1997, between 4:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the previously-referenced address prior to 4:00 p.m. (CZT) on Tuesday, November 4, 1997. Closing Date: Proposals must be received in Legal Counsel's Office no later than 4:00 p.m. (CZT), on November 20, 1997. Proposals received after this time and date will not be considered. Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation, prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Reissuance of RFP - October 24, 1997, 4:00 p.m., CZT; Mandatory Letter of Intent and Questions Due - November 4, 1997, 4:00 p.m. CZT; Proposals Due - November 20, 1997, 4:00 p.m. CZT; Contract Execution - December 8, 1997, or as soon thereafter as practical. Issued in Austin, Texas, on October 15, 1997. TRD-9713651 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: October 15,1997 Notice of Request for Proposals Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to review and evaluate methodologies used in developing the state's property value study, and develop findings and recommendations for improving such methodologies. The successful proposer will be expected to begin performance of the contract on or about November 24, 1997. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the previously referenced address on Friday, October 24, 1997, between the hour of 4:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the above-referenced address no later than 4:00 p.m. (CZT) on Friday, October 31, 1997. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4:00 p.m. (CZT), on Wednesday, November 12, 1997. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation based on the requirements as set forth in the RFP. The Comptroller will make the final decision as to which proposal best satisfies the RFP's criteria. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - October 24, 1997, 4:00 p.m. (CZT); Mandatory Letter of Intent and Questions Due - October 31, 1997, 4:00 p.m. (CZT); Proposals Due - November 12, 1997, 4:00 p.m. (CZT); and Contract Execution - November 19, 1997, or as soon thereafter as possible. Issued in Austin, Texas, on October 15, 1997. TRD-9713652 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: October 15,1997 Prepaid Higher Education Tuition Board Notice of Enrollment Period In accordance with Texas Education Code, sec.54.618, and 34 TAC sec.7.42, Texas Prepaid Higher Education Tuition Board, by and through the Comptroller of Public Accounts, announces that the next enrollment period for purchasing contracts under the Texas Prepaid Higher Education Program will be from October 14, 1997, to April 1, 1998. Issued in Austin, Texas, on October 15, 1997. TRD-9713653 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: October 15,1997 Office of Consumer Credit Commissioner Notice Of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069- 1D.003 and 1D.009, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 10/20/97 - 10/26/97 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 10/20/97 - 10/26/97 is 18% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. Issued in Austin, Texas, on October 15, 1997. TRD-9713634 Leslie J. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: October 15, 1997 Texas Ethics Commission List of Late Filers Listed as follows are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Kristin Newkirk at (512) 463-5800 or (800) 325-8506. Deadline: Monthly Lobby Activity Report, due June 10, 1997 Rell Rice, 2809 Greenlawn Parkway, Austin, TX 78757 Rosalie Weisfeld, 2104 West University, Edinburg, TX 78539 Allen Kaplan, 1908 B Romeria, Austin, TX 78757 Deadline: Monthly Lobby Activity Report, due July 10, 1997 Rell Rice, 2809 Greenlawn Parkway, Austin, TX 78757 Rosalie Weisfeld, 2104 West University, Edinburg, TX 78539 Carvel L. McNeil Jr., 811 North Loop West, Houston, TX 77008 Allen Kaplan, 1908 B Romeria, Austin, TX 78757 Melinda Wheatley, P.O. Box 40519, San Antonio, TX 78229 Issued in Austin, Texas, on October 12, 1997. TRD-9713564 Tom Harrison Executive Director Texas Ethics Commission Filed: October 14, 1997 General Land Office Invitation for Offers of Consulting Services The Texas General Land Office (GLO) is a participant in the development and implementation of a comprehensive tide monitoring and gauging system known as the Texas Coastal Ocean Observation Network (TCOON). Other participants include the National Ocean Service (NOS), Lamar University (Lamar), and the Conrad Blucher Institute (CBI) of Texas A&M University at Corpus Christi (TAMU-CC). The project is funded and administered through a cooperative effort of NOS and the GLO. In previous years, GLO contracted Lamar and TAMU-CC for installation and monitoring of the system and with CBI to obtain professional and technical assistance necessary to review and analyze data received from the operation of the TCOON. Pursuant to Texas Government Code, sec.sec.2254.021 et seq., the GLO is requesting offers of consulting services to assist with the review and analysis of tide and water level data received from the TCOON during the period beginning September 1, 1997, and ending August 31, 1998. The chosen consultant will be responsible for the coordination of all gauge installation, leveling, and operational reporting with the other participants in this project. These activities will be the subject of regular reports to the GLO. The chosen consultant will also be responsible for continuation of the process of automating the data collection, analysis, leveling, station stability monitoring and datum computation that has been initiated earlier by CBI. The requested consultant services will require an understanding of ocean tide gauging systems and the ability to continue the assistance previously provided by CBI under the provisions of the GLO - CBI interagency cooperative agreement. GLO previously contracted with Carroll Thurlow for these services. It is the GLO's intent to award this contract to Mr. Thurlow, who is familiar with TCOON and the earlier phases of the project, in order to obtain maximum benefit of the prior work unless a substantially better proposal is received. The closing date for the receipt of offers of these consulting services is 5:00 p.m., November 24, 1997. Further information may be obtained by contacting LaNell Aston, GLO Asset Management Division, at 1700 North Congress Avenue, Room 720, Austin, Texas, 78701-1495, phone (512) 475-1375. The consultant selected must demonstrate extensive knowledge of the Texas Coastal Ocean Observation Network and have knowledge and experience working with other federal and state agencies. GLO reserves the right to evaluate qualifications and experience of all responders, to reject any and/or all responses and to negotiate specific terms of agreement that are in the best interest of the agency and the State. Issued in Austin, Texas, on October 15, 1997. TRD-9713670 Garry Mauro Commissioner General Land Office Filed: October 15,1997 General Services Commission Request for Comments on Proposed Language for Technology Access Clause Pursuant to section SB 1752 (75th Legislature, Regular Session), the General Services Commission and the Department of Information Resources, in consultation with other state agencies, must develop a Technology Access Clause, not later than January 1, 1998, to be included in all contracts entered into by the State of Texas or State Agencies. Therefore, the General Services Commission (the "Commission") and the Department of Information Resources (the "Department") invites comments and suggestions to the following draft of the "Technology Access Clause": PURPOSE: SB 1752 requires that the Technology Access Clause provide that as a condition of spending state funds in purchasing an automated information system, the technology must: (1) provide equivalent access for effective use by both visual and nonvisual means; (2) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and (3) can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. SB 1752 applies to all contracts made by state agencies that involve the purchase of an automated information system, without regard to: (1) the source of funds used to make the purchase; (2) whether the purchase is made under delegated purchasing authority; or (3) whether the purchase is made under the authority of the Texas Government Code, Title 10, Subtitle D, Chapter 2157, Subchapter A, as amended by SB 1752 or other law. DRAFTED PROPOSED LANGUAGE TECHNOLOGY ACCESS CLAUSE: The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to (name of State Agency) that the automated information systems provided to (name of State Agency) for purchase or lease through the catalogue purchase method authorized in the Texas Government Code, Title 10, Subtitle D, Chapter 2157, Subchapter B: (1) will provide equivalent access for effective use by both visual and nonvisual means; (2) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; and (3) can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. PROCESS: The Commission and the Department seek public comments to this proposed language. The Commission and the Department will review comment, suggestions and clarifications and make appropriate revisions, if necessary. Upon final action, the Commission and Department will send the final version to all state agencies for their action to include the proposed language in appropriate contracts. RESPONSES: Any comments or suggestions to the proposed language must be submitted in writing. Submission of comments or suggestions by electronic mail is preferred. Deadline for submitting comments or suggestions is Monday, November 24, 1997. Send comments and suggestions to the following email address: Stephen.Knippa@gsc.state.tx.us Contact: Mr. Stephen Knippa, Central Procurement Services Division, General Services Commission, P.O. Box 13047, Austin, Texas 78711, Phone: (512) 463-3420; Fax: (512) 463-8872. Issued in Austin, Texas, on October 13, 1997. TRD-9713561 Judy Ponder General Counsel General Services Commission Filed: October 14, 1997 Designation Of A Site Serving Medically Underserved Populations The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: Clinica de Ninos y Familiar, located at 6069 Bissonnet at Rampart, Houston, Texas 77081. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Dora A. McDonald, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458- 7261. Comments will be accepted for 30 days from the publication date of this notice. Issued in Austin, Texas, on October 9, 1997. TRD-9713476 Susan K. Steeg General Counsel Texas Department of Health Filed: October 10, 1997 Notice of Emergency Cease and Desist Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Dolly Vincent Memorial Hospital (registrant M-00617) of San Benito to cease and desist performing mammographic examinations until the registrant has obtained a current certification of mammography systems that approves the performance of mammography procedures. The bureau determined that unauthorized performance of mammography examinations may subject patients to unnecessary radiation exposure, which constitutes an immediate threat to public health and safety, and the existence of an emergency. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on October 14, 1997. TRD-9713570 Susan K. Steeg General Counsel Texas Department of Health Filed: October 14, 1997 Notice of Request for Proposals for the Breast Cancer Rescreening Survey PURPOSE: The Texas Department of Health (department) is requesting proposals for one survey administrator in Texas to conduct a breast cancer rescreening survey of the Breast and Cervical Cancer Control Program (program) population. The purpose of the survey is to identify factorsinfluencing breast cancer rescreening among low income women age 50 or older. The telephone survey will assess the following topics: health behaviors related to the frequency of mammography, clinical breast examinations and breast self-examinations; beliefs, knowledge, and attitudes about breast and cervical cancer; health service use; insurance coverage; usual sources of care; and satisfaction and barriers to care. Project proposals will be reviewed and awarded on a competitive basis. ELIGIBLE APPLICANTS: This request for proposals invites applications from governmental, public or private nonprofit entities located within the state of Texas. Individuals are not eligible to apply. Applicants must have experience and expertise in conducting telephone surveys in both English and Spanish. Applicants must agree to ensure the confidentiality of the women interviewed. ASSESSMENT OF RESCREENING: The program will provide a random sample of women who have been screened for breast cancer two or more times through this program, as well as a random sample of women who have not returned for subsequent breast cancer screenings. The applicant in conjunction with the program will develop the survey instrument. The applicant will be responsible for translation of the instrument into Spanish, and the program will review the translation. The applicant will pilot test this instrument and make modifications with the program's approval. The applicant must complete 700 interviews among each random sample, for a total of 1400 completed interviews. Documentation of training provided to telephone interviewers will be submitted to the program. The successful applicant must also coordinate with health care providers across the state to verify at least 10% of sources of subsequent breast cancer screening other than this program. The applicant will provide an electronic data record for each woman interviewed. Reports must be submitted to monitor progress on a regular basis. The survey should be completed by April 1, 1998. The applicant will submit a complete report summarizing the project results by June 30, 1998. PROPOSAL GUIDELINES: Interested applicants must submit proposals with the following information: a description of the method to be used to assure a high response rate; a description of the qualifications and experience of the survey team members; a description of experience surveying diverse populations, particularly surveys conducted in Spanish; a description of quality control procedures for the survey administration and for entering and editing data collected; a work schedule of the activities with milestones; a budget 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 program staff and external reviewers will evaluate proposals and make recommendations to the Breast and Cervical Cancer Control Program which will select one proposal for funding. Evaluation and funding will be based upon the following criteria (weighted values in parentheses): evidence of the applicant's knowledge and experience in conducting surveys (20%); evidence of quality control procedures for the survey process and the entering and editing of the data collected (20%); evidence of ability and capacity to provide a survey with valid data and a high response rate (20%); the submission of a realistic work plan and time line (20%); and the submission of a budget that is appropriate for the scope and quality needed for the successful completion of the survey (20%). If none of the applicants satisfactorily meets the criteria, the department reserves the right to refrain from making a selection. 