IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department of Agriculture Public Grain Warehouses: Schedule of Violations, Adminstrative Penalties and Enforcement Action The source of authority for this enforcement schedule is Texas Agriculture Code (the Code) sec.;12.020 (West Supp. 1997) and 14.015 (West 1995 & Supp. 1997). The violations established in this schedule are derived from the provisions of chapter 14 of the Code and 4 Texas Administrative Code (TAC) ch. 13. Administrative penalties for violations of the public grain warehouse laws are set forth below. Additional or alternative enforcement actions include, but are not limited to, license denial, probation, suspension, or revocation, and/or referral for criminal prosecution or injunctive relief. Violations have been grouped into four categories: Category A -Hindrance of Department Authority; Category B-Consumer Protection; Category C-Recordkeeping; and Category -Licensing & Administration. Violations are categorized and specifically described below in the Description of Violations section of this schedule. Additional comments, clarifications, or penalty adjustments appear for some violations as an Enforcement Note following the violation description. Although every effort has been made to list all possible violations, this schedule should not be regarded as a determination by the department that enforcement action will not be taken in response to violations not listed. An administrative penalty will be assessed for a violation of Texas public grain warehouse law, in accordance with this schedule, except in extraordinary circumstances. The department may, at its discretion, permit a grace period during which the violator may come into compliance. During the grace period, penalties may accrue. Penalties accruing during any grace period established by the department will not be assessed provided compliance is achieved prior to expiration of the grace period. If compliance is not achieved prior to expiration of the grace period, penalties will be assessed. The department may, at its discretion, permit a violator to perform remedial action or accept license suspension, probation, or revocation in lieu of all or a portion of an assessed penalty. Based on the department's analysis regarding the general seriousness of the violative conduct, each violation has been assigned a presumptive violation level. This presumptive violation level may be adjusted upwards or downwards as follows: The presumptive violation level may be adjusted upwards by one or more levels based on the following aggravating factors: (1) the damage to property or the environment caused by the violation, (2) the amount necessary to deter future violations, (3) the hazard or potential hazard created to the health or safety of the public and/or employees of the warehouseman, and (4) any other factor weighing against the violator, as justice may require. The presumptive violation level may be adjusted downwards by one or more levels based on the following mitigating factors: (1) the violator's efforts to correct the violation, including but not limited to payment of restitution to aggrieved persons, or (2) any other factor weighing in favor of the violator, as justice may require. A recommended penalty is then established by consulting the administrative penalty table, shown below, which cross-references the violation level and the number of prior violations within the three-year period immediately preceding the occurrence of the violation being evaluated. A prior violation exists if (1) an order determining that a violation occurred has been signed by the Commissioner of Agriculture or his designated representative, (2) the signed order is no longer subject to appeal, and (3) the previous violation is of the same type as the violation being evaluated. The date of a prior violation is the date of the signed order determining that a violation occurred. Prior violations within the specified period lead to an increase in the recommended penalty for a particular violation level. Independent acts of noncompliance will be construed as separate violations regardless of whether they occur on the same or different days and, generally, each independent act of noncompliance will be evaluated separately and assigned a recommended penalty. What constitutes an independent act is determined from the nature of the act or omission. In some instances, the department's interpretation of what constitutes an independent act has been clarified within an Enforcement Note following the violation description. For violations of a continuing or recurring nature, the recommended penalty may be multiplied by the number of occurrences or the number of days during which the violation continues or may be supplemented by daily penalty assessments as permitted by sec.12.020 of the Code. The circumstances under which such penalty calculations will be employed are listed within an Enforcement Note following the violation description. A Notice of Violation (NOV) will be mailed to each person whom the department has determined committed a violation of Texas grain warehouse laws. The NOV constitutes the department's report as required by sec.12.020 of the Code. The NOV will state the facts supporting each determination that a violation occurred, the recommended penalty for each such violation (including any adjustments for multiple occurrences or continuing violations), and the total amount of the recommended penalties for all violations set forth in the NOV. In addition to or in lieu of the administrative penalties established by this schedule, the department may deny an application; revoke, modify, or suspend a public grain warehouse license; place on probation a person whose license has been suspended; reprimand a licensee; seek injunctive relief from a court of competent jurisdiction; or refer a matter investigated by the department to the appropriate authorities for criminal prosecution. This enforcement schedule is effective immediately upon publication in the Texas Register. graphic graphic graphic graphic graphic graphic graphic graphic graphic graphic TRD-9808236 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: May 20, 1998 Texas Department of Banking Correction of Errors The Texas Department of Banking proposed new 1 TAC sec.17.3, sec.21.41, and sec.21.42. The rules appeared in the May 8, 1998, issue of the Texas Register, (23 TexReg 4439 and 4444). On page 4441, sec.21.1(3), "(3) Day-A calendar Day," is immediately followed by the next definition, "Eligible trust company-A Texas chartered trust company that:...". "Eligible trust company" should be number (4). Due to this error, all of the remaining definitions are numbered incorrectly. On page 4447, sec.21.42(g)(3), the last sentence in (3) reads "No issues or evidence will be considered that are not relevant to the standards set forth in subsection", then a new paragraph starts with "(e) of this section...". The (e)... should be included as part of that paragraph (3). Texas Commission for the Blind Request For Proposal Professional Auditing Services The Texas Commission for the Blind, herein referred to as the Commission, is currently seeking a Certified Public Accountant (CPA) or CPA firm to perform financial auditing services. These services are to be provided in regards to the Business Enterprises Program, herein referred to as the Program. The Program provides employment opportunities for blind persons in food services businesses. The laws and rules that govern the Program are the Randolph-Sheppard Act, 20 U.S.C. 107-107F; Texas Human Resources Code, Chapter 94; and Texas Administrative Code, Chapter 167. The contract will be for conducting audits of vending services contractors who manage facilities throughout the State. Objectives: The audits will address the following objectives: To verify that the information reported by the vending services contractor to the Commission, including sales, commissions, and meter readings, is accurate and supported by contractor records. To verify that all commissions due to the Commission from the vending services contractor have been paid. To verify that applicable sales taxes have been paid in accordance with State Comptroller requirements. To determine the vending services contractor's overall compliance with the Commission's contract with the vending services contractor, including customer service requirements. Four vending services contractors have been selected for audit based on a risk assessment performed by the Commission. The facilities managed by these contractors are located in four different areas of the state. Audits will be conducted using an audit methodology formulated by the Commission. The selected firm or CPA must meet with Commission staff prior to starting the audits to obtain background information about each vending services contractor to be audited. The Commission's Internal Audit Director will have primary oversight for the performance of this contract. Commission staff will review the work performed and products prepared by the selected firm or CPA. The primary products of each audit must consist of a written statement of findings and supporting work papers. The contractor selected will be paid for each of the four audits when these products are reviewed and accepted by the Commission. The Commission has targeted the completion of this contract by September 30, 1998. The vending services contractors selected for audit, the location of the facilities, and the audit methodology that must be used are available to any CPA or CPA firm interested in responding to this RFP. Proposal Content: If you are interested in making a proposal to perform this contract, please provide the Commission with your qualifications and demonstrated competencies related to the provision of these services. Qualifications should include information such as CPA certification, degrees, training attended, and peer review. Demonstrated competencies should include information such as past accounting or audit work (in general), past accounting or audit work in food service businesses (general), past accounting or audit work in food service businesses (vending), and references. The application also should include, in a sealed envelope, your fee proposal for providing these services. The fee proposal should include all anticipated operational costs, including travel. Travel expenses during the contract period shall be reimbursed in accordance with State of Texas Travel Regulations and Official Mileage Guide as they apply to state employees. Selection under this RFP will be made on the basis of qualifications, demonstrated competence to perform the services, and a fair and reasonable fee proposal. Proposal Deadline and Contact Persons: All proposals must be postmarked or hand- delivered no later than June 26, 1998, at 5:00 p.m, to Ms. Vikki Meeker, Purchasing Manager, Texas Commission for the Blind, 4800 N. Lamar Blvd, Suite 360, Austin, TX 78756. Questions or inquiries about the scope of these financial auditing services should be directed to Ms. Tonya Netzley, Internal Audit Director, at (512) 459- 2535. TRD-9808185 Terrell I. Murphy Executive Director Texas Commission for the Blind Filed: May 20, 1998 Request For Proposal-Professional Auditing Services The Texas Commission for the Blind, herein referred to as the Commission, is currently seeking a Certified Public Accountant (CPA) or CPA firm to perform financial auditing services. These services are to be performed in regards to the Business Enterprises Program, herein referred to as the Program. The Program provides employment opportunities for blind persons in food services businesses. The laws and rules that govern the Program are the Randolph-Sheppard Act, 20 U.S.C. 107-107F; Texas Human Resources Code, Chapter 94; and Texas Administrative Code, Chapter 167. The contract will