IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Commission on Alcohol and Drug Abuse Notice of Intent to Fund Under the authority of the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 461, the Texas Commission on Alcohol and Drug Abuse (TCADA) is seeking proposals from training organizations experienced in training non-profit or public community-based organizations to provide prevention training services throughout the state. The goal of the request for proposal (RFP) is to enhance prevention services provided by schools, faith communities, community-based organizations serving youth, and TCADA-funded prevention and treatment providers through comprehensive training to all of the 11 Texas Health and Human Services Commission regions. TCADA will accept letters of intent from public or Texas-incorporated private non-profit organizations. Definition: Prevention is a process that utilizes multiple strategies designed to preclude the onset of the illegal use of alcohol, tobacco, and other drugs by youth. Prevention principles and strategies foster the development of social and physical environments that facilitate healthy, drug-free lifestyles. The major prevention training strategies to be purchased through this RFP are as follows: Community mobilization training - training is generally provided to adult community leaders and interested citizens. The training is designed to teach the process of mobilizing the community to develop and implement strategies that focus on preventing substance abuse among youth and adults and mobilizing resources to enhance the service delivery system within the community. Community service training - training is provided to both youth and adults in schools and/or community-based settings. The training provides skills to teach youth the proactive process of designing and implementing community service projects within schools and communities in order to enhance their connection to solving local problems with local resources. Parenting education training - training is designed to establish ongoing parenting education in prevention and treatment organizations, schools, and/or community-based organizations. The training is designed to teach parents effective parenting techniques in order to enhance family communication and bonding. Training curricula shall be culturally specific for each ethnic group served. Life skills training - training is designed to teach school personnel, prevention and treatment agency personnel, and/or community based organizations how to set up curricula-based services that teach life skills to youth. Life skills include decision-making processes, coping mechanisms, and stress management strategies and are focused on refusal and resiliency techniques. The training focuses on using curricula in a classroom and/or group setting. Student assistance training - training is designed to teach school personnel how to establish effective student assistance programs in schools. The training focuses on establishing core teams at the campus level to assess student problems and make internal and external referrals. In addition, the training focuses on ameliorating identified issues, reducing the risks associated with using illegal substances and dropping out of school, and developing positive behaviors and attitudes. Peer assistance training - training is designed to establish structured peer assistance services/classes primarily in schools, but may be adapted to other environments. The training design targets both adult and student populations. The training focuses on providing skills to teach high school and middle school students how to work individually and in groups with same age and/or younger students who are experiencing personal problems that place them at-risk of substance abuse and dropping out of school. Peer mediation training - training is designed to teach adults and students how to establish effective peer mediation programs in schools in order to effectively resolve student conflict at its earliest stage. The training is provided primarily in schools but may also be provided in community-based organizations and institutions that serve youth. Mentoring training - training focuses on teaching community members and school personnel how to establish effective mentoring programs. The primary goal is to reduce the students' risk of dropping out of school or becoming involved with illegal substances and to develop positive behaviors and attitudes. Initial Application Process and Eligibility Review: To be eligible to compete through the Fiscal Year 1998 Prevention Training RFP, all potential applicants (public and private non-profit organizations) must initially submit the following documents for review: A letter of intent to apply for funding which briefly describes: the type of prevention training strategies that will be proposed; and the target population who will receive services with these funds (such as schools, faith communities, community-based organizations and/or TCADA-funded prevention and treatment services). Documentation of the organization's legal standing: Private non-profit: copy of State of Texas Certificate of Incorporation stamped with a Texas state seal; copy of State of Texas signed and dated Articles of Incorporation and amendments; copy of Doing Business as (DBA) Certificate, if appropriate; and copy of signed and dated bylaws and amendments. Public organizations: copy of enabling legislation, such as constitution, statute, or charter; and copy of signed and dated bylaws and amendments. Documentation of financial ability: Public and/or private non-profit organizations not currently funded by TCADA that have undergone an audit must submit the following documents for review before being considered for funding under this RFP: a copy of the applicant's most recent audited basic financial statements; a copy of notes to the financial statements; a copy of report(s) issued by the auditor on internal controls; and a copy of any management letters issued by the auditor in conjunction with the audit; a copy of management's response to the management letter. Public and/or private non-profit organizations not currently funded by TCADA that have not been audited must submit unaudited financial statements with a note indicating that the statements have not been audited. Acceptable documents include: operating statements: statement of support, revenue and expenses and changes in fund balances; balance sheet: a statement of financial position which discloses assets and liabilities; statement of cash flow; statement of functional expenses showing line item income and expense details by program or support function; and notes to financial statements listing basis of accounting and fiscal year. Organizations currently funded by TCADA or who submitted audit documentation to TCADA in the past 12 months, need submit only those items not previously submitted, along with a statement indicating the date and documents submitted. An organization will be ineligible to compete for funding through the RFP if it fails to submit the required documentation or if the audit reports going concern issues, material non-compliance or material weakness that is not satisfactorily addressed in the management response. Organizations meeting the initial application requirements will be notified of their eligibility to compete through the RFP process and mailed a copy of the RFP. Organizations submitting letters of intent to apply for funding, but ineligible to compete through the RFP process will be informed of their ineligibility within 30 days of the letter's submittal. Application Criteria: TCADA's application criteria for funding will be listed in the RFP. Further information on the application selection criteria and process will be provided in the RFP. Fund Availability: There is $3 million available annually to fund prevention training services in the State through this competitive RFP. Due Date: Interested applicants must submit the letter of intent and all fiscal and legal documents to TCADA by 5:00 p.m. on December 12, 1997. Contract Period: The initial contract period of proposals selected through the competitive RFP process will be March 1, 1998 through August 31, 1998. Payment mechanism will be financial assistance. Organizations interested in providing prevention training services should submit a letter of intent to: Texas Commission on Alcohol and Drug Abuse, Resource Procurement Division, 9001 North IH-35, Suite 105, Austin, Texas 78753-5223. Faxed documents will not be accepted. This letter must include the above mentioned elements. If there are any questions please contact the Resource Procurement Division at (800) 832-9623, extension 6786 or (512) 349-6786. Failure to meet each requirement requested in the letter of intent will result in disqualification from consideration for the competitive Prevention Training RFP process for Fiscal Year 1998 funding. Issued in Austin, Texas, on November 18, 1997. TRD-9715503 Mark S. Smock Deputy for Finance and Administration Texas Commission on Alcohol and Drug Abuse Filed: November 18, 1997 Ark-Tex Council of Governments Request for Proposal for Legal Assistance Services 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, contact Maratha Hall Smith, AAA Manager: Address: P.O. Box 5307, Texarkana, Texas 75505-5307 Phone: (903) 832-8636 Fax: (903) 832-3441 Closing Date: 5:00 PM, December 15, 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 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 Austin, Texas, on November 18, 1997. TRD-9715543 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: November 19, 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 November 11, 1997, through November 18, 1997: FEDERAL AGENCY ACTIONS: Applicant: Harris County Flood Control District; Location: Various areas of Harris County; Project Number: 97-0398-F1; Description of Proposed Action: The applicant proposes to amend its permit to modify or remove Special Conditions "d" and "g". Special condition "d" states that channel banks will be graded on a 3 to 1 slope or flatter. Because the existing permit only provides for the maintenance of existing constructed channels, creating flatter side slopes should only be done to the degree to which the channels were designed. Therefore, 3 to 1 side slopes or greater would not be mandatory in all cases. Special conditions "g" states that the permittee shall be responsible for conducting a cultural resources survey within the permit area and affected areas prior to commencement of permitted activities. The applicant states that since special condition "f", a part of Amendment (01), requires the permittee to notify the Corps upon encountering previously unidentified cultural resources, special condition "g" should be removed or modified; Type of Application: U.S.C.O.E. permit application #12467(04) 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: Texas Department of Transportation; Location: Orange Travel Information Center, IH-10, one mile west of the Sabine River, Orange, Orange County, Texas; Project Number: 97-0399-F1; Description of Proposed Action: The applicant proposes to reconstruct the Orange Travel Information Center. The proposed facility will include a 8,692 square foot building on pilings, of which approximately 6,000 square feet will be located over waters of the United States. An observation deck will also be constructed over the swamp adding an additional 1,100 square feet of structure over waters of the United States. No fill will be placed below the plane of ordinary high water. All of the structures will be on pilings. Large trees will be avoided where possible but the construction operations will require clearing an area of approximately 0.24 acres; Type of Application: U.S.C.O.E. permit application #21144 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: Brown and Root Energy Services; Location: Houston Ship Channel, at 14035 Industrial Road, in Houston, Harris County, Texas; Project Number: 97- 0400-F1; Description of Proposed Action: The applicant proposes to install approximately 800 feet of steel bulkhead, excavate existing concrete riprap from along the shoreline, and perform hydraulic dredging in front of its facility. Approximately 1,400 tons of riprap will be excavated and placed into an upland disposal site. The area in front of the new bulkhead will be dredged to a depth of -38 to - 40 feet mean low water to accommodate barge access to the facility. Approximately 70,000 to 80,000 cubic yards of material will be removed. Approximately 11,800 cubic yards of the dredge material will be used as backfill for the proposed bulkhead. The remainder of the dredge material will be placed in an upland disposal area. The applicant also proposed to install two concrete skidways, each being 600 feet long and 20 feet wide, landward of the new bulkhead; Type of Application: U.S.C.O.E. permit application #21136 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: Frank DeLape; Location: 401 Lakeshore Drive, Taylor Lake Village, Harris County, Texas; Project Number: 97-0401-F1; Description of Proposed Action: The applicant proposes to construct a 1,020-foot bulkhead, place riprap, and backfill behind the new bulkhead. There is an existing bulkhead along the shoreline, however, the property has subsided in the last few years. The applicant proposes to cut the old bulkhead off at the low tide line, and place riprap on a shallow shelf between the old bulkhead and the proposed bulkhead, a distance of 4.5 feet. Approximately 1,700 cubic yards of the material will be placed behind the proposed bulkhead; Type of Application: U.S.C.O.E. permit application #21119 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 .S.C.A. sec.sec.125-1387). Applicant: Brownsville Navigation District; Location: 13 miles northeast of Brownsville, on the south side of the BSC, at 18501 R.L. Ostos Road, Port of Brownsville, Cameron County, Texas; Project Number: 97-0402-F1; Description of Proposed Action: The applicant proposes to mechanically dredge two areas on the Brownsville Ship Channel to create ship-berthing areas and to perform maintenance dredging in these areas for five years. One berth will be 600 feet long and 159 feet wide. The second berth will be 605 feet long and 159 feet wide. Both areas will be dredged to a depth of -44 feet below mean low tide. Approximately 100,000 cubic yards of material will removed by dragline and placed onsite in upland areas; Type of Application: .S.C.O.E. permit application #21141 under sec.10 of the Rivers and Harbors Act of 1899 (33 .S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Vastar Resource, Inc.; Location: Sabine Pass Anchorage Area, Block 6, offshore, Gulf of Mexico, surface location coordinates will be X = 1,221,963.184 and Y = 349,491.096; Project Number: 97-0403-F1; Description of Proposed Action: The applicant proposes to install and maintain structures for the production of oil and gas; Type of Application: U.S.C.O.E. permit application #21026 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Richard Power; Location: Wetlands adjacent to the Gulf of Mexico, at 19419 Shore Drive, in the Dunes of West Beach Subdivision, on Galveston Island, Galveston County, Texas; Project Number: 97-0404-F1; Description of Proposed Action: The applicant proposes to retain fill material previously placed into approximately 2,142 square feet of wetlands adjacent to the Gulf of Mexico. The unauthorized fill was placed into a dune swale wetland approximately nine inches deep. The project site appears to have been vegetated with Hydrocotyle bonariensis, Spartina patens, Paspalum monostachyum, Andropogon glomeratus, and Cyperus sp; Type of Application: U.S.C.O.E. permit application #21109 under sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Mitchell Energy Corporation; Location: State Tract 86, Galveston Bay, Chambers County, Texas; Project Number: 97-0405-F1; Description of Proposed Action: The applicant proposes to drill, construct, operate, produce, and maintain oil and gas production facilities. This includes the erection and maintenance of structures, the performance of drilling, and the installation of the necessary production equipment and pipelines to treat and move the products from well site to market. No dredging is proposed for access; Type of Application: .S.C.O.E. permit application #21138 under sec.10 of the Rivers and Harbors Act of 1899 (33 .S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Matagorda Group, L.P.; Location: Along the Gulf Intracoastal Waterway, Corps of Engineers station 632+600, at the Ali Wai Village Subdivision, located at the corner of 12th Street and Commerce Street, in Port O'Connor, Calhoun County, Texas; Project Number: 97-0406- F1; Description of Proposed Action: The applicant proposes to revise its permit to include the construction of approximately 2,800 linear feet of concrete bulkhead. The applicant also proposes to excavate approximately 50,000 cubic yards of sand, using landbased equipment, to create boat channels and a marina basin. The marina basin will contain a wooden walkway and 38 covered boat slips. Excavated sand will be used to fill approximately 0.64 acre of wetlands located on the property. To compensate for wetland impacts, the applicant will construct and enhance 0.64 acre of wetland onsite; Type of Application: U.S.C.O.E. permit application #12253(05) 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). 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 November 19, 1997. TRD-9715570 Garry Mauro Chairman Coastal Coordination Council Filed: November 19, 1997 Comptroller of Public Accounts Notices of Request for Proposals Notice of Request for Proposals for the Performance of an Analysis of the Criteria Affecting Enrollment in Certain Institutions of Higher Education in the State of Texas: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) for the performance of an analysis of criteria affecting enrollment at certain public institutions of higher education in the State of Texas. More specifically, in response to the recent opinion of the United States Court of Appeals for the Fifth Judicial Circuit in Hopwood v. State, 78 F.3d 932 (5th Cir. 1996), reh'g en banc denied, 84 F.3d 722 (5th Cir. 1996), cert. denied, __ U.S. __, 116 S.Ct. 2580 (1996) (Hopwood), the 1997 Texas State Legislature (75th Regular Session) enacted legislation and passed a legislative rider to the General Appropriations Act directing the Comptroller, with the assistance of the Texas Higher Education Coordinating Board (THECB) and the state's public institutions of higher education, to conduct a disparity study (the "Study") of the state's public institutions of higher education to determine whether past acts of discrimination by institutions of higher education of this state have created any present effects of such past discrimination. The Legislature specified that the Study shall address student recruitment, admissions, retention, and financial aid. The services sought under this RFP shall constitute a part of the Study, and will include a report or series of reports to the Comptroller. The successful proposer or proposers will be expected to begin performance of the contract on or about January 15, 1998. 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, 78744, telephone number: (512) 936-5854 or (512) 475- 0412, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, December 5, 1997, between 4 p.m. and 5 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 prior to 4 p.m. (CZT) on Friday, December 19, 1997. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4 p.m. (CZT), on Monday, January 5, 1998. 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: Issuance of RFP - December 5, 1997, 4 p.m. CZT; Mandatory Letter of Intent and Questions Due - December 19, 1997, 4 p.m. CZT; Proposals Due - January 5, 1998, 4 p.m. CZT; Contract Execution - no later than January 15, 1998, or as soon thereafter as practical. Issued in Austin, Texas, on November 19, 1997. TRD-9715537 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: November 19, 1997 Notice of Request for Proposals: The Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of obtaining investment manager services in connection with the administration of a prepaid higher education tuition program. The program is administered by a seven-member Prepaid Higher Education Tuition Board (Board). The Comptroller is the executive director and chairperson of the Board. The Funds to be managed are funds from contracts and investments of the program known as the Texas Tomorrow Fund. Pursuant to H.B. 9, 75th legislature., R.S. (522), the Board's investment authority has been expanded. The Board has approved the procurement of investment manager(s) for the Fund. The Comptroller, as executive director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary investment managers. If approved by the Board, the successful proposers will be expected to begin performance of the contract on or about February 2, 1998. 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 above referenced address on Monday, December 1, 1997, between 4 p.m. and 5 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 prior to 4 p.m. (CZT) on Monday, December 15, 1997. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4 p.m. (CZT), on Monday, January 5, 1998. 