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. The department will award one contract to begin on or before January 1, 1998. The award of a contract is contingent upon the availability of funds and contract approval from the Centers for Disease Control and Prevention. DEADLINE: Agencies interested in submitting a proposal should request a copy of the request for proposal from Margaret Mendez, Director at (512) 458-7644. The original and six copies of the application(s) must be received by Margaret Mendez, Breast and Cervical Cancer Control Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, by 5:00 p.m. C.S.T., December 1, 1997. No facsimiles will be accepted. Proposals received after the deadline or incomplete proposals will not be evaluated. Issued in Austin, Texas, on October 10, 1997. TRD-9713487 Susan K. Steeg General Counsel Texas Department of Health Filed: October 10, 1997 Notice of Request for Proposals for Shots Across Texas/African American Immunization Grassroots Coalition Development Purpose. The Texas Department of Health (department) Immunization Division announces the expected availability of fiscal year (FY) 1998 Immunization Cooperative Agreement federal funds and requests proposals to maintain, establish and develop grass roots local immunization coalitions to promote and ensure the timely and appropriate immunization of children two years and younger. Availability of Funds. Funds provided by this request for proposals (RFP) will be utilized in accordance with the Immunization Cooperative Agreement. Approximately $200,000 is expected to be available to fund up to 13 awards. Each award will be for a maximum of $25,000. Description. Based on the compelling need to ensure that children two years and younger in Texas are fully immunized, local communities should develop local projects that meet local needs and ensure the sustainability and maintenance of the momentum beyond the availability of funds. The objectives are (1) to persuade parents to start immunizations on a timely basis and check with their providers about their infants' immunization status; and (2) to persuade providers to check the immunization records of every child they treat and use every opportunity to bring children up to date. Doing so will improve the overall health status of both individual communities and the Texas community at large. Cooperation and collaboration in the utilization of community resources are absolutely necessary. Projects, are intended to create synergy that will mobilize the community to ensure permanently the full immunization of all children. Eligibility. Eligible applicants are non-profit agencies/organizations. Individuals are not eligible to apply. Eligible applicants for this fund are coalitions comprised of governmental, public, private, and not-for-profit entities dedicated to working cooperatively and collaboratively to increase the immunization rate of Texas children. At lease one 501(c)(3) organization must be a member of the coalition. A coalition is not required to be or become a legally incorporated organization in order to receive funding. As an alternative, a lead agency which is incorporated can be designated to accept funds on behalf of the coalition members. If the organization managing the funds is a not-for-profit, the organization must attach a copy of the organization's 501(c)(3) tax exempt status letter from the Internal Revenue Service, along with a list of the organization's Board of Directors, their addresses and occupations. Projects must be submitted by coalitions working on the local or regional level of the state. A coalition is an association of two or more agencies or organizations (although this does not imply a contractual relationship) committed to working together in a cooperative and collaborative effort toward agreed-upon objectives. Public/private partnerships (such as local/regional health departments working with community/based organizations), and coalitions with strong minority-group involvement and/or strong target audience representation, will be given preference in the competitive process. Project proposals should be culturally competent and linguistically specific. The purpose of this requirement is to ensure a well-balanced and regionally diversified spectrum of local immunization efforts. Individuals are not eligible to apply. Limitations. Funding for the selected proposals will depend upon available federal appropriations. The department reserves the right to reject any and all applications received in response to the RFP and cancel the RFP if it is deemed in the best interest of the department. Authority. This project is authorized under sec.317 of the Public Health Service Act (42 U.S.C. 247b), as amended. Regulations governing the implementation of this legislation are covered under 42 CFR Part 51b, Subparts A and B. Funding Criteria. The department will make awards based upon an equitable distribution of funds throughout the state and competitive scores of the applications. The following criteria will be used to evaluate the applications: geographic funding allocation, compliance with application instructions; evidence of cooperative and collaborative efforts (public/private groups); evidence of community support (letters, matching funds, in-kind support, etc.); statement of the coalition's purpose/goals; clear description of proposed activities to be funded; reasonableness of budget; evidence that the coalition is not building a new and separate system, but is enhancing the capacity of the existing healthcare network; and sustainability of the coalition. Funds may not be used for: purchase of vaccines (available from the department); indirect costs; out-of-state travel, purchase of equipment; loans to individuals; and fund raising events, including the cost of food, beverages, and entertainment. Obtaining RFP Information: Shots Across Texas/Immunization Grassroots Coalition Development RFP packets may be requested from Ms. Charlotte Horn at the Texas Department of Health, Immunization Division, T-310, 1100 West 49th Street, Austin, Texas 78756, or by telephone at (512) 458-7284 or 1-800-252-9152. Deadlines. All proposals to be considered for funding through this RFP must be received by 5:00 p.m. on December 1, 1997, at the Texas Department of Health, Immunization Division, T-310, 1100 West 49th Street, Austin, Texas 78756 (Attention: Jan Warfield). Proposals received after this deadline or via fax transmission will not be accepted. Evaluation and Selection. An evaluation selection panel composed of community representatives and internal representatives designated by the department will rank and score the proposals. The evaluation will be based upon the criteria outlined in the RFP. Issued in Austin, Texas, on October 14, 1997. TRD-9713614 Susan K. Steeg General Counsel Texas Department of Health Filed: October 14, 1997 Notice of Request for Proposals for Maternal and Child Health Services for Falls, Freestone, and Coryell Counties in Texas Department of Health Public Health Region 7 The Texas Department of Health (department), Bureau of Clinical and Nutrition Services, is accepting proposals for the provision of maternal and child health services for Falls, Freestone, and Coryell Counties. Services include prenatal, family planning, preventive child health care, and case management. Notification of awards will be determined by November 18, 1997. Contracts which may be awarded as a result of this process will have a start date of December 1, 1997, through August 31, 1998. If none of the applicants satisfactorily meet the criteria, the department reserves the right to refrain from making a selection. The department also 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. Individuals or agencies interested in submitting a proposal should request the RFP package from Sherril Miller, Title V Coordinator, Telephone (512) 458-7444, ext. 2016. The original and one copy of the proposal must be postmarked by 5:00 p.m. CST on November 5, 1997, to the Texas Department of Health, Room M370, 1100 West 49th Street, Austin, Texas 78756. Proposals postmarked after the deadline or incomplete proposals will not be evaluated. Issued in Austin, Texas, on October 14, 1997. TRD-9713615 Susan K. Steeg General Counsel Texas Department of Health Filed: October 14, 1997 Notice of Rescission of Order Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health, rescinded the following order: Emergency Cease and Desist Order issued July 21, 1997, to EFEH and Associates, 10919 Sagewind, Houston, Texas, 77089, holder of Radioactive Material License Number L03568. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on October 14, 1997. TRD-9713601 Susan K. Steeg General Counsel Texas Department of Health Filed: October 14, 1997 Texas Department of Housing and Community Affairs Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Greater Houston Housing Project) Series 1997 Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs ("the Department") at 507 Sabine Street, Room 437, Austin, Texas at 12:00 p.m. on Friday, November 14, 1997, with respect to the issuance by the Texas Department of Housing and Community Affairs of its multifamily housing revenue bonds (Greater Houston Housing Project) Series 1997, in one or more series in an aggregate amount not to exceed $10,000,000. The proceeds of the Bonds will be loaned to the Non-Profit Housing Corporation of Greater Houston, which will be the initial owner, operator and manager of the project, to finance the acquisition, construction and equipping of three multifamily residential rental projects, described as follows: (1) 100-unit multifamily residential rental development to be constructed at the southwest corner of Barfield Road and Red River Avenue, Wharton, Texas, 77488; (2) 100-unit multifamily residential rental development to be constructed at 727 west Street, Sealy, Texas 77474; (3) 100-Unit mulitfamily residential rental development to be constructed at the west corner of State Highway 36 and North Baron Street, Bellville, Texas 77418 All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Brent Stewart at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213. Persons who intend to appear at the hearing and express their views are invited to contact Brent Stewart in writing in advance of the hearing. Any interested persons unable to attend the hearing my submit their views in writing to Brent Stewart prior to the date scheduled for the hearing. This notice is published and the previously-described hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest of the Bonds. Individuals who require auxiliary aids in order to attend this meeting should contact Margaret Donaldson, ADA Responsible Employee, at (512) 475-3100 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made. Individuals who require child care to be provided a this meeting should contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting so that appropriate arrangements can be made. Issued in Austin, Texas, on October 15, 1997. TRD-9713663 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: October 15, 1997 Texas Department of Human Services Closed Solicitation for Jim Hogg County Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is closing the solicitation for new Medicaid beds in Jim Hogg County, County Number 124, which appeared in the July 12, 1996, issue of the Texas Register (21 TxReg 6540). The solicitation is being closed effective the date of this public notice. Issued in Austin, Texas, on October 15, 1997. TRD-9713628 Glen Scott General Counsel, Legal Services Texas Department of Human Services Filed: October 15, 1997 (Editor's note: The following document was published under the wrong title in the October 17, 1997, issue of the Texas Register (22 TexReg 10452). We are republishing it under the correct title for clarification.) Notice of Negotiated Rulemaking The Texas Department of Human Services intends to engage in negotiated rulemaking for the purpose of (1) reviewing and possibly revising its current nursing facility Medicaid bed moratorium rules now found at 40 Texas Administrative Code sec.9.2322 et seq. and (2) drafting a new rule for reallocating unused nursing facility beds. The legislative impetus for this effort is the passage of Senate Bill 190 during the recent legislative session which amended the Human Resources Code to add sec.32.0213. This new section requires the department to promulgate rules (1) to control the number of Medicaid beds in nursing facilities; (2) to decertify unused beds; and (3) to reallocate those beds to other Medicaid-certified facilities. A moratorium on new Medicaid bed capacity has been in place since September 1, 1995. The department believes that the passage of the provision cited above that calls for the development of a procedure for decertifying unused beds and allocating them to other facilities offers an opportunity to review the current moratorium rules which prohibit the department from contracting for new beds unless a county has had a Medicaid bed occupancy rate in excess of 90% for six consecutive months. The rules establish a procedure for opening a county to an increased number of contracted beds and deal with such issues as the effect of facility decertification and other Medicaid and licensing sanctions. The rules also provide for exceptions to the moratorium under a narrow range of circumstances. Provisions for the decertification and reallocation of unused beds may influence other parts of the structure as well as affect a variety of interests that are involved in the ownership, leasing, and management of nursing facilities. Another factor that will be considered in the development of such a rule is the manner in which it may promote competition and quality in nursing facility care. Accordingly, the department has invited a variety of industry, advocacy, and agency groups to participate in the process. The agency will appoint the individuals named from the following groups: Texas Health Care Association, Don King or his representative; Texas Association of Homes and Services for the Aging, Sandy Derrow or her representative; Texas Advocates for Nursing Home Residents, Beth Ferris; Advocates for Nursing Home Reform; Marie B. Wisdom; American Association of Retired Persons, Candice Carter; Arboretum Group, Mike Burris; Texas Department of Human Services, Anthony Venza or his representative; Health & Human Services Commission, Dr. Michael McKinney or his representative; Texas Hospital Association, Joe DaSilva or his representative; Texas Department on Aging; John Willis. The department welcomes comments on this proposal to engage in negotiated rulemaking and the membership of this committee. Although participation is limited to stakeholders, all committee meetings will be open to the public and held in the headquarters of the Texas Department of Human Services: The Winters Complex, 701 West 51st Street, Austin, Texas. The first meeting will be held on October 31, 1997; it will begin at 9:30 a.m. in Room 5W. If you would like to comment on this proposal, suggest a new stakeholder or would like to be notified of the dates and times of subsequent meetings, please contact Paul Leche, Deputy General Counsel; Texas Department of Human Services; P.O. Box 149030, Mail Code W-615; Austin, Texas 78714-9030; phone (512) 438- 3106. Due to the short time frame in which this process will be conducted, you should promptly contact him by telephone. Issued in Austin, Texas, on October 7, 1997. TRD-9713362 Glenn Scott Agency Liaison Texas Department of Human Services Filed: October 7, 1997 (Editor's note: The following document was published under the wrong title in the October 17, 1997, issue of the Texas Register (22 TexReg 10452). We are republishing it under the correct title for clarification.) Request for Information - Supplemental Security Income (SSI) Outreach Project House Bill 1863, Section 6.01 of the 74th Regular Session of the Texas Legislature required the Texas Health and Human Services Commission (HHSC) to identify and help appropriate Temporary Assistance for Needy Families (TANF) recipients establish eligibility for federal Supplemental Security Income (SSI) or Retirement, Survivors and Disability Insurance (RSDI) benefits. The commission delegated this responsibility to the Texas Department of Human Services (TDHS). These benefits are issued by the Social Security Administration (SSA). Description: TDHS is interested in obtaining information regarding the most efficient and effective process to assist AFDC recipients who are potentially eligible for federal assistance to apply for benefits under those programs. It is the intent of TDHS to utilize a contractor to provide the required services, including but not limited to, gathering medical records and providing legal support during the application and appeal processes. Historically Underutilized Businesses (HUBs) are encouraged to respond. TDHS will provide a list of potential clients in the initial target groups. General Questions: (1) What is your knowledge of the SSI Program and related criteria? (2) What is your experience in guiding clients through the SSI application and appeal process? Contractor Requirements: (1) TDHS is planning to require appropriate professional liability insurance or bonding coverage for any contractor participating in this program. (2) Do you have any other suggestions regarding minimum qualifications to participate in this project? Services: (1) Please describe how and to what extent you would perform the following services: assist with initial application; gather medical records; provide legal support during appeal; represent client at hearings. (2) How would you report your activities? What method of data exchange with TDHS would you prefer? (3) TDHS would prefer to enter into a contract with a broker who would provide services statewide. Would you assure statewide services? How would services be provided in rural or outlying areas of the state? (4) Are there other related services that your company would consider appropriate (i.e., training of TDHS staff, marketing of services)? (5) Are there any of the services listed that you would not consider appropriate? Caseload (1) What caseload would contractor anticipate? There are approximately 25,000 in initial target group. (2) What is the minimum number of cases you would expect to process? (3) What is the maximum number of cases your company will handle? Invoicing and Payment (1) What method or basis of payment should be used to calculate payment for the services provided? (2) For the payment method you propose, what is the number of cases that would interest you in order to submit a bid for a service contract? (3) What would be the minimum caseload which you consider to be profitable? (4) How often would you expect to receive payment? (5) What contract timeframe (length of contract) would be preferred? Responses to this RFI must be submitted to: Mary Strubbe, Project Manager; Texas Department of Human Services; P. O. Box 149030 (MC W-323); Austin, Texas 78714- 9030; (512) 438-3082; fax (512) 438-3735. All responses to this RFI must be received by TDHS at the above address no later than 3:00 p.m., Monday, November 10, 1997. TDHS Qualifications: TDHS does not guarantee that a Request for Proposal (RFP) or any other solicitation will be issued as a result of this RFI. TDHS will not guarantee number of cases. TDHS cannot ensure a certain number of cases or any minimum payment. TDHS will not guarantee that any client is qualified for SSI. TDHS reserves the right to establish or change any criteria or qualification implied in this document. Issued in Austin, Texas, on October 7, 1997. TRD-9713363 Glenn Scott Agency Liaison Texas Department of Human Services Filed: October 7, 1997 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for a name change in Texas for Great Lakes American Reinsurance Company, New York, New York, a foreign fire and casualty company. The proposed new name is Folksamerica General Insurance Company. The home office is in New York, New York. Application for name change in Texas for National Chiropractic Mutual Insurance Company, West Des Moines, Iowa, a foreign fire and casualty company. The proposed new name is NCMIC Insurance Company. The home office is in West Des Moines, Iowa. Application for name change in Texas for Fidelity Standard Life Insurance Company, Stamford, Connecticut, a foreign life insurance company. The proposed new name is Sage Life Assurance of America, Inc. The home office is in Stamford, Connecticut. Application for name change in Texas for Security Reinsurance Company, Farmington, Connecticut, a foreign fire and casualty company. The proposed new name is Orion Insurance Company. The home office is in Farmington, Connecticut. Application for name change in Texas for Western Bankers Life Insurance Company, assumed name in Texas for Bankers Life Insurance Company, St. Petersburg, Florida, a foreign life insurance company. The company is dropping the assumed name in Texas. The home office is in St. Petersburg, Florida. Application for name reservation in Texas for name change by Dorsey Dental Plans of America, Inc., Bellaire, Texas, a domestic health maintenance organization. The proposed new name is Affordable Dental Plans, Inc. The home office is in Bellaire, Texas. Application for incorporation in Texas for FirsTier Insurance Company, Tyler, Texas, a domestic fire and casualty insurance company. The home office is in Tyler, Texas. Application for name change in Texas for Pacific Rim Assurance Company, Calabasas, California, a foreign fire and casualty insurance company. The proposed new name is Superior Pacific Casualty Company. The home office is in Calabasas, California. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on October 14, 1997. TRD-9713590 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 14, 1997 Notice THE STAFF OF THE TEXAS DEPARTMENT OF INSURANCE HAS WITHDRAWN ITS PETITION FILED UNDER REF. NUMBER A-0997-28-I, DOCKET NUMBER 2306, AND THE HEARING THAT WAS SCHEDULED FOR NOVEMBER 3, 1997, HAS BEEN CANCELLED. THIS PROPOSAL WAS FOR A NEW RULE 17 FOR THE TEXAS AUTOMOBILE RULES AND RATING MANUAL (THE MANUAL), REGARDING A NOTICE TO CLAIMANTS ABOUT REPAIRS. STAFF WILL SEEK ADOPTION OF AN AMENDMENT TO THE TEXAS ADMINISTRATIVE CODE ON THE SUBJECT INSTEAD OF A NEW RULE 17 FOR THE MANUAL. NOTICE OF THE PROPOSAL WAS PUBLISHED IN THE SEPTEMBER 26, 1997, ISSUE OF THE TEXAS REGISTER (22 TexReg 8863). Issued in Austin, Texas, on October 14, 1997. TRD-9713620 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 14, 1997 Notices The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Horace Mann Insurance Company proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, sec.3(g). They are proposing rates ranging from 32% to 55% above the benchmark for by coverage (except uninsured motorists; towing and labor; and rental reimbursement) and territory for all classifications for private passenger automobile insurance. 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 Article 5.101, sec.3(h), is made with the Chief Actuary, P&C, Philip Presley, 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 October 9, 1997. TRD-9713429 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 9, 1997 The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Allegiance Insurance Company proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, sec.3(g). They are proposing a rate of 62.5% above the benchmark for all coverages (except towing and labor and rental reimbursement) for private passenger automobile insurance. 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 Article 5.101, sec.3(h), is made with the Chief Actuary, P&C, Philip Presley, 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 October 9, 1997. TRD-9713430 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 9, 1997 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2312 on December 3, 1997, at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing numerous changes to the Homeowners and Dwelling sections of the Texas Personal Lines Manual (Manual) to implement the use of Public Protection Classifications (PPC) under the Fire Suppression Rating Schedule and to implement other necessary changes to the form and rating rules and rating tables and premium charts in these two sections. The petition also requests adoption of amendments to the declarations pages of Texas Homeowners Policy forms and Texas Dwelling Policy forms to implement the use of Public Protection Classifications under the Fire Suppression Rating Schedule. The petition requests consideration and adoption of: (1) in the Homeowners Section of the Texas Personal Lines Manual: (a) new rating rules, amendments to rating rules, and repeal of rating rules in Subsection VI to implement the use of Public Protection Classifications under the Fire Suppression Rating Schedule, in lieu of key rates, as a rating component in determining premiums for coverage under Texas Homeowners Policy forms; (b) new rate tables and premium charts, amendments to current rate tables and premium charts, and the repeal of current rate tables and premium charts to implement the use of Public Protection Classifications under the Fire Suppression Rating Schedule, in lieu of key rates, as a rating component in determining premiums for coverage under Texas Homeowners Policy forms; (c) changes to form and rating rules unrelated to implementation of the PPC system, including (i) repeal of Rule III-C, Minimum Coverage; (ii) amendment of Rule IV-A-14-h, Windstorm, Hurricane, and Hail Exclusion Endorsement and of the related Rating Examples; (iii) amendment of form rules to move applicable premium charges currently in the rules to new premium charts in the Rate Tables and Premium Charts subsection and to reference these charts in the rules, including Rule IV-A-12, Personal Computer Coverage; Rule IV-A-18, Unit Owners Outbuildings and Other Structures Coverage Endorsement HO-180; Rule IV-C-1, Townhouse Loss Assessment Coverage; Rule IV-C-3, Condominium Loss Assessment Coverage; and Rule IV-C-4, Neighborhood Homeowners Loss Assessment Coverage Endorsement HO-315; (iv) amendment of Rule VI-F, Specifically Rated Risks, to include the rating factors for fire resistive and semi-fire resistive and sprinklered risks currently in Premium Chart Number 4 - Texas Tenants Forms HOB-T and HOC-T or Condominium Forms HO-CON-B and HO-CON-C which is proposed to be repealed; and (v) amendment of Rule VI-M-1, Premium Computation, relating to renewal policies; (d) changes to rate tables and premium charts unrelated to implementation of the PPC system, including: (i) amendments to specify premiums in dollars and cents in lieu of premiums rounded to the nearest dollar; and (ii) amendment of rating tables to reflect the fact that there is no longer a property minimum premium rule; and (iii) new premium charts that have been moved from rules in Subsection IV, Optional Additional Coverages and Endorsements; (2) in the Dwelling Section of the Texas Personal Lines Manual: (a) new rating rules, amendments to rating rules, and repeal of rating rules in Subsection VI to implement the use of Public Protection Classifications under the Fire Suppression Rating Schedule, in lieu of key rates, as a rating component in determining premiums for coverage under Texas Dwelling Policy forms; (b) new rate tables and premium charts, amendments to current rate tables and premium charts, and the repeal of current rate tables and premium charts to implement the use of Public Protection Classifications under the Fire Suppression Rating Schedule, in lieu of key rates, as a rating component in determining premiums for Texas Dwelling Policy forms; (c) changes to form and rating rules unrelated to implementation of the PPC system, including (i) repeal of Rule III-C, Minimum Coverage; (ii) amendment of Rule VI-C-2-a, Additional Premium Modifications, Tenant Occupancy Charge, to move the premium chart currently in the rule to the Rate Tables and Premium Charts subsection and to reference the chart in the rule; (iii) amendment of Rule VI-H-1-a on Premium Computation, relating to renewal policies and amendment of the rating example to provide for the flex calculation after the deductible calculation; and (iv) amendment of Rule VI-I, Interpolation of Premium; (d) changes to rate tables and premium charts unrelated to implementation of the PPC system, including: (I) amendments to specify premiums in dollars and cents in lieu of premiums rounded to the nearest dollar; (ii) amendment of rating tables to reflect the fact that there is no longer a property minimum premium rule; (iii) new premium chart that has been moved from Rule VI-C-2-a, Additional Premium Modifications, Tenant Occupancy Charge, to the Rate Tables and Premium Charts subsection; (iv) amendment of the instructions in the Deductible Adjustment Percentage Schedule; (v) rearrangement of rating tables. (3) non-substantive editorial changes in both the Homeowners and Dwelling Sections of the Texas Personal Lines Manual, including (a) updating of references, including change of former State Board of Insurance to the Texas Department of Insurance, change of Texas Catastrophe Property Insurance Association to Texas Windstorm Insurance Association, and correction of references to the Farm and Ranch and Farm and Ranch Owners Manual; (b) formatting, organizational, wording, and editorial changes for purposes of consistency and readability; and correction of misspelled words. (4) amendments to the declarations pages of Texas Homeowners Policy forms and Texas Dwelling Policy forms to implement the use of Public Protection Classifications. In addition, some tables and charts in both the Homeowners Section and Dwelling Section have been changed based on the adoption of new rating methodology and new rates and factors adopted under Commissioner's Order Number 97-0840 (August 21, 1997) which adopted benchmark rates for residential property, homeowners, tenants, dwelling fire, extended coverage, additional extended coverage and physical loss form effective February 1, 1998. No changes are proposed to the Farm and Ranch and Farm and Ranch Owners Sections of the Texas Personal Lines Manual. Pursuant to S.B. 1499 enacted by the 75th Legislature (Acts 1997, 75th Legislature, p. 5030, chapter 1330, sec.1, effective September 1, 1997) farm and ranch and farm and ranch owners insurance is no longer regulated as a personal lines coverage but rather is regulated as commercial property insurance under Article 5.13-2 of the Insurance Code. However, the farm and ranch and farm and ranch owners form and rating rules and tables shall continue to be used by insurers who write such coverage under the Property Protection Program for designated underserved areas pursuant to Article 5.35-3 of the Insurance Code, and therefore the Farm and Ranch and Farm and Ranch Owners Sections are retained in the Texas Personal Lines Manual without change. PPC System. The petition requests consideration and adoption of several changes to the Homeowners and Dwelling sections of the Texas Personal Lines Manual (Manual) that are necessary to implement the use of Public Protection Classifications (PPCs) under the Fire Suppression Rating Schedule, in lieu of key rates, as a rating component in determining premiums to be charged for residential property insurance in Texas. Subsection VI of the Homeowners Section and Subsection VI of the Dwelling Section contain rating rules for determining the applicable premium to be charged for the various residential property insurance policies in Texas issued on the various Texas Homeowners Policy Forms and Texas Dwelling Policy Forms. The current rules include the use of a "key rate" component which is based on the available public fire protection afforded to individual risks. Pursuant to Commissioner's Order Number 96-1377 (November 25, 1996), the Commissioner adopted a new rating schedule that no longer uses key rates as a rating component for determining residential property insurance premiums. Under the new system, the Fire Suppression Rating Schedule will be used to determine the PPCs for cities, towns, and unincorporated areas based on the fire protection afforded to the individual city, town, or unincorporated area. The premium for an individual risk will be developed in accordance with the proposed new rating rules by using the applicable PPC of the city, town, or unincorporated area in which the risk is located in lieu of the key rate of the city or town. The proposal includes (i) amendments to rating rules, rate tables and premium charts; (ii) new rating rules, rate tables and premium charts; and (iii) repeal of rating rules, rate tables and premium charts. Homeowners Section Rating Rules. The petition requests the repeal of four rating rules in Subsection VI of the Homeowners Section of the Manual that are based on key rating and adoption of four new rules based on the PPC system to replace these repealed rules. The rules proposed for repeal are (i) Rule VI-A-2, Rating Classifications relating to Protection Classifications which provides for the key rating of protected and unprotected areas; (ii) Rule VI-A-3, Determination of Key Rate, which specifies separate procedures for determining key rates for residential risks located in Class A protected areas, in Class B unprotected areas, in Class A unprotected fringe areas, and `in rural fire prevention districts or metropolitan county fire protection districts; (iii) Rule VI-B, Determination of Basic Premium, which provides procedures for determining the basic premium for Texas Homeowners HO-A, HO-B, and HO-C policy forms and Tenant Homeowners and Condominium forms using key rates and territorial multipliers; and (iv) Rule VI-J, Change in Premium, which provides procedures for computation of premium adjustment for change in hazard and includes use of key rates. The proposed new rules are (i) Rule VI-A-2, Public Protection Classification Codes which specifies the code for each protection class; (ii) Rule VI-A-3, Determination of Public Protection Class, which is necessary because the PPC system does not recognize protected and unprotected areas and does not provide any means to recognize certain unprotected areas which currently are allowed to fringe rate to a protected first key town; the proposed rule provides that the Public Protection Classes approved by the Texas Department of Insurance and listed in the Public Protection Class Manual apply to risks insured under Texas Residential Property Programs and provides methodology for determining the classification code in a municipality or classified area where two or more approved classifications are shown; (iii) Rule VI-B, Determination of Basic Premium, which is necessary to specify new procedures for determining the basic premium for Texas Homeowners Policy forms and Texas Tenant Homeowners and Condominium Policy forms which include use of the applicable protection class and elimination of the use of the territorial multiplier; the proposed rule includes rating examples; and (iv) Rule VI-J, Change in Hazard, which specifies new rating methodology using PPCs for a change in hazard during the policy period under a homeowners policy. Amendments are proposed to four rules in Subsection VI of the Homeowners Section to remove provisions based on the key rate system and to substitute or add provisions necessary to implement the new PPC system. These rules are: (i) Rule VI-C-1-a-(7)(b), Optional Homeowners Credits for Water Supply Points (Dry Hydrants); (ii) Rule VI-D, Interpolation, relating to determining premiums for any limit of liability in excess of the minimum policy amount not shown in the Amount of Insurance Factor Table, including a new example; (iii) Rule VI-I, Additional Amounts or Coverages, including an amended procedure to determine additional premium for an increase in Coverage A (Dwelling) to implement the PPC system; and (iv) Rule VI-M, Rate and Premium Computation Rule, including a new example illustrating revised premium computation procedure. Homeowners Section Rate Tables and Premium Charts. The proposal includes the repeal of the table on 1996 Homeowners Territorial Multipliers, Premium Chart Number 1 - Texas Homeowners Form A, Premium Chart Number 2 - Texas Homeowners Form B, and Premium Chart Number 3 - Texas Homeowners Form C and the replacement of these charts with three new tables: (i) Homeowners Table A, which specifies annual base premiums for deductibles Number 1 and 2 at 1% of Coverage A for the Form HOA, Form HOB, and Form HOC by territory; (ii) Tenant Homeowners - Table B which specifies protection/construction