be for conducting audits of facilities managed by licensed managers in the Program. These facilities are located throughout the State, mostly in the State's larger metropolitan areas (Austin, Houston, Dallas, Fort Worth, San Antonio, and El Paso). Objectives: The audits will address the following objectives: To verify that sales and other revenues (including vending income) reported by the licensed manager to the Commission are in accordance with the Program's operations manual. To verify that the expenses (including food and labor costs) reported by the licensed manager to the Commission are in accordance with the Program's operations manual. To verify that all applicable taxes (including sales and payroll) have been paid in accordance with the Program's operations manual and state and federal requirements. To determine the licensed manager's overall compliance with all accounting and record keeping requirements in the Program's operations manual. Twelve facilities have been selected for audit based on a risk assessment performed by the Commission. One or more facilities are located in each of the five geographic regions previously described. Audits will be conducted using an audit methodology formulated by the Commission. The selected firm or CPA must meet with Commission staff prior to starting the audits to obtain background information about each vending services contractor to be audited. The Commission's Internal Audit Director will have primary oversight for the performance of this contract. Commission staff will review the work performed and products prepared by the selected firm or CPA. The primary products of each audit must consist of a written statement of findings and supporting work papers. The firm or CPA selected will be paid for each of the four audits when these products are reviewed and accepted by the Commission. The Commission has targeted the completion of this contract by November 30, 1998. The licensed managers selected for audit, the location of their facilities, and the audit methodology that must be used are available to any CPA or CPA firm interested in responding to this RFP. Proposal Content: If you are interested in making a proposal to perform this contract, please provide the Commission with your qualifications and demonstrated competencies related to the provision of these services. Qualifications should include information such as CPA certification, degrees, training attended, and peer review. Demonstrated competencies should include information such as past accounting or audit work (in general), past accounting or audit work in food service businesses (general), past accounting or audit work in food service businesses (vending), and references. The application also should include, in a sealed envelope, your fee proposal for providing these services. The fee proposal should include all anticipated operational costs, including travel. Travel expenses during the contract period shall be reimbursed in accordance with State of Texas Travel Regulations and Official Mileage Guide as they apply to state employees. Selection under this RFP will be made on the basis of qualifications, demonstrated competence to perform the services, and a fair and reasonable fee proposal. Proposal Deadline and Contact Persons: All proposals must be postmarked or hand- delivered no later than June 26, 1998, at 5:00 p.m., to Ms. Vikki Meeker, Purchasing Manager, Texas Commission for the Blind, 4800 N. Lamar Blvd, Suite 360, Austin, TX 78756. Questions or inquiries about the scope of these financial auditing services should be directed to Ms. Tonya Netzley, Internal Audit Director, at (512) 459- 2535. Note: Should additional resources become available to the Commission during the contract period awarded, the Commission may be interested in negotiating for additional audits of facilities similar to those covered in this RFP. TRD-9808184 Terrell I. Murphy Exeecutive Director Texas Commisison for the Blind Filed: May 20, 1998 Children's Trust Fund of Texas Council Request for Proposal (RFP) The Children's Trust Fund of Texas Council (CTF) announces the availability of funds for existing programs that provide access to respite services for families of children with disabilities, special health care needs, and/or children at risk of abuse or neglect throughout areas of the state. The long-term benefits of this project includes, but is not limited to, the following: --To support the family unit with access to quality respite services; --To alleviate social, economic and financial stress for these families, thereby supporting care of children in their homes and communities and preventing institutionalization; --To provide access to culturally competent respite services that meets the needs of families; --To provide family choice in the array of support options; and --To encourage the development of additional resources and services by the community itself. Deadline: Deadline for the submission of proposals is June 19, 1998 at 5:00 p.m. Contract Period: The contract period for funding awarded in response to the Respite Care RFP is September 1, 1998 - August 31, 1999. Eligibility Criteria: To be eligible to apply for funding, an applicant must: 1. use the funds for respite care for primary or secondary child abuse and neglect prevention and not for treatment. 2. have existing respite programs. The funds may not be used to develop a respite program, support or supplant existing programs, or to duplicate efforts within an organization. It is expected that these funds will encourage and stimulate contributions from other public and private sources. However, the funds may be used to support a new component of an existing program, and/or to extend the program to a new target population. 3. be an organization in operation (i.e., registered with the Secretary of State) for a minimum of two years 4. not be a state agency - "State Agency " is defined as a board, commission, department, office or other state agency that: (a) is in the executive branch of state government, (b) was created by the constitution or a statute of this state, and (c) has statewide jurisdiction. 5. provide a cash or in-kind match equal to at least 10% of the contract funding amount for year one. Amount of Contract Awards: Contracts will be awarded up to $50,000 per program for the year. Three to four programs throughout Texas will be funded. Evaluation and Selection: The Health and Human Services Commission will provide oversight for the review and selection of proposals to recommend to Children's Trust Fund of Texas Council for funding. Applicants will be notified in August of the status of their request. The RFP application packet includes complete instructions, application requirements, deadline details, and resource staff available to answer questions. To Request an RFP Application Packet: If potential applicants meet the eligibility criteria as outlined above, they may request an RFP packet by telephone, mail, or in person: 512/458-1281; Children's Trust Fund of Texas, 8929 Shoal Creek Boulevard, Suite 200, Austin, TX 78757-6854 (M-F, 8:00 a.m.) TRD-9808102 Janie D. Fields, MPA Executive Director Children's Trust Fund of Texas Council Filed: May 18, 1998 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of May 12, 1998, through May 18, 1998: FEDERAL AGENCY ACTIONS: Applicant: Sabco Operating Company; Location: State Tract 53, Corpus Christi Bay, Nueces County, Texas; Project Number: 98-0207-F1; Description of Proposed Action: The applicant proposes to erect and maintain structures and appurtenances to be used in the drilling of their Number 6 Well in State Tract 53, and to install three (3) 2-7/8 inch O.D. pipelines from said well to the existing production platform in State Tract 62; Type of Application: U.S.C.O.E. permit application under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125- 1387). 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. TRD-9808237 Garry Mauro Chairman Coastal Coordination Council Filed: May 20, 1998 Texas Credit Union Department Application(s) for a Merger or Consolidation Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration: An application was received from Insurance Employees Credit Union (Fort Worth) seeking approval to merge with Fort Worth Telco Credit Union (Fort Worth) with the latter 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 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. TRD-9808182 Harold E. Feeney Commissioner Texas Credit Union Department Filed: May 20, 1998 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 Texans Credit Union, Richardson, Texas to expand its field of membership. The proposal would permit the employees of TABS Direct, their subsidiaries, affiliates, and successors 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 the employees of Aerial Communications that work for or report to the Houston Region Office to be eligible for membership in the credit union. An application was received from South Texas Area Resources (STAR) Credit Union, Corpus Christi, Texas to expand its field of membership. The proposal would permit the employees of H & S Constructors, Inc., and its subsidiaries, H & S Fabricators and H & S Pipeline who work in or are paid from Corpus Christi, Texas to be eligible for membership in the credit union. An application was received from Gulf Employees Credit Union, Groves, Texas to expand its field of membership. The proposal would permit The Texas Department of Criminal Justice employees of the Larry Gist Jail 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 the employees of Central Texas Heart Center, P.A., 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. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. 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. TRD-9808181 Harold E. Feeney Commissioner Texas Credit Union Department Filed: May 20, 1998 Notices of Applications Approved In accordance with the provisions of 7 TAC Section 91.103, the Texas Credit Union Department provides notice of the approval of the following applications: Application(s) to Amend Articles of Incorporation Texins Credit Union, Richardson, Texas - See Texas Register issue dated March 27, 1998. Glitsch Credit Union, Dallas, Texas - See Texas Register issue dated April 3, 1998. E-Systems Credit Union, Greenville, Texas - See Texas Register issue dated April 3, 1998. Longview Container Credit Union, Longview, Texas - See Texas Register issue dated April 3, 1998. Application(s) to Expand Field of Membership Medical Community Credit Union, Odessa , Texas - See Texas Register issue dated February 27, 1998. TCC Credit Union, Dallas, Texas - See Texas Register issue dated February 27, 1998. TCC Credit Union, Dallas, Texas - See Texas Register issue dated February 27, 1998. Doches District Telco Credit Union, Nacogdoches, Texas - See Texas Register issue dated February 27, 1998. Gulf Employees Credit Union, Groves, Texas - See Texas Register issue dated February 27, 1998. Texas Employees Credit Union, Dallas, Texas - See Texas Register issue dated February 27, 1998. Presbyterian Healthcare System Credit Union, Dallas, Texas - See Texas Register issue dated February 27, 1998. TRD-9808183 Harold E. Feeney Commissioner Texas Credit Union Department Filed: May 20, 1998 Deep East Texas Local Workforce Development Board Notice of Award Pursuant to Government Code, Chapter 2254, the Deep East Texas Local Workforce Development Board publishes this notice of a consultant contract award for a proposal writer. The request for proposals for a proposal writer was published in the Texas Register on March 20, 1998, (23 TexReg 3090). The consultant will develop a request for proposal for development, management, and procurement of the local area career centers. The contractor is: Archetype, Incorporated, P.O. Box 26767; Austin, Texas 78775-0767. The total value of the