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 evaluation committee will determine which proposal(s) best meets these criteria and will make a recommendation to a committee established by the Board, who will then make a recommendation to the Board. The Board will make the final selection. 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. Neither the Comptroller nor the Board is under any 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 or the Board to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - December 1, 1997, 4 p.m. (CZT); Mandatory Letter of Intent and Questions Due - December 15, 1997, 4 p.m. (CZT); Proposals Due - January 5, 1998. 4 p.m. (CZT); and Contract Execution - January 30, 1998, or soon thereafter as possible. Issued in Austin, Texas, on November 19, 1997. TRD-9715538 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: November 19, 1997 Office of Consumer Credit Commissioner Award of Outside Counsel Contract The Office of Consumer Credit Commissioner has filed an award for consultant services under the provisions of the Texas Government Code, sec.sec.2254.021- 2254.040. The proposal was published in the September 12, 1997, issue of the Texas Register (22 TexReg 9322). The consultant will be responsible for providing legal assistance to the Office of Consumer Credit Commissioner in the areas of credit law and administrative law general counsel legal advice; legal research relating to real estate secured lending and the implementation of new legislation; and administrative rule development relating to consumer credit transactions, primarily loans secured by personal or real property. The consultant award is made to: Richard Tomlinson; One Greenway Plaza, Suite 100; Houston, Texas 77046. The contract award is for an amount not to exceed a cost of $42,500.00. The final report will be provided prior to August 31, 1998. Issued in Austin, Texas, on November 14, 1997. TRD-9715419 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: November 14, 1997 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, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.009, and 1E.003, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 11/24/97 - 11/30/97 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 11/24/97 - 11/30/97 is 18% for Commercial over $250,000. The judgment ceiling as prescribed by Art. 1E.003 for the period of 12/01/97 - 12/31/97 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000. The judgment ceiling as prescribed by Art. 1E.003 for the period of 12/01/97 - 12/31/97 is 10% 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 November 18, 1997. TRD-9715497 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: November 18, 1997 Texas Court Reporters Certification Board Certification of Court Reporters Following the examination of applicants on October 17, 1997, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.: ORAL STENOGRAPHY: Natalie Paige Atteberry-Cedar Hill and Antoinette S. Caswell- Corinth. MACHINE SHORTHAND: Rhonda D. Armbruster-Humble; Melinda J. Briseno-Las Cruces, New Mexico; Jodi D. Garrett-Amarillo; Laura A. Green-Austin; Lori L. Johnson-The Woodlands; Edna L. Lozano-San Antonio; Jerusha R. Simon-Lincoln University, Pennsylvania; Jeannine K. Sims-Houston; Staci D. Slayden-San Antonio; Sarah C. Smith-Freeport; Terry J. Thummel-El Paso; and Caroline Yamaoka-Santa Monica, California. Issued in Austin, Texas, on November 17, 1997. TRD-9715536 Peg Liedtke Executive Secretary Texas Court Reporters Certification Board Filed: November 19, 1997 Texas Credit Union Department Application(s) for a Merger or Consolidation Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration: An application was received from Gaylord Employees Credit Union, Garland, Texas seeking approval to merge with Kraft America Credit Union, Garland, Texas with the latter being the surviving credit union. An application was received from Benchmark Credit Union, Midland, Texas seeking approval to merge with Southwest Heritage Credit Union, Odessa, Texas with the latter being the surviving credit union. An application was received from Wichita Falls Postal Credit Union, Wichita Falls, Texas seeking approval to merge with Wichita Falls Telco Federal Credit Union, Wichita Falls, Texas with the former being the surviving credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during considering the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. Issued in Austin, Texas, on November 18, 1997. TRD-9715505 Harold E. Feeney Commissioner Texas Credit Union Department Filed: November 18, 1997 Application(s) to Amend Articles of Incorporation Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration: An application for a name change was received for E-Houston Credit Union, Houston, Texas. The proposed new name is Energy Capital Credit Union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. Issued in Austin, Texas, on November 18, 1997. TRD-9715507 Harold E. Feeney Commissioner Texas Credit Union Department Filed: November 18, 1997 Application(s) to Expand Field of Membership Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration: An application was received from AT&T Employees Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit all Lucent Technologies, Inc. employees who are employed in the State of Texas to be eligible for membership in the credit union. An application was received from Texins Credit Union, Richardson, Texas to expand its field of membership. The proposal would permit employees of DSC Communications Corporation, its subsidiaries, affiliates, and successors, and their families to be eligible for membership in the credit union. An application was received from Wetex Credit Union, Mesquite, Texas to expand its field of membership. The proposal would permit employees who are paid from or are managed from the Manufacturing Plant located at 3000 Skyline Drive in Mesquite Texas, where the credit union's office is located. This shall include employees of any Subsidiary or Contractor Companies with the operators of said plant whose employees/workers are based from or work out of any of the manufacturing facilities serviced by the Credit Union to be eligible for membership in the credit union. An application was received from Phillips Employees Credit Union, Pasadena, Texas to expand its field of membership. The proposal would permit members of the Silver Star Seniors of Pasadena to be eligible for membership in the credit union. An application was received from Members Choice Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of SYSCO Corporate Office and SYSCO subsidiaries who are not currently served by other credit unions to be eligible for membership in the credit union. An application was received from Phillips Employees Credit Union, Pasadena, Texas to expand its field of membership. The proposal would permit students of Gardens Elementary School of Pasadena, Texas to be eligible for membership in the credit union. An application was received from Witco Houston Employees Credit Union, Rosenberg, Texas to expand its field of membership. The proposal would permit employees of John Herne, CPA, P.C. to be eligible for membership in the credit union. An application was received from United Heritage Credit Union, Austin, Texas to expand its field of membership. The proposal would permit employees and associates of Express Personnel Services to be eligible for membership in the credit union. An application was received from Houston Highway Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of McCoy, Inc. (an office furnishings company) to be eligible for membership in the credit union. Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. Issued in Austin, Texas, on November 18, 1997. TRD-9715506 Harold E. Feeney Commissioner Texas Credit Union Department Filed: November 18, 1997 Texas Department of Criminal Justice Request for Offer The Texas Department of Criminal Justice (TDCJ) Request for Offer (RFO) is to solicit offers for Business Process Reengineering services in support of the second phase of the Texas Department of Criminal Justice Offender Information Management (OIM) Business Process Reengineering (BPR) project. Respondents must respond with an offer for services to commence in January 1998, and be a certified QISV vendor at the completion of contract negotiations. To request a copy of the RFO with attachments, contact Lynn Ayala: Address: P.O. Box 4016, Huntsville, Texas 77342-4016, Phone: (409) 437-1193, Fax: (409) 437- 1011. Closing date: 2:00 p.m., December 10, 1997. TDCJ reserves the right to reject any and all responses submitted and to accept the offer that is considered to be in the best interest of TDCJ. TDCJ may request additional information as necessary, to clarify, explain, and verify any aspect of an offer. TDCJ shall be the sole judge of the acceptability of any offer. Issued in Austin, Texas, on November 19, 1997. TRD-9715573 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: November 19, 1997 Edwards Aquifer Authority Notice of Public Hearings The Edwards Aquifer Authority will conduct five public hearings to comments on proposed revisions to rules governing the permit procedures to withdraw water from the Edwards Aquifer. These public hearings with be held at the following times and locations: Wednesday, December 10, 1997, at 6:00 p.m. Hays County Agricultural Extension Service Meeting Room 1253 Civic Center Loop San Marcos, Hays County, Texas Thursday, December 11, 1997 at 6:00 p.m. Commissioner's Court Meeting Room 3rd Floor - Annex Building 150 North Seguin, Room 306 New Braunfels, Comal County, Texas Tuesday, December 16, 1997, at 6:00 p.m. Uvalde Civic Center 300 East Main Uvalde, Uvalde County, Texas Wednesday, December 17, 1997, at 6:00 p.m. Edwards Aquifer Authority 1615 North Street Mary's St. San Antonio, Bexar County, Texas Thursday, December 18, 1997 at 6:00 p.m. McDowell Junior High School 1602 27th South Hondo, Medina County, Texas The proposed revisions to rules governing the permit procedures to withdraw water from the Edwards Aquifer may be found in the November 21, 1997, issue of the Texas Register. Copies of the rules may also be obtained from the Edwards Aquifer Authority by calling (210) 222-2204 or 1-800-292-1047, or they may be viewed on the Authority's web site at the following address: www.e-aquifer.com. Issued in Austin, Texas, on November 19, 1997. TRD-9715532 Gregory M. Ellis General Manager Edwards Aquifer Authority Filed: November 19, 1997 General Land Office Agency Rule Review and Notice of Intent to Review Pursuant to House Bill 1, the Appropriations Act, Article IX, sec.167 ("sec.167"), the General Land Office (GLO) and the School Land Board (SLB) submit the following Plan for Review and Consideration for Re-Adoption and Notice of Intent to Review for the following administrative rules which became final prior to September 1, 1997. 31 Texas Administrative Code, sec.sec.1.3, 9.1-9.3, 9.5-9.6, 9.8-9.9, and Chapters 151 and 153. The planned review and resulting re-adoption, amendment, and/or repeal of these rules is expected to be completed by August 31, 1999. The GLO and SLB request that the Plan and Notice of Intent be published by the Texas Register in compliance with sec.167 as soon as possible. Issued in Austin, Texas, on November 18, 1997. TRD-9715520 Garry Mauro Commissioner General Land Office Filed: November 18, 1997 Office of the Governor Corrections of Error The Office of the Governor submitted Notification of Consultant Award-Budget and Planning Division. The notice appeared in the November 7, 1997, issue of the Texas Register, (22 TexReg 11011). On page 11011, third paragraph, the wrong date was submitted, it should read "August 31, 1999", not 1997. Texas Department of Health Corrections of Error The Texas Department of Health submitted Designation of a Site Serving Medically Underserved Populations and Notice of Emergency Cease and Desist Order. The notices appeared in the October 24, 1997, issue of the Texas Register, (22 TexReg 10551). The designation and Notices were erroneously published under the General Services Commission. Designation of Site Serving Medically Underserved Populations The 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: Estelle Prison, Eastern Region Medical Center, located at FM 3478 off FM 980, ten miles north of Huntsville, Huntsville, Texas. 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; Telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice. Issued in Austin, Texas, on November 14, 1997. TRD-9715364 Susan K. Steeg General Counsel Texas Department of Health Filed: November 14, 1997 Public Hearing on the Ryan White Comprehensive Acquired Immunodeficiency Syndrome (AIDS) Resource Emergency (CARE) Act, Title II Activities in Texas The Texas Department of Health (department) will hold a public hearing to receive comments on the proposed 1998 plan for funding the eighth year of the Ryan White Comprehensive Acquired Immunodeficiency Syndrome (AIDS) Resource Emergency (CARE) Act, Title II activities in Texas. The hearing will be held on Thursday, December 18, 1997, from 10:00 a.m.- 12:00 p.m., in the Moreton Building, Room M-739, Texas Department of Health, 1100 West 49th Street, Austin, Texas. To request an accommodation under the Americans with Disabilities Act, please contact Suzzanna C. Currier, ADA Coordinator in the Office of Civil Rights, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7627, or Texas Device for the Deaf at (512) 458- 7708, at least four days prior to the meeting. Copies of the proposed plan will be mailed to all department Ryan White Title II contractors prior to the public hearing. Interested persons can obtain a copy of the plan by contacting Ms. Laura Ramos at (512) 490-2525 or by E-mail LRAMOS@STD.TDH.STATE.TX.US. Written comments should be addressed to Mr. Casey S. Blass, Director, HIV/STD Health Resources Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Comments will be accepted through December 31, 1997. Issued in Austin, Texas, on November 13, 1997. TRD-9715324 Susan K. Steeg General Counsel Texas Department of Health Filed: November 13, 1997 Texas Department of Housing and Community Affairs Notice of Administrative Hearing Texas Department of Housing and Community Affairs Manufactured Housing Division Thursday, December 4, 1997, 1:00 p.m. State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N. Congress, 11th Floor, Suite 1100 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Douglas Gary Mason dba Mason Transport Company to hear alleged violations that the Respondent violated the Act, sec.sec. 4(f) and 7(j)(6) and the Rules, sec.sec. 80.28(a), 80.121(a)(b)(c), 80.131(b) and 80.132(6) by not properly submitting Monthly Installation Summary Reports showing the number of homes installed; also not properly installing a manufactured home and responding with corrective action on the home in a timely manner. SOAH 332-97-2033. Department MHD1997001612M and MHD1997002151D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on November 19, 1997. TRD-9715565 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: November 19, 1997 Texas Department of Housing and Community Affairs Manufactured Housing Division Wednesday, December 3, 1997, 1:00 p.m. State Office of Administrative Hearing, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Oakwood Mobile Homes, Inc. to hear alleged violations of the Act, sec.sec. 4(f) and 7(j)(6) and Rules, sec.sec. 80.28(a), 80.51, 80.121(a)(b)(c), 80.123(a), and 80.203(b) regarding not properly installing eight manufactured homes; not properly submitting monthly Installation Summary Reports; not properly submitting monthly Sales Summary Reports; and not properly submitting monthly Used Inventory Summary Reports. SOAH 332-97-2034. Department MHD1997001105D, MHD1997001115D, MHD1997001116D, MHD1997001117D, MHD1997001118D, MHD1997001119D, MHD1997001120D and MHD1997001121D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on November 19, 1997. TRD-9715566 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: November 19, 1997 Houston-Galveston Area Council Request for Proposal Description: Proposals are being accepted for possible funding under H-GAC Alternative Fuel Program. This program provides funds for up to 80 percent of the incremental costs for the acquisition of original equipment manufactured alternative fuel vehicles or the conversion of existing or new fleet vehicles to an approved alternative fuel, provided that a certified conversion kit is used. Alternative fuel infrastructure projects may also be considered. A 20 percent matching commitment is required of all sponsors. Approximately $1.35 million has been allocated in FY 98 for projects within the eight county Houston-Galveston Nonattainment Area consisting of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. Application forms may be obtained at the H-GAC offices at 3555 Timmons Lane, Suite 500, Houston, or by contacting Mr. Thomason at (713) 993-4570. A workshop is scheduled for Tuesday, December 9, 1997 to assist sponsors on completing their proposals. H-GAC staff members will be available to answer questions about this program. This workshop will be held at H-GAC offices located at 3555 Timmons Lane, Houston, in the second floor Conference Room A, from 9:00 a.m. until 12:00 p.m. Please RSVP to Kim Green at (713) 993-4577, if you plan to attend. Issued in Austin, Texas, on November 18, 1997. TRD-9715519 Alan Clark MPO Director Houston-Galveston Area Council Filed: November 18, 1997 Texas Department of Human Services Notice of Public Hearing-Nursing Facility Medicaid Bed Moratorium Rules Texas Department of Human Services will conduct a public hearing to receive comments on the departments's amendment to its nursing facility Medicaid bed moratorium rule that appeared in the November 14, 1997, issue of the Texas Register (22 TexReg 11063). This rule allows additional Medicaid-certified beds to serve persons who were not eligible for Medicaid at the time they were originally admitted to the facility. The public hearing will be held on December 11, 1997, at 10:30 am in the Commissioner's area conference room, 6th Floor, West Tower, John H. Winters Building, 701 W. 51st Street, Austin, Texas. Contact Person: Please contact Paul Leche, MC W-615, P. O. Box 149030, Austin, Texas 78714-9030, (512) 438-3106. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Gail Calhoun, (512) 438-3518 by December 8, 1997, so that appropriate arrangements can be made. Issued in Austin, Texas, on November 19, 1997. TRD-9715576 Glenn Scott Agency Liaison, General Counsel Texas Department of Human Services Filed: November 19, 1997 Texas Department of Insurance Correction of Error The Texas Department of Insurance is changing the lettering of existing Title 28, Chapter 21, Subchapter K to Subchapter L to keep the numbering sequence in order. This is being done so Texas Department of Insurance may adopt the proposed new rules Title 28, Chapter 21, Subchapter K in the August 29, 1997 issue (22 TexReg 8597). Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in the State of Texas for DEALERS ASSURANCE COMPANY, a foreign property and casualty company. The home office is located in Upper Arlington, Ohio. Application for admission in the State of Texas for IMBI LTD., a foreign property and casualty company. The home office is located in Grand Cayman, British West Indies. Application for admission in the State of Texas for MOUNTAIN LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Alcoa, Tennessee. Application to change the name of THE STANDARD OF AMERICA LIFE INSURANCE COMPANY to NORTHWESTERN LONG TERM CARE INSURANCE COMPANY, a foreign life company. The home office is located in Milwaukee, Wisconsin. Application to change the name of MIDLAND PRESBYTERIAN HOMES DBA TRINITY TOWERS MANOR PARK to MANOR PARK, INC., a domestic CCRC company. The home office is located in Midland, Texas. Application to change the name of PROVIDIAN LIFE AND HEALTH INSURANCE COMPANY to PEOPLES BENEFIT LIFE INSURANCE COMPANY, a foreign life company. The home office is located in Jefferson City, Missouri. Application to change the name of PREFERRED RISK MUTUAL INSURANCE COMPANY to GUIDANT MUTUAL INSURANCE COMPANY, a foreign property and casualty company. The home office is located in West Des Moines, Iowa. Application to change the name of MIDWEST MUTUAL INSURANCE COMPANY to GUIDANT SPECIALTY MUTUAL INSURANCE COMPANY, a foreign property and casualty company. The home office is located in West Des Moines, Iowa. Application to change the name of PREFERRED RISK LIFE INSURANCE COMPANY to GUIDANT LIFE INSURANCE COMPANY, a foreign life company. The home office is located in West Des Moines, Iowa. Application to change the name of PREFERRED ABSTAINERS INSURANCE COMPANY to GUIDANT ABSTAINERS INSURANCE COMPANY, a foreign property and casualty company. The home office is located in West Des Moines, Iowa. Application to change the name of PREFERRED RISK LLOYDS INSURANCE COMPANY to GUIDANT LLOYDS INSURANCE COMPANY, a foreign Lloyds company. The home office is located in West Des Moines, Iowa. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on November 13, 1997. TRD-9715320 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: November 13, 1997 Notice Of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2327 scheduled for January 29, 1998 at 9:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual) Rule 74, to set the amount of the optional youth group member discount, as required by the Insurance Code, Article 5.03-5, enacted through House Bill 1498 of the 75th Texas Legislature. Staff's petition (Ref. Number A-1197-38-I) was filed on November 14, 1997. Staff proposes that a credit of 5% be adopted as the optional discount to be available under a new section J, "Youth Group Member Discount," to be added to Manual Rule 74 as shown in Exhibit A attached to staff's petition. The Insurance Code, Article 5.03-5 provides an insurer may grant a discount for certain automobile insurance premiums for members of certain youth groups if necessary qualifications are met. Article 5.03-5 provides the "commissioner by rule shall set the amount of the discount applicable under this article...." This new article applies to policies "delivered, issued for delivery, or renewed on or after January 1, 1998. The Insurance Code, Article 5.03-5 defines "Youth group" as a nonprofit organization that is chartered as a national or statewide organization that is run exclusively for youth recreational or educational purposes. The group must have, as part of its program, components relating to prevention of drug abuse, character development, citizenship training, and physical and mental fitness. The group must have been in existence for at least 10 years, and must have a membership of which at least 65 percent is younger than age 22. In order for an applicant to be eligible, among under requirements and restrictions, he or she must: (1) be licensed to drive in this state; (2) be a member of a youth group, including an adult leader, board member, or officer of the group; (3) be younger than 22 years of age or an adult leader, board member, of officer of the group; (4) have held a driver's license for at least three years on the date the application is filed; (5) have not, during the three years preceding the date of the application, been convicted of a violation of a traffic safety regulation that involves a moving vehicle; and (6) have not, during the three years preceding the date of the application, been found at fault in a motor vehicle accident. TDI's Technical Analysis Division recommends that a credit of 5% be established as the optional discount under Manual Rule 74.J. The proposed amount of credit is based on judgment, since no data concerning likely experience is known to exist. Once credible actual experience has been gathered, staff will propose any amendements to the amount of credit as deemed necessary. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. Number A-1197-38-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 19, 1997. TRD-9715554 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: November 19, 1997 Notice of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2326 scheduled for January 29, 1998 at 9:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), and the Texas Standard Provisions for Automobile Policies (the Standard Provisions), through changes to Amendatory Endorsements 593C and TE 00 40. Staff's petition (Ref. Number A-1197- 37-I) was filed on November 13, 1997. Staff proposes to amend Automobile Policy Endorsements 593C (applicable to the Personal Auto Policy) and TE 00 40 (applicable to the Business Auto, Garage and Truckers Coverage Forms). Endorsement 593C will become 593D and Endorsement TE 00 40 will become TE 00 40A. The proposal amends the physical damage coverage limit of liability to allow an insurer to waive the deductible, should there be one, when damage to glass is repaired rather than replaced. The proposal requires that the insurer and insured must mutually agree to the settlement option. The proposed amendments are shown in exhibits attached to the petition. The proposed amendments are enhancements without additional premium charge. Under policy liberalization clauses the proposed changes will become effective upon the effective date of the amendments, without policies having to be endorsed until future renewal dates. Since the early 1980's some insurers have been offering insureds the option of repair of glass damage rather than replacement, and waiving the deductible if the repair option was taken. Shortly after this practice was implemented questions were raised of possible statutory violations. These questions were addressed in Attorney General Opinion Number JM-218, dated October 24, 1984. Although the Opinion did not find the practice to be a direct violation of Article 5.06 of the Insurance Code, it outlined situations that would constitute violations: "We conclude that if such offers were made before a covered loss occurred, the practice would violate article 5.06(1) of the Insurance Code. Similarly, if the practice of waiving the comprehensive deductible in settlement after a loss occurred were prevalent enough to constitute a trade usage or custom, the practice would violate article 5.06(1)." The practice of waiving the deductible has continued since 1984. Staff has learned that one or more insurers have recently made a decision to discontinue the practice of offering the option of repairing glass damage due to a concern that the practice may constitute a violation of Article 5.06. Staff believes the practice of waiving the deductible when glass is repaired rather than replaced is good public policy. The insured benefits by not having to pay the deductible and the insurer benefits by holding down the cost of losses. The general insuring public benefits by the lower cost of losses, which holds down physical damage insurance rates. Staff also notes that one concern expressed in Attorney General Opinion Number JM-218 centered on whether the practice of waiving the comprehensive deductible after the loss could be considered a contract provision not written into an approved policy form or not otherwise approved by the Board. Staff believes that any concerns or reservations regarding the practice of allowing an insurer to waive a deductible when glass damage is repaired can be addressed by the approval of an amended endorsement that allows the insurer and insured to agree to the waiver of deductible and the glass repair. The proposed language accomplishes this purpose by providing that upon mutual agreement between the insurer and insured, the insurer will waive the applicable deductible for a glass loss if the glass is repaired rather than replaced. Requiring mutual agreement between the insurer and insured assures that the glass repair option will be utilized only when feasible and when it is acceptable to an insured. A copy of the petition containing the full text of the proposed amendments is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. Number A-1197-37-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 19, 1997. TRD-9715557 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: November 19, 1997 Notice Of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2325 scheduled for January 29, 1998 at 9:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), Rule 74.E.1., credit for young driver training. Staff's petition (Ref. Number A-1197-36-I) was filed on November 14, 1997. Staff proposes to amend Manual Rule 74.E.1. regarding the 10% credit given for young driver training, commonly referred to as "driver education." Staff proposes to add new forms of certificates (including 964-D and 964-E, Driver Education Certificates) to those currently listed as satisfactory evidence of course completion. Staff also proposes deletion from Rule 74.E.1. of the standards for these courses and instructors set forth in subsections, a, b, and, c as those standards are said to be no longer appropriate because of statutory changes and rule changes by other agencies of the state. Staff's petition includes an exhibit marked "Proposed" with the recommended changes, and an exhibit marked "Current" with the current wording in the rule. Senate Bill 964, passed by the 74th Texas Legislature in 1995 made numerous changes regarding driver education courses. One change allows the parent or legal guardian, hereafter referred to as "parent" to teach the course to his or her child or ward, rather than requiring the course to be taught by a certified instructor at a driver education school licensed by the Texas Education Agency (TEA) (including the Central Education Agency, the State Board of Education or the Commissioner of Education). Although Senate Bill 964 made this change by reciting the addition of Section 7A to Texas Civil Statutes, Article 6687b, that article was repealed during that same legislative session by adoption of the Transportation Code, of which Section 521.142 is the current applicable statute. That statute requires the Department of Public Safety (DPS) to administer parent-taught driver education, and DPS has adopted rules accomplishing that mission (37 TAC sec.sec. 18.21-18.24 and 18.31-18.33, all effective April 7, 1997). The Transportation Code, Section 521.142 provides in regard to parent-taught driver education, "(d) Completion of a driver training course approved under this section has the same effect under this Act as completion of a driver training course approved by the Central Education Agency." Staff has been advised by several members of the Texas Legislature that the legislative intent of this statutory provision is that parent-taught trainees are entitled to all privileges (such as insurance discounts) that are extended to driver education school trainees. Staff asserts that many factors in addition to the legislative intent as expressed by several legislators support extension of the insurance discount to parent-taught trainees. One factor is that DPS rules require the parent-teacher to use a DPS-approved course, which substantially meets or exceeds DPS's own model curriculum prescribed for parent-taught driver education, as well as the TEA "Driver Education Classroom and In-Car Instruction Curriculum Guide," which was initially developed for driver education schools. Furthermore, the parent- taught trainee must pass DPS tests for vision, road signs, and road rules before an instruction permit (restricted driver's license) is issued. Staff notes that the curriculum for parent-taught trainees under DPS rules must contain a minimum of 14 hours of in-car training, which is the same total required under TEA rules for school-taught trainees, though there are certain differences in the details of these requirements. Also, DPS rules for parents, like TEA rules for schools, require at least 32 hours of classroom instruction. Furthermore, Staff is informed that parent-taught trainees generally receive much more training than these minimum requirements. Staff has informally reviewed a privately developed course that has received DPS approval for parent-taught driver education, which requires a minimum of 70 hours behind-the-wheel instruction and 45 hours of classroom instruction. Staff also reviewed a study initiated by Advanced Traffic Technologies, Inc. concerning the effectiveness of parent-taught driver education. The study found that the average behind-the-wheel test score for students completing driver education school courses is 87 (out of 100 possible) compared to 94 for parent- taught students. The study also found that within the first 18 months after licensing, parent-taught students are involved in severe crashes less frequently than school-taught students. A severe crash is defined in the study to be one causing damage exceeding $3,000.00 and/or injuries resulting in hospitalization. Staff believes that the information outlined in its petition warrants the extension of the 10% credit, currently given to school-taught trainees, to parent-taught trainees. Staff's position is that the standards for driver education courses and instructors set forth in subsections, a, b, and c, of Rule 74.E.1. need to be deleted because they do not allow the credit for parent- taught driver training. Because all driver education courses and instructors (including parents) are regulated by other state agencies, the Texas Department of Insurance does not need to specify course standards nor to require certified instructors, according to Staff. Another result of Senate Bill 964 has been the development by the Texas Education Agency of two new forms, (pursuant to Texas Civil Statutes, Article 4413 (29c), Section 9A) issued as evidence of completion of driver education courses, namely, 964-D and 964-E, Driver Education Certificates. Staff indicates those new form designations need to be added to the current list of forms in Manual Rule 74.E.1. that serve as satisfactory evidence of course completion for purposes of the 10% insurance credit. Staff also proposes language to allow the use of any other form approved for this purpose by the Texas Education Agency. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. Number A-1197-36-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on November 19, 1997. TRD-9715558 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: November 19, 1997 Notice of Public Hearing for Private Passenger and Commercial Automobile Insurance Benchmark Rates Notice is hereby given that a hearing under Docket Number 454-97-2106.G will be held before an administrative law judge (ALJ) of the State Office of Administrative Hearings (SOAH) at 9:00 a.m. on January 28, 1998, and continuing thereafter at dates, times and places designated by the ALJ until conclusion. The purpose of the hearing is to establish benchmark rates for private passenger and commercial automobile insurance, including the spreading of the benchmark rates among relevant classifications and territories. The hearing will be held at SOAH, Suite 1100 of the Stephen F. Austin Office Building at 1700 N. Congress Avenue, Austin, Texas 78701. Authority, Jurisdiction and Statutes and Rules Involved The commissioner has jurisdiction and legal authority over the subject matter of this hearing pursuant to the Texas Insurance Code, Article 5.101. Pursuant to the Texas Insurance Code, Article 1.33B(b), SOAH shall conduct the hearing. Statutes involved include Articles 5.101 and 5.131 and Subchapter A of Chapter 5 of the Texas Insurance Code. The procedure of the hearing will be governed by Texas Insurance Code, Article 1.33B, the Rules of Practice and Procedure For Industry-Wide Rate Cases before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter L), the Rules of Practice and Procedure before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between the department and SOAH (Texas Administrative Code, Title 28, Chapter 1, sec.1.90), the Administrative Procedure Act (Texas Gov't Code, Ch. 2001) and SOAH's Rules of Procedure (Texas Administrative Code, Title 1, Chapter 155). Matters to be Considered The commissioner will consider testimony presented and information filed by insurers, the Office of Public Insurance Counsel and other interested parties relating to the determination of benchmark rates for private passenger and commercial automobile insurance, including the spreading of the benchmark rate among relevant classifications and territories. The commissioner has the statutory authority and duty pursuant to Article 5.101 of the Texas Insurance Code to promulgate a benchmark rate for each line of insurance subject to Article 5.101, including private passenger and commercial automobile insurance, after notice and hearing. Relevant data to be used in the rate case are available from the department. The commissioner shall set the benchmark rate for each subject line of insurance to produce a range that promotes stability and that produces rates that are just, reasonable, adequate and not excessive for the risks to which they apply, and not confiscatory. In promulgating the benchmark rate, the commissioner may give due consideration to the factors listed in Article 5.101, sec.3(c) of the Texas Insurance Code. The commissioner requests evidence on the following additional matters to be adduced at the hearing: 1. Factors other than actuarial rate indications which may be relevant in the setting of benchmark rates, including, but not limited to, the extent and nature of competition in Texas automobile insurance markets; the availability or lack of availability in Texas automobile insurance markets; the level and range of rates and rate changes among insurers in Texas automobile insurance markets; the extent of denials and restrictions of coverage in Texas automobile insurance markets; the number, nature and impact of new entries, mergers and exits by insurers from Texas automobile insurance markets; and the volume of cancellations and non-renewals in Texas automobile insurance markets. 2. Historical premiums written in rate regulated, non-rate regulated and surplus lines markets by line of insurance (private passenger or commercial automobile) and coverage (liability or physical damage) from 1990 through 1996. 3. Class and territory relativity methodologies and recommendations for all coverages, including review of big city and small city territory groupings to be used in developing rate indications by coverage, and territory. Provide analyses with and without Class 6A, 6B and 6C relativities set equal to Class 1A, 1B and 1C relativities, respectively. 4. Review of the actual historical rate of return of the property/casualty insurance industry on both a statutory accounting principles (SAP) and generally accepted accounting principles (GAAP) basis in comparison to prevailing short, medium and long-term interest rates, actual return on investments earned by investors in property/casualty insurance stock companies, actual GAAP return on equity earned by other industries, and actual GAAP return on equity by all industries combined. Provide the available data with any associated calculations and analyses. 5. The relative risk of the property/casualty insurance industry in comparison to other industries and all industries combined as viewed by an investor, defined as either a purchaser of stock or some other contributor of capital to the insurance enterprise. 6. The impact of the property/casualty insurance industry's debt to equity ratio and liabilities to equity ratio currently and over time on the recommendation for a target rate of return. If cost of capital considerations include reliance upon a sample group of companies, such reliance should be supported with information regarding: (a) the extent to which the sample companies have incorporated debt into their capital structures, and (b) the relative leverage of the property/casualty operating companies owned by the sample companies when compared with the property/casualty industry as a whole, with leverage measured by the ratio of premiums plus reserves (loss, loss adjustment, and unearned premium reserves) to consolidated policyholder surplus. 7.Review of the actual historical net investment income earned, including interest and dividends earned, and realized and unrealized capital gains, by the property/casualty insurance industry in comparison to prevailing short, medium and long-term interest rates. Provide the available data with any associated calculations and analyses. 8. Review of the historical premium to surplus and reserves to surplus ratios of the property/casualty insurance industry. Compare the recommended leverage ratios with those that would result from an allocation of total property/casualty industry surplus by line of insurance based upon the combination of net premiums earned plus mean net reserves. Discuss any additional adjustments necessary for Texas-specific variations in countrywide relationships. 9. Review of historical underwriting profit results for Texas and countrywide in the coverages for which underwriting profit provisions are recommended. 10. Review at least the most current ten years of comprehensive loss experience and provide estimates of catastrophe and non-catastrophe losses. Provide recommendations on methodologies for explicit consideration of catastrophe losses in comprehensive rate indications. 11. Review single limit of liability increased limits factors with consideration of changes in the mix of bodily injury and property damage liability premiums over time. Consider possible differences in these factors by territory or groups of territories. 12. Review the miscellaneous charges not addressed in the 1996 Machine Letter and Rate Bulletin for private passenger and commercial automobile rates to determine: (i) if they should be adjusted and (ii) if small dollar charges should be expressed as dollars and cents. 13. Review the physical damage deductible relativities. 14. Review the appropriate basic limit of coverage to be used in calculating commercial automobile rates. 15. Review the setting of PIP and medical payment rates on a class and territorial basis, as opposed to the size of the bodily injury liability rate. 16. Provide analysis and recommendations concerning treatment of pre- and post- tort reform data in closed claim reports (trend data), and experience per se. 17. Provide analysis of the extent to which insurers have adjusted reserves to reflect actual and anticipated effects of tort reform and implications regarding both the treatment of pre- and post-reform data and the possible impact on loss development factors. 18. Provide commentary on the appropriate benchmark rate effective date to use in adjusting premiums to current rate levels given the time lags companies have to implement the new benchmark rate. 19. Provide analysis of the effect of the flattening of TAIPA expenses on expense ratios used to develop voluntary automobile benchmark rates. 