factors by type of construction and by Public Protection Class; and (iii) Tenant Homeowners - Table C, amount of insurance factor table. These new tables are based on new rating methodology and new rates and factors adopted under Commissioner's Order Number 97-0840 (August 21, 1997), which adopted benchmark rates for residential property, homeowners, tenants, dwelling fire, extended coverage, additional extended coverage and physical loss form. Also included are two new tables adopted under Commissioner's Order Number 97-0840: Homeowners - Table D-1, 10% Rate Capping Factors (First Year) and Homeowners - Table D-2, 21% Rate Capping Factors (Second Year). These tables provide factors to be applied to the premiums determined under the PPC system to limit the rate changes due solely to the conversion from the key rate to the PPC system. The proposal includes the repeal of the table on 1996 Tenant Territorial Multipliers and Premium Chart Number 4 - Texas Tenants Forms HOB-T and HOC-T or Condominium Forms HO-CON-B and HO-CON-C (except that part of the chart for FR- SFR and Sprinklered Risks which is proposed to be included in Rule VI-F on specifically Related Risks and that part of the chart on the additive charge for Single Entrance to a Building which is proposed to be placed in proposed new Premium Chart Number 39) and the replacement of these charts with three new tables: (i) Tenant Homeowners Table A, which specifies annual base premiums for deductibles Number 3 at 1% of Coverage B for Texas Tenants Forms HOB-T and HOC-T or Condominium Forms HO-CON-B and HO-CON-C by territory; (ii) Tenant Homeowners - Table B which specifies construction factors by type of construction and by Public Protection Class; and (iii) Tenant Homeowners - Table C, amount of insurance factor table. These new tables are based on new rating methodology and new rates and factors adopted under Commissioner's Order Number 97-0840 (August 21, 1997), Benchmark Rates for Residential Property, Homeowners, Tenants, Dwelling Fire, Extended Coverage, Additional Extended Coverage and Physical Loss Form. Also included are two new tables adopted under Commissioner's Order Number 97-0840: Tenant Homeowners - Table D-1, 20% Rate Capping Factors (First Year) and Homeowners - Table D-2, 44% Rate Capping Factors (Second Year). These tables provide factors to be applied to the premiums determined under the PPC system to limit the rate changes due solely to the conversion from the key rate to the PPC system. Dwelling Section Rating Rules. The petition requests the repeal of three rating rules in Subsection VI of the Dwelling Section of the Manual that are based on key rating and adoption of three new rules based on the PPC system to replace these repealed rules. The rules proposed for repeal are (i) Rule VI-A-2, Rating Classifications relating to Protection Classifications which provides for the key rating of protected and unprotected areas; (ii) Rule VI-A-3, Determination of Key Rate, which specifies separate procedures for determining key rates for risks located in Class A protected areas, in Class B unprotected areas, in Class A unprotected fringe areas, and `in rural fire prevention districts or metropolitan county fire protection districts; and (iii) Rule VI-B, Determination of Premium by Peril, which provides that premiums for each peril shall be determined for each item of insurance and provides procedures using key rates and territorial multipliers. The proposed new rules are (i) Rule VI-A-2, Public Protection Classification Codes which specifies the code for each protection class; (ii) Rule VI-A-3, Determination of Public Protection Class, which is necessary because the PPC system does not recognize protected and unprotected areas and does not provide any means to recognize certain unprotected areas which currently are allowed to fringe rate to a protected first key town; the proposed rule provides that the Public Protection Classes approved by the Texas Department of Insurance and listed in the Public Protection Class Manual apply to risks insured under Texas Residential Property Programs and provides methodology for determining the classification code in a municipality or classified area where two or more approved classifications are shown; (iii) Rule VI-B, Determination of Premium by Peril, which is necessary to specify new procedures for determining the premium for each peril for each item of insurance for Texas Dwelling Policy Forms TDP-1, TDP-2, and TDP-3; the proposed rule includes rating examples. Amendments are proposed to five rules in Subsection VI of the Dwelling Section to remove provisions based on the key rate system and to substitute or add provisions necessary to implement the new PPC system. These rules are: (i) Rule VI-C, Additional Premium Modifications relating to Public Housing Authority; (ii) Rule VI-D, Change in Policy Form; (iii) Rule VI-E, Additional Amounts or Coverage; (iv) Rule VI-H, Rate and Premium Computation Rule, including a new example illustrating revised premium computation procedure; and (v) Rule VI-J, Change in Hazard, relating to new procedures using PPCs for determining the additional or return premium to be charged or credited for a change in hazard during the policy period under a dwelling policy. Dwelling Section Rate Tables and Premium Charts. The proposal includes the repeal of Dwelling Premium Chart Number 1 and the replacement of this chart with (i) Dwelling - Table A which specifies one-year base fire rates for buildings or contents per $1,000 of coverage by type of construction and protection class; and (ii) Dwelling - Table B, which specifies low value factors, an historical multiplier applied to the dwelling fire base rate. These new tables are based on new rating methodology and new rates and factors adopted under Commissioner's Order Number 97-0840 (August 21, 1997), which adopts benchmark rates for residential property, homeowners, tenants, dwelling fire, extended coverage, additional extended coverage and physical loss form. Also included are two new tables adopted under Commissioner's Order Number 97- 0840: Dwelling- Table C-1, 30% Rate Capping Factors (First Year) and Dwelling - Table C-2, 69% Rate Capping Factors (Second Year). These tables provide factors to be applied to the premiums determined under the PPC system to limit the rate changes due solely to the conversion from the key rate to the PPC system. Declarations Pages. The petition requests the adoption of amendments to the declarations pages of Texas Homeowners Policy forms and Texas Dwelling Policy forms to add an entry for indicating the PPC for the risk to be insured. Because of the capping of premiums for the first two years, it is necessary to continue to provide an entry for indicating the key rate as well as the PPC. Other Proposed Changes to Form and Rating Rules. The petition requests repeal of or amendments to several rules in the Homeowners and Dwelling sections of the Manual that are not related to implementation of the PPC system. This includes both form and rating rules. Two of these rules are contained in both the Homeowners and Dwelling sections: (i) repeal of Rule III-C, Minimum Coverage, in both sections; and (ii) amendment of Rule VI-M-1-a, Rate and Premium Computation, in the Homeowners Section and Rule VI-H-1-a, Rate and Premium Computation, in the Dwelling Section to change the premium computation for renewal policies from the current procedure in the first step of using the premium in effect on the policy renewal date to a new procedure that would allow insurers to use the base premium in effect on the policy renewal effective date. Homeowners Section. The petition requests amendment of Rule IV-A-14-h, Windstorm, Hurricane, and Hail Exclusion Endorsement relating to Deductible Adjustments in Subsection IV (Optional Additional Coverages and Endorsements) of the Homeowners Section. The proposed amendment excludes Deductible Clause Number 1 from the calculation of the total basic homeowners premium when Windstorm, Hurricane, and Hail Exclusion Endorsement Number HO-140 is attached to a homeowners policy. The petition requests adoption of amendments to rules in Subsection IV (Optional Additional Coverages and Endorsements) to move applicable premium charges currently in the rules to proposed new premium charts in the Rate Tables and Premium Charts subsection and to reference these charts in the rules, including amending (i) Rule IV-A-12, Personal Computer Coverage Endorsement, to reference new Premium Chart Number 36 for the applicable premium charge for the attachment of this endorsement; (ii) Rule IV-A-18, Unit Owners Outbuildings and Other Structures Coverage Endorsement HO-180 to reference new Premium Chart Number 37 for the applicable premium charge for the attachment of this endorsement; (iii) Rule IV-C-1, Townhouse Loss Assessment Coverage to reference new Premium Chart Number 38 for the applicable premium charge for the attachment of this endorsement; (iv) Rule IV-C-3, Condominium Loss Assessment Coverage to reference new Premium Chart Number 38 for the applicable premium charge for the attachment of this endorsement; and (v) Rule IV-C-4, Neighborhood Homeowners Loss Assessment Coverage Endorsement HO-315 to reference new Premium Chart Number 38 for the applicable premium charge for the attachment of this endorsement. The petition proposes to amend Rule VI-F, Specifically Rated Risks to include the rating factors for fire resistive and semi-fire resistive and sprinklered risks currently in Premium Chart Number 4 - Texas Tenants Forms HOB-T and HOC-T or Condominium Forms HO-CON-B and HO-CON-C which is proposed to be repealed. The petition requests adoption of new Rule VI-B-2-f, Determination of Basic Premium as part of the rules needed to implement the PPC system; the rule also includes a reference to proposed new Premium Chart Number 39, Tenants Single Entrance to Building Surcharge. The premium charges in proposed new Premium Chart Number 39 are currently contained in Premium Chart Number 4 - Texas Tenants Forms HOB-T and HOC-T or Condominium Forms HO-CON-B and HO-CON-C which is proposed to be repealed. Dwelling Section. The petition requests amendments to Rule VI-H, Rate and Premium Computation Rule, to repeal the current rating example and adopt a new rating example that includes the application of the flex calculation after the deductible calculation to correct an inadvertent error in the example. The petition requests an amendment to Rule VI-C-2-a, Additional Premium Modifications, Tenant Occupancy Charge to move the applicable premium charges from the text of the rule to a new Premium Chart Number 18 in the Rate Tables and Premium Charts subsection and to reference the new chart in the rule. The petition requests an amendment to Rule VI-I, Interpolation of Premium, relating to determining premiums for any amount of insurance not shown in the premium charts, including a new example. This amendment is necessary to conform this rule and rating example to the parallel rule and example in the Homeowners Section which is proposed for change because of the implementation of the PPC system. Other Proposed Changes to Rate Tables and Premium Charts. The petition requests amendments to several premium charts in both the Homeowners and Dwelling sections of the Manual. Amendments are proposed to premium charts for endorsements in both sections to provide for all premium amounts in dollars and cents in lieu of rounding these premium amounts to the nearest dollar. Some premium charts currently in both sections contain premium amounts rounded to the nearest dollar, but several charts do not. Homeowners Section. In the Homeowners Section, amendments are proposed to several existing premium charts to provide for all premium amounts in dollars and cents in lieu of rounding these premium amounts to the nearest dollar, including (i) Premium Chart Number 5, Unscheduled Residence Glass Coverage; (ii) Premium Chart Number 6, Jewelry, Watches and Furs - Increased Limits; (iii) Premium Chart Number 8, Money/Bank Cards, and Bullion/Valuable Papers - Increased Limits; (iv) Premium Chart Number 12, Physicians, Surgeons and Dentists Outside Coverage; (v) Premium Chart Number 14, Other Structures on the Premises - Additional Amount; (vi) Premium Chart Number 20, Personal Injury Coverage; (vii) Premium Chart Number 21, Office, Private School or Studio; (viii) Premium Chart Number 22, Farmer's Personal Liability; (ix) Premium Chart Number 25, Animal Collision Coverage; (x) Premium Chart Number 26, Watercraft; (xi) Premium Chart Number 27, Business Pursuits; (xii) Premium Chart Number 28, Additional Premiums for Increased Limits of Liability & Medical Payments to Others; and (xiii) Premium Chart Number 35, Additional Insured. The petition requests adoption of amendments to two charts in the Rate Tables and Premium Charts subsection of the Homeowners Section to reflect the fact that there is no longer a property minimum premium rule: (i) Premium Chart Number 12, Physicians, Surgeons, and Dentists Outside Coverage; and (ii) Premium Chart Number 13, Additional Extended Coverage Endorsement (Form HOA only). In addition, the petition requests the adoption of such amendments to new proposed premium charts that are proposed to be moved from current rules to the Rate Tables and Premium Charts subsection of the Homeowners Section, including (i) Premium Chart Number 36, Personal Computer Coverage; (ii) Premium Chart Number 37, Unit Owners Outbuildings and Other Structures Coverage; and (iii) Premium Chart Number 38, Condominium Loss Assessment Coverage, and also to Premium Chart Number 39, Tenants Single Entrance to Building Surcharge which is proposed as a separate premium chart due to the proposed repeal of Premium Chart. Number 4 - Texas Tenants Forms HOB-T and HOC-T or Condominium Forms HO-CON-B and HO-CON-C. Also included are changes to premium charts resulting from the adoption of Commissioner's Order Number 97-0840 (August 21, 1997) which adopts benchmark rates for residential property, homeowners, tenants, dwelling fire, extended coverage, additional extended coverage and physical loss form effective February 1, 1998. These premium charts include (i) Premium Chart Number 5, Unscheduled Residence Glass Coverage; (ii) Premium Chart Number 6, Jewelry, Watches and Furs-Increased Limits; (iii) Premium Chart Number 7, Additional Limit on Business Personal Property; (iv) Premium Chart Number 8, Money/Bank Cards, and Bullion/Valuable Papers-Increased Limits; (v) Premium Chart Number 9, Radio and Television Antenna; (vi) Premium Chart Number 10, Greenhouses; (vii) Premium Chart Number 11, Cloth Awnings; (viii) Premium Chart Number 12, Physicians, Surgeons and Dentists Outside Coverage; (ix) Premium Chart Number 13, Additional Extended Coverage Endorsement (Form HOA only); (x) Premium Chart Number 14, Other Structures on the Premises-Additional Amount; (xi) Premium Chart Number 20, Personal Injury Coverage; (xii) Premium Chart Number 21, Office, Private School or Studio; (xiii) Premium Chart Number 22, Farmer's Personal Liability; (xiv) Premium Chart Number 22A, Custom Farming; and (xv) Premium Chart Number 23, One Year Rates Farm Employers Liability Rates for $100 Payroll; (xvi) Premium Chart Number 25, Animal Collision Coverage; (xvii) Premium Chart Number 26, Watercraft; (xviii) Premium Chart Number 27, Business Pursuits; (xix) Premium Chart Number 28, Additional Premiums for Increased Limits of Liability & Medical Payments to Others; and (xx) Premium Chart Number 35, Additional Insured; (xxi) Premium Chart Number 36, Personal Computer Coverage; (xxii) Premium Chart Number 37, Unit Owners Outbuildings and Other Structures Coverage; (xxiii) Premium Chart Number 38, Loss Assessment Coverage; and (xxiv) Premium Chart Number 39, Tenants Single Entrance to Building Surcharge. Dwelling Section. In the Dwelling Section, amendments are proposed to two existing premium charts to provide for all premium amounts in dollars and cents in lieu of rounding these premium amounts to the nearest dollar: Premium Chart Number 4, Greenhouses Extended Coverage Rates; and Premium Chart Number 9, Residential Glass; and to one chart that is proposed to be moved from the current Rule VI-C-2-a, Premium Chart Number 18, Tenant Occupancy Charge. The petition requests adoption of amendments to five charts in the Rate Tables and Premium Charts subsection of the Dwelling Section to reflect the fact that there is no longer a property minimum premium rule, including (i) Dwelling Chart Number 1A; (ii) Dwelling Chart Number 1B; (iii) Additional Extended Coverage Premium Chart in which the additional extended coverage base premiums are specified by zone and therefore, separately from the chart on vandalism/malicious mischief premiums which are specified for all territories, as provided in Commissioner's Order Number 97-0840; (iv) new Vandalism/Malicious Mischief Premium Chart; and (v) All Risk Premium Chart. The petition also requests adoption of an amendment to the existing Deductible Adjustment Percentage Schedule in the Rate Tables and Premium Charts subsection of the Dwelling Section to delete the second sentence of the instructions to conform the instructions for determining the deductible adjustment premium for the building and/or contents insured under a Texas Dwelling Policy with Rule I-B on application of the flex bands filed by individual insurers. The petition also requests the rearrangement of rate tables in the Rate Tables and Premium Charts subsection of the Dwelling Section to more closely follow rating methodologies. Also included are changes to premium charts resulting from the adoption of Commissioner's Order Number 97-0840 (August 21, 1997) which adopts benchmark rates for residential property, homeowners, tenants, dwelling fire, extended coverage, additional extended coverage and physical loss form effective February 1, 1998. These premium charts include (i) Dwelling Extended Coverage Territory Multipliers; (ii) Additional Extended Coverage Premium Chart; (iii) Vandalism/Malicious Mischief Premium Chart; (iv) All Risk Premium Chart; (v) Premium Chart Number 4, Greenhouses Extended Coverage Rates; (vi) Premium Chart Number 5, Cloth Awnings Extended Coverage Rate; (vii) Premium Chart Number 6, Radio and Television Antenna Extended Coverage Rate; (viii) Premium Chart Number 11, Vacancy Clause (TDP-011); (ix) Premium Chart Number 12, Miscellaneous Property Schedules (TDP-012); and (x) Premium Chart Number 18, Tenant Occupancy Charge. Some premium charts' base rates do not change as a result of the adoption of new benchmark rates because the benchmark rate change is incorporated into the territory multiplier instead of the base rate: Dwelling Chart Number 1A, Dwelling Chart Number 1B, Additional Extended Coverage Premium Chart; and All Risk Premium Chart. Non-substantive Editorial Changes. The petition requests the adoption of numerous amendments for non-substantive editorial changes throughout both the Homeowners and Dwelling sections of the Manual. These amendments include (i) updating of references, including change of former State Board of Insurance to the Texas Department of Insurance, change of Texas Catastrophe Property Insurance Association to Texas Windstorm Insurance Association, and correction of references to the Farm and Ranch and Farm and Ranch Owners Manual; and (ii) formatting, organizational, wording, and other technical editing changes for purposes of consistency and readability, including assigning current subsections with Roman numeral designations and renumbering subsequent subsections accordingly; and (iii) correction of misspelled words. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35, 5.96, 5.98, and 5.101. The background and justification for the proposed changes are fully explained in the staff's petition. Copies of the full text of the staff petition, the proposed Manual rules and rate tables and premium charts and proposed amendments to the declarations pages are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the staff petition, proposed Manual rules and rate tables and premium charts and proposed amendments to the declarations pages (Ref. Number P-1097-32-I) please contact Angie Arizpe at (512) 322-4147, or the documents may be accessed using the Department's website on the Internet at www.tdi.state.tx.us. The documents can be located using the Quick Access link to "company". Comments on the proposal must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comments should be submitted to David Durden, Deputy Commissioner for Property and Casualty Lines, P. O. Box 149104, MC 104-5A, Austin, Texas 78714- 9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, chapter 2001). Issued in Austin, Texas, on October 14, 1997. TRD-9713625 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 15, 1997 Notice of Hearing The Commissioner of Insurance will hold a public hearing under Docket No. 2314 on December 3, 1997, at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider and possibly take action on the staff recommendation to retain the designation of the Texas Insurance Checking Office (TICO) as the Texas Statistical Agent for Farm and Ranch and Farm and Ranchowners data collection under Article 21.69 of the Texas Insurance Code. Staff has recommended that Farm and Ranch and Farm and Ranchowners be moved from the Texas Statistical Plan for Residential Risks to the Texas Commercial Lines Statistical Plan considered under Docket Number 2313 which will also be considered on December 3, 1997. Under Article 21.69, Texas Insurance Code, the Commissioner of Insurance may designate a statistical agent, subject to statutory requirements. For additional information, interested parties may contact the Associate Commissioner for Technical Analysis, C.H. Mah, MC 105-5G, Texas Department of Insurance, 333 Guadalupe, Austin, Texas 78701 or call (512) 322-3587. Issued in Austin, Texas, on October 15, 1997. TRD-9713655 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 15, 1997 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2313 on December 3, 1997, at 10:00 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Statistical Plan for Residential Risks ("Residential Plan") and to the Texas Commercial Lines Statistical Plan ("Commercial Plan"). The amendments in the staff petition are necessary to implement S.B. 1499 passed by the 75th Legislature which amended the Texas Insurance Code Article 5.13-2 to include Farm and Ranch and Farm and Ranchowners coverages in the commercial lines of insurance. Staff's petition (Reference P-1097-33-I) was filed on October 14, 1997. The petition proposes the amendment of the Texas Statistical Plan for Residential Risks ("Residential Plan") to delete the Farm and Ranch ("FR") and Farm and Ranch Owners ("FRO") reporting provisions from the Residential Plan and the amendment of the Texas Commercial Lines Statistical Plan ("Commercial Plan") to adopt two new chapters relating to FR and FRO reporting. The proposed changes are necessary in order to comply with the 75th Legislature's passage of S.B. 1499, which amended the Texas Insurance Code Article 5.13-2 to include FR and FRO policies as commercial lines insurance policies. The proposed amendments also include the incorporation of minor changes to the statistical plans for consistency with the existing procedure. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69. Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Angie Arizpe at (512) 463-6326 (refer to Reference Number P-1097-33-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, P. O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C.H. Mah, Associate Commissioner for Policy and Research, P. O. Box 149104, MC113-1C, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96 which exempt action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, ch. 2001). This agency hereby certifies that the proposed amendments have been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 15, 1997. TRD-9713656 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 15, 1997 Third Party Administrator Application The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration. Application for incorporation in Texas of Arlington Benefit Concepts, Inc., (using the assumed name of ABC, Inc.), a domestic third party administrator. The home office is Coppell, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on October 14, 1997. TRD-9713589 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: October 14, 1997 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report (EDPR) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to Texas Water Code (TWC), sec.7.075, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 23, 1997. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of the proposed Default Order is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 23, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Order and/or the comment procedure at the listed phone numbers; however, comments on the Default Order should be submitted to the TNRCC in writing. (1) COMPANY: Elmer Keith, Individually; DOCKET NUMBER: 96-1165-PST-E; ACCOUNT NUMBER: 8312; LOCATION: Guthrie, King County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: TWC, Chapter 26 and 30 TAC sec.sec.334.50(b)(1)(A), 334.51(b)(2)(A), (B), and (C), and 334.54(d)(1)(B), by failing to provide adequate release detection for operating USTs, by failing to provide tight tight-fill fittings for UST systems by failing to provide spill containment for UST systems, by failing to provide overfill prevention equipment for UST systems, and by failing to properly remove from service a UST that had been temporarily out of service for longer than 12 months; PENALTY: $10,000; STAFF ATTORNEY: Hodgson Eckel. Litigation Support Division, MC 174, (512) 239- 2195; REGIONAL OFFICE: 4650 50th Street Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092. (2) COMPANY: Faisal Nazir dba Pak N Pay; DOCKET NUMBER: 97-0292-PST-E; ACCOUNT NUMBER: Enforcement ID Number 5501; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant facility; RULES VIOLATED: 30 TAC sec.sec.115.242(9), 115.246(1), (3), (4), and (5), 334.7(d)(3), and 334.22(a) and Texas Health and Safety Code, sec.382.085(b) by failing to post operating instructions conspicuously on the front of each gasoline-dispensing pump equipped with Stage II vapor recovery system, by failing to mainitain a copy of the California Air Resources Board Executive Order for Stage II vapor recovery systems and any related components installed, by failing to maintain a record of any maintenance conducted on any part of the Stage II equipment, including a general part description, date, and time the equipment was taken out of service, date of repair or replacement, replacement part manufacturer's information, general description of the part location in the system, and description of the problem, by failing to have proof of attendance and completion of Stage II training for each employee and failing to maintain such proof as long as that employee continues to work at the facility, by failing to maintain a record of results of testing conducted at the motor vehicle fuel dispensing facility, by failing to maintain a record of results of the daily inspections conducted at the motor vehicle fuel dispensing facility, by failing to provide an amended registration, and by failing to pay timely annual facility fees; PENALTY: 1,700; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239- 1736; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (3) COMPANY: John Dollins and Grover Todd dba Grover Todd Dairy; DOCKET NUMBER: 97-0770-AGR-E; ACCOUNT NUMBER: D084648; LOCATION: Godley, Johnson County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: TWC, sec.26.121 and 30 TAC sec.321.31 and sec.321.35(a), discharging waste and/or wastewater into or adjacent to water in the state without authorization, by failing to maintain adequate facilities to comply with applicable discharge rules and regulations of the TNRCC; PENALTY: $7,120; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. Issued in Austin, Texas, on October 15, 1997. TRD-9713636 KevinMcCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: Ocotber 15, 1997 Notice of Opportunity to Comment on Proposals for Decision in Administrative Enforcement Hearings The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Proposals for Decision (PFDs) from the State Office of Administrative Hearings (SOAH) pursuant to Texas Water Code (TWC), sec.7.075. Section 7.705 requires that before the TNRCC may approve these PFDs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed PFDs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is November 23, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an PFD if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed PFD is not required to be published if those changes are made in response to written comments. A copy of each of the proposed PFDs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these PFDs should be sent to the attorney designated for each PFD at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 23, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the PFDs and/or the comment procedure at the listed phone numbers; however, Section 7.075 provides that comments on the PFDs should be submitted to the TNRCC in writing (1) COMPANY: Allphaz Coatings, Inc.; DOCKET NUMBER: 96-1291-AIR-E; SOAH DOCKET NUMBER 582-97-1204; ACCOUNT NUMBER: OC-0322-V; LOCATION: Rose City, Orange County, Texas; TYPE OF FACILITY: surface coating and abrasive blasting operation; RULES VIOLATED: 30 TAC sec.116.115(a) and Texas Health and Safety Code, sec.382.085(b) by failing to comply with TNRCC Standard Exemption Number 75 and by failing to comply with TNRCC Standard Exemption Number 102; PENALTY: $9,300; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (2) RESPONDENT: Billy Ekrut dba Ekrut Oil Co.; DOCKET NUMBER: 96-1395-PST-E; SOAH DOCKET NUMBER 582-97-1216; ACCOUNT NUMBER: Enforcement ID Number (EIN) 5049 (formerly E11023), 5050 (formerly E11024), 5051 (formerly E11025), and 5348 (formerly E11026); LOCATIONS: Valley Mills, Bosque County, Texas; Bellmead, McLennan County, Texas; and Crawford, McLennan County, Texas; TYPE OF FACILITY: underground storage tank (UST) facility; RULES VIOLATED: 30 TAC sec.334.50(b)(1)(A) and (2), andsec.334.51(b)(2)(A), (B), and (C) by failing to provide proper release detection for its UST systems at any of the facilities, by failing to provide proper release detection for the piping associated with USTs at any of the facilities, by failing to provide tight-fill fittings for all UST systems at any of the facilities, by failing to provide spill containment equipment for all UST systems at any of the facilities, and by failing to provide overfill prevention equipment for all UST systems at any of the facilites; PENALTY: $12,000; STAFF ATTORNEY: Raymond Winter, Litigation Support Division, MC 175, (512) 239-0477; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (817) 751-0335. (3) RESPONDENT: Jim Wafer Oil Co., Inc.; DOCKET NUMBER: 96-0325/0326/0329-PST-E; SOAH DOCKET NUMBER 582-97-0978/0979/0980; ACCOUNT NUMBER: EIN 5490 (formerly E1140); LOCATION: Pecos, Reeves County, Texas; TYPE OF FACILITY: UST facility; RULES VIOLATED: 30 TAC sec.sec.334.50(b)(1)(A), 334.51(b)(1)(B), and 334.54(d)(1)(B), by failing to provide proper release detection for its USTs, by failing to provide spill and overfill prevention equipment for its USTs, and by failing to permanently remove from service USTs that have been temporarily out of service for longer than 12 months; PENALTY: $5,500; STAFF ATTORNEY: Raymond Winter, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359. Issued in Austin, Texas, on October 15, 1997. TRD-9713637 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: October 15, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 23, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code or the Health and Safety Code, the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 23, 1997. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Ameri-First Auto Sales; DOCKET NUMBER: 97-0402-AIR-E; IDENTIFIER: Account Number DB-4218-N; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(2) and the Act, sec.382.085(b), by offering for sale a motor vehicle in the State of Texas with inoperable required emission control systems or devices; PENALTY: $400; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2)COMPANY: ARCO Chemical Company; DOCKET NUMBER: 97-0530-AIR-E; IDENTIFIER: Account Number HG-1575-W; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC sec.116.115(a), Permit Number 2993, Special Condition Number 18, and the Act, sec.382.085(b), by failing to install an operable thermal combustor for the Propylene Oxide and Styrene Monomer I Unit and by failing to use the thermal combustor; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (3)COMPANY: Armando's Paint and Body; DOCKET NUMBER: 97-0574-AIR-E; IDENTIFIER: Account Number EE-1450-B; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: automotive paint and refinishing shop; RULE VIOLATED: 30 TAC sec.116.115(a) and Standard Exemption 124 and the Act, sec.382.085(b), by failing to practice good housekeeping, by failing to have filters or filter systems with a particulate control efficiency of at least 90% in all paint booth spray areas, and by failing to use high volume low pressure spray guns when applying coatings; PENALTY: $500; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633 (915) 778-9634. (4)COMPANY: Caddo Park Water System; DOCKET NUMBER: 97-0659-PWS-E; IDENTIFIER: Public Water System Number 0430072; LOCATION: Farmersville, Collin County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Texas Health and Safety Code, sec.341.031, by failing to submit a water sample from said public water system for copper and lead analysis; PENALTY: $630; ENFORCEMENT COORDINATOR: Katharine Wheatley, (512) 239- 4757; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (5)COMPANY: Christian Tabernacle; DOCKET NUMBER: 97-0461-MWD-E; IDENTIFIER: Permit Number 13581-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 13581-001 and the Code, sec.26.121, by exceeding the ammonia-nitrogen daily average permit parameter; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500. (6)COMPANY: Circle "C" Construction Company; DOCKET NUMBER: 97-0802-AIR-E; IDENTIFIER: Account Numbers 93-2979-O and 93-4562-O; LOCATION: Kennedale, Tarrant County, Texas, and Argyle, Denton County, Texas; TYPE OF FACILITY: portable cement silos; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by constructing and operating cement silos without obtaining permit authorization prior to construction or meeting the requirements of a permit exemption; PENALTY: $2,000; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (7)COMPANY: City of Edinburg; DOCKET NUMBER: 97-0464-MWD-E; IDENTIFIER: Permit Number 10503-002; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10503-002 and the Code, sec.26.121, by exceeding the ammonia-nitrogen daily average permit parameter; PENALTY: $3,840; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas, 78550-6807, (210) 425- 6010. (8)COMPANY: The City of Edna; DOCKET NUMBER: 97-0167-MWD-E; IDENTIFIER: Permit Number 10164-001; LOCATION: Edna, Jackson County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10164-001 and the Code, sec.26.121, by failing to comply with the daily maximum ammonia-nitrogen concentration permit limit of ten milligrams per liter; PENALTY: $11,520; ENFORCEMENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (9)COMPANY: City of Hughes Springs; DOCKET NUMBER: 97-0488-MWD-E; IDENTIFIER: Permit Number 10415-001; LOCATION: Hughes Springs, Cass County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10415-001 and the Code, sec.26.121, by exceeding the total suspended solids daily average permit parameter; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (10)COMPANY: The City of Kingsville; DOCKET NUMBER: 97-0414-MWD-E; IDENTIFIER: Permit Number 10696-002; LOCATION: Kingsville, Kleberg County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10187-001 and the Code, sec.26.121, by substantially exceeding the ammonia-nitrogen permit limitation for four consecutive months; PENALTY: $0; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (11)COMPANY: The City of Lampasas; DOCKET NUMBER: 97-0410-MWD-E; IDENTIFIER: Permit Number 10205-002; LOCATION: Lampasas, Lampasas County, Texas; TYPE OF FACILITY: municipal wastewater treatment plant; RULE VIOLATED: Permit Number 10205-002 and the Code, sec.26.121, by exceeding the permitted daily average ammonia-nitrogen concentration limit; PENALTY: $0; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (12)COMPANY: The City of Lytle; DOCKET NUMBER: 97-0333-MWD-E; IDENTIFIER: Permit Number 10096-001; LOCATION: Lytle, Atascosa County, Texas; TYPE OF FACILITY: municipal wastewater treatment plant; RULE VIOLATED: Permit Number 10096-001 and the Code, sec.26.121, by exceeding their five-day biochemical oxygen demand; PENALTY: $750; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (13)COMPANY: City of Marlin; DOCKET NUMBER: 97-0335-MWD-E; IDENTIFIER: Permit Number 10110-002; LOCATION: Marlin, Falls County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10110-002 and the Code, sec.26.121, by exceeding the five-day biochemical oxygen demand daily average concentration limitation; PENALTY: $11,360; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (14)COMPANY: City of New Summerfield; DOCKET NUMBER: 97-0336-MWD-E; IDENTIFIER: Permit Number 13585-001; LOCATION: New Summerfield, Cherokee County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 13585-001 and the Code, sec.26.121, by exceeding the total suspended solids daily average permit parameter; PENALTY: $2,918; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas, 75701-3756, (903) 535-5100. (15)COMPANY: The City of Oakwood; DOCKET NUMBER: 97-0409-MWD-E; IDENTIFIER: Permit Number 10586-001; LOCATION: Oakwood, Leon County, Texas; TYPE OF FACILITY: municipal wastewater treatment plant; RULE VIOLATED: Permit Number 10586-001 and the Code, sec.26.121, by exceeding their permitted five-day biochemical oxygen demand daily loading limit of 13 pounds per day; PENALTY: $0 ; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (16)COMPANY: The City of Robert Lee; DOCKET NUMBER: 97-0360-MWD-E; IDENTIFIER: Permit Number 10603-002; LOCATION: Robert Lee, Coke County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: Permit Number 10603-002 and the Code, sec.26.121, by exceeding the ammonia-nitrogen daily average limitation; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479. (17)COMPANY: Mr. Raul Esquivel; DOCKET NUMBER: 96-1687-PST-E; IDENTIFIER: Enforcement Identification Number 5466 (formerly E11701); LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.48(c), by failing to conduct inventory control according to commission requirements; and 30 TAC sec.334.51(b)(2)(C), by failing to provide proper overfill prevention equipment for the underground storage tank (UST) systems; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (18)COMPANY: Hector Garcia; DOCKET NUMBER: 97-0521-OSI-E; IDENTIFIER: Certification Number 1079; LOCATION: Rosenberg, Fort Bend County, Texas; TYPE OF FACILITY: on-site sewage facility installation and repair business; RULE VIOLATED: 30 TAC sec.285.104 and Certification Number 1079 and the Code, sec.366.051(c), by installing an on-site sewage facility without obtaining the necessary permits; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Merrilee Mears, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,(713) 767-3500. (19)COMPANY: Mr. Modesto Hernandez; DOCKET NUMBER: 96-1419-PST-E; IDENTIFIER: Enforcement Identification Number 4684 (formerly E11668); LOCATION: Pharr, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.22(a), by failing to pay annual facility fees for the USTs; 30 TAC sec.334.50(b)(1)(A), by failing to provide proper release detection for the UST systems; and 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with the UST systems; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (20)COMPANY: Mr. Modesto Hernandez, dba Triple H Mart; DOCKET NUMBER: 96-1414- PST-E; IDENTIFIER: Enforcement Identification Number 5159 (formerly E11663); LOCATION: Mercedes, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.7(d)(1)(B), by failing to provide written notice to the executive director of a change in operational status of each tank system from in service to temporarily out of service; 30 TAC sec.334.22(a), by failing to pay annual facility fees for the USTs; and 30 TAC sec.334.54(d)(1)(B), by failing to permanently remove from service USTs which have been temporarily removed from service for longer than 12 months; PENALTY: $2,660; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (21)COMPANY: Mr. Modesto Hernandez, dba Triple H Mart; DOCKET NUMBER: 96-1415- PST-E; IDENTIFIER: Enforcement Identification Number 5158 (formerly E11664); LOCATION: Elsa, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.7(d)(1)(B), by failing to provide written notice to the executive director of a change in operational status of each tank system from in service to temporarily out of service; 30 TAC sec.334.22(a) by failing to pay annual facility fees for the USTs; and 30 TAC sec.334.54(d)(1)(B), by failing to permanently remove from service USTs which have been temporarily removed from service for longer than 12 months; PENALTY: $2,380; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (22)COMPANY: Mr. Modesto Hernandez, dba Triple H Mart; DOCKET NUMBER: 96-1416- PST-E; IDENTIFIER: Enforcement Identification Number 5160 (formerly E11665); LOCATION: Alamo, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.7(d)(1)(A), by failing to register the correct size of the USTs at the facility; 30 TAC sec.334.50(b)(1)(A), by failing to provide proper release detection for the UST systems; 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with the UST systems; and 30 TAC sec.334.51(b)(2)(C), by failing to provide proper overfill prevention equipment for the UST systems; PENALTY: $3,780; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (23)COMPANY: Mr. Modesto Hernandez, dba Triple H Mart; DOCKET NUMBER: 96-1417- PST-E; IDENTIFIER: Enforcement Identification Number 4686 (formerly E11666); LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.7(d)(1)(B), by failing to provide written notice to the executive director of a change in operational status of each tank system from in service to temporarily out of service; 30 TAC sec.334.22(a), by failing to pay annual facility fees for the USTs; 30 TAC sec.334.50(b)(1)(A), by failing to provide proper release detection for the UST systems; 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with the UST systems; 30 TAC sec.334.51(b)(2)(B), by failing to provide proper spill containment equipment for the UST systems; 30 TAC sec.334.51(b)(2)(C), by failing to provide proper overfill prevention equipment for the UST systems; and 30 TAC sec.334.54(d)(1)(B), by failing to permanently remove from service USTs which have been temporarily removed from service for longer than 12 months; PENALTY: $4,060; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (24)COMPANY: Mr. Modesto Hernandez, dba Triple H Mart; DOCKET NUMBER: 96-1418- PST-E; IDENTIFIER: Enforcement Identification Number 4685 (formerly E11667); LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.22(a), by failing to pay annual facility fees for the USTs; 30 TAC sec.334.50(b)(1)(A), by failing to provide proper release detection for the UST systems; 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with the UST systems; 30 TAC sec.334.51(b)(2)(B), by failing to provide proper spill containment equipment for the UST systems; and 30 TAC sec.334.51(b)(2)(C), by failing to provide proper overfill prevention equipment for the UST systems; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGION OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425- 6010. (25)COMPANY: Mr. Modesto Hernandez, dba Triple H Mart; DOCKET NUMBER: 96-1420- PST-E; IDENTIFIER: Enforcement Identification Number 4683 (formerly E11669); LOCATION: Elsa, Hidalgo County, Texas; TYPE OF FACILITY: underground storage tanks; RULE VIOLATED: 30 TAC sec.334.22(a), by failing to pay annual facility fees for the USTs; 30 TAC sec.334.50(b)(1)(A), by failing to provide proper release detection for the UST systems; 30 TAC sec.334.50(b)(2)(A), by failing to provide proper release detection for the pressurized piping associated with the UST systems; 30 TAC sec.334.51(b)(2)(B), by failing to provide proper spill containment equipment for the UST systems; 30 TAC sec.334.51(b)(2)(C), by failing to provide proper overfill prevention equipment for the UST systems; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Mick Wilson, (512) 239-2228; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425- 6010. (26)COMPANY: Brien and Priscilla Hickman d/b/a Hilltop Mobile Park; DOCKET NUMBER: 97-0634-PWS-E; IDENTIFIER: Public Water Supply Number 0130019; LOCATION: Beeville, Bee County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Texas Health and Safety Code, sec.341.031, by failing to submit a water sample from said public water system for copper and lead analysis; and the Texas Health and Safety Code, sec.341.041, by failing to pay the public health service fees; PENALTY: $480; ENFORCEMENT COORDINATOR: Lin Zhang, (512) 239-4497; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (27)COMPANY: IBP, Incorporated; DOCKET NUMBER: 97-0578-IWD-E; IDENTIFIER: Permit Number 01958; LOCATION: Palestine, Anderson County, Texas; TYPE OF FACILITY: cow slaughter and deboning plant; RULE VIOLATED: Permit Number 01958 and the Code, sec.26.121, by discharging wastewater into or adjacent to any water in the state or by committing another act that has caused or will cause pollution of any state water; PENALTY: $51,200; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (28)COMPANY: Lee County Fresh Water Supply District Number 1; DOCKET NUMBER: 97- 0581-MWD-E; IDENTIFIER: Permit Number 12007-001; LOCATION: Dime Box, Lee County, Texas; TYPE OF FACILITY: municipal wastewater treatment plant; RULE VIOLATED: Permit Number 12007-001 and the Code, sec.26.121, by exceeding the total suspended solids daily concentration levels; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (29)COMPANY: Loop 1604 Group; DOCKET NUMBER: 97-0413-EAQ-E; IDENTIFIER: None; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: 629 acres of land known as the fund subdivision commercial tract (tract); RULE VIOLATED: 30 TAC sec.213.4, by allowing unauthorized clearing and/or construction to occur within the confines of the tract without TNRCC approval of a site specific water pollution abatement plan; and 30 TAC sec.213.5(f)(2), by failing to contact the TNRCC San Antonio Regional Office within 24 hours of discovering on-site recharge features within the confines of the tract; PENALTY: $18,160; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (30)COMPANY: Martin Realty & Land, Inc.; DOCKET NUMBER: 97-0462-MWD-E; IDENTIFIER: Permit Number 12621-001; LOCATION: Porter, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 12621-001 and the Code, sec.26.121, by exceeding the ammonia-nitrogen daily average permit parameter; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500. (31)COMPANY: Robert Moore d/b/a Moore's Mobile Home Park; DOCKET NUMBER: 97- 0633-PWS-E; IDENTIFIER: Public Water Supply Number 0150243; LOCATION: Leon Springs, Bexar County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.120(c)(5) and the Texas Health and Safety Code, sec.341.031, by failing to submit a water sample from said public water system for copper and lead analysis; PENALTY: $480; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4757; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (32)COMPANY: Northeast Texas Community College; DOCKET NUMBER: 97-0628-MWD-E; IDENTIFIER: Enforcement Identification Number 10218; LOCATION: Mount Pleasant, Titus County, Texas; TYPE OF FACILITY: domestic wastewater treatment plant; RULE VIOLATED: 30 TAC sec.305.1(b) and the Code, sec.26.121, by discharging wastewater into waters of the state without a permit; PENALTY: $480; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (33)COMPANY: Second Hand Motors; DOCKET NUMBER: 97-0810-AIR-E; IDENTIFIER: Account Number DB-4208-Q; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and the Act, sec.382.085(b), by offering for sale a vehicle in the State of Texas with missing required emission control systems or devices; PENALTY: $500; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (34)COMPANY: Sharyland Independent School District; DOCKET NUMBER: 97-0638-MWD- E; IDENTIFIER: Enforcement Identification Number 11480; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: on-site sewage plants; RULE VIOLATED: 30 TAC sec.305.42 and the Code, sec.26.12, by failing to obtain a permit; PENALTY: $1,344; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (35)COMPANY: Sunbelt Fresh Water Supply District; DOCKET NUMBER: 97-0463-MWD-E; IDENTIFIER: Permit Number 11670-001; LOCATION: Whiteoak Bayou, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 11670-001 and the Code, sec.26.121, by exceeding the ammonia-nitrogen daily average permit parameter; PENALTY: $1,920; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500. (36)COMPANY: Tompkins Coating, Incorporated; DOCKET NUMBER: 97-0619-AIR-E; IDENTIFIER: Account Number HG-0746-D; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: abrasive blasting and surface coating plant; RULE VIOLATED: 30 TAC sec.116.116(b) and the Act, sec.382.085(b), by failing to operate as represented in the permit application. Specifically, the scrubber from the blasting area and the filters and fan from the painting area had been removed; PENALTY: $0; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (37)COMPANY: Tosco Marketing Company, d/b/a Circle K Corporation; DOCKET NUMBER: 97-0771-AIR-E; IDENTIFIER: Account Numbers EE-1021-F, EE-1026-S, EE-1101-G, EE- 1102-E, EE-1104-A, EE-1745-C, EE-0996-F, and EE-1043-S; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience stores; RULE VIOLATED: 30 TAC sec.114.13(a) and Agreed Order Number 95-0367-AIR-E and the Act, sec.382.085(b), by offering for sale gasoline for use as motor vehicle fuel which failed to have the minimum oxygen content of 2.7% by weight; PENALTY: $25,500; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (38)COMPANY: Webb County; DOCKET NUMBER: 97-0490-MWD-E; IDENTIFIER: Permit Number 13577-001; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 13577-001 and the Code, sec.26.121, by exceeding the daily average five-day biochemical oxygen demand limit of 20 milligrams per liter; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (210) 425-6010. (39)COMPANY: Willow Run Public Service, Inc.; DOCKET NUMBER: 97-0491-MWD-E; IDENTIFIER: Permit Number 10699-001; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: domestic wastewater treatment facility; RULE VIOLATED: Permit Number 10699-001 and the Code, sec.26.121, by exceeding the ammonia-nitrogen, the five-day biochemical oxygen demand, and the total suspended solids daily average limitations; PENALTY: $18,600; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. Issued in Austin, Texas, on October 14, 1997. TRD-9713562 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: October 14, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), sec.7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is November 23, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 23, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, Section 7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: Mr. Darrell B. Boepple; DOCKET NUMBER: 97-0567-PST-E; ACCOUNT NUMBER: Enforcement ID Number (EIN) 