contract is $9,600. The contract term will begin some time after May 28, 1998, until completion of the project. TRD-9808169 Walter G. Diggles Executive Director Deep East Texas Local Workforce Development Board Filed: May 19, 1998 Texas Department of Economic Development Notice of Availability of Electronic State Business Daily The Texas Department of Economic Development maintains access to the electronic state business daily on the Texas Marketplace system on the World Wide Web, as authorized by Senate Bill 1380 of the 75th Legislature (Act). Proposed rules for the administration of the business daily were published at 23 TexReg 2926 (March 20, 1998). In order to comply with the Act, state agencies can now access the Texas Marketplace system (state business daily) on the Internet and World Wide Web at http://www.texas-one.org for posting of all procurement opportunities that exceed $25,000, except those procurements exempted by statute. For further information regarding the electronic state business daily, contact Donna Osborne, Director, Economic Information Clearinghouse, at (512) 936-0292. TRD-9808087 W. Lane Lanford Chief Administrative Officer Texas Department of Economic Development Filed: May 18, 1998 Texas Education Agency Notice of Extention of Deadline for Standard Application System (SAS) #308R Concerning Public Charter Schools The Texas Education Agency (TEA) published Standard Application System (SAS) #308R, concerning public charter schools, in the May 1, 1998, issue of the Texas Register (23 TexReg 4389). The TEA is extending the deadline for receiving applications from May 28, 1998, to June 18, 1998. Further Information. For clarifying information about the SAS, contact Deborah Havens, Division of School and Community Support, Texas Education Agency, (512) 463-9575. TRD-9808223 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: May 20, 1998 Request for Applications Concerning Texas Reading Academies for School Year 1998-1999 Eligible Applicants. The Texas Education Agency (TEA) is requesting applications from public school districts; open-enrollment charter schools; shared services arrangements (SSAs) of public school districts; and regional education service centers (ESCs) on behalf of public school districts or SSAs of public school districts under Request for Applications (RFA) #701-98-017. These applications must describe projects that seek to implement scientific, research-based reading programs designed to meet the Governor's challenge of having all Texas children reading at or above grade level by the end of third grade and target students in Prekindergarten through Grade 3. The Texas Reading Academies RFA will be mailed directly to the following individuals, among others: ESC executive directors and reading initiative liaisons; superintendents, principals of elementary campuses; State Board of Education members; and principals of open-enrollment charter schools. Description. The primary objective of grants awarded under this RFA is to ensure that Texas elementary students are proficient in reading by the end of third grade. The goal is to provide as much direct intervention with students as possible through the implementation of scientific, research-based reading programs; the purchase of additional instructional or diagnostic reading materials; necessary reading materials for libraries; instructional staff; or related professional staff development of educators. Applicants should propose projects that implement reading programs in their classrooms to prevent reading failure, as well as an intervention system designed to ensure that struggling students have opportunities to achieve. Applicants are encouraged to develop "academy-type" reading laboratories/programs for students and create intensive, structured reading programs based on research. These programs should include core reading materials to provide intensive, structured reading instruction in the regular classroom, designed to prevent reading failure. Additionally, effective, rigorous, proven intervention programs should be included as part of a system designed to ensure that struggling students have opportunities to achieve. Quality projects will be comprehensive and provide students with very early exposure to systematic, explicit instruction in phonemic awareness, decoding, and reading comprehension. Projects will use materials that assist students in mastering decoding skills and increasing speed and fluency. They will also focus on strategies and materials used to expand students' vocabulary and increase background knowledge and comprehension. To be eligible for funding, applicants must submit a plan for parental involvement in the program. ESCs and districts applying as members of SSAs must submit either a parental involvement plan for each member district or a combined parental involvement plan for the project. Applicants must also submit a plan for performing diagnostic assessments of reading skills. Diagnostic reading assessment instruments for Kindergarten, Grade 1, and Grade 2 must meet the requirements of the Texas Education Code, sec.28.006. Dates of Project. The Texas Reading Academies Program will be implemented during the 1998-1999 school year. Applicants should plan for a starting date of no earlier than September 1, 1998, and an ending date of no later than August 31, 1999. Project Amount. Funding will be provided for approximately 25 projects. Each project will receive a minimum of $50,000 to a maximum of $500,000 for the 1998- 1999 school year. Selection Criteria. Awards will be considered on the basis of total points. The TEA reserves the right to select from the highest-ranking applications those that address the ability of each applicant to carry out all requirements contained in the RFA and that are most advantageous to the program. It is important that a diversity of students and districts be represented in the operation of these programs. Therefore, after all applications have received a final score from 0 to 100, projects will be selected to establish programs that are cost effective and diverse with respect to size of districts, type of campus(es), type of programs and instructional strategies/methodologies, and geographic locations in Texas. The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response. Requesting the Application. A complete copy of RFA #701-98-017 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA number in your request. Further Information. For clarifying information about the RFA, contact Gina S. Day, Division of Statewide Initiatives, Texas Education Agency, (512) 463-9027. Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Monday, July 20, 1998, to be considered. TRD-9808222 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: May 20, 1998 Texas Board of Professional Engineers Architecture/Engineering Boards Liaison Committee Meeting On May 27, 1998, representatives from the Engineers' Board will meet with representatives from the Architects' Board in Austin, Texas, to discuss topics of mutual interest inherent to the professions. The representatives from the Engineering Liaison Committee will exchange information, but will not be meeting as a body or conducting any board business. Further information may be obtained from the Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741, (512) 440-7723. TRD-9808149 John R. Speed, P.E. Executive Director Texas Board of Professional Engineers Filed: May 19, 1998 Texas Department of Health Correction of Errors The Texas Department of Health adopted amendments to 25 TAC sec.sec.295.201- 295.216, 295.218-295.220. The rules appeared in the May 1, 1998, issue of the Texas Register, (23 TexReg 4280). On page 4288, sec.295.202, definition of elevated blood lead level, there is a measurement missing after the numbers and should be "20 &mgr;g/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 &mgr;g/dl". On page 4289, sec.295.202, definition of testing, the word "laboratrory" is misspelled and should be "laboratory". On page 4291, sec.295.204(d)(8)(D), delete the extra (D) at the beginning of the subparagraph. On page 4291, sec.295.204(d)(15), delete the bracket after the word "with". On page 4296, sec.295.209(a), at the end of the subsection, the word "certificate" should be "certification". The Texas Department of Health adopted repeal of 25 TAC sec.sec.241.50-241.100. The rules appeared in the May 1, 1998, issue of the Texas Register, (23 TexReg 4273). On page 4275, sec.241.50(45), at the end of the definition "HACCP" a period was omitted in the publication and should be inserted. On page 4278, sec.241.56(a), there was an omission of "(relating to Molluscan Shellfish)" following the word "title". It should read "(a) Harvesters. Any harvester who engages in molluscan shell stock packing as defined in this chapter of this title (relating to Molluscan Shellfish) shall:" as it was published in the February 6, 1998, issue (23 TexReg 903). On page 4278, sec.241.56(e)(3), an extra "s" appears at the end of the paragraph and should be deleted. Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] [graphic] In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation. This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). TRD-9808180 Susan K. Steeg General Counsel Texas Department of Health Filed: May 20, 1998 Notice of Consultant Contract Award In accordance with the provisions of Chapter 2254, Subchapter B of the Texas Government Code, the Texas Department of Health (department) announces this notice of consultant contract award. The related Request for Proposal was published in the December 19, 1997, issue of the Texas Register (22 TexReg 12612). This award relates to Phase 1, Activities 1, 2, 3, and 4 and to Phase 2, Activities 1, 2, 3, and 4 as detailed in the RFP. The consultant will assist the department with the evaluation of the LoneSTAR Select I (Phase 1 of the project) and LoneSTAR Select II (Phase 2 of the project) programs of the Texas Medicaid program, as required by the federal waivers under which the programs operate. Reports that the consultant is required to provide to the department four weeks after the execution of the contract will include the review and assessment of the current Medicaid LoneSTAR Select I program operated under the sec.1915(b) waiver. Reports that the consultant is required to provide to the department six weeks after the execution of the contract will include the development of a work plan that describes the approach for completing the evaluation of the Medicaid LoneSTAR Select I program. Reports that the consultant is required to provide to the department eight weeks after the execution of the contract will include a draft evaluation report with the findings of all activities conducted for the evaluation of the Medicaid LoneSTAR Select I program. Reports that the consultant is required to provide to the department ten weeks after the execution of the contract will include the final evaluation report of the Medicaid LoneSTAR Select I program. Reports that the consultant is required to provide to the department four weeks after the initiation of Phase 2 of the contract will include the review and assessment of the current Medicaid LoneSTAR Select II program operated under the sec.1915(b) waiver. Reports that the consultant is required to provide to the department six weeks after the initiation of Phase 2 of the contract will include the development of a work plan that describes the approach for completing the evaluation of the Medicaid LoneSTAR Select II program. Reports that the consultant is required to provide to the department fourteen weeks after the initiation of Phase 2 of the contract will include a draft evaluation report with the findings of all activities conducted for the evaluation of the Medicaid LoneSTAR Select II program. Reports that the consultant is required to provide to the department eighteen weeks after the initiation of Phase 2 of the contract will include the final evaluation report of the Medicaid LoneSTAR Select II program. The reports will allow the department to comply with the requirements for an external evaluation of it's two inpatient hospital selective contracting program that are operating under federally approved sec.1915(b) waivers. The consultant selected for the project is The Lewin Group, Inc., 9302 Lee Highway, Suite 500, Fairfax, Virginia 22031. The total value of the contract is not to exceed $165,000. The contract was executed on May 13, 1998, performance to begin on April 10, 1998, and is scheduled to end on or before August 31, 1999, unless extended by written amendment For more information, please contact Richard A. Peters, Bureau of Reimbursement Analysis and Contract Compliance, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. (512) 794-6894. TRD-9807973 Susan K. Steeg General Counsel Texas Department of Health Filed: May 15, 1998 Notice of Public Hearing on Proposed Ephedrine Rules The Texas Department of Health (department) will hold a public hearing to receive oral or written comments on the proposed new rules, 25 Texas Administrative Code, sec.sec.229.461 and 229.462, to restrict the sale and distribution of products containing ephedrine. The public hearing will be held from 9:00 a.m. to 5:00 p.m., June 3, 1998, in the Board Room, Room M-739, Moreton Building, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Further information may be obtained from Gary Coody, R.Ph. or Karen Tannert, R.Ph., Drugs and Medical Devices Division, at (512) 719-0237. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact Suzzanna C. Currier, ADA Coordinator in the Office of Civil Rights at (512) 458-7627 or TDD at (512) 458-7708 at least four days prior to the hearing. TRD-9807958 Susan K. Steeg General Counsel Texas Department of Health Filed: May 14, 1998 Notice of Uranium By-Product Material License Amendment - Everest Exploration, Inc. The Texas Department of Health (department) gives notice that uranium by-product material license RW3626 issued to Everest Exploration, Inc., for its Hobson Project located in Karnes County near Hobson, Texas, Tex-1 Project located in Karnes County near Falls City, Texas, and Mt. Lucas Project located in Live Oak County near Dinero, Texas (mailing address: Everest Exploration, Inc., P.O. Box 1339, Corpus Christie, Texas 78401) has been amended to delete or modify references and conditions pertaining to certain expired or terminated authorizations and renumber the license to Radioactive Material License L03626 to reflect the transfer of jurisdiction to the department by the 75th Session of the Texas Legislature. This transfer was effective July 20, 1997. The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment: (a) The licensee, Everest Exploration, Inc., is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the license amendment will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; (d) the applicant has demonstrated financial capability to conduct the activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary); and (e) the applicant satisfies all applicable special requirements in 25 TAC sec.289.260. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment. This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received within 30 days from the date of publication of this notice in the Texas Register, from a person affected. A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect. Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas. TRD-9808156 Susan K. Steeg General Counsel Texas Department of Health Filed: May 19, 1998 Notice of Uranium By-Product Material License Amendment - Intercontinental Energy Corporation The Texas Department of Health (department) gives notice that uranium by-product material license RW2538 issued to Intercontinental Energy Corporation (doing business as IEC Corporation in Texas) for its Pawnee Project located in Live Oak County near Three Rivers, Texas (mailing address: IEC Corporation, Route 1, Box 650, Three Rivers, Texas 78701) has been amended to remove reporting requirements for a former irrigation site, delete or modify references and conditions pertaining to certain expired or terminated authorizations, and renumber the license to Radioactive Material License L02538 to reflect the transfer of jurisdiction to the department by the 75th Session of the Texas Legislature. This transfer was effective July 20, 1997. The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment: (a) The licensee, IEC Corporation, is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the license amendment will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; (d) the applicant has demonstrated financial capability to conduct the activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary); and (e) the applicant satisfies all applicable special requirements in 25 TAC sec.289.260. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment. This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received within 30 days from the date of publication of this notice in the Texas Register, from a person affected. A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect. Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas. TRD-9808157 Susan K. Steeg General Counsel Texas Department of Health Filed: May 19, 1998 Notice of Uranium By-Product Material License Amendment - URI, Inc. The Texas Department of Health (department) gives notice that uranium by-product material license RW3653 issued to URI, Inc., for its Kingsville Project located in Kleberg County near Kingsville, Texas and Rosita Project located in Duval County near San Diego (mailing address: RI, Inc., 12750 Merit Drive Suite 1210, LB 12, Dallas, Texas 75251) has been amended to change the radiation safety officer, authorize mining in production area III and the Tanguma Expansion, delete or modify references and conditions pertaining to certain expired or terminated authorizations, combine licenses held by URI, Inc., and renumber the license to Radioactive Material License L03653 to reflect the transfer of jurisdiction to the department by the 75th Session of the Texas Legislature. This transfer was effective July 20, 1997. The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC) Chapter 289, that the licensee has met the standards appropriate to this amendment: (a) The licensee, URI, Inc., is qualified by reason of training and experience to use the material in question for the purpose requested in such a manner as to protect public health and safety, and the environment; (b) the applicant's equipment, facilities, and procedures are adequate to protect public health and safety, and the environment; (c) the issuance of the license amendment will not be inimical to public health and safety, nor have a long-term detrimental impact on the environment; (d) the applicant has demonstrated financial capability to conduct the activity including all costs associated with decommissioning, decontamination, disposal, reclamation, and long-term care and maintenance (if necessary); and (e) the applicant satisfies all applicable special requirements in 25 TAC sec.289.260. No environmental assessment is necessary for this action, since the department has determined that the action will not have a significant impact on the human environment. This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment to the license. A written hearing request must be received within 30 days from the date of publication of this notice in the Texas Register, from a person affected. A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain in effect. Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189, by calling (512) 834-6688, or by visiting 8407 Wall Street, Austin, Texas. TRD-9808158 Susan K. Steeg General Counsel Texas Department of Health Filed: May 19, 1998 Health and Human Services Commission Public Notices The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 98-02, Amendment Number 541. The amendment updates the post-eligibility section of the preprint, as requested by Program Memorandum 97-2. The amendment is effective January 1, 1998. If additional information is needed, please contact Judy Coker, Texas Department of Human Services at (512) 438-3227. TRD-9808215 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: May 20, 1998 The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 98-03, Amendment Number 542. The amendment revises the State plan to incorporate two new eligibility groups of low-income Medicare beneficiaries, called Qualifying Individuals, mandated by Section 4732 of the Balanced Budget Act of 1997. The amendment is effective January 1, 1998. If additional information is needed, please contact Judy Coker, Texas Department of Human Services at (512) 438-3227. TRD-9808216 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: May 20, 1998 The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 98-05, Amendment Number 544. The amendment states that all costs related to compliance with OBRA 1987 are being reported on the cost reports used to set annual rates. The amendment does not change the nursing facility reimbursement methodology or rates and allows increased state flexibility. The amendment is effective October 1, 1998. If additional information is needed, please contact Kathy Hall, Texas Department of Human Services at (512) 438-3702. TRD-9808217 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: May 20, 1998 The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 98-06, Amendment Number 545. The amendment adds a preprint page to the plan, which states the public process for long-term care facility reimbursement. The amendment repealed the Boren amendment and replaced it with a public process for determination of rates that allows increased state flexibility. The amendment is effective January 1, 1998. If additional information is needed, please contact Kathy Hall, Texas Department of Human Services at (512) 438-3702. TRD-9808218 Marina S. Henderson Executive Deputy Commissioner Health and Human Services Commission Filed: May 20, 1998 Texas Higher Education Coordinating Board Notice of Meeting The Primary Care Residency Advisory Committee will meet on Thursday, May 28, 1998 from 10:00 a.m. till 12:00 p.m. The meeting will be held at the Coordinating Board, 7700 Chevy Chase Drive, Building 1 room 1.100-A. The agenda is as follows: Elect Committee Chair and Vice-Chair; Review Fiscal Year 1998 Funding; Consideration of Funding Options; Develop a Funding Recommendation for Consideration by the Texas Higher Education Coordinating Board in July; and Other Business. For additional information please contact Stacy Silverman at (512) 483-6206. TRD-9808131 James McWhorter Assistant Commissioner for Adminstration Texas Higher Education Coordinating Board Filed: May 19, 1998 Notice of Meeting The Advisory Committee on Instructional Telecommunications will meet on Wednesday, June 10, 1998 at 9:30 a.m. The meeting will be held at the Coordinating Board, 7700 Chevy Chase Drive, Building I Room 1.100-B. The agenda is as follows: Review of summary notes of March 11, 1998 meeting; Review of Proposals; Institutional Plans: Sam Houston State University and Panola College; Request for Experimental Authority: Expansion of Authority to offer degree programs by distance learning; The University of Dallas - MA in International Studies. For additional information please contact Janet Beinke at 512-483-6321. TRD-9808010 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Filed: May 15, 1998 Texas Department of Housing and Community Affairs Notice of Administrative Hearing-(MHD1998000147AD) Manufactured Housing Division Wednesday, June 3, 1998, 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. Why Rent, Inc. dba Mustang Ranch Homes to hear alleged violations of the Federal Truth In Lending Act, 12 C.F.R., sec. 226.24 and the Act, sec.sec. 6(j) and 7(j)(1) by placing an advertisement in The Manufactured Homes Guide without disclosing the amount of down payment, the Annual Percentage Rate, and the number of payments or the period of repayment. SOAH 332-98-0891. Department MHD1998000147AD. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. TRD-9808259 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: May 20, 1998 Notice of Administrative Hearing-(1997001472D) Manufactured Housing Division Wednesday, June 3, 1998, 3:00 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. Travis E. Foxworth to hear alleged violations of the Act, sec. 7(d) and the Rules sec. 80.125(e) regarding obtaining, maintaining or possessing a valid installer's license. SOAH 332-98-0893. Department MHD1997001472D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589. TRD-9808260 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: May 20, 1998 Notice of Administrative Hearing-(1997003154I) Manufactured Housing Division Wednesday, June 3, 1998, 2:00 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. Paul Ihlenfeldt dba Paul's Mobile Home Transport to hear alleged violations of the Act, sec. 7(d) and the Rules sec. 80.125(e) regarding obtaining, maintaining or possessing a valid installer's license. SOAH 332-98-0892. Department MHD1997003154I. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. TRD-9808261 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: May 20, 1998 Request for Proposals for Structural Engineering Services The Texas Community Development Program (TCDP) is seeking to contract with a qualified engineering firm (registered to practice in the State of Texas) to review the as-built status of two (2) structures in Maverick County, TX, including destructive inspection to determine the adequacy of the wall reinforcing and roof connection system in its current as-built condition, as well as performing a detailed evaluation of each structure to determine their compliance with the design drawings and what measures if any are needed to repair any deficiencies. A copy of the Request for Proposals for Services may be obtained from the Texas Community Development Program by calling Mrs. Pam Knopp at (512) 475-3894. A statement of qualifications for these proposed services will be required. Please submit your proposal and statement of qualifications to Ruth Cedillo, TCDP Director, Texas Department of Housing and Community Affairs, P.O. 13941, Austin, Texas 78711-3941. Completed proposals must be received by the TCDP no later than 5:00 p.m. on Monday June 15, 1998 to be considered. TCDP reserves the right to negotiate with any and all engineers or firms that submit proposals, as per the Texas Professional Services Procurement Act. Texas Community Development Program is an Affirmative Action/Equal Opportunity Employer. TRD-9808234 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: May 20, 1998 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission to Texas for TEXAS BONDING COMPANY, assumed name in Texas for AMERICAN CONTRACTORS INDEMNITY COMPANY, a foreign property and casualty company. The home office is located in Los Angeles, California. Application for admission to Texas for STARNET INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Wilmington, Delaware. 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. TRD-9807944 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 14, 1998 The following applications have been filed with the Texas Department of Insurance and are under consideration: Application to change the name of CONTINENTAL WESTERN LIFE INSURANCE COMPANY to EQUITRUST LIFE INSURANCE COMPANY, a foreign life company. The home office is located in West Des Moines, Iowa. Application for admission to Texas for AMERICAN EQUITY SPECIALTY INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Costa Mesa, California. Application to change the name of ANTHEM HEALTH PLAN OF TEXAS, INC. to AMERIHEALTH OF TEXAS, INC., a domestic HMO. The home office is located in Dallas, Texas. Application to change the name of HEALTHCARE PARTNERS PLANS, L.C. to HEALTHFIRST HMO, INC., a domestic HMO. The home office is located in Tyler, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. TRD-9808221 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 20, 1998 Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Texas Farm Bureau Underwriters proposing to use rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, sec.3(g). They are proposing various rates ranging from +60% above the benchmark for bodily injury; to +40% above the benchmark for property damage; to +65% above the benchmark for medical payments; to +110% above the benchmark for collision for all territories and classifications by coverage for private passenger automobile insurance. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, sec.3(h), is made with the Chief Actuary, Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. TRD-9807933 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 14, 1998 Notice of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2363 scheduled for July 1, 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 petition by Texas Insurance Organization (TIO). TIO'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) to eliminate the use of pre-printed dates in various forms. TIO's petition (Reference Number A-0598-14), was filed on May 12, 1998. Many of the prescribed forms for insuring automobiles utilize pre-printing of the century so that the year can be completed by supplying the last two digits. These forms have places where dates are to be supplied and they use "19__." There is a need to change these prescribed forms as soon as possible because of the approaching turn of the century. The "19__" could be replaced by "20__." However, the TIO proposal is to leave a blank for the entire year as "____." The prescribed forms (endorsements in the Manual except where otherwise indicated) in need of this revision have been identified as follows: Endorsement 4M. Mobilowners Policy - Limited Period Collision (to become 4M-1.) Endorsement 29A. Experience Modification (to become 29B.) Endorsement 29C. Experience Modification Change (to become 29C.) Endorsement TE 99 24A - Experience Modification (to become TE 99 24B.) Endorsement TE 99 25A - Experience Modification Change (to become TE 99 25B) Mobilowners Policy Declarations (in the Standard Provisions). A copy of the petition containing the full text of the proposed amendments to the Manual and the Standard Provisions 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 (Reference Number A- 0598-14). 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, Automobile and Homeowners Group, 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. TRD-9808258 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 20, 1998 Notice of Texas Title Insurance Hearings Relating to Home Equity Loans Notice is hereby given of hearings relating to home equity loans to be held before the Commissioner of Insurance or his delegatee, in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas and continuing thereafter at dates, times and places designated by the commissioner until conclusion. An informational hearing under Docket Number 2360, will begin June 16, 1998, at 9:00 a.m. A rulemaking hearing under Docket Number 2361 for consideration of rules, forms, and endorsements, and related matters not having rate implications, will begin July 30, 1998, at 9:00 a.m. A ratemaking hearing under Docket Number 2362 for consideration of fixing rates and other matters with rate implications, will begin August 12, 1998, at 9:00 a.m. Associate Commissioner Rose Ann Reeser shall conduct the informational hearing. The commissioner shall conduct both the rulemaking and ratemaking hearings; provided, however, that the ratemaking hearing shall be conducted by the State Office of Administrative Hearings in accordance with Article 1.33B, Texas Insurance Code at the direction of the commissioner or at the written request of any person seeking admission as a party to the ratemaking hearing. At the rulemaking hearing, the commissioner shall certify which matters have rate implications to be considered in the ratemaking hearing. A formal notice of the proposed rules will be published in the Texas Register at a later date. Authority, Jurisdiction, Statutes and Rules Involved The Commissioner of Insurance has jurisdiction over the promulgation of rules and premium rates, over amendments to or promulgation of approved forms, and over other matters set out in this notice pursuant to Texas Insurance Code, Articles 1.02, 1.04, 9.01, 9.02, 9.07, and 9.21. The procedure of the hearing will be governed by the Rules of Practice and Procedure before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas Government Code, Chapter 2001). Matters to be Considered Docket No. 2360 Informational Hearing Associate Commissioner Rose Ann Reeser will consider testimony on the following issues related to the recent home equity amendment, Section 50, Article XVI, Texas Constitution: 1. Potential escrow liability of title insurance agents and title insurance companies under loan closing instructions for traditional home equity Section 50(a)(6) loans, cash out first lien refinancing under Section 50(a)(6), traditional refinance transactions which include "rolled in" closing costs, and mechanic lien transactions; 2. Potential for policy limit losses on traditional refinance transactions where closing costs do not satisfy the new Section 50(e) requirements of necessity and reasonability, cash out refinance home equity loans under Section 50(a)(6); homestead construction transactions which fail to satisfy the new constitutional requirements for a 12 day cooling off period, 3 day right of rescission, and closing at constitutionally permissible locations and "O & E" type reports; 3. Appropriateness of promulgating a mandatory insured closing letter to address escrow liability for traditional home equity Section 50(a)(6) loans, cash out first lien refinancing under Section 50(a)(6), traditional refinance transactions which include "rolled in" closing costs, and mechanic lien transactions; 4. Whether the Item 5 Consumer Credit Exclusion should be modified to include specific provisions of Section 50 to address claims on traditional refinance transactions which include "rolled in" closing costs and mechanic lien transactions; 5. Whether an endorsement would be appropriate to address limited portions of the "rolled in costs" refinance risk created under Section 50(e); 6. Appropriateness of a Procedural Rule to define the conditions under which a mortgage policy may be issued with an endorsement affirmatively insuring against invalidity of the deed of trust lien under selected portions of Section 50(e) or (f); 7. Availability of statistical evidence to provide a basis to determine the type of insurance rate necessary to create reserves adequate to pay anticipated claims; 8. Appropriateness of a procedural Rule and endorsement to address coverage concerns with respect to mechanic lien transactions; 9. Statistical evidence regarding home equity, including the number or orders opened, policies issued, and non-title insurance orders by agents and direct operations from January 1, 1998; and 10. Solvency implications for title agents and underwriters. Docket No. 2361 Form and Rulemaking Hearing The commissioner will consider testimony presented and information filed by title insurers, title agents, the Office of Public Insurance Counsel and other interested parties relating to the following issues: 1. Submission by the Texas Land Title Association ("TLTA") to adopt a new Procedural Rule P - 47 Supplemental Coverage Equity Loan Mortgage Endorsement (T - 42.1). This rule concerns supplemental coverage to the basic mortgagee policy of title insurance and the existing promulgated endorsement (T-42) which was adopted by the commissioner effective January 12, 1998. This rule provides the general requirements and limitations for the issuance of this supplemental coverage in insuring a lien that secures an extension of credit made pursuant to subsection (a)(6) of Section 50, Article XVI, Texas Constitution. 