20. Provide commentary on the appropriate number of years of experience to be used to calculate rates for each coverage. 21. Provide analysis of the reasonability of the .04 increment between model year differentials in the current private passenger comprehensive and collision relativity tables. 22. Consider the establishment of an additional discount which would apply in instances where the number of qualifying insured vehicles in a household exceed the number of licensed drivers. Motions for Admission as a Party Anyone who wishes to participate in the hearing as a party must file a motion for admission as a party by 5:00 p.m. on December 15, 1997. Prehearing Conference An initial prehearing conference will be held before the ALJ at 9:00 a.m. on December 18, 1997, at SOAH, Suite 1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701. The prehearing conference will be held for the following purposes: 1. Ruling on all motions for admission of parties. 2. Setting the procedural deadlines for discovery, motions, and prefiled testimony. 3. Such other matters as will promote the orderly and prompt conduct of the hearing. Additional prehearing conferences will be scheduled as the ALJ deems necessary. Commissioner's Policies Pursuant to Texas Gov't Code sec.2001.058(c), the commissioner is required to provide the ALJ with a written statement of applicable rules and policies. The applicable procedural rules are set out above. The commissioner's policies regarding the setting of benchmark rates under Article 5.101 of the Texas Insurance Code are set out below. The purpose of this policy statement is to provide the ALJ and parties with notice regarding the types of evidence parties should present in the hearing. This policy statement, however, is not intended to limit the type of evidence a party may offer at the hearing. The pertinent commissioner's policies are as follows: 1. It is the commissioner's policy to consider all relevant evidence and issues in making a determination of rates. Detailed explanation of the commissioner's policies as applied to previous private passenger and commercial automobile benchmark rate cases are set out in Order 95-0282 (1994 benchmark); Order 96- 0592 (1995 benchmark); and Order 97-1105 (1996 benchmark). To assure a complete record, the commissioner requests the ALJ to: a) take judicial notice of: i) Rate Reduction Rules, 28 TAC sec.sec.5.14000 through 5.14011; ii) Commissioner's Order Number 95-0282, entitled "PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, BENCHMARK RATE & FLEXIBLE BANDS HEARING", dated March 28, 1995; iii) Commissioner's Order Number 96-0592, entitled "PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, BENCHMARK RATE HEARING", dated May 29, 1996; iv) Commissioner's Order Number 97-1105, entitled, "PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE BENCHMARK RATE HEARING", dated November 3, 1997; and b) ensure that exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, are submitted and are made available in both paper and electronic format. The electronic format should be 3.5 inch high- density diskette in a DOS or Windows spreadsheet or other format readable by a machine running DOS or Windows. Parameters, assumptions and references to underlying data should be identifiable in the electronic exhibits. 2. It is the commissioner's policy that the benchmark rate need not equal the actuarial indication for any particular coverage, class and territory. The actuarial indication is an important consideration, but other factors, such as those identified in Article 5.101, may be used if such action better achieves the goal of promoting stability and producing rates that are just, reasonable, adequate, and not excessive for the risks to which they apply, and not confiscatory. 3. It is the commissioner's policy that so-called "Fast Track" data reports not be used directly in the rate development analysis. Trend analysis should rely upon trend data reported to the department and provided by the department to the parties. Fast Track data are not intended for ratemaking and represent only a portion of industry experience. 4. It is the commissioner's policy that if underwriting profit provisions are calculated to reflect a target return on equity measured under GAAP, estimates of future expense ratios, to the extent these estimates are based upon historical expense experience, shall be based upon historical ratios of expenses to written premiums. Alternatively, if estimates of future expenses are based upon historical ratios of expenses to earned premium, then the underwriting profit provision shall be adjusted in consideration of expected increases in prepaid expenses which are recognized as an asset under GAAP. 5. It is the commissioner's policy that prospective premium and loss trends should be of equal periods of time. Conduct of the Hearing Each page of any exhibit offered in evidence at a hearing before the Commissioner, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three- hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example: Public Hearing before the Commissioner of Insurance Subject of Hearing: Benchmark Rate for Private Passenger and Commercial Automobile Insurance Docket Number _____________ Date: ___________________ Exhibit # _________________ Description of Exhibit _____________ Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following: 1. The original exhibit, which will be tendered to the ALJ for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness. 2. One copy each for every other party admitted to the hearing. All deadlines in this notice are subject to change at the ALJ's discretion to the extent permitted by statute and rule. In contested cases, all parties are entitled to the assistance of their counsel before administrative agencies. This right may be expressly waived. Issued in Austin, Texas, on November 19, 1997. TRD-9715583 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: November 19, 1997 Notice of Public Hearing Residential Property Insurance Benchmark Rate Setting And Windstorm Insurance Association Rate Setting Notice is hereby given that a hearing under Docket Number 454-97-2107.G will be held before an administrative law judge (ALJ) of the State of Administrative Hearings at 9:00 a.m. on February 17, 1998, and continuing thereafter at dates, times and places designated by the ALJ until conclusion. The purpose of the hearing is to establish benchmark rates for Residential Property, Homeowners and Dwelling Insurance and the setting of rates for residential insurance written by the Texas Windstorm Insurance Association. The hearing will be held at the State Office of Administrative Hearings, Suite 1100, of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701. Authority, Jurisdiction and Statutes and Rules Involved The hearing is being held under the statutory authority of Article 5.101 of the Texas Insurance Code (Flexible Rating Program for Certain Insurance Lines) and Article 21.49 of the Texas Insurance Code. Pursuant to Article 1.33B(b) of the Texas Insurance Code, the State Office of Administrative Hearings shall conduct the hearing. Statutes involved include Article 5.101, subchapter C of Chapter 5, and Article 21.49. The procedure of the hearing will be governed by the Texas Insurance Code, Article 1.33B, the Rules of Practice and Procedure For Industry-Wide Rate Cases before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter L), the Rules of Practice and Procedure before the department (Texas Administrative Code, Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between the department and the State Office of Administrative Hearings (Texas Administrative Code, Title 28, Chapter 1, sec.1.90) and the Administrative Procedure Act (Texas Gov't Code, Ch. 2001). Matters to be Considered The commissioner will consider testimony presented and information filed by insurers, the Office of Public Insurance Counsel and other interested parties relating to the determination of benchmark rates for Residential Property, Homeowners and Dwelling Insurance and the setting of rates for non-commercial insurance written by the Texas Windstorm Insurance Association. The commissioner has the statutory authority and duty pursuant to Article 5.101 to promulgate a benchmark rate for each line of insurance subject to Article 5.101, including Residential Property, Homeowners and Dwelling Insurance, after notice and hearing. The commissioner has the statutory authority and duty pursuant to Article 21.49 to promulgate non-commercial rates, rating plans, and rate rules for the Texas Windstorm Insurance Association. Relevant data to be used in the rate case are currently available from the department. The commissioner shall set the benchmark rate for each subject line of insurance to produce a range that promotes stability and produces rates that are just, reasonable, adequate and not excessive for the risks to which they apply, and not confiscatory. In determining the benchmark rate the commissioner may give due consideration to the factors listed in Article 5.101, sec.3(c). The rating factors for insurance written by the Texas Windstorm Insurance Association are set out in Article 21.49, sec.8. The commissioner requests evidence on the following additional matters to be adduced at the hearing: 1. Factors other than actuarial rate indications which may be relevant in the setting of benchmark rates including, but not limited to, the extent and nature of competition in Texas residential property insurance markets; the availability or lack of availability in Texas residential property insurance markets; the level and range of rates and rate changes among insurers in Texas residential property insurance markets; the extent of denials and restrictions of coverage in Texas residential property insurance markets; and the number, nature and impact of new entries, mergers and exits by insurers from Texas residential property insurance markets. 2. Historical premiums written in rate-regulated, non-rate regulated and surplus lines markets by coverage (for example, homeowners, tenants, dwelling, extended coverage) from 1988 through 1996. 3. Review of the actual historical rate of return of the property/casualty insurance industry on both a statutory accounting principles (SAP) and generally accepted accounting principles (GAAP) basis in comparison to prevailing short, medium and long-term interest rates, actual return on investments earned by investors in property/casualty insurance stock companies, actual GAAP return on equity earned by other industries, and actual GAAP return on equity by all industries combined. Provide the available data with any associated calculations and analyses. 4. Review of historical underwriting profit results for Texas and countrywide in the coverages for which underwriting profit provisions are recommended. 5. Analysis and recommendations for measures that promote access to insurance for underserved areas. 6. Review of the actual historical net investment income earned, including interest and dividends earned, and realized and unrealized capital gains, by the property/casualty insurance industry in comparison to prevailing short, medium and long-term interest rates. Provide the available data with any associated calculations and analyses. 7. Review of the historical premium to surplus and reserves to surplus ratios of the property/casualty insurance industry. Compare the recommended leverage ratios with those that would result from an allocation of total property/casualty industry surplus by line of insurance based upon the combination of net premiums earned plus mean net reserves. Discuss any additional adjustments necessary for Texas-specific variations in countrywide relationships. 8. The relative risk of the property/casualty insurance industry in comparison to other industries and all industries combined as viewed by an investor, as defined as either a purchaser of stock or some other contributor of capital to the insurance enterprise. 9. A discussion of how capital market catastrophe risk transfers do change, or may change, the riskiness of property insurance in the Texas property insurance market, and how changes in the distribution of property exposures have affected the riskiness of property insurance markets in Texas as compared to property exposure distributions in past years. 10. The impact of the property/casualty insurance industry's debt to equity ratio and liabilities to equity ratio currently and over time on the recommendation for a target rate of return. If cost of capital considerations include reliance upon a sample group of companies, such reliance should be supported with information regarding: (a) the extent to which the sample companies have incorporated debt into their capital structures, and (b) the relative leverage of the property/casualty operating companies owned by the sample companies when compared with the property/casualty industry as a whole, with leverage measured by the ratio of premiums plus reserves (loss, loss adjustment, and unearned premium reserves) to consolidated policyholder surplus. 11. A thorough review of the current system of assignment of counties to territories, last modified in 1991, is requested, to identify any inequities which should be corrected. Recommendations should address both assignments of counties to territories, and any needed adjustments to zone boundaries, if any are recommended. This inquiry applies to the following coverages: Homeowners, Extended Coverage, Additional Extended Coverage, and Physical Loss Form. 12. Analysis and recommendations for geographically-based rate relativities including, but not limited to, territorial relativities, by coverage. Analysis and recommendations for the appropriate weight for state, zone, and territory experience in selecting geographically-based rate relativities. 13. An actuarial analysis of the use of internal residential property data in loss trending given the volatility of the trend indications when derived from such data in past benchmark rate proceedings, including the possibility of trend analysis by cause of loss within coverage, as well as an analysis of the use of frequency trends in conjunction with external trend data. 14. An actuarial analysis of the trending of premiums, and the logical consistency of the premium trending procedures that have been used in recent benchmark proceedings with the use of external trend indices, changes in which may bear little relationship with changes in the amounts of insurance purchased. 15. A review of the effect on rate indications of the changing mix of deductibles purchased and the feasibility of adjusting all experience used in ratemaking to the current 1% deductible base rate level. 16. An actuarial review of the reasonability of the current amount of insurance rate relativity curves used for rating Homeowners Insurance policies. 17. Recommendations for the appropriate charges for the various deductible amounts less than the base 1% deductible for residential property insurance other than Homeowners Insurance currently authorized in the Texas Personal Lines Manual. 18. An actuarial analysis of procedures used to reflect catastrophes in residential property ratemaking including both traditional ratemaking approaches where all catastrophes are reflected in a single adjustment and approaches where hurricane losses and other windstorm and hail losses are considered separately, and the effect of such approaches at the zone and territory level. 19. Analysis and recommendations concerning treatment of pre- and post-tort reform data in closed claim reports (trend data) and experience per se for both homeowners and tenants. 20. Analysis of the extent to which insurers have adjusted reserves to reflect actual and anticipated effects of tort reform and implications regarding both the treatment of pre- and post-reform data and the possible impact on loss development factors. 21. Commentary on the appropriate benchmark rate effective date to use in adjusting premiums to current rate levels given the time lags companies have to implement the new benchmark rate. Motions for Admission as a Party Anyone who wishes to participate in the hearing as a party must file a motion for admission as a party by 5:00 p.m. on January 5, 1998. Pre-Hearing Conference An initial prehearing conference will be held before the ALJ at 9:00 a.m. on January 8, 1998, at the State Office of Administrative Hearings, Suite 1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701. The prehearing conference will be held for the following purposes: (1) ruling on the motions for admission of parties; (2) setting the procedural deadlines for discovery, motions, and prefiled testimony; (3) such other matters as may aid in the simplification of the proceedings. Additional prehearing conferences will be scheduled as the ALJ deems necessary to rule on other matters as may aid in the simplification of the proceedings. Commissioner's Policies Pursuant to Texas Gov't Code sec.2001.058(c), the commissioner is required to provide the ALJ with a written statement of applicable rules and policies. The applicable procedural rules are set out above. The commissioner's policies regarding the setting of benchmark rates under Article 5.101 of the Texas Insurance Code are set out below. The purpose of this policy statement is to provide the ALJ and parties with notice regarding the types of evidence parties should present in the hearing. This policy statement, however, is not intended to limit the type of evidence a party may offer at the hearing. The pertinent commissioner's policies are as follows: 1. It is the commissioner's policy to consider all relevant evidence and issues in making a determination of rates. Detailed explanation of the commissioner's policies as applied to previous homeowner's benchmark rate cases are set out in Order 95-0525 as amended nunc pro tunc by Order 95-0614 (1994 benchmark); Order 96-0836 as amended nunc pro tunc by Order 96-1047 (1995 benchmark); and Order 97-0840 (1996 benchmark). To assure a complete record, the commissioner requests the ALJ to: a) take judicial notice of i) 28 Texas Administrative Code sec.sec.5.14000- 5.14011 (frequently referred to as the "Temporary Rate Reduction Rules"), as adopted by the commissioner; ii) Commissioner's Order Number 95-0525, entitled "RESIDENTIAL PROPERTY, HOMEOWNERS, DWELLING, FARM & RANCH OWNERS AND CATASTROPHE PROPERTY INSURANCE BENCHMARK RATES, RATES AND FLEXIBILITY BANDS", dated May 29, 1995, as amended nunc pro tunc by Commissioner's Order Number 95-0614, entitled "RESIDENTIAL PROPERTY, HOMEOWNERS, DWELLING, FARM & RANCH OWNERS AND CATASTROPHE PROPERTY INSURANCE BENCHMARK RATES, RATES AND FLEXIBILITY BANDS", dated July 21, 1995; iii) Commissioner's Order Number 96-0836, entitled, "RESIDENTIAL PROPERTY, HOMEOWNERS, DWELLING, FARM & RANCH, FARM & RANCH OWNERS AND RATES FOR CATASTROPHE PROPERTY INSURANCE", and dated July 29, 1996, as amended nunc pro tunc by Commissioner's Order Number 96-1047, entitled, "RESIDENTIAL PROPERTY, HOMEOWNERS, DWELLING, FARM & RANCH, FARM & RANCH OWNERS AND RATES FOR CATASTROPHE PROPERTY INSURANCE", dated September 12, 1996; iv) Commissioner's Order Number 97-0840, entitled, "BENCHMARK RATES FOR RESIDENTIAL PROPERTY: HOMEOWNERS, TENANTS, DWELLING FIRE, EXTENDED COVERAGE, ADDITIONAL EXTENDED COVERAGE AND PHYSICAL LOSS FORM", dated August 21, 1997; and b) ensure that exhibits accompanying testimony from the parties' witnesses are submitted and are made available in both paper and electronic format. The electronic format should be 3.5 inch high-density diskette in a DOS or Windows spreadsheet or other format readable by a machine running DOS or Windows. Parameters, assumptions and references to underlying data should be identifiable in the electronic exhibits. 2. It is the commissioner's policy that the benchmark rate need not equal the actuarial indication for any particular coverage, class and territory. The actuarial indication is an important consideration, but other factors, such as those specified in Article 5.101, may be used if such action better achieves the goal of promoting stability and producing rates that are just, reasonable, adequate, and not excessive for the risks to which they apply, and not confiscatory. 3. It is the commissioner's policy that so-called "Fast Track" data reports not be used directly in the rate development analysis. To the extent trend analysis relies upon actual historical loss experience, such analysis should rely upon trend data reported to the department and provided by the department to the parties. Fast Track data are not intended for ratemaking and represent only a portion of the industry's experience. 