4500; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: underground storage tank (UST); RULES VIOLATED: 30 TAC sec.334.50(b)(1)(A) and 30 TAC sec.334.51(b)(1)(B) by failing to provide proper release detection and by failing to provide proper spill prevention and overfill control equipment; PENALTY: $1,200; STAFF ATTORNEY: Patricia Welton, Litigation Support Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3509, (806) 796-7092. (2) COMPANY: Jim Spence dba Aunt Annie's Old Fashion Hamburger; DOCKET NUMBER: 96-1460-PWS-E; ACCOUNT NUMBER: PWS Number 170053; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: public drinking water; RULES VIOLATED: 30 TAC sec.290.106 and Texas Health and Safety Code, sec.334.033(d) by failing to submit to the commission water samples for bacteriological analysis for August 1995, October through December 1995, April 1996, and June 1996; PENALTY: $880; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239- 0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (3) COMPANY: Ronald W. Stumpf; DOCKET NUMBER: 96-1628-MWD-E; ACCOUNT NUMBER: NO TNRCC PERMIT; LOCATION: City of Joshua, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment plant facility; RULES VIOLATED: TWC, sec.26.121 by operating an unpermitted wastewater treatment plant and by allowing unauthorized discharges of sewage to an unnamed pond on three separate dates; PENALTY: $26,250; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 765-2519. (4) RESPONDENT: Sadru N. Din; DOCKET NUMBER: 96-0555-PST-E; ACCOUNT NUMBER: State Office of Administrative Hearings Docket Number 582-97-0255; LOCATION: Highlands, Harris County, Texas; TYPE OF FACILITY: UST facility; RULES VIOLATED: 30 TAC sec.sec.115.221, 115.241, 334.50(b)(1)(A) and (B), (2), and (d)(3), 334.74, and 334.76, by failing to conduct investigatin and confirmation steps within 30 days of suspected release, by failing to take initial response actions within 24 hours of a release, by failing to provide adequate release detection for the STs, by failing to provide adequate release detection for the piping associated with the USTs, by failing to provide the existing UST systems with spill and overfill prevention control equipment, by failing to provide the commission with written notice of any change in ownership or change in ownership information, by failing to provide Stage I Vapor Recovery equipment for his UST systems, and by failing to provide Stage II Vapor Recovery equipment for his UST systems; PENALTY: $29,600; STAFF ATTORNEY: Raymond Winter, Litigation Support Division, MC 175, (512) 239-0477; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1456, (713) 767-3500. (5) COMPANY: Southwest Oil Recycling, Inc.; DOCKET NUMBER: 96-1511-IHW-E; ACCOUNT NUMBER: SWR Numbers 81319, 32641, and 41810; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: used oil transporting and processing facility; RULES VIOLATED: 30 TAC sec.sec.335.2, 335.12(a), 335.43, 335.62, and 335.112(a)(9) and 40 Code of Federal Regulations (CFR), sec.sec.262.11, 265.194, 265.195, 270.1, and Part 265, Subpart J by receiving and storing hazardous waste in three different tanks without authorization, by accepting shipments of hazardous waste which were not accompanied by a manifest, by failing to obtain the required written assessment addressing the structural integrity and the hazardous waste storage suitability of three different tanks prior to being put into service, by failing to comply with inspection and general operating requirements, and by failing to conduct a hazardous waste determination of the 288 drums of waste being stored on-site; PENALTY: $11,200; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (512) 980-3100. (6) COMPANY: Southwest Oil Recycling, Inc.; Southwest Environmental Services, Inc.; DOCKET NUMBER: 97-0250-IHW-E; ACCOUNT NUMBER: SWR Numbers 41400, 23721, and 84672; LOCATIONS: Luling, Caldwell County, Texas; Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: used oil transporting and processing facility underground; RULES VIOLATED: 30 TAC sec.sec.335.2, 335.12(a), 335.43, 335.112(a)(9), and 335.62 and 40 CFR, sec.;262.11, 265.194, 265.195, 270.1, and Part 265, Subpart J by receiving and storing hazardous waste in three different tanks without authorization, by accepting shipments of hazardous waste which were not accompanied by a manifest, by failing to obtain the required written assessment addressing the structural integrity and the hazardous waste storage suitability of three different tanks prior to being put into service, by failing to comply with inspection and general operating requirements, and by failing to conduct a hazardous waste determination of the 288 drums of waste being stored on-site; PENALTY: no penalty; small business exemption; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. Issued in Austin, Texas, on October 15, 1997. TRD-9713635 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: October 15, 1997 Public Notice Public Notice: Re-posted Positions - Request for Nominations to Appoint Two Individuals to the Municipal Solid Waste Management and Resource Recovery Advisory Council The Texas Natural Resource Conservation Commission (TNRCC) is soliciting nominations for the following two individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council: 1. An elected official from a municipality with a population of 750,000 or more (Un-expired Term Ends August 31, 1999) 2. A registered waste tire processor (Term Ends August 31, 2003) The Municipal Solid Waste Management and Resource Recovery Advisory Council was mandated by the 69th Legislature (1983) and is composed of 18 members representing various segments of the regulated community; i.e., city and county solid waste agencies, a commercial solid waste landfill operator, solid waste districts/authorities, an environmentalist, city and county officials, a tire processor, a financial advisor, a professional engineer, a solid waste professional, a composting/recycling manager or educator, and two general public representatives. The Council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations to the TNRCC Commissioners on matters relating to municipal solid waste management; recommends legislation to the Commissioners to encourage the efficient management of municipal solid waste; recommends policies to the Commissioners for the use, allocation, or distribution of the planning fund; and recommends to the Commissioners special studies and projects to further the effectiveness of municipal solid waste management and recovery for the state of Texas. Council meetings are held a minimum of four times per year and committee meetings as needed. The meetings usually last one full day and are held in Austin, Texas. Members are not reimbursed for expenses incurred to attend meetings and do not receive financial compensation. To nominate an individual: (a) identify which position the individual is interested in representing and, (b) ensure that the person meets the qualifications. Each nominee should: (a) submit a biographical summary including the individual's experience and qualifications, and (b) submit a letter indicating their agreement to serve, if appointed. Appointments will be made by the TNRCC Commissioners. Written nominations are to be received in the TNRCC Municipal Solid Waste Division by 5:00 p.m., on November 7, 1997. Nominations should be directed to: Gary W. Trim, Special Programs Director, Municipal Solid Waste Division, TNRCC, P.O. Box 13087, MC 124, Austin, Texas 78711-3087 or fax to (512) 239-6717. Questions regarding the Municipal Solid Waste Management and Resource Recovery Advisory Council can be directed to Mr. Trim at (512) 239-6708. Issued in Austin, Texas, on October 15, 1997. TRD-9713662 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: October 15, 1997 Texas Department of Protective and Regulatory Services Request for Proposal - Home Instruction Program for Preschool Youngsters The Texas Department of Protective and Regulatory Services (TDPRS), Community Initiatives for Program Development Division, is soliciting proposals for service contracts to create or expand a Home Instruction Program for Preschool Youngsters (HIPPY). The HIPPY program is targeted to low-income parents and preschool-aged children (3-5 years) who are educationally disadvantaged or at risk of abuse or neglect. Funds expended through contracts awarded under this RFP are intended to assist community organizations in establishing home-based parent-child "school readiness" learning programs as taught by HIPPY USA. By supporting parents, HIPPY's primary goal is to increase vulnerable children's success in school and, ultimately, in adult life. DESCRIPTION OF SERVICES: Recipients of funds under this RFP must sign a contract with HIPPY USA and meet their requirements for certification. Materials and training are to be purchased from HIPPY USA. Paraprofessionals who deliver the services must be HIPPY parents or be taking a parent-type role with a child in the program. At least 25 percent of the paraprofessionals must be recipients of Temporary Assistance to Needy Families (TANF), who are subject to mandatory work requirements. RFP RELEASE DATE: RFPs will be mailed to requesters on October 27, 1997 via certified mail. RFPs may be picked up at the address listed as follows on or after October 27, 1997, at 9 a.m. CLOSING DATE: December 2, 1997 at 3:00 p.m. Central Standard Time TERMS AND/OR AMOUNT: The contract will be for eight months beginning January 1, 1998 and ending August 31, 1998; with a possible renewal in each of the three years following. Contracts totaling approximately $900,000 will be awarded for FY 1998. Local matching funds are required to obtain these funds. The amount of funding in the individual contracts will be based on the number of eligible offerors, the number of clients served, the amount of local match, and the amount of funding available. The number of contracts will depend on available funding. SELECTION CRITERIA: Selection will be based on the Plan of Operation (70%) and the Cost Information (30% ). The Plan of Operation percentage points are as follows: 10% Demonstrated community need; 15% Evidence of community support and collaboration; 20% (new programs) Documentation of plans for implementing services according to HIPPY USA (existing programs) Documentation of plans for expansion; 10% Readiness to implement the program quickly; 10% Plans to recruit TANF-recipients for paraprofessional positions (25% minimum); 5% Evidence of organizational competence and experience; 70% Total The Cost Information percentage points are as follows: 10% Level of Matching Funds (25% minimum); 10% Feasibility of budget; 10% Reasonableness of projected costs; 30% Total. CONTACT PERSON: Interested parties may receive a bid packet from: Mary Birnbaum (E-541); Texas Department of Protective and Regulatory Services; P. O. Box 149030; Austin, Texas 78714-9030; (512) 438-3755; FAX (512) 438-2031. Street Address: 701 West 51st Street; Fifth Floor, East Tower; Austin, Texas 78751. Issued in Austin, Texas, on October 15, 1997. TRD-9713629 C. Ed Davis Deputy Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: October 15, 1997 Public Utility Commission of Texas Notices of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on October 10, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Great West Services Ltd. d/b/a SimCom Communications for a Service Provider Certificate of Operating Authority, Docket Number 18097 before the Public Utility Commission of Texas. Applicant intends to provide a full range of telecommunications services, including, but not limited to, local exchange service, basic local telecommunications service and switched access service in the proposed areas. Applicant will also provide long distance, WATS, 800, ISDN, data services, custom calling services, Caller ID and other optional services. Applicant's requested SPCOA geographic area will follow the boundaries of Southwestern Bell Telephone Company and GTE Southwest, Inc.'s exchanges for the Dallas and Fort Worth metropolitan calling areas. 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 Customer Protection at (512) 936-7120 no later than October 29, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on October 14, 1997. TRD-9713598 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 14, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on October 13, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Local Telecom Service, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 18098 before the Public Utility Commission of Texas. Applicant intends to provide, on a resale basis, monthly recurring, flat-rate local exchange service including extended area service, toll restriction, call control options, tone dialing, custom calling services, Caller ID and any other services that are available on a resale basis from the underlying incumbent local exchange carrier (ILEC) or other certificated carrier within the service area of applicant. Applicant's requested SPCOA geographic area includes the geographic regions currently served by the following ILECs and incorporates the boundaries of these ILECs as the boundary of its proposed service area: Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas (Centel- Sprint), United Telephone Company of Texas, Inc. (United-Sprint), Sugar Land Telephone Company, Texas Alltel, Inc., and Lufkin- Conroe Telephone Exchange, Inc. 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 Customer Protection at (512) 936-7120 no later than October 29, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on October 14, 1997. TRD-9713599 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 14, 1997 Notices of Application for Waiver of Requirements Under Public Utility Commission of Substantive Rule sec.23.106(j)(3) Notice is given to the public of the filing with the Public Utility Commission of Texas on October 2, 1997, a petition for exemption from the reporting requirements of Public Utility Commission Substantive Rule sec.23.106(j)(3). Project and Title Number. Application of Cap Rock Telephone Cooperative, Inc. for Waiver of Requirements Under Public Utility Commission Substantive Rule sec.23.106(j)(3). Project Number 18068. The Application. Cap Rock Telephone Cooperative, Inc. (Cap Rock) requests an exemption from the requirements of Public Utility Commission Substantive Rule sec.23.106(j)(3) because of the technical incapability of its billing system. Public Utility Commission Substantive Rule sec.23.106(j)(3) requires telecommunications utilities providing local exchange service, that also provide billing services for a primary interexchange carrier (PIC), to print the name and telephone of both the local exchange and primary interexchange providers on the first page of the customer's combined bill for local and interexchange services. Subsection (3), however, includes a good cause waiver provision in exchanges served by incumbent local exchange companies serving 31,000 access lines or less. Cap Rock serves approximately 4,834 access lines within sixteen exchanges in Texas. Because its billing system is technically incapable of printing the PIC on customer bills, Cap Rock requests a good cause waiver until such time it is technically able to comply with the requirements of the rule. 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 Office of Customer Protection at (512) 936-7120 on or before November 4, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on October 9, 1997. TRD-9713441 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 9, 1997 Notice is given to the public of the filing with the Public Utility Commission of Texas on October 2, 1997, a petition for exemption from the reporting requirements of Public Utility Commission Substantive Rule sec.23.106(j)(3). Project and Title Number. Application of West Texas Rural Telephone Cooperative, Inc. for Waiver of Requirements Under Public Utility Commission Substantive Rule sec.23.106(j)(3). Project Number 18061. The Application. West Texas Rural Telephone Cooperative, Inc. (West Texas Rural) requests an exemption from the requirements of Public Utility Commission Substantive Rule sec.23.106(j)(3) because of the technical incapability of its billing system. Public Utility Commission Substantive Rule sec.23.106(j)(3) requires telecommunications utilities providing local exchange service, that also provide billing services for a primary interexchange carrier (PIC), to print the name and telephone of both the local exchange and primary interexchange providers on the first page of the customer's combined bill for local and interexchange services. Subsection (3), however, includes a good cause waiver provision in exchanges served by incumbent local exchange companies serving 31,000 access lines or less. West Texas Rural serves approximately 1,925 access lines within nine exchanges in Texas. Because its billing system is technically incapable of printing the PIC on customer bills, West Texas Rural requests a good cause waiver until such time it is technically able to comply with the requirements of the rule. 