2. Submission by TLTA to adopt a new Supplemental Coverage Equity Loan Mortgage Endorsement (T - 42.1). This form outlines the scope of the supplemental coverage in insuring a lien that secures an extension of credit made pursuant to subsection (a)(6) of Section 50, Article XVI, Texas Constitution and also states the exceptions and limitations of the coverage. 3. Submission by Stewart Title Guaranty Company that amends the TLTA submission 4. Solvency implications of the proposed coverages. 5. Consumer protection implications. 6. Whether all the proposed coverages are suitable for title insurance. Both TLTA and the department anticipate amendments to the TLTA submissions and the Stewart Title Guaranty Company submission which may expand or restrict the coverage currently proposed. Complete copies of the requested rules and forms, and any amendments thereto, may be obtained from the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104. Docket No. 2362 Ratemaking Hearing The commissioner will consider testimony presented and information filed by title insurers, title agents, the Office of Public Insurance Counsel and other admitted parties relating to the following issues: 1. Submission by TLTA to adopt a new Rate Rule R-28, Premium For Equity Loan Mortgage Endorsement (T - 42) and Supplemental Coverage Equity Loan Mortgage Endorsement (T - 42.1). This rate rule sets forth standardized premiums for these two endorsements. 2. In considering proposed Rate Rule R-28, the commissioner will also consider alternatives to the particular rate formulations requested by TLTA in its petition. Both TLTA and the department anticipate amendments may be proposed to the TLTA rate submissions. Complete copies of the requested rate rule, and any amendments thereto, may be obtained from the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104. Motions for Admission as a Party to Ratemaking Hearing Anyone who wishes to participate in the ratemaking hearing must file a motion for admission as a party by 5:00 p.m. on June 19, 1998. Pre-Hearing Conference An initial pre-hearing conference is planned to be held before the General Counsel of the Department at 9:00 a.m. on June 23, 1998, in room 100 of the William P Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. The pre-hearing conference will be held for the following purposes: (1) ruling on the motions for admission of parties to the ratemaking hearing; and, (2)such other matters as may aid in the simplification of the proceedings. Subsequent pre-hearing conferences will be scheduled as necessary to rule on other matters as may aid in the simplification of the proceedings. Conduct of the Hearings Each page of any exhibit offered in evidence at a hearing before the Commissioner of Insurance, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three-hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner of Insurance and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example: Public Hearing before the Department of Insurance Subject of Hearing: Promulgation of Amendments to the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas Docket Number xxx Date: __________ Party: ___________ Exhibit # ______ Description of Exhibit _____ All deadlines in this notice are subject to change at the Commissioner's discretion to the extent permitted by statute and rule. TRD-9808219 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 20, 1998 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission to Texas of Government Employees Hospital Association, Inc., a foreign third party administrator. The home office is Independence, Missouri. Application for incorporation in Texas of H.C. Copeland and Associates, Inc. of Texas, (doing business under the assumed name of The Copeland Companies). a domestic third party administrator. The home office is Irving, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-910 TRD-9808076 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 18, 1998 The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration. Application for incorporation in Texas of CCS Consulting, L.P., a domestic third party administrator. The home office is Irving, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. TRD-9808220 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 20, 1998 Texas Lottery Commission Game Procedures - Instant Game Number 133 1.0 Name and Style of Game. A. The name of Instant Game Number 133 is "BUCKS 'N TRUCKS". The play style of the game is a "Key Number Match " play style. 1.1 Price of Instant Ticket. A. Tickets for Instant Game Number 133 shall be $2.00 per ticket. 1.2 Definitions in Instant Game Number 133. A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket. C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,16, 17, 18, 19, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $1,000 and TRUCK. D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in Caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: [Figure] E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are: [Figure] Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" will always have a slash through it. F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN (Void If Removed Number). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000emph: type-name="supe"00000000 G. Low-Tier Prize - A prize of $2.00, $4.00, $8.00, $10.00, or $20.00 H. Mid-Tier Prize - A prize of $50.00, $100 or $200. I. High-Tier Prize - A prize of $1,000 or a truck. J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket. K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (133 ), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 133-0000001-000. L. Pack - A pack of "BUCKS 'N TRUCKS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two. Tickets 000 to 001 are on the top page, tickets 002 to 003 are on the next page, and so forth with tickets 248 to 249 on the last page. Ticket 249 will be folded down to expose the pack-ticket number through the shrink-wrap. M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401. N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BUCKS 'N TRUCKS" Instant Game Number 133 ticket. 2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC, sec.401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BUCKS 'N TRUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose the "LUCKY NUMBERS", "YOUR NUMBERS" and Prize amount Symbols on the front of the ticket. If any "YOUR NUMBERS" Symbols match the "LUCKY NUMBERS" Symbols, the holder of the ticket wins the Prize amount directly beneath the matching number. A ticket may contain up to ten winners if there are ten matches under "YOUR NUMBERS". If a truck symbol is directly beneath the matching number, the holder of the ticket wins a 1998 Dodge Ram 1500 Special Edition Truck. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game. 2.1 Instant Ticket Validation Requirements. A. To be a valid Instant Game ticket, all of the following requirements must be met: 1. Exactly 22 Play Symbols must appear under the latex on the front of the ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each Play Symbol Caption must be present in its entirety and be fully legible; 5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink; 6. The ticket shall be intact; 7. The Validation Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible; 8. The Validation Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket; 9. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; 10. The ticket must not be counterfeit in whole or in part; 11. The ticket must have been issued by the Texas Lottery in an authorized manner; 12. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery; 13. The Play Symbols, Play Symbol Captions, Validation Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner; 14. The ticket must be complete and not miscut, and have exactly 22 Play Symbols and exactly 22 Play Symbol Captions under the latex on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket; 15. The Validation Number of an apparent winning ticket shall correspond with the Texas Lottery's Validation Numbers for winning tickets, and a ticket with that Validation Number shall not have been paid previously; 16. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 17. Each of the 22 Play Symbols must be exactly one of those described in section 1.2.C, of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D, of these Game Procedures; 18. Each of the 22 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Validation Numbers must be printed in the Validation font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack- Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 19. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 20. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines. B. The ticket must pass all additional validation tests provided for in these Game Procedures, Texas Lottery Rules, and any confidential validation and security tests of the Texas Lottery. C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion. 2.2 Programmed Game Parameters. A. Numeric play symbols 1-19 will be used for a winning match approximately evenly. B. Non-winning prize symbols on winning tickets will never be the same as the winning prize symbols. C. Adjacent tickets will not have identical patterns. D. There will never be two or more identical non-winning YOUR NUMBERS play symbols. E. There will never be identical LUCKY NUMBER play symbols. F. Winning YOUR NUMBER play spots will be approximately evenly distributed among the ten play positions. G. Winning tickets will use each LUCKY NUMBER match approximately evenly. H. Each of the numeric play symbols 1-19 will be used approximately equally as the LUCKY NUMBER symbols. I. There will never be three or more like prize symbols on a ticket except on intended multiple winners. 2.3 Procedure for Claiming Prizes. A. To claim a "BUCKS 'N TRUCKS" Instant Game prize of $2.00, $4.00, $8.00, $10.00, $20.00, $50.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedures described in sections 2.3.B, and 2.3 D of these Game Procedures. B. To claim a "BUCKS 'N TRUCKS" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at any Texas Lottery Claim Center. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a cash prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. To claim the top prize of a 1998 Dodge Ram 1500 Special Edition Truck, the claimant must sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery Claim Center. The claimant must also present a valid driver's license and proof of automobile liability insurance. If the claim is validated by the Texas Lottery and the claimant presents a valid driver's license and proof of automobile liability insurance, the claimant will be given a specific time, within ten business days of the initial visit, to return to the Texas Lottery Claim Center to be awarded the vehicle. The claimant must return to the Claim Center at the pre-scheduled time. This will be the claimant's only chance to get the vehicle at the location where the claimant presented the ticket. When awarding the top non-cash prize, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall pay the federal income tax at a rate set by the IRS for withholding, if required. D. As an alternative method of claiming a "BUCKS 'N TRUCKS" Instant Game cash prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and present both at any Texas Lottery Claim Center. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. A claimant may also claim a cash prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. E. Prior to payment by the Texas Lottery of a cash prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be: 1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission; 2. delinquent in making child support payments administered or collected by the Attorney General; 3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under the Human Resource Code, Chapter 31; 4. in default on a loan made under the Education Code, Chapter 52; or 5. in default on a loan guaranteed under the Education Code, Chapter 57,. F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, any cash winnings of a person shall be withheld until the debt or taxes are paid. G. If a claimant of a non-cash prize is delinquent or in default on a debt listed in sections E or F, the claimant will have 30 days from the date the claim is made to satisfy the debt or delinquency. The Texas Lottery must receive prior notice from the agency reporting the debt that the debt has been satisfied. If the debt or delinquency is not satisfied within the 30 days, the claimant will forfeit the non-cash prize. The date the claim is made is the date the claimant submits the claim form to a Texas Lottery Claim Center. H. If a claimant of a non-cash prize is unable to present a valid driver's license and proof of automobile liability insurance, the claimant will have 30 days from the date the claim is made to obtain a valid driver's license and proof of automobile liability insurance. If the claimant is unable to present a valid driver's license and proof of automobile liability insurance within this 30 day period, the claimant will forfeit the non-cash prize. The date the claim is made is the date the claimant submits the claim form to a Texas Lottery Claim Center. 2.4 Allowance for Delay of Payment or Award. The Texas Lottery may delay payment or award of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the ticket presented for payment; D. if the claim is subject to any deduction from the payment otherwise due, as described in section 2.3F, of these Game Procedures. E. if there is a 30 day period for the claimant to satisfy any debts or delinquencies pursuant to section 2.3G; or, F. if there is a 30 day period to allow the claimant to obtain a valid driver's license and proof of automobile liability insurance pursuant to section 2.3H. 2.5 No liability for interest for any delay shall accrue to the benefit of the claimant pending payment or award of the claim. 2.6 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BUCKS 'N TRUCKS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.7 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BUCKS 'N TRUCKS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.8 If a person under the age of 18 years is entitled to a non-cash prize from the "BUCKS 'N TRUCKS" Instant Game, the Texas Lottery shall pay the cash equivalent of the prize by depositing the amount, less any withholding, in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. The cash equivalent of the non-cash prize is $34, 950.00. The Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS, if required. 2.9 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days after the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures, Texas Lottery rules, and on the back of each ticket, shall be forfeited. 3.0 Instant Ticket Ownership. A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment. B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket. 4.0 Number and Value of Instant Prizes. There will be approximately 50,160,000 tickets in the Instant Game Number 133. The expected number and value of prizes in the game are as follows: [Figure] A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director. 5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 133 without advance notice, at which point no further tickets in that game may be sold. 6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with and abide by these Game Procedures for Instant Game Number 133, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director. TRD-9808139 Kimberly L. Kiplin General Counsel Texas Lottery Commission Filed: May 19, 1998 Texas Natural Resource Conservation Commission Correction of Errors The Texas Natural Resource Conservation Commission proposed new 30 TAC sec.sec.113.2060, 113.2061, 113.2067, and 113.2069. The rules appeared in the May 8, 1998, issue of the Texas Register, (23 TexReg 4523). On page 4526, sec.113.2069(b) there is an "or" that should have been submitted as an "and," there fore this subsection should read as follows: "...equal to or greater than 2.5 million megagrams and 2.5 million cubic meters..." Consultant Contract Award The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of aconsulting services contract award for The Community Waste Reduction Outreach Project, under the provisions of Texas Government Code, Chapter 2254. Request for Proposal Publication Date. The request for proposals was published in the January 23, 1998, issue of the Texas Register (23 TexReg 654). Description of Contract. The consultant will work closely with the agency to take over work previously performed by the agency, but also will consult with the agency to provide advice on accomplishing the transition. The work is educating and organizing local communities in the methods for accomplishing community waste reduction in order to reduce the resources dedicated to operation of municipal solid waste landfills. The contractor will utilize the limited contract funds as seed money for an ongoing organizational effort which will continue the activities after the contract through fund-raising as well as private and public grants. The reports and advice to be provided by the consultant will assist the TNRCC on this transition as well as other anticipated efforts to move public activities to the private sector. Name of the Contractor. The consultant is Recycling Coalition of Texas. The address for Recycling Coalition of Texas is P.O. Box 2359, Austin, Texas 78768. Effective Date and Value of Contract. The contract dates are May 1, 1998, through August 31, 1999. The total cost of the contract is $78,800. Deliverable Due Dates. The deliverables are due on the schedule provided as follows. All deliveries must be completed and approved prior to the contract completion date, August 31, 1999. Required deliveries and final due dates are listed as follows: Establish a Recycling Outreach Coordinator position and fill from staff or complete hiring process: 1) within four weeks of the effective date of the contract; Prepare a draft Work Plan: 2) within six weeks of the effective date of the contract; Conduct Strategic Planning Sessions to discuss and revise Work Plan: 3) within eight weeks of the effective date of the contract; Prepare final Work Plan and submit to TNRCC: 4) within ten weeks of the effective date of the contract; Establish a system to maintain records detailing the accomplishment of each task area that will supply the data required for the quarterly reports and final report in Tasks 2.2 and 2.3: 5) within 12 weeks of the effective date of the contract, make revisions after quarterly reports submission, if system has failed to capture required information; Written quarterly reports describing progress in performing activities in Work Plan and data on contacts made with communities, businesses, institutions, and organizations: 6) a report will be submitted throughout the term of the contract, within 30 days of each of the following dates: May 31, 1998, August 31, 1998, November 30, 1998, and February 28, 1999; Submit final report, summarizing results of contract in terms of outreach activities undertaken, communities and other entities involved in Clean Cities 2000, Clean Texas Star and other TNRCC programs, new Master Composters, and other yard trimmings waste reduction programs initiated: 7) submit final report within 30 days of submission of all other deliveries and satisfactory performance of all work under the contract; Train representatives from 100 communities representing all TNRCC regions of the state by conducting at least three workshops of a minimum of two days each to provide training in community waste minimization, composting, recycling, and consumer purchasing for waste reduction, recycled content, and recyclability. Provide training module, approved by TNRCC, for consumer purchasing for waste reduction, recycled content, and recyclability. Provide information to TNRCC on trainees and workshops in the reports identified: 8) train representatives from at least 25 communities within seven months of the effective date of the contract, and train a minimum of 60 communities' representatives in the first 12 months of the contract. Provide reports quarterly; conduct at least three YardWise training courses for backyard composting coordinators and instructors. Procure the Composting Council's National Backyard Composting Program manual and provide to trainees. Provide information to TNRCC on community representatives trained in the reports identified: 9) the first workshop will be conducted within six months of the effective date of the contract. The second and third workshops will be conducted within 12 months of the effective date of the contract. Submit reports quarterly; provide information to TNRCC on recruitment of communities to initiate YardWise programs, and the tasks completed by each of the 12 communities in the reports identified: 10) completion of deliverables within the term of the contract. Submit reports quarterly; provide backyard coordinators with technical assistance and materials to training Master Composters. Provide information to TNRCC on coordinators for whom technical assistance has been provided and materials distributed in the reports identified: 11) begin providing technical assistance and materials within four weeks of the effective date of the contract. Submit reports quarterly; provide elected officials and city staff of at least 20 communities with information and promotion of TNRCC's Clean Cities 2000 Program. Provide information to TNRCC on presentations, contacts, and recruitments for the Clean Cities 2000 program in the reports identified: 12) within six months of the effective date of the contract, and make a total of at least 15 presentations within the first 12 months of the contract with reports quarterly; provide public, private, educational, and non- profit organizations with information, coordination, and promotion of TNRCC's Clean Texas Star Program. At least 100 facilities with a minimum of ten members of the Clean Texas Star Program will be recruited. Provide information to TNRCC on contacts and recruitments in the reports identified: 13) at least one-third of the recruitment goal should be completed during each six-month period. Submit reports quarterly. The community waste contract was signed by the consultant on May 3, 1998, and by TNRCC on May 5, 1998. TNRCC Project Representative. The TNRCC project representative is Andrew C. Neblett, (512) 239-3166. TRD-9807945 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 14, 1998 Notice of Opportunity to Comment on Default Orders 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 Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) 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 EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to 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 June 27, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. Copies of the proposed Default Orders are 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, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 27, 1998. 