4. It is the commissioner's policy that if underwriting profit provisions are calculated to reflect a target return on equity measured under GAAP, estimates of future expense ratios, to the extent these estimates are based upon historical expense experience, shall be based upon historical ratios of expenses to written premiums. Alternatively, if estimates of future expenses are based upon historical ratios of expenses to earned premium, then the underwriting profit provision shall be adjusted in consideration of expected increases in prepaid expenses which are recognized as an asset under GAAP. 5. It is the commissioner's policy that prospective premium and loss trends should be of equal periods of time. Conduct of the Hearing Each page of any exhibit offered in evidence at a hearing before the commissioner, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three- hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner of Insurance and should identify the subject of the hearing, the docket number, the date of the hearings, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example: Public Hearing before the Commissioner of Insurance Subject of Hearing: Residential Property Insurance Benchmark Rate Setting And Texas Windstorm Insurance Association Rate Setting Docket Number ____________ Date: _____________ Exhibit # __________ Description of Exhibit __________ Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following: 1. the original exhibit, which will be tendered to the ALJ for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness; and 2. one copy each for every other party admitted to the hearing. All deadlines in this notice are subject to change at the ALJ's discretion to the extent permitted by statute and rule. In contested cases, all parties are entitled to the assistance of their counsel before administrative agencies. This right may be expressly waived. Issued in Austin, Texas, on November 19, 1997. TRD-9715582 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: November 19, 1997 Third Party Administrator Applications The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration. Application for admission to Texas of WorldNet Services Corp., a foreign third party administrator. The home office is Boca Raton, Florida. 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 November 19, 1997. TRD-9715581 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: November 19, 1997 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing on Medicaid Rates Texas Department of Mental Health and Mental Retardation and Texas Health and Human Services Notice of Public Hearing on Medicaid Rates The Texas Department of Mental Health and Mental Retardation (TDMHMR) and the Texas Health and Human Services Commission will jointly conduct a public hearing to receive comments on proposed reimbursements for the following Medicaid programs: state-operated campus-based Intermediate Care Facilities for the Mentally Retarded (ICF/MR) rates effective September 1, 1997, through December 31, 1997; state-operated small ICF/MR rates effective September 1, 1997, through December 31, 1997; and Lone Shadow, a state-operated small ICF/MR rate effective September 25, 1997, through December 31, 1997. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The public hearing will be held at 8:30 a.m., Monday, December 8, 1997, in the auditorium of the main TDMHMR Central Office building (Building 2) at 909 West 45th Street in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at (512) 206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas, on November 19, 1997. TRD-9715578 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: November 19, 1997 Texas Natural Resource Conservation Commission Corrections of Error The Texas Natural Resource Conservation Commission adopted new 30 TAC sec.sec.122.210-122.213, 122.215-122.217, 122.219-122.221, 122.410, 122.412, 122.414, 122.501-122.506, and 122.508. The rules appeared in the October 31, 1997, issue of the Texas Register, (22 TexReg 10725, 10733, 10735). On page 10725, sec.122.219(2), the word "or" should be removed the second time it is used ("...and the applicable requirement [or] has not been revised...") On page 10733, sec.122.412(2), the words ", except for early election units" at the end of the sentence should be deleted. On page 10735, sec.122.503(a)(2), the word "or" should be added after the semi- colon. Enforcement Orders An agreed order was entered regarding DORSETT BROTHERS CONCRETE SUPPLY, INC., Docket Number 97-0341-AIR-E (Account Number 93-3444-F) on November 11, 1997 assessing $5,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512)239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TRADE RITE AUTO SALES, Docket Number 97- 0389-AIR-E (Account Number MQ-0292-F) on November 11, 1997 assessing $500. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Jennings, Enforcement Coordinator at (512)239-1864, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding COLUMBIA MANUFACTURING CORPORATION, Docket Number 97-0660-AIR-E (Account Number NB-0073-B) on November 11, 1997 assessing $500. in administrative penalties with $100. deferred. Information concerning any aspect of this order may be obtained by contacting David Edge, Enforcement Coordinator at (512)239-1779, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TEXAS AUTO CONCEPTS - MCKINNEY, INCORPORATED, Docket Number 97-0731-AIR-E (Account Number CP-0308-W) on November 11, 1997 assessing $500. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary Jennings, Enforcement Coordinator at (512)239-1864, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NORTHERN NATURAL GAS COMPANY, Docket Number 97-0508-AIR-E (Account Number PE-0028-I) on November 11, 1997 assessing $54,750 in administrative penalties with $10,950 deferred. Information concerning any aspect of this order may be obtained by contacting Kevin Cauble, Enforcement Coordinator at (512)239-1874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding NORTH TEXAS AUTO BROKERS, Docket Number 97-0688-AIR-E (Account Number DF-0301-J, Enforcement ID Number 97078) on November 11, 1997 assessing $1,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney at (512)239-2940 or David Edge, Enforcement Coordinator at (512) 239-1779, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding KENT FROELICH COMPANY, Docket Number 97- 0053-AIR-E (Account Number DF-0303-F) on November 11, 1997 assessing $4,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kara Salmanson, Staff Attorney at (512)239-1738 or David Edge, Enforcement Coordinator at (512)239-1779, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding BOURG TRAILER INDUSTRIES, INCORPORATED, Docket Number 96-1820-AIR-E (Account Number JE-0692-C) on November 11, 1997 assessing $12,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, Staff Attorney at (512)239-2940 or Carl Schnitz, Enforcement Coordinator at (512)239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding KEITH A. REYNOLDS, Docket Number 96-0663- OSI-E (Certificate Number 2561) on November 11, 1997 assessing $2,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512)239-0477 or Robert Brach, Enforcement Coordinator at (512) 239-1136, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GROVETON, CITY OF, Docket Number 96-1237- PWS-E (PWS Number 2280001) on November 11, 1997 assessing $7,495 in administrative penalties with $2,248 deferred. Information concerning any aspect of this order may be obtained by contacting Bhaskar Reddi, Enforcement Coordinator at (512)239-6646, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PARADISE, CITY OF, Docket Number 97-0154- PWS-E (PWS Number 2490010) on November 11, 1997 assessing $4,100 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Terry Thompson, Enforcement Coordinator at (512)239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding WANDA BROWN DBA HIDE-A-WAY HARBOR, Docket Number 97-0596-PWS-E (PWS Number 2500057) on November 11, 1997 assessing $1,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736 or Terry Thompson, Enforcement Coordinator at (512)239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding WANDA C. RICHEY DBA RICHEY'S MOBILE HOME PARK, Docket Number 96-1612-PWS-E (PWS Number 0680057) on November 11, 1997 assessing $630. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Barbara Lazard, Staff Attorney at (512)239-0674 or Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding ROBERT CRAFT DBA STIFF CREEK MOBILE HOME PARK, Docket Number 96-1974-PWS-E (PWS Number 0430073) on November 11, 1997 assessing $2,840 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, Staff Attorney at (512)239-2195 or Tom Napier, Enforcement Coordinator at (512)239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding EDWARD LINTON, SR. DBA WOODLANDS WEST WATER SYSTEM, Docket Number 96-1650-PWS-E (PWS Number 0260043, CCN Number 12661, Enforcement ID Number 6159) on November 11, 1997 assessing $630. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736 or Katherine Wheatley, Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NEEDVILLE INDEPENDENT SCHOOL DISTRICT, Docket Number 97-0239-MWD-E (Permit Number 12010-001) on November 11, 1997 assessing $16,280 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lin Zhang, Enforcement Coordinator at (512)239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding DAYTON, CITY OF, Docket Number 97-0268- MWD-E (Permit Number 10564-003) on November 11, 1997 assessing $13,040 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Roxanne Cook, Enforcement Coordinator at (512)239-4496, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ROLLING CREEK UTILITY DISTRICT, Docket Number 97-0361-MWD-E (Permit Number 12841-001) on November 11, 1997. Information concerning any aspect of this order may be obtained by contacting Lin Zhang, Enforcement Coordinator at (512)239-4497, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MERTENS, CITY OF, Docket Number 97-0582- MWD-E (Permit Number 13271-001) on November 11, 1997. Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512)239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding EL PASO, CITY OF, Docket Number 97-0171- IWD-E (Registration Number L-98827) on November 11, 1997 assessing $6,520 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Merrilee Mears, Enforcement Coordinator at (512)239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding HIDALGO COUNTY, Docket Number 96-1864-MSW- E (Permit Number 1727) on November 11, 1997 assessing $45,600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Linda Sorrels, Staff Attorney at (512)239-3408 or Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MANUEL GARCIA, JR., Docket Number 97-0456- PST-E (Facility Number 40775, Enforcement ID Number E11309) on November 11, 1997 assessing $1,800 in administrative penalties with $360. deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512)239-0600 or Srini Kusumanchi, Enforcement Coordinator at (512)239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KIVA OIL COMPANY AND MICHAEL CLARK, Docket Number 96-1689-PST-E (Facility Number 8331, Enforcement ID Number 5464) on November 11, 1997 assessing $600. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512)239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KIVA OIL COMPANY AND MR. JULIO DEL LA CRUZ, Docket Number 96-1731-PST-E (Facility Number 8343, Enforcement ID Number 5468) on November 11, 1997 assessing $600. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512)239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KIVA OIL COMPANY, Docket Number 96-1690 PST-E (Facility Number 8358, Enforcement ID Number 5470) on November 11, 1997 assessing $3,400 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Mick Wilson, Enforcement Coordinator at (512)239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MR. ABKER ALI VIRANI AND MANSOOR VIRANI, Docket Number 96-1258-PST-E (Facility Number 40177, Enforcement ID Number 4964) on November 11, 1997 assessing $10,600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512)239-0573, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CAMPBELL GAS AND OIL COMPANY, Docket Number 96-0747-PST-E (Facility Number 54154, Enforcement ID Number E10769) on November 11, 1997 assessing $256,000 in administrative penalties with $120,000 deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512)239-0477 or Connie Wong, Enforcement Coordinator at (512) 239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NATIONAL LINEN SERVICE, Docket Number 97- 0212-PST-E (Facility Number 15517, Enforcement ID Number 4383) on November 11, 1997 assessing $3000. in administrative penalties with $600. deferred. Information concerning any aspect of this order may be obtained by contacting Ray Winter, Staff Attorney at (512) 239-0477 or Srini Kusumanchi, Enforcement Coordinator at (512)239-5874, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding MR. KARIM MOMIN, Docket Number 96-1044- PST-E (Facility Nos. 45705 & 28161, Enforcement ID Nos. 5092 & 4659) on November 11, 1997 assessing $25,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512)239-0573 or Connie Wong, Enforcement Coordinator at (512) 239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding RICHWOOD HOUSTON, INCORPORATED, Docket Number 96-1092-PST-E (Facility Number 29595 & 27987, Enforcement ID Nos. 4689 & 4656) on November 11, 1997 assessing $21,600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, Staff Attorney at (512)239-0573 or Connie Wong, Enforcement Coordinator at (512) 239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on November 18, 1997. TRD-9715524 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: November 18, 1997 Applications for Waste Disposal/Discharge Permits Attached are Notices of Applications for waste disposal/discharge permits issued during the period of November 10th through November 14, 1997. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of the notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, type of application-new permit, amendment, or renewal and permit number. UNITED STATES DEPARTMENT OF THE AIR FORCE, SA-ALC/EM, 307 Tinker Drive, Building 306, Kelly Air Force Base, Texas 78241; the base is located south of Military Drive and 100 feet north of Leon Creek and 2640 feet east of the intersection of Leon Creek and Military Drive, southwest of the City of San Antonio, Bexar County, Texas; new; Permit Number 03955. Issued in Austin, Texas, on November 18, 1997. TRD-9715525 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: November 18, 1997 Notice of Award The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of a consulting services contract award for the development of a monitoring strategy for the Corpus Chrisiti Bay National Estuary Program (CCBNEP) Coastal Bend Bays Plan. The notice for request for proposals was published in the August 22, 1997, issue of the Texas Register. Description of Services. The consultant will provide information and advice to the Corpus Christi Bay National Estuary Program regarding how to develop a monitoring strategy. The monitoring strategy will provide the means to evaluate the effectiveness of the Coastal Bay Bends Plan. The following major products will be produced: Quarterly Progress Reports; Final Report, June 30, 1998. Effective Date and Value of Contract. The contract will be effective from November 14, 1997, until August 31, 1998. The total cost of the contract is $80,000. Name of the Contractor. The contract has been awarded to the Espey Huston & Associates Espey, Huston & Associates, Inc., 206 Wild Basin Road, Suite 300, Austin, Texas 78746. Persons who have questions concerning this award may contact Richard Volk, Corpus Christi Bay National Estuary Program, Natural Resources Center, Suite 3300, 6300 Ocean Drive, Corpus Christi, Texas 78412, (512) 980-3420. Issued in Austin, Texas, on November 17, 1997. TRD-9715517 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: November 18, 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 under the Texas Water Code, 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 December 28, 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 under 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 December 28, 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: Carrol R. Robinson; DOCKET NUMBER: 96-1211-PST-E; ACCOUNT NUMBER: Enforcement ID Number (EIN) 4411 (Formerly E11612); LOCATION: Texarkana, Bowie County, Texas; TYPE OF FACILITY: underground storage tank (UST) facility; RULE VIOLATED: 30 TAC sec.334.50(b)(2)(B) by failing to provide proper release detection for the gravity flow piping associated with his UST system; 30 TAC sec.334.50(d)(1)(B)(I) by failing to maintain inventory control procedures in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory; 30 TAC sec.334.50(d)(1)(B)(ii) by failing to conduct reconciliation of inventory control records; 30 TAC sec.334.50(e)(2)(C) by failing to maintain records of the results of all manual and/or automatic methods of sampling, testing, or monitoring for release for at least five years after the sampling, testing, or monitoring is conducted; 30 TAC sec.334.51(b)(2)(A) by failing to provide proper tight-fill fittings for his UST systems; 30 TAC sec.334.51(b)(2)(B) by failing to provide proper spill containment equipment for his UST systems; 30 TAC sec.334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for his UST systems; 30 TAC sec.334.50(b)(1)(A) by failing to provide proper release detection for his USTs; 30 TAC sec.334.50(b)(2)(A) by failing to provide proper release detection for the pressurized piping associated with his UST systems; 30 TAC sec.334.22(a) by failing to pay annual facility fees for the USTs at the time and in the manner and amount provided by 30 TAC Chapter 334, Subchapter B; and 30 TAC sec.334.70(d)(3) by failing to amend the TNRCC UST Registration Form for the facility after a change in service of the USTs; PENALTY: $18,000; STAFF ATTORNEY: Lisa Newcombe, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701- 3756, (903) 535-5100. (2) COMPANY: Gloria Vera; DOCKET NUMBER: 97-0622-PST-E; ACCOUNT NUMBER: EIN 5244; LOCATION: Pharr, Hidalgo County, Texas; TYPE OF FACILITY: UST; RULE VIOLATED: 30 TAC sec.334.54(d)(1)(B) by failing to permanently remove from service USTs which have been out of service for longer than 12 months; and 30 TAC sec.334.22(a) by failing to pay annual UST fees; PENALTY: $3,200; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (956) 425-6010. (3) COMPANY: Highness, Inc.; DOCKET NUMBER: 97-0187-PST-E; ACCOUNT NUMBER: EIN 5663; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: three UST facilities; RULE VIOLATED: 30 TAC sec.334.7(a)(1) by failing to register with the commission the USTs in existence at the facility on or after September 1, 1987; 30 TAC sec.115.242(9) and Texas Health and Safety Code (the Code), sec.382.085(b) by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II vapor recovery system; 30 TAC sec.115.246(1) and the Code, sec.382.085(b) by failing to maintain a copy of the California Air Resources Board Executive Order(s) for the Stage II vapor recovery system and any related components installed at the facility; 30 TAC sec.115.246(3) and the Code, sec.382.085(b) 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; 30 TAC sec.115.246(4) and the Code, sec.382.085(b) by failing to maintain 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; 30 TAC sec.115.246(5) and the Code, sec.382.085(b) by failing to maintain a record of the results of testing conducted at the motor vehicle fuel dispensing facility; and 30 TAC sec.115.246(6) and the Code, sec.382.085(b) by failing to maintain a record of the results of the daily inspections conducted at the motor vehicle fuel dispensing facility; PENALTY: $5,400; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (4) COMPANY: Mehboob Ali Momin dba KMS Kwik Stop No. 2; DOCKET NUMBER: 97-0302- PWS-E; ACCOUNT NUMBER: PWS Number 0790177; LOCATION: Richmond, Fort Bend County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.106 and the Code, sec.341.033(d) by failing to submit water samples for bacteriological analysis for eight monthly sampling periods; PENALTY: $980; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239- 3400; REGIONAL OFFICE: 5425 Polk Avenue, Houston, Texas 77023-1486 (713) 767- 3500. (5) COMPANY: Producers Grain and Supply of Rochester, Inc.; DOCKET NUMBER: 97- 0712-PST-E; ACCOUNT NUMBER: EIN 11449 (Formerly E11732); LOCATION: Rochester, Haskell County, Texas; TYPE OF FACILITY: UST facility; RULE VIOLATED: Texas Water Code, sec.26.121(a)(3) by committing an act or engaging in an activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of any of the water in the state; 30 TAC sec.334.73 by failing to conduct an investigation to determine if its UST systems are the source of off-site impacts; 30 TAC sec.334.79 by failing to conduct phase-separated product removal to the maximum extent practicable; 30 TAC sec.334.11(a)(1) by failing to submit additional documentation and data to adequately demonstrate compliance with the applicable provisions of Chapter 334; 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; 30 TAC sec.334.7(d)(3) by failing to provide written notice to the executive director of change in the operational status of a UST system; and 30 TAC sec.334.127(a)(1) by failing to register with the TNRCC all Aboveground Storage Tanks in existence on or after September 1, 1989; PENALTY: $366,650; STAFF ATTORNEY: Lisa Newcombe, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 209 South Danville, Suite 8200, Abilene, Texas 79605-1451, (915) 698-9674. (6) COMPANY: Than Mai Chan dba Handi Plus; DOCKET NUMBER: 97-0209-PWS-E; ACCOUNT NUMBER: PWS Number 1012929; EIN 6593; LOCATION: Houston Harris County, Texas; TYPE OF FACILITY: public drinking water system; RULE VIOLATED: 30 TAC sec.290.106 and the Code, sec.341.033(d) by failing