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 Office of Customer Protection at (512) 936-7120 on or before November 4, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on October 9, 1997. TRD-9713439 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 9, 1997 Notice of Filing of Petition for Designation of Eligible Telecommunications Carriers Under 47 U.S.C. sec.214(E) Notice is given to the public of the filing with the Public Utility Commission of Texas (the commission) on October 13, 1997 of General Counsel's original petition establishing a forum and outlining procedures for the designation of eligible telecommunications carriers under 47 U.S.C. sec.214(e). Project Title and Number: General Counsel's Petition for Designation of Eligible Telecommunications Carriers Under 47 U.S.C. sec.214(e); Project Number 18100. The Petition: This proceeding will serve as the forum for the commission to designate eligible telecommunications carriers under 47 U.S.C. sec.214(e). Designation as an eligible telecommunications carrier qualifies the designee to apply for federal universal service funds under 47 U.S.C. sec.254. The petition sets forth a schedule that would allow the commission to designate eligible telecommunications carriers by December 31, 1997, so that such carriers would be eligible for receipt of federal universal service funds as of January 1, 1998. That schedule establishes a November 3, 1997 deadline for a carrier to notify the commission of its intent to seek designation as an eligible telecommunications carrier, and a November 10, 1997 deadline for the actual filing of a request for such designation. Persons wishing to protest a requested carrier's designation must intervene by November 20, 1997, specifying the carrier whose request is being challenged and stating with particularity the grounds for such intervention. Administrative approval of qualifying requests for designation could occur by December 10, 1997. At its December 17, 1997 open meeting, the commission would approve the appropriate transmittal to the Federal Communications Commission regarding designation of eligible telecommunications carriers in Texas. Persons who wish to intervene in the proceeding, or comment upon the action sought, should contact the Public Utility Commission of Texas at 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. The deadline to intervene as an applicant for designation as an eligible telecommunications carrier in this project is November 10, 1997. The deadline to intervene as a protestant regarding any applicant's request for designation is November 20, 1997. This proposal has been assigned Project Number 18100. Issued in Austin, Texas, on October 14, 1997. TRD-9713600 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 14, 1997 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a 30 station addition to the existing PLEXAR-Custom service for Waco Independent School District in Waco, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 30 Station Addition to the Existing PLEXAR-Custom Service for Waco Independent School District in Waco, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 18092. The Application: Southwestern Bell Telephone Company is requesting approval for a 30 station addition to the existing PLEXAR-Custom service for Waco Independent School District in Waco, Texas. The geographic service market for this specific service is the Waco 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 commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on October 13, 1997. TRD-9713513 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 13, 1997 Public Notice of Interconnection Agreement On November 7, 1997, Access Network Service, Inc. (ANSI), is scheduled to file its interconnection agreement with Southwestern Bell Telephone Company (SWBT) under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. Chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated, sec.sec.11.001-63.063) (PURA). The interconnection agreement is to be filed pursuant to the arbitration award in Petition of Access Network Services, Inc. for Arbitration of Unresolved Issue Involving Southwestern Bell Telephone Company's Resale Shared Tenant Service. The petition for arbitration has been designated Docket Number 17552. The petition for arbitration and the underlying interconnection agreement will be available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement that is a result of arbitration. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of section 251, including the regulations prescribed by the commission pursuant to FTA sec.251, or the standards set forth in FTA sec.252(d). 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 30 days after it is submitted by the parties. Pursuant to the commission's procedural rules, public comment is allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments regarding the agreement by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on ANSI and SWBT. The comments should specifically refer to Docket Number 17552. Such comments shall be limited to whether the agreement meets the requirements of FTA and relevant portions of state law. The comments shall be filed by November 17, 1997. If the comments request rejection or modification of the agreement, the interested person must provide the following information: 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) does not meet the requirements of FTA sec.251, including any Federal Communications Commission regulation implementing FTA sec.251; or b) is not consistent with the standards established in FTA sec.252(d); or c) is not consistent with other requirements of state law. 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 Public Utility Commission of Texas Procedural Rule sec.22.202. 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 Customer Protection 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 17552. Issued in Austin, Texas, on October 14, 1997. TRD-9713597 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 14, 1997 Public Notice of Interconnection Agreement On October 7, 1997, Southwestern Bell Telephone Company (SWBT) and Matrix Telecom, Inc. (Matrix) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated sec.sec.11.001-63.063) (PURA). The joint application has been designated Docket Number 18080. 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 parties have requested expedited review of this application. 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 13 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 18080. 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 November 7, 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 Customer Protection 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 18080. Issued in Austin, Texas, on October 10, 1997. TRD-9713474 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 10, 1997 Public Notice of Interconnection Agreement On October 7, 1997, Southwestern Bell Telephone Company (SWBT) and Telenetwork, Inc. (Telenetwork) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated sec.sec.11.001- 63.063) (PURA). The joint application has been designated Docket Number 18079. 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 parties have requested expedited review of this application. 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 13 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 18079. 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 November 7, 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 Customer Protection 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 18079. Issued in Austin, Texas, on October 10, 1997. TRD-9713475 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: October 10, 1997 Texas Department of Transportation Notice of Intent Notice of Intent: Pursuant to Title 43, Texas Administrative Code, sec.2.43, the Texas Department of Transportation (TxDOT) is issuing this notice to advise the public that a draft environmental impact statement will be prepared for a proposed highway project in Smith County, Texas. TxDOT, in cooperation with the Federal Highway Administration (FHWA), will prepare a draft environmental impact statement (EIS) on a proposal to construct the western section of Loop 49, an approximately 40 mile circumferential controlled access highway around the urbanized area of Tyler in Smith County, Texas. The western section of the proposed Loop 49 extends northward from State Highway 155 to Interstate Highway 20 in western Smith County. The length of the project varies, depending on the selected alternative, averaging approximately 28.3 kilometers (17 miles). The proposed action is intended to provide access and increased mobility to the western Tyler/Smith County area and the Northeast Texas region; to alleviate traffic congestion on existing roadways in the urbanized areas of Smith County; and to provide a safer, more convenient route for traffic traveling through the Tyler area. Alternatives to the proposed action to be discussed in the EIS consist of (1) taking no action; and (2) improving existing roadways in the urbanized areas of Smith County. The build alternatives include five alternative alignments along new location rights-of-way connecting State Highway 155 to Interstate Highway 20. Letters describing the proposed action and soliciting comments have been sent to appropriate federal, state, and local agencies, and to private organizations and citizens who have previously expressed interest in the proposal. A Major Investment Study has been completed in compliance with the Intermodal Surface Transportation Efficiency Act. In addition, several meetings have been held by the Loop 49 Steering Committee, composed of representatives of local governments, agencies, and interested organizations and citizens. A public meeting was held on August 28, 1997, at the Harvey Convention Center in Tyler, Texas, at which public comments on the proposed action and alternatives were requested. In addition, a public hearing will be held after publication of the Draft EIS. Public notice will be given of the time and place of the hearing. The Draft EIS will be available for public and agency review and comment prior to the public hearing. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Agency Contact: Direct comments or questions concerning this proposed action and the EIS to Dianna Noble, P.E., Director, Environmental Affairs Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701, phone: (512) 416-3001. Issued in Austin, Texas, on October 15, 1997. TRD-9713661 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: October 15, 1997 Public Notice On September 12, 1997, the Texas Department of Transportation published a notice of intent to engage a private consultant under Texas Government Code, Chapter 2254, Subchapter B, to conduct an Austin-San Antonio Corridor Major Investment/Commuter Rail Feasibility Study (22 TexReg 9359). That notice requested proposals be submitted no later than 5:00 p.m. CST on October 17, 1997. Concerns have been raised about the extent, if any, of engineering work requested in the scope of work. Pending a resolution of this issue, the request for proposals is canceled. No proposals should be submitted to the department. After this issue is resolved, a subsequent request for proposals will be issued with similar component tasks. If there are any questions, please contact Ed Kasparik, Project Manager, Multimodal Operations Office, Texas Department of transportation, by phone: (512) 416-2341; FAX: (512) 416-2348; E-mail: ekaspari@mailgw.dot.state.tx.us. Issued in Austin, Texas, on October 15, 1997. TRD-9713671 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: October 15, 1997 Request for Proposal Notice of Invitation: Pursuant to Chapter 2254, Subchapter B, Government Code, The Texas Department of Transportation (TxDOT) intends to engage a private consultant to perform a comprehensive compensation study of selected payroll titles. The study will include a comparison between TxDOT compensation and compensation in private industry, other state and local governments, and the federal government. The study will be limited to compensation practices in the fields of engineering, engineering technicians, engineering specialists, engineering assistants, information technicians, transportation planners, architects, landscape architects, environmental specialists, and selected director titles as defined in the State Classification System. Specific compensation practices including average cost of living adjustments, average salary increases, average time between increases, attrition, starting rates, wages, population, total compensation (cash and non-cash), salary programs, and education programs must also be addressed in the study. The consultant will then make recommendations to enhance TxDOT's compensation practices in order to attract and retain these employees. TxDOT expects to award this contract by December 1, 1997, with the contract to begin January 1, 1998, and be completed on March 1, 1998. Agency Contact: The Request for Proposals (RFP) in its entirety may be obtained by contacting Cathy J. Williams, Director, Human Resources Division, 125 East 11th Street, Austin, Texas 78701, phone 512-706-6300. The RFP sets forth detailed submission requirements that all proposals must meet. Closing Date: To be considered, written proposals must be received at the Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701, Attn: Cathy J. Williams, Director, Human Resources Division, on or before 5 p.m., November 10, 1997. Proposals received after 5:00 p.m. on that date will not be considered. Selection Criteria: TxDOT's Deputy Executive Director for Administrative Services will make the final selection of a consultant based on a ranking of proposals by a selection committee. TxDOT will base its selection of the consultant on demonstrated competence, knowledge, qualifications, and reasonableness of proposed fees. If all other considerations are equal, TxDOT will give preference to a consultant whose principal place of business is within the state or who will manage the contract entirely from its office within the state. Issued in Austin, Texas, on October 10, 1997. TRD-9713491 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: October 10, 1997 Veterans Land Board Notice of Intent to Publish Request for Proposal On or after November 1, 1997, the Veterans Land Board (VLB) may request proposals for the design, construction and management of four approved Veterans Retirement Homes to be located in Big Spring, Bonham, Floresville, and Temple, Texas. Persons interested in receiving a copy of the Request for Proposal, when approved by the VLB for publication, should submit a letter of interest to: Mr. David Gloier, Executive Secretary, Texas Veterans Land Board, 1700 North Congress Avenue, Room 890, Austin, Texas, 78701-1495. Issued in Austin, Texas, on October 15, 1997. TRD-9713669 Garry Mauro Chairman Veterans Land Board Filed: October 15, 1997 Texas Workers' Compensation Commission Invitation To Applicants For Appointment To The Medical Advisory Committee The Texas Workers' Compensation Commission (TWCC) invites all qualified individuals, and representative of public health care facilities and other entities and all current primary and alternate MAC members to apply to fill any of the following positions on the Medical Advisory Committee (MAC) in accordance with the eligibility requirements of the new Standards and Procedures for the Medical Advisory Committee. The purpose and tasks of the MAC are outlined in the Texas Labor Code, sec.413.005, which includes advising the Medical Review Division of TWCC on the development and administration of medical policies and guidelines. The MAC meets, on the average, once every six weeks. MAC members are not reimbursed for travel, per diem, or other expenses associated with the MAC activities and meetings. The members of the MAC are appointed by the six commissioners of TWCC and include health care providers, representatives of employees and employers and members of the general public. Each member must be knowledgeable and qualified regarding work-related injuries and diseases. The complete membership of the MAC includes 16 primary members and 16 alternate members. During the primary member's absence, the alternate member will attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed. The alternate may attend all meetings. Alternate members shall fulfill the same responsibilities as primary members, as set out in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission. The Commission solicits applications for the following positions on the TWCC Medical Advisory Committee: PRIMARY 1. Primary member - Public Health Care Facility 2. Primary member - Dentist 3. Primary member - Podiatrist 4. Primary member - Representative of Employees ALTERNATE 5. Alternate member - Public Health Care Facility 6. Alternate member - Dentist 7. Alternate member - Pharmacist 8. Alternate member - Podiatrist 9. Alternate member - Occupational Therapist 10. Alternate member - Medical Equipment Supplier 11. Alternate member - Representative of Employees 12. Alternate member - General Public 13. Alternate member - General Public Any person or entity interested in serving on the MAC may contact Juanita Salinas in the Commission's Medical Review Division at (512) 707-5888 to obtain an application packet. Issued in Austin, Texas, on October 14, 1997. TRD-9713619 A. Kaylene Ray Assistant General Counsel Texas Workers' Compensation Commission Filed: October 14, 1997