to submit water samples for bacteriological analysis for six monthly sampling periods; PENALTY: $880; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: 5425 Polk Avenue, Houston, Texas 77023-1486 (713) 767-3500. Issued in Austin, Texas, on November 19, 1997. TRD-9715580 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: November 19, 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 type-name="italic">Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 28, 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 December 28, 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: Bellewood Water Supply Corporation; DOCKET NUMBER: 97-0710-PWS-E; IDENTIFIER: Public Water Supply Number 1011945; LOCATION: Spring, Harris 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: $630; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (2) COMPANY: Blocker-Crossroads Water Supply Corporation; DOCKET NUMBER: 97- 0594-PWS-E; IDENTIFIER: Public Water Supply Number 1020077; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: public water supply; 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 supply system for lead and copper analysis; and 30 TAC sec.291.76 and the Code, sec.13.451, by failing to pay the regulatory assessment fee; PENALTY: $930; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (3) COMPANY: City of Alamo Heights, City of Castle Hills, City of Hollywood Park, City of Olmos Park, City of Terrell Hills and Crestmore, Inc.; DOCKET NUMBER: 97-0522-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 505; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC sec.330.5(c), by failing to prevent unauthorized waste dumping at the facility; 30 TAC sec.330.116, by failing to properly control access to the facility; and 30 TAC sec.330.251, by failing to properly close the facility; PENALTY: $8,448; ENFORCEMENT COORDINATOR: Tim Haase, (512) 239-6007; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (4) COMPANY: The City of Newark; DOCKET NUMBER: 97-0332-MWD-E; IDENTIFIER: Permit Number 11626-001; LOCATION: Newark, Wise County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 11626-001 and the Code, sec.26.121, by failing to comply with the permitted limit for the daily average ammonia nitrogen concentration; PENALTY: $11,840; ENFORCEMENT COORDINATOR: Mary Smith, (512) 239-4484; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (5) COMPANY: The City of Sulphur Springs; DOCKET NUMBER: 97-0858-MWD-E; IDENTIFIER: Permit Number 10372-001; LOCATION: Sulphur Springs, Hopkins County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10372-001 and the Code, sec.26.121, by discharging effluent that was substantially noncompliant with the total suspended solids daily average concentration permit limit of five milligrams per liter; PENALTY: $960; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (6) COMPANY: Clayton, Williams and Sherwood, Incorporated; DOCKET NUMBER: 97- 0778-MWD-E; IDENTIFIER: Permit Number 13043-001; LOCATION: Lewisville, Denton County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 13043-001 and the Code, sec.26.121, by exceeding the daily average five-day biochemical oxygen demand limit of ten milligrams per liter; PENALTY: $3,320; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (7) COMPANY: Dresser Industries, Incorporated; DOCKET NUMBER: 97-0403-MLM-E; IDENTIFIER: Solid Waste Registration Number 30619 and Petroleum Storage Tank Owner Identification Number 49754; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil field machinery and equipment and underground storage tanks (UST); RULE VIOLATED: 30 TAC sec.335.62 and 40 Code of Federal Regulations (CFR) sec.262.11, by failing to perform proper hazardous waste determinations for waste streams; 30 TAC sec.335.6(c), by failing to notify the executive director on forms approved by the executive director that hazardous waste was generated at the facility or to supply sufficient information for the executive director to determine whether the storage, processing, or disposal is compliant; 30 TAC sec.335.13(d), by failing to submit an exception report to the commission; 30 TAC sec.335.10(a)(1), by failing to produce a waste manifest or shipment papers that identifies the off-site shipment of 2,000 gallons of used oil; 30 TAC sec.335.69(a)(1) and (4), sec.335.112(a)(1), 40 CFR sec.262.34(a)(4), and sec.265.16(c) and (d)(1)-(4), by failing to conduct annual training review for employees who work in the hazardous waste management areas and by failing to maintain on-site written job titles and written job descriptions of each position or descriptions of the type and amount of training for personnel involved with the management of hazardous waste; 30 TAC sec.335.69(a)(4), sec.335.112(a)(2), 40 CFR sec.262.34(a)(1)(i) and (ii), and sec.265.37(a)(1), (3), and (4), by failing to familiarize the local response authorities and hospitals with its contingency plan and by failing to have the arrangements agreed to regarding how to coordinate emergency services with emergency response contractors and equipment suppliers; 30 TAC sec.335.69(a)(4), sec.335.112(a)(3), 40 CFR sec.262.34(a)(1)(i) and (ii), and sec.265.52(c) and (d), by failing to have a description of the arrangements agreed to by the local police departments and hospital to coordinate emergency services regarding its contingency plan and by failing to list the addresses of emergency coordinators on its contingency plan; 30 TAC sec.335.69(a)(4), sec.335.112(a)(3), 40 CFR sec.262.34(a)(1)(i) and (ii), and sec.265.53, by failing to provide to the local police, fire departments, hospitals, and local emergency response teams copies of its contingency plan; 30 TAC sec.335.69(a)(1), 40 CFR sec.;262.34(a)(1)(iv), 265.111(c), 265.197(b), and Part 265, Subpart G, by failing to close the site in accordance with closure and post closure requirements; 30 TAC sec.335.69(b)(1), 40 CFR sec.;262.34(a)(1)(iv), 265.111(c), 265.197(b), and Part 265, Subpart H, by failing to comply with the financial requirements for closure; 30 TAC sec.335.4 and the Code, sec.26.121, by failing to prevent a discharge of hazardous waste from two leaking USTs into groundwaters of the state; 30 TAC sec.335.69(c)(1)(i) and 40 CFR sec.262.34(c)(1)(i), by failing to label hazardous waste storage containers (drums) with the words "Hazardous Wastes"; 30 TAC sec.335.69(d)(1) and 40 CFR sec.262.34(c)(2), by failing to label drums with a beginning date of excess accumulation of hazardous waste; 30 TAC sec.334.50(a)(1)(A), by failing to provide a method of release detection for the UST containing used oil and associated piping; 30 TAC sec.334.50(b)(1)(A), by failing to monitor monthly the UST containing used oil; 30 TAC sec.334.7(d)(3), by failing to update the registration records for the USTs to indicate that the USTs store used oil; and 30 TAC sec.324.6 and 40 CFR sec.279.22(c)(2), by failing to label the UST that stores used oil with the words "Used Oil"; PENALTY: $55,232; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (8) COMPANY: Ethicon, Incorporated; DOCKET NUMBER: 97-0643-AIR-E; IDENTIFIER: Account Number TG-0079-G; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: sutures manufacturing plant; RULE VIOLATED: 30 TAC sec.116.115(a), Permit Number 21078, Special Provision 5, and the Act, sec.382.085(b), by failing to comply with a special condition of a permit; and 30 TAC sec.116.116(b), by failing to adhere to a permit representation made in the permit application; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479. (9) COMPANY: Five Land, Incorporated; DOCKET NUMBER: 97-0711-PWS-E; IDENTIFIER: Public Water Supply Number 0930045 and Certificate of Convenience and Necessity 12502; LOCATION: Iola, Grimes 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 30 TAC sec.291.76 and the Code, sec.13.451, by failing to pay regulatory assessment fees; PENALTY: $630; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. (10) COMPANY: Mr. Dean Kersh; DOCKET NUMBER: 97-0690-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 28560; LOCATION: Lake Jackson, Brazoria County, Texas; TYPE OF FACILITY: retail gasoline station; RULE VIOLATED: 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.334.74, by failing to conduct release investigation and confirmation steps; and the Code, sec.26.121(a)(3), by engaging in an activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of any of the water in the state; PENALTY: $8,320; ENFORCEMENT COORDINATOR: Connie Wong, (512) 239-2547; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (11) COMPANY: North East Independent School District; DOCKET NUMBER: 97-0199- MSW-E; IDENTIFIER: Unauthorized Site Number 455130033; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: municipal solidwaste landfill; RULE VIOLATED: 30 TAC sec.330.4, by failing to submit a permit application and obtain a permit prior to the commencement of construction of a municipal solid waste disposal facility and by failing to obtain a permit or other authorization prior to the disposal of municipal solid waste; PENALTY: $6,864; ENFORCEMENT COORDINATOR: Eric O. Adidas, (512) 239-6736; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (12) COMPANY: Mr. Bhaskar R. Patel, Ms. Shetal A. Gadkari, and Mr. Sang Lam; DOCKET NUMBER: 96-1162-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 59274; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of petroleum products; RULE VIOLATED: 30 TAC sec.115.242(9), by failing to post operating instructions on the front of each gasoline dispensing unit; 30 TAC sec.115.244(1), by failing to perform daily inspections of the Stage II vapor recovery system (VRS) for defects; 30 TAC sec.115.245(2), by failing to perform pressure decay test annually; 30 TAC sec.115.246, by failing to maintain required records for Stage II VRS; 30 TAC sec.115.248, by failing to provide training and instruction in the operating and maintenance of Stage II VRS; and 30 TAC sec.334.22(a), by failing to pay annual facility fees for USTs; PENALTY: $5,280; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (13) COMPANY: Smith System Manufacturing Company; DOCKET NUMBER: 97-0789-AIR-E; IDENTIFIER: Account Number CP-0005-U; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: furniture manufacturing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by constructing and operating a chrome electroplating sludge dryer without obtaining permit authorization prior to construction or meeting the requirements of a permit exemption; PENALTY: $3,400; ENFORCEMENT COORDINATOR: David Edge, (512) 239-1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (14) COMPANY: Triby Auto Sales; DOCKET NUMBER: 97-0742-AIR-E; IDENTIFIER: Account Number EE-1561-O; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: used car lot; 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 a missing required emission control device; PENALTY: $400; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. (15) COMPANY: Tri-State Chemicals, Inc.; DOCKET NUMBER: 97-0065-IHW-E; IDENTIFIER: Industrial Hazardous Waste Identification Number F0094; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: pesticide warehouse and bulk fertilizer blending; RULE VIOLATED: the Code, sec.26.121, by failing to prevent discharge of Treflan and water mixture into an irrigation canal; PENALTY: $1,960; ENFORCEMENT COORDINATOR: Ravi Rao, (512) 239-2559; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479. (16) COMPANY: ZTT Minerals, Incorporated; DOCKET NUMBER: 97-0620-IHW-E; IDENTIFIER: Solid Waste Registration Number 41707 and Permit Number HW-50360; LOCATION: Caldwell, Burleson County, Texas; TYPE OF FACILITY: steel mill dust reclamation; RULE VIOLATED: 30 TAC sec.335.112(a)(2), 40 CFR sec.264.35, and Permit Number HW-50360, Provision VI(B)(2), by failing to maintain aisle space in waste storage building numbers 100, 400, 500, and 800; and 30 TAC sec.335.4 and the Code, sec.26.121, by discharging electric arc furnace dust (K061) outside of building number 200, K061 waste outside building number 400 underneath piping that feeds the pelletizer, and ferro-lime waste to surface soils around building numbers 100 and 500; PENALTY: $10,600; ENFORCEMENT COORDINATOR: Sabelyn Pussman, (512) 239-6061; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335. Issued in Austin, Texas, on November 18, 1997. TRD-9715493 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: November 18, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions November 19, 1997 The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) under Texas Water Code, 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 December 28, 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 under 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 December 28, 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, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: American Ecology Environmental Service Corporation; DOCKET NUMBER: 96-1533-MLM-E; ACCOUNT NUMBER: (AIR) SK-0057-E; LOCATION: Winona, Smith County, Texas; TYPE OF FACILITY: commercial waste treatment, storage, and disposal facility; RULES VIOLATED: 30 TAC sec.335.2(b) by commingling incompatible wastes; 30 TAC sec.116.115 by failing to maintain records; 30 TAC sec.116.115 and 40 Code of Federal Regulations (CFR) sec.264.1035(b)(4)(ii) and (c)(3) and sec.264.1064(e) by failing to maintain records for its closed vent system; 30 TAC sec.116.115 and 40 CFR sec.264.1035(c)(2) and sec.264.1033(f)(1) by failing to properly install a flow indicator which met the required criteria and to record information pertaining to the flow indicator; 30 TAC sec.116.115 by failing to monitor the backup Carbon Adsorption System and the backup Scrubber System during Thermal Oxidizer downtime; 30 TAC sec.116.115 and sec.116.116(a) and Texas Health and Safety Code (the Code), sec.382.085(a) and (b) by pumping storm water into Tank T-127 while the Thermal Oxidizer was off-line; 30 TAC sec.116.115 and the Code, sec.382.085(a) and (b) by failing to maintain complete leak check records and failing to maintain records for each specific emission point; 30 TAC sec.116.115 by processing a waste stream which contained inorganic compounds exceeding permitted concentrations; 30 TAC sec.116.115 and sec.116.116(a) by failing to operate Tanks T-201, T-202, T-203, and T-204 as pressure vessels; 30 TAC sec.116.115 by allowing its Thermal Oxidizer System to fail to achieve a 98% Destruction and Removal Efficiency; and 30 TAC sec.116.115 by processing totes containing Tier 2 and Tier 3 chemicals after 8:00 p.m. and before 8:00 a.m.; PENALTY: 71,700; STAFF ATTORNEY: Bill Ballard, Litigation Support Division, MC 175, (512) 239-3420; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. (2) COMPANY: Ranger Excavating, Incorporated; DOCKET NUMBER: 97-0226-AIR-E; ACCOUNT NUMBER: TH-0646-D; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC sec.101.4 and the Code, sec.382.085(a) and (b) by causing nuisance-level dust emissions to emanate from the site; PENALTY: $6,000; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-3795. (3) COMPANY: Robert S. Hough dba Tire Disposal of El Paso; DOCKET NUMBER: 96- 0790-MSW-E; ACCOUNT NUMBER: Muncipal Solid Waste Registration Numbers 26000, 44137, and 79026; LOCATION: Canutillo, El Paso, Texas; TYPE OF FACILITY: waste tire storage facility; RULES VIOLATED: 30 TAC sec.330.814 by failing to place his name, place of business, and TNRCC registration number on vehicles used to transport whole used or scrap tires; 30 TAC sec.330.835(b)(2)(A) by allowing a whole used or shredded tire pile at the facility to exceed 15 feet in height and 8,000 square feet in size; 30 TAC sec.330.835(b)(3) by storing whole used or scrap tires in the designated setback area of the facility; 30 TAC sec.330.835(b)(4) by failing to shred whole used or scrap tires stored at the facility within 90 days; 30 TAC sec.330.835(b)(5) by failing to maintain a 20- foot distance between tire piles at the facility and failing to maintain unobstructed fire lanes; 30 TAC sec.330.835(b)(6) by failing to maintain adequate security at the facility; 30 TAC sec.330.835(b)(7) by failing to maintain an adequate fire protection system at the facility; 30 TAC sec.330.835(b)(8) by failing to maintain adequate fire extinguishers at appropriate locations throughout the facility; 30 TAC sec.330.835(b)(10) by failing to conspicuously display the name of the facility on an appropriate sign at the entrance of the facility; 30 TAC sec.330.835(d)(1)(B) by failing to maintain a copy of the registration, site layout plan, site operating plan, and the commission's current rules on-site; 30 TAC sec.330.835(d)(2)(F) by failing to maintain a daily log and other records on-site; 30 TAC sec.330.885(c) by failing to maintain adequate financial assurance; 30 TAC sec.330.872(e)(6) by failing to comply with the requirements of the Waste Tire Recycling Fund (WTRF) by failing to submit reimbursement request on a payment voucher to the executive director, for processing eligible tires or tire pieces; and 30 TAC sec.330.871(b)(8) by failing to comply with the requirements for participation in the WTRF program; PENALTY: $89,680; STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. Issued in Austin, Texas, on November 19, 1997. TRD-9715579 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: November 19, 1997 Notice Of Receipt Of Application And Declaration Of Administrative Completeness For Municipal Solid Waste Management Facility APPLICATION BY BELL PROCESSING, Proposed Permit Amendment Number MSW1571-A, to authorize an amendment for horizontal expansion to a Type I municipal solid waste management facility permit. The facility is to daily receive approximately 75 tons of solid waste. The proposed site covers approximately 256.49 acres of land. The site is located approximately one-third mile south of the western limit of Iowa Park, Wichita County, Texas. The landfill entrance is located at the intersection of Smith Road and Johnson Road. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on November 18, 1997. TRD-9715526 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: November 18, 1997 Public Notice Request for Nominations to Appoint Two Individuals to the Waste Reduction Advisory Committee The Texas Natural Resource Conservation Commission (TNRCC) is soliciting nominations to fill two (2) of the thirteen (13) positions of the Waste Reduction Advisory Committee. One (1) term is for a representative from the regulated community and one (1) term is for a small business ex officio representative. TNRCC Commissioners, at an Agenda, will appoint these two (2) advisory committee members to terms which will expire on August 31, 2001. The Waste Reduction Advisory Committee (WRAC) was established by the 71st Texas Legislature in 1989 under the Texas Health and Safety Code, Section 361.0215 to advise the Commission on matters dealing with pollution prevention and waste reduction programs. The WRAC has been instrumental in creating a nationally recognized state pollution prevention program, including the development and monitoring of the Waste Reduction Policy Act of 1991, and voluntary environmental programs such as CLEAN TEXAS 2000. The WRAC helped establish the Governor's Awards for Environmental Excellence, and is working to promote regulatory integration of pollution prevention into existing and future regulatory programs. The WRAC is composed of nine official members who offer a balanced representation of environmental and public interest groups and the regulated community. The four ex officio positions were established by the Commission in 1992 and 1995 to provide additional participation from local and regional government and state legislators. The regional government ex officio position is being redesignated to a small business ex officio position to accommodate changed representation requirements of the committee. The WRAC advises the commission on various activities including: the appropriate organization of state agencies and the financial and technical resources required to aid the state in its efforts to promote waste reduction and minimization; the development of public awareness programs on household hazardous waste programs; and the provision of technical assistance to local governments for development of waste management strategies. The WRAC also reviews and evaluates pollution prevention programs to assist in effective implementation of the state's waste management hierarchy. The WRAC operates under the requirements of the Texas Administrative Code, Title 30, Part I, Chapter 5, entitled Advisory Committees. The WRAC meets a minimum of four times per year and as needed. Members may not miss three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period. The meetings usually last one full day and are held at the TNRCC in Austin, Texas. Members are not reimbursed for expenses incurred to attend meetings and do not receive financial compensation. The WRAC must report in writing to the TNRCC Commission a minimum of once per year, unless otherwise directed. The TNRCC Commissioners issued a resolution (Docket No. 97-0707-RES) on October 9, 1997 to invite nominations for the following two (2) positions. Each nomination should include a biographical summary which includes the individual's experience and qualifications and an agreement to serve on the committee. Please submit nomination(s) for the following vacancies to maintain a balanced representation on the WRAC: (1) One (1) representative from the regulated community; and (2) One (1) representative from the small business community. Written nominations must be received in the TNRCC Office of Pollution Prevention and Recycling by 5:00 p.m. on December 19, 1997. Nominations should be directed to: Ken Zarker, Office of Pollution Prevention and Recycling (MC 112), TNRCC, P.O. Box 13087, Austin, Texas 78711-3087, E-mail to kazarker@tnrcc.state.tx.us or fax to (512) 239-3165. Questions regarding the Waste Reduction Advisory Committee can be directed to Mr. Zarker at (512) 239-3145. Issued in Austin, Texas, on November 19, 1997. TRD-9715548 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: November 19, 1997 Public Notice of Amended Remedy Selection The Executive Director of the Texas Natural Resource Conservation Commission has issued a public notice of the amended selection of a remedy for the Precision Machine and Supply State Superfund Site, a site which constitutes an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. The public notice was published in the November 28, 1997, edition of the Odessa American. In accordance with 30 Texas Administrative Code (TAC) sec.sec.335.349(a), concerning requirements for the remedial action and the Texas Health and Safety Code, Chapter 361.187 Solid Waste Disposal Act as Amended by House Bill 2776, 75th Legislature, Regular Session, 1997, concerning the proposed remedial action, a public meeting regarding the amended proposed remedy for the Precision Machine and Supply site must be held no earlier than 30 days after publishing a notice in the Texas Register and a local newspaper of general circulation in the county in which the facility is located. The public meeting is scheduled for Thursday, at 7:00 p.m., January 8, 1998, at the Ector County Library, Rotary Room, 321 West 5th Street, Odessa, Ector County, Texas. The public meeting will be legislative in nature and is not a contested case hearing under the Texas Government Code, Chapter 2001. The site for which the remedy is being amended is the Precision Machine and Supply site, originally placed on the State Superfund list in the January 22, 1988, issue of the Texas Register (13 TexReg 427). Precision Machine and Supply is located 500 West Olive, Odessa, Ector County, Texas. The site was operated from 1952 until 1980 as a machine and chrome- plating shop. A remedial investigation to determine the nature and extent of the contamination was conducted during three phases from February 1992 through October 1995. The results indicated that chromium and lead contamination exists at the site at levels which may threaten human health and the environment. A baseline risk assessment concluded that further action was needed to eliminate potential imminent and substantial endangerment to human health and the environment from chromium and lead contamination at the site. A feasibility study (FS) was prepared that screened and evaluated technologies that could be used to remediate the site. The FS developed six alternatives for surface soils and subsurface soils, and developed six alternatives for groundwater. The TNRCC proposed excavation, stabilization, and off-site disposal of soils contaminated above the action levels and the installation of a groundwater recovery and treatment system for the shallow aquifer and the upper portion of the deep aquifer. These remedies were originally proposed in the May 31, 1996 edition of the Odessa American and in the May 31,1996, issue of the Texas Register (21 TexReg 4911). A public meeting was held in Odessa, Texas on July 16, 1996, regarding the proposed remedies. The amended remedy proposed will change the action level for lead in soil from 400 mg/kg to 500 mg\kg. This change is proposed to ensure that the action levels at the Precision Machine site are consistent with TNRCC agency policy regarding lead cleanup standards. This level is protective for ingestion and skin contact as well as for groundwater protection . The change is not expected to significantly change the amount of soil removed from the facility because the controlling factor for soil removal at the Precision Machine site is usually the chromium level. The amended remedy proposed will also change the action level for chromium in soil. Texas Natural Resouce Conservation is now proposing an action level of 60 mg/kg for the total chromium in soil, instead of the original action level of 60 mg/kg for total chromium and/or 5.3 mg/kg for hexavalent chromium. This proposed action level will be protective of groundwater and will provide lower analytical cost to the state. The public comment period will begin November 21, 1997, and end at the completion of the public meeting on January 8, 1998. Written comments concerning the amended remedial action may be submitted to Mr. Ashby McMullan, Project Manager, Superfund Engineering Section, MC 144, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A portion of the public records for this site are available for public review during regular business hours at the Ector County Library, 321 West 5th Street, Odessa, Ector County, Texas or at the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Building D, North entrance, Room 190, Austin, Texas 78753, (512) 239-2927. Copying of file information is subject to payment of a fee. For further information, please call: (800) 633-9363. Issued in Austin, Texas, on November 19, 1997. TRD-9715549 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: November 19, 1997 Texas Department of Protective and Regulatory Services Request for Proposal-Project HARRT II Under the Texas Human Resources Code Chapter 40 and pursuant to a federal award for adoption opportunities services, the Texas Department of Protective and Regulatory Services (PRS) is pleased to request the submission of proposals for recruiting, training, and providing respite care and related services necessary to implement Project HAART II - "Helping Achieve Adoption Respite Together". These services will be provided in either Health and Human Services Region 07 (Austin) or 08 (San Antonio). The selection of a project site by PRS will be based upon the strengths of the proposals submitted and the final selection of a contractor under this RFP. DESCRIPTION OF SERVICES: Recruiting and training respite care providers, providing and purchasing an array of in-home and out-of-home respite care, and supplying other related support services designed to increase respite care options for PRS affiliated adoptive families. ELIGIBLE APPLICANTS: Eligible applicants are public or private, profit or nonprofit agencies and individuals who have demonstrated knowledge, competence, and qualifications in developing and implementing health and human services to include 1) recruiting and training human services providers, 2) providing respite care for families and children (especially with special needs) and 3) supplying other related support services. Historically Underutilized Businesses who meet these requirements are encouraged to apply. CLOSING DATE FOR RECEIPT OF OFFERS: The last date that offers and modifications of offers will be received is January 5, 1998, at 4:00 p.m. PRS shall be the sole and final arbitrator of when offers are received based on a post mark prior to the closing date or a PRS log of hand delivery of offers before or on the closing date. NECESSARY CREDENTIALS: A panel of PRS program management and administrative staff will assess offers and determine if potential contractors have (1) provided ample service description, (2) demonstrated relevant prior experience of organization and of key assigned staff, including proven ability to build upon and coordinate with health and human services agencies in recruiting and training respite care providers and in supplying respite care and support to special needs clients, and (3) made an offer of reasonable costs. These credentials will be necessary for Project HAART II. AMOUNT OF CONTRACT: The amount of the award for these services shall not exceed $93,000.00 during the period of Federal Fiscal Year 1998 (1/98 through 9/98). Additional funds may be made available to continue this project during Federal Fiscal Years 1998 through 1999. Funding is dependent upon available federal appropriations, under the federal grant for Project "HAART II - Helping Achieve Adoption Respite Together". PRS reserves the absolute right to reject any and all offers received in response to this notice of request for proposals, and to amend, suspend, or cancel this notice in whole or in part if it is deemed in PRS' best interest. CONTACT PERSON: Requests for Proposal (RFP) packets may be obtained by writing or calling the assigned PRS Purchasing Officer as follows: Texas Department of Protective and Regulatory Services, Attention: Deborah Williams, PRS Purchased Services E-559, Winters Building, 701 West 51st St., P.O. Box 149030, Austin, Texas 78714-9030 (78751), (512) 438-3862. Official replies to inquiries will be in writing only from the designated PRS personnel. NOTICE OF CONFERENCE: An Offeror's Conference will be held on December 3, 1997, Wednesday, at the Texas Department of Protective and Regulatory Services, Winters Building, Room 103, West Towers, 701 West 51st Street, Austin, Texas 78751. Please attend this conference to find out more about this opportunity to provide respite care and related services for adoptive families in Texas. Issued in Austin, Texas, on November 18, 1997. TRD-9715512 C. Ed Davis Deputy Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: November 18, 1997 Public Utility Commission of Texas Notice of Application for Approval of Certain Depreciation Rates Notice is given to the public of the filing with the Public Utility Commission of Texas an application on November 6, 1997, for approval of certain depreciation rates pursuant to sec.sec.52.002, 52.003, 52.252, and 53.056, of the Public Utility Regulatory Act (PURA), 75th Leg., R.S. ch. 166, sec.1, 1997 Tex. Sess. Law Serv. 713 (Vernon) (to be codified at Public Utility Code Annotated sec.sec.11.001-63.063). A summary of the application follows. Docket Title and Number: Application of Cameron Telephone Company for an Increase in Certain Depreciation Rates, Docket Number 18291 before the Public Utility Commission of Texas. The Application: In Docket Number 18291, Cameron Telephone Company requests approval to increase certain deprecation rates to receive full capital recovery of the following accounts: digital electronic switching equipment, circuit equipment, buried cable-metallic, and buried cable-fiber. 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 on or before December 15, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on November 13, 1997. TRD-9715326 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 13, 1997 Notice of Application for Approval of Special Amortization Notice is given to the public of the filing with the Public Utility Commission of Texas an application on November 10, 1997, for approval of special amortization for equipment included in the GTE retired plant pursuant to sec.sec.52.002, 52.003, 52.252, and 53.056, of the Public Utility Regulatory Act (PURA), 75th Leg., R.S. ch. 166, sec.1, 1997 Tex Ses Law Serv. 713 (Vernon) (to be codified at sec.sec.11.001-63.063). A summary of the application follows. Docket Title and Number: Application of Central Texas Telephone Cooperative, Inc. for Approval of Special Amortization, Docket Number 18346 before the Public Utility Commission of Texas. The Application: In Docket Number 18346, Central Texas Telephone Cooperative, Inc. requests approval for special amortization of equipment included in a purchased GTE plant to be retired. The equipment includes: radio facilities, analog circuit equipment, digital circuit equipment, other term equipment, poles, poles-tower, aerial cable-metallic, underground cable-metallic, buried cable-metallic, aerial wire, and conduit. 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 on or before December 18, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on November 17, 1997. TRD-9715483 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 17, 1997 Notice of Application for Service Provider Certification of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on November 12, 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 Reach Direct, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18350 before the Public Utility Commission of Texas. Applicant intends to provide local exchange service to residential and business customers through the resale of the services provided by existing facilities based local exchange carriers Applicant's requested SPCOA geographic area includes the geographic regions currently served by the following incumbent local exchange companies: in the geographic areas of the state of Texas currently served by Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., Sugar Land Telephone Company, 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 December 3, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on November 14, 1997. TRD-9715395 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 14, 1997 Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule sec.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 sec.23.27 for a new PLEXAR-Custom service for IBM in Farmers Branch, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for IBM in Farmers Branch, Texas, Pursuant to Public Utility Commission Substantive Rule sec.23.27. Tariff Control Number 18347. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for IBM in Farmers Branch, Texas. The geographic service market for this specific service is the Dallas 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 November 13, 1997. TRD-9715325 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 13, 1997 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 sec.23.27 for a new PLEXAR-Custom service for Whataburger in Corpus Christi, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Whataburger in Corpus Christi, Texas, Pursuant to Public Utility Commission Substantive Rule sec.23.27. Tariff Control Number 18359. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Whataburger in Corpus Christi, Texas. The geographic service market for this specific service is the Corpus Christi 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 November 14, 1997. TRD-9715396 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 14, 1997 Public Notice Amendment to Interconnection Agreements On October 27, 1997, Southwestern Bell Telephone Company and Capital Telecommunications, Inc., (Capital Telecom), collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) of 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), 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). Pursuant to Public Utility Commission Procedural Rule sec.22.341 the joint application has been dedocketed and redesignated as Project Number 18168. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. Pursuant to Public Utility Commission Procedural Rule sec.22.341, the commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties. The parties have requested such 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 amendment to 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 Project Number 18168. 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 December 8, 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 issue a notice of approval, denial, or 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 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 project or who wish to comment on the joint 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 Project Number 18168. Issued in Austin, Texas, on November 17, 1997. TRD-9715478 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 17, 1997 Public Notices of Interconnection Agreements On November 6, 1997, Southwestern Bell Telephone Company and Teligent, LLC, 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 18310. 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 18310. 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 December 10, 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 Public Utility Commission 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 18310. Issued in Austin, Texas, on November 14, 1997. TRD-9715397 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 14, 1997 On November 12, 1997, United Telephone Company of Texas, Inc., d/b/a/ Sprint and Central Telephone Company of Texas d/b/a Sprint and Caprock Communications Corporation, collectively referred to as applicants, filed a joint application for approval of resale 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 18353. 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 18353. 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 December 16, 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 Public Utility Commission 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 18353. Issued in Austin, Texas, on November 14, 1997. TRD-9715398 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 14, 1997 On November 12, 1997, United Telephone Company of Texas, Inc., d/b/a/ Sprint and Central Telephone Company of Texas d/b/a Sprint and BasicPhone, Inc., collectively referred to as applicants, filed a joint application for approval of resale 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 18354. 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 18354. 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 December 16, 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 Public Utility Commission 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 18354. Issued in Austin, Texas, on November 14, 1997. TRD-9715399 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 14, 1997 On November 13, 1997, Southwestern Bell Telephone Company and Quintelco, Inc., 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 18361. 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 18361. 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 December 18, 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 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 18361. Issued in Austin, Texas, on November 14, 1997. TRD-9715392 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 14, 1997 On October 30, 1997, Southwestern Bell Telephone Company and USA Exchange, LLC d/b/a Omniplex Communications Group, collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) of 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), 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.11.000-63.063) (PURA). Pursuant to Public Utility Commission. Procedural Rule sec.22.341 the joint application has been dedocketed and redesignated as Project Number 18193. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. Pursuant to Public Utility Commission Procedural Rule sec.22.341, the commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties. The parties have requested such 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 amendment to 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 Project Number 18193. 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 December 8, 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 issue a notice of approval, denial, or 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 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 project or who wish to comment on the joint 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 Project Number 18193. Issued in Austin, Texas, on November 17, 1997. TRD-9715482 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 17, 1997 On October 28, 1997, GTE Southwest, Inc. and IWL Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under sec.252(i) of 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), 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.11.000-63.063) (PURA). Pursuant to Public Utility Commission Procedural Rule sec.22.342 the joint application has been dedocketed and redesignated Project Number 18177. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The parties have requested such 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 Project Number 18177. 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 December 8, 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 issue a notice of approval, denial, or 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 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 project or who wish to comment on the joint 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 Project Number 18177. Issued in Austin, Texas, on November 17, 1997. TRD-9715481 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 17, 1997 On October 28, 1997, GTE Southwest, Inc. and Golden Harbor of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under sec.252(i) of 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), 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). Pursuant to Public Utility Commission Procedural Rule sec.22.342 the joint application has been dedocketed and redesignated Project Number 18176. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The parties have requested such 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 Project Number 18176. 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 December 8, 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 issue a notice of approval, denial, or 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 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 project or who wish to comment on the joint 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 Project Number 18176. Issued in Austin, Texas, on November 17, 1997. TRD-9715480 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 17, 1997 On October 27, 1997, GTE Southwest, Inc., and USLD Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under sec.252(i) of 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), 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). Pursuant to Public Utility Commission Procedural Rule sec.22.342 the joint application has been dedocketed and redesignated Project Number 18170. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties. The parties have requested such 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 Project Number 18170. 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 December 8, 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 issue a notice of approval, denial, or 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 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 project or who wish to comment on the joint 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 Project Number 18170. Issued in Austin, Texas, on November 17, 1997. TRD-9715479 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 17, 1997 On November 12, 1997, United Telephone Company of Texas, Inc., d/b/a/ Sprint and Central Telephone Company of Texas d/b/a Sprint and Diamond Telco, collectively referred to as applicants, filed a joint application for approval of resale 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 18355. 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 18355. 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 December 16, 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 Public Utility Commission 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 18355. Issued in Austin, Texas, on November 14, 1997. TRD-9715391 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 14, 1997 Public Notice of Petition for Declaration Order Notice is hereby given of a petition for a declaratory order filed by Clear Lake Cogeneration Limited Partnership (Clear Lake) on October 7, 1997. The Public Utility Commission of Texas (commission) is authorized to issue a declaratory order upon request by a party, pursuant to sec.sec.11.003(12), 14.001 and 14.051 of the Public Utility Regulatory Act, 75th Legislature, Regular Session, chapter 166, sec.1, 1997 Texas Session Law Service 717, 732, 733 (Vernon) (to be codified at Texas Utilities Code Annotated sec.sec.11.003, 14.001 and 14.052) (PURA). Clear Lake has requested that the commission interpret its new transmission rules as applied to the agreement between Clear Lake and Texas-New Mexico Power Company (TNMP), and declare that TNMP's calculation of "wheeling costs" and "losses" is in error and should not be deducted from payments to Clear Lake under the agreement. The petition has been designated Docket Number 18078, Petition of Clear Lake Cogeneration Limited Partnership for Declaratory Order Against Texas-New Mexico Power Company, and is available for public inspection at the commission's offices in Austin, Texas. Persons who wish to intervene and/or comment upon this proceeding shall contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, by December 12, 1997. Persons with questions about the proceeding may contact Marianne Carroll, Carroll & Gross, 701 Brazos, Suite 310, Austin, Texas 78701. Persons with questions about this docket may also contact the commission's 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 18078. Issued in Austin, Texas, on November 18, 1997. TRD-9715511 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: November 18, 1997 Railroad Commission of Texas Correction of Error The Railroad Commission of Texas proposed new 16 TAC sec.7.74. The rule appeared in the November 7, 1997, issue of the Texas Register, (22 TexReg 10875). On page 10876, sigblock, the earliest possible date of adoption date was incorrectly printed as "December 11, 1997" it should read "December 8, 1997". Texas Rehabilitation Commission Request for Proposals for Consumer Stipends The Texas Planning Council for Developmental Disabilities announces the availability of funds to be awarded by the Texas Rehabilitation Commission on its behalf to provide stipends to enable individuals with developmental disabilities and their family members to attend established in-state professional or informational conferences, workshops and meetings in order to promote consumer empowerment and involvement in activities that enhance independence, productivity and community integration for people with developmental disabilities. Stipend recipients are limited to Texas residents who are not eligible for travel reimbursement from an organization of which they are an employee or member. It is expected that the sponsoring agency/organization share the direct financial support for participants in addition to the Council's stipends. These funds will be awarded by the Texas Rehabilitation Commission as the designated agency for the Texas Planning Council for Developmental Disabilities. Requests for funds must be made by the agency/organization sponsoring the event. Requests will be considered only for in-state events. For the application materials that includes the full request for proposals, please submit a written request to: Lester Sanders, Grants Management Director, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399 (512) 424-4084. Questions or concerns may also be addressed to Mr. Sanders. Deadline. Requests for funding must be submitted to the above mentioned address at least 120 days in advance of the starting date of the event for which stipends are requested. Issued in Austin, Texas, on November 18, 1997. TRD-9715522 Charles Schiesser Chief of Staff Texas Rehabilitation Commission Filed: November 18, 1997 Teacher Retirement System of Texas Requests For Offer The Teacher Retirement System of Texas is requesting offers from Qualified Information System Vendors who specialize in the sale of high speed microfiche scanners. The scanners are to be used to convert the current jacketed microfiche backfile, which consists of approximately 30 million images, to multi-layered TIFF images within 18 months. The Teacher Retirement System of Texas is seeking Qualified Information System Vendors to provide solutions and equipment for the conversion of its backfile. Copies of the Request for Offer may be obtained from David Peterson, Teacher Retirement System of Texas, 1000 Red River, Austin, Texas 78701-2698, (512) 370- 0592, ext. 6281. The deadline for responding to the Request for Offer is 5:00 p.m., December 30, 1997. In evaluating the offers, the Teacher Retirement System of Texas will consider items it deems relevant which includes but is not limited to the following: number of scanned images per day; purchase price; support and maintenance plans; ability to interface with current equipment; ease of network integration; image quality and the applicable provisions of sec.sec.2155.074, 2155.075 and 2157.003 of Title 10, Government Code. Issued in Austin, Texas, on November 19, 1997. TRD-9715590 Charles Dunlap Executive Director Teacher Retirement System of Texas Filed: November 19, 1997 The Teacher Retirement System of Texas is requesting offers from Qualified Information System Vendors to perform a large scale backfile conversion. The Teacher Retirement System of Texas seeks to have the current jacketed microfiche backfile, which consists of approximately 30 million images, converted to multi- layered TIFF images within 18 months. Copies of the Request for Offer may be obtained from David Peterson, Teacher Retirement System of Texas, 1000 Red River, Austin, Texas 78701-2698, (512) 370- 0592, Ext. 6281. The deadline for responding to the Request for Offer is 5:00 p.m., December 30, 1997. In evaluating the Offers, the Teacher Retirement System of Texas will consider items it deems relevant which include but are not limited to the following: purchase price; ability to meet requirements; support and maintenance plans; ability to interface with current equipment; number of images scanned a day; image quality; and the applicable provisions of sec.sec.2155.074, 2155.075, and 2157.003 of Title 10, Government Code. Issued in Austin, Texas, on November 19, 1997. TRD-9715591 Charles Dunlap Executive Director Teacher Retirement System of Texas Filed: November 19, 1997 Texas Department of Transportation Request for Proposal Notice of Invitation: The Fort Worth District of the Texas Department of Transportation (TxDOT) intends to enter into two non-project specific contracts with professional surveyors, pursuant to Texas Government Code, Chapter 2254, Subchapter A to provide the following services. Contract Numbers 02-8XXP1001 and 02-8XXP1002: To perform right of way/boundary, preliminary, design and construction surveys, within the nine county region of the Fort Worth District, and to be GeoPak or Microstation compatible. The contracts will run for three years and will be issued on an as-needed basis by work order. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (817) 370-6566, or by mail delivery to TxDOT, Fort Worth District, Attention: Michael Szurgot, P. O. Box 6868, Fort Worth, Texas 76115-0868 or by hand delivery to 2501 Southwest Loop, Fort Worth, Texas. Letters of interest will be received until 5:00 p.m. on Monday, December 15, 1997. A brief statement of general information, qualifications, Historically Underutilized Business (HUB) status, and location of your firm will be needed. Upon receipt of the letter of interest, a Request for Proposal packet will be issued with further details. The goal for HUB participation for the work to be performed under these contracts is 20% of the contract amount. Proposal Submittal Deadline: Proposals for contract numbers 02-8XXP1001 and 02- 8XXP1002 will be accepted until 5:00 p.m. on Friday, January 30, 1998, at the previously mentioned TxDOT, Fort Worth District address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Michael Szurgot at (817) 370-6587 or fax (817) 370-6566. Issued in Austin, Texas, on November 19, 1997. TRD-9715559 Bob Jackson Deputy General Counsel Texas Department of Transportation Filed: November 19, 1997 Texas Water Development Board Second Draft SB 1 Guidance Documents and Regional Designations The Texas Water Development Board invites public comment on its second draft delineation of regional planning areas and of its second draft of guidance relating to the state water plan, regional water plans, and use of research and planning funds for regional water planning. This draft guidance is the second draft of what will become board rules for these areas. The rules are being developed to fulfill the requirements of Senate Bill 1, 75th Texas Legislature, which established a new water planning process for the state. The drafts may be obtained on the Internet at "http://www.twdb.state.tx.us/www/twdb/sb1_hp.html", by calling the Texas Water Development Board at (512) 475-2057, or writing to Diane Burr, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711. Please submit comments to Carolyn Brittin at the above address or by fax at (512) 463-9893 by December 3, 1997. After reviewing this second round of comments, staff will seek board approval December 11, 1997, to publish rules for proposed adoption in the Texas Register. The guidance documents: describe the process by which the board designates regional planning groups and by which the regional planning groups will develop regional water plans, including guidelines for consideration of the existing regional planning efforts and the format in which information is to be presented in the regional plans; how the regional plans are integrated into a state water plan; and guidance principles for the state water plan, with which regional plans are to be consistent. Issued in Austin, Texas, on November 19, 1997. TRD-9715535 Suzanne Schwartz General Counsel Texas Water Development Board Filed: November 19, 1997 Texas Workforce Commission Program Year 1997 Job Training Partnership Act (JTPA) Performance Standards and 5% Incentive Grant System As authorized by the Texas Labor Code sec.301.061 and sec.302.021, and pursuant to state Job Training Partnership Act (JTPA) Rules 40 TAC sec.805.161, sec.805.162, and sec.805.163, the Texas Workforce Commission (the Commission) provides notice of the Program Year 1997 Performance Standards and 5% Incentive Grant System for Title IIA and IIC JTPA programs. As a general State policy, PY98 five percent incentive funds will be used to award incentive grants to Service Delivery Areas(SDAs)/Boards based on PY97 performance against DOL and State standards established for JTPA Title IIA and Title IIC programs. To ensure the development of JTPA programs as performance-driven systems, 67% of the State's 5% incentive funds will be primarily awarded to Service Delivery Areas/Boards on the basis of their exceeding minimum performance levels of the following Department of Labor (DOL) performance standards: (1) Adult follow-up employment rate, (2) Adult follow-up weekly earnings, (3) Adult welfare follow-up employment rate, (4) Adult welfare follow-up weekly earnings, (5) Youth entered employment rate; and (6) Youth employability enhancement rate. The Governor has approved deleting the following federally recommended measures. However, the following measures will continue to be tracked as quality indicators: (1) Model Out-of-School Youth programs having a demonstrated record of success and serving more than the minimum required percentage of out-of-school youth, (2) Adult Employer-Assisted Benefits Rate; and (3) Adult High Wage Placements. The Governor has approved the following State performance standard: Service to Job Opportunities and Basic Skills Training (JOBS)/Temporary Assistance for Needy Families (TANF) participants. The minimum performance levels are: For DOL performance standards, the minimum performance level shall be the adjusted 50th percentile of national performance. SDAs with actual performance between the adjusted 50th percentile of national performance and the lower confidence interval inclusive shall be considered to have met but not exceeded the standard. (See Table 1). For serving JOBS/TANF participants, the minimum qualifying performance levels are twice the incident of JOBS/TANF participants in the poverty population, and serving AFDC recipients at rates at least as high as their incidence in the eligible poverty population. The percentage of JOBS/TANF participants served shall be calculated as the number of terminees (adult and youth) who were JOBS/TANF participants expressed as a percentage of all terminees. Allocation of Five Percent (5%) Incentive Funds No less than 67% of the funds available under Section 202(c)(3)(A) of the Job Training Partnership Act will be used for granting incentive awards to Boards/PICs exceeding required standards as set forth in the Commission's Incentives Policy. Up to 33% of the funds available may be used for capacity building and technical assistance activities. If the incentive awards total is less than the total amount allocated for incentives, the balance will be prorated by award share, as additional incentive grant funds, to those Boards/PICs eligible for an incentive award. Total incentive awards will not exceed the total amount allocated for incentives (not less than 67% of the Title IIA and IIC 5% allocation). Not more than 25% of the total incentive funds distributed will be for State standards. Eligibility/Special Restrictions If less than 65% of an SDAs Title IIA participants are hard-to-serve, as defined by DOL, the SDA will be ineligible for incentive grants based on performance during PY97. If less than 65% of an SDAs Title IIC participants are hard-to- serve, as defined by DOL, the SDA will be ineligible for incentive grants based on performance during PY97. If an SDA fails two or more of the six DOL performance Standards it will ineligible for incentive grants based on performance during that year. A Board/PIC must exceed both the Adult Welfare Follow-up Employment Rate and the Adult Welfare Follow-up Weekly Earnings to be eligible for any incentive grant. Weighting For PY97, the following seven performance criteria are weighted/ranked as follows: Adult follow-up employment rate - 10% Adult follow-up weekly earnings - 10% Adult welfare follow-up employment rate - 25% Adult welfare follow-up weekly earnings - 25% Youth entered employment rate - 10% Youth employability enhancement rate - 10% Serving JOBS/TANF participants at rates exceeding incidence in eligible population - 10% Distribution Mechanism For the DOL performance standards and serving JOBS/TANF participants standard, two funding tiers will be included in the PY97 policy, allowing SDAs/Boards the opportunity to increase their incentive award for higher performance levels. For the DOL performance standards and serving JOBS/TANF participants standard, 40% and 60% of the five percent incentive funds will be allocated to Tiers I and II, respectively. To qualify for funds in a given tier, the DOL performance standards must be exceeded by the following required performance levels: Tier I: Above the adjusted 500th percentile of national performance. Tier II: Above the adjusted 65th percentile of national performance. The degree by which the serving JOBS/TANF participant's standard must be exceeded to qualify for funds in a given tier is as follows: Tier I: Serving JOBS/TANF participants at rates greater than twice their incidence in the eligible poverty population. Tier II: Serving JOBS/TANF participants at rates greater than three times their incidence in the eligible poverty population. Issued in Austin, Texas, on November 19, 1997. TRD-9715555 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: November 19, 1997 Program Year 1997 JTPA Title III Performance Standards and Goals As authorized by the Texas Labor Code sec.301.061 and sec.302.021, and pursuant to state Job Training Partnership Act (JTPA) Rules 40 TAC sec.805.161, and sec.805.162, the Texas Workforce Commission (the Commission) provides notice of the Program Year 1997 Performance Standards and Goals for Title III JTPA programs. Section 106 of the JTPA directs the Secretary of Labor to establish performance standards for dislocated worker programs. For Program Year 1997, the Secretary's standard for Title III is the Entered Employment Rate. Governors have the option of setting a measure for average wage at placement. The State of Texas adopted this wage goal as well as one additional performance measure. The performance measures for the Title III program are as follows: Entered Employment Rate Standard - Total number of individuals who entered employment at termination, excluding those who were recalled or retained by the original employer after receipt of a layoff notice, divided by the total terminations excluding those who were recalled or retained by the original employer after receipt of a layoff notice. The departure point is 72%. Average Wage at Placement Goal - Average hourly wage for all participants placed. The departure point is $9.40. Employment Rate at Follow-up Goal - The number of follow-up survey respondents who were employed during the 13th week after termination divided by the total number of respondents. The departure point is 78%. Additionally, the Texas Council on Workforce and Economic Competitiveness retains the Minimum Expenditure Level of 85%. Substate areas (SSAs) must expend at least 85% of their annual allocation to avoid deobligation of funds. For further information, please call Shu-Ching Chen: (512) 463-2661. Issued in Austin, Texas, on November 14, 1997. TRD-9715367 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: November 14, 1997 Workforce Development Board of the Coastal Bend Request For Proposals (RFP) The Workforce Development Board of the Coastal Bend ("the Board"), which currently administers Job Training Partnership Act (JTPA) and School-to-Work funds, is hereby issuing its RFP for a qualified firm to provide required program and fiscal monitoring services. The contract will be for a period beginning January, 1998, with a renewal option for two additional program years. Monitoring services will be performed in accordance with State policies and federal regulations. Copies of the RFP package will be available beginning Thursday, November 13, 1997. Prospective proposers may obtain one (1) copy of the RFP package by contacting Mike Hefley at (512) 889-5300, ext. 106. A postage and handling fee will be charged for RFP packages which are to be mailed. The deadline for the receipt of proposals is Tuesday, December 2, 1997 at 4:00 p.m. Proposals received after the deadline will not be considered. The Board reserves the right to reject any or all proposals. The Board is an Equal Opportunity employer/program. Minority, disadvantaged and women's businesses are encouraged to apply. Auxiliary aids and services are available upon request to individuals with disabilities. Telephone access available through (TDD) 1-800-RELAY TX. Issued in Austin, Texas, on November 10, 1997. TRD-9715205 Carlos Herrera Interim President & CEO Workforce Development Board of the Coastal Bend Filed: November 12, 1997