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: Thomas Holland dba Acorn Mobile Home Park; DOCKET NUMBER: 97-0671- PWS-E; TNRCC ID NUMBER: 2200146; LOCATION: Tarrant County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.120 by failing to submit to the commission water samples for the Facility for lead/copper analysis for the sample period January 1, 1995 through June 30, 1995 and 30 TAC sec.341.041 by failing to pay the Public Health Service fee for Account Number 92200146 for the following periods and amounts: for the year 1996 a total of $144.49, and for the year 1997 a total of $144.49; PENALTY: $480; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239- 2195; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2) COMPANY: Car Concepts; DOCKET NUMBER: 97-028-AIR-E; TNRCC ID NUMBER: TH- 0632-0; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: automotive repair and refinishing shop; RULES VIOLATED: 30 TAC sec.116.110(a) and Texas Health and Safety Code, sec.382.0518(a) and sec.382.085(b) by spray painting vehicles in a non-enclosed, non-filtered area without obtaining a permit or satisfying the conditions of TNRCC Standard Exemption Number 124; PENALTY: $500; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, MC 175, (512) 239- 1738; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. (3)COMPANY: John Abbott dba Meadows Mobile Home Park; DOCKET NUMBER: 97-0678- PWS-E; TNRCC ID NUMBER: 1010792; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.120 by failing to submit to the commission water samples for the Facility for lead/copper analysis for the sample period January 1, 1995 through June 30, 1995 and 30 TAC sec.341.041 by failing to pay the Public Health Service fee for Account Number 91010792 for the following periods and amounts: for the year 1996 a total of $189.52, and for the year 1997 a total of $197.63.; PENALTY: $480; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239- 2195; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (4)COMPANY: Tree Masters Incorporated; DOCKET NUMBER: 97-0883-AIR-E; TNRCC ID NUMBER: TH-0665-W; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: landscape service; RULES VIOLATED: 30 TAC sec.111.201 and Texas Health and Safety Code, sec.382.085(b) by conducting unauthorized outdoor burning; PENALTY: $500; STAFF ATTORNEY: John Peeler, Litigation Support Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929. TRD-9808179 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 20, 1998 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 the Texas Water Code (TWC), sec.7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is June 27, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 27, 1998. 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: Bosque County Bank; DOCKET NUMBER: 97-0919-AGR-E; ENFORCEMENT ID NUMBER: 11682; LOCATION: Hamilton, Hamilton County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: Texas Water Code, sec.26.121 by allowing an unauthorized discharge of wastewater; PENALTY: $3,200; STAFF ATTORNEY: Robin Houston, Litigation Support Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (2) COMPANY: Forest Creek Partnership, Ltd.; DOCKET NUMBER: 97-0593-PWS-E; TNRCC ID NUMBER: 1012905; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED:30 TAC sec.290.120(c)(5) and the Texas Health and Safety Code, sec.341.031 by failing to submit water samples from the public water system for lead/copper analysis for two six-month periods; PENALTY: $1,530; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (3) COMPANY: George Forrester dba George's Pit Barbeque; DOCKET NUMBER: 97-0879- PWS-E; TNRCC ID NUMBER: 1110067; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.106 by failing to collect and submit samples for bacteriological analysis to a laboratory approved by the Texas Department of Health on a regular monthly basis; 30 TAC sec.290.46(f) by failing to maintain a disinfectant residual throughout the water distribution system at the Facility; 30 TAC sec.290.46(f)(2) by failing to measure disinfectant residual in the water distribution system using a test kit which employs a diethyl-p-phenylenediamine indicator; 30 TAC sec.290.42(i) by failing to use treatment chemicals and additional media which conforms to American National Standards Institute/National Sanitation Foundation Standard 60 for direct additives and American National Standards Institute/National Sanitation Foundation Standard 61 for indirect additives; 30 TAC sec.290.45(d)(2)(A)(ii) by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC sec.290.41(c)(1)(A) and (F) by failing to establish a 150-foot radius sanitary control easement surrounding the Facility, prohibiting all septic tanks within 50 feet of the well and all open-jointed drainfields within a 150-foot radius of the well; 30 TAC sec.290.41(c)(3)(A) by failing to submit well completion data to the commission; 30 TAC sec.290.41(c)(3)(M) by failing to provide a suitable sampling cock on the discharge pipe of each well pump prior to treatment; 30 TAC sec.290.41(c)(3)(N) by failing to provide the well with a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC sec.290.43(c) by failing to maintain the water storage tank in compliance with American Water Works Association standards; 30 TAC sec.290.43(c)(2) by failing to equip the Facility's water storage tank with a 30-inch diameter access opening that overlaps the curbing at least two inches in a downward direction and is capable of being locked in place; 30 TAC sec.290.43(c)(3) by failing to provide the overflow on the water storage tank with a gravity hinged and weighted cover; 30 TAC sec.290.43(c)(4) by failing to provide the Facility's water storage tank with a liquid level indicator; 30 TAC sec.290.46(p) by failing to inspect and maintain records of the inspections for ground storage tank and pressure tanks located at the Facility on an annual basis; 30 TAC sec.290.46(n) by failing to maintain an up-to-date map of the distribution system; and 30 TAC sec.290.46(y) by failing to install the Facility's electrical wiring in a securely mounted conduit in compliance with local or national electrical codes; PENALTY: $4,280; STAFF ATTORNEY: Tracy Harrison, Litigation Support Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4) COMPANY: Galveston Shipbuilding Company; DOCKET NUMBER: 97-0685-AIR-E; TNRCC ID NUMBER: GB-0382; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: marine barge construction, cleaning, and repair plant; RULES VIOLATED: 30 TAC sec.116.110(a) and the Texas Health and Safety Code, sec.382.0518(a) and sec.382.085(b) by constructing a new facility which may emit air contaminants into the air of this state without first obtaining a permit or other authorization from the commission; PENALTY: $3,500; STAFF ATTORNEY: Cecily Small Gooch, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (5) COMPANY: Sandhills Industries, Inc.; DOCKET NUMBER: 98-0414-IHW-E; TNRCC ID NUMBER: 33222; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: hazardous waste facility; RULE VIOLATED: 30 TAC sec.335.328 and Texas Health and Safety Code, sec.361.136 by failing to pay outstanding hazardous waste fees; PENALTY: $20,935.20; STAFF ATTORNEY: John Peeler, Litigation Support Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634. TRD-9808177 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 20, 1998 Notice of Opportunity to Comment on Shutdown Order 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 Shutdown Order. Texas Water Code, sec.26.3475 authorizes the TNRCC to order the shutdown of any Underground Storage Tank system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the Underground Storage Tank system into compliance with those regulations. The TNRCC staff proposes a shutdown order after the owner or operator of a underground storage tank facility fails by to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1993, cathodic protection violations documented at the facility. Pursuant to the Texas Water Code, sec.7.075, this notice of the proposed order 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 June 27, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Shutdown Order if a comment discloses facts or consideration that indicate that the consent to the proposed Shutdown Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Shutdown Order is not required to be published if those changes are made in response to written comments. A copy of the proposed Shutdown 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 Shutdown Order should be sent to the attorney designated for the Shutdown Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 27, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Shutdown Order and/or the comment procedure at the listed phone numbers; however, comments on the Shutdown Order should be submitted to the TNRCC in writing. (1)COMPANY: Sunpoint Aviation; DOCKET NUMBER: 96-0847-PST-E; ACCOUNT NUMBER: 34499, 2275; LOCATION: Longview, Gregg County, Texas; TYPE OF FACILITY: airplane fueling facility; RULES VIOLATED: 30 TAC sec.334.50(b)(1)(B)(i) by failing to conduct tank tightness tests at least once each year when utilizing a combination of tank tightness testing and inventory control as a release detection method; 30 TAC sec.334.50(d)(1)(B)(iii)(I) by failing to record inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tanks each operating day; 30 TAC sec.334.50(d)(1)(B)(ii) by failing to reconcile inventory records on a monthly basis; PENALTY: $0; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. TRD-9808178 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 20, 1998 Public Notice The Texas Natural Resource Conservation Commission (TNRCC or the Commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the "Act"), to identify and assess facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these sites was published in the May 22, 1998, issue of the Texas Register. Pursuant to sec.361.184 (a), the Commission must publish in the Texas Register and in a newspaper of general circulation in the county in which the facility is located a notice of intent to list a facility on the state registry of state Superfund sites. This is a notice of a facility or area that the Executive Director of the TNRCC has determined eligible for listing, and which the Executive Director proposes to list on the state registry. Also specified is the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the Executive Director. The notice of intent to list this facility was published in the Newton County News on May 28, 1998. The Newton Wood Preserving Company site is located on Highway 87 two miles south of the City of Newton, Newton County, Texas. The approximate geographic coordinates of the site are Latitude 30ø 49' 21"N, Longitude 93ø46' 30" W. The facility pressure treated lumber, timber, and piling with chromated copper arsenate (CCA) from late 1985 or early 1986 through June 1989. The size of the site is approximately 25 acres. Releases of hazardous substances from the process area via an overland/flood pathway to the wetland are the major concerns of the site. A public meeting may be requested regarding the proposed listing of the Newton Wood Preserving Company facility on the state registry. The public meeting must be requested by submitting a written request by 5:00 p.m., June 29, 1998. Interested parties may submit a written request for a public meeting or may submit written comments to the Commission relative to the proposed listing of the Newton Wood Preserving Company facility to the attention of Dean Perkins, TNRCC, Remediation Division, MC-143, P.O. Box 13087, Austin, Texas 78711-3087; telephone (800) 633-9363 (within Texas only) or (512) 239-2482. If a public meeting is requested regarding the proposed listing of this facility on the state registry, the Commission shall publish general notice of the date, time, and location of the public meeting in the Texas Register and in the Newton County News. The public meeting notice shall be provided not later than the 31st day before the date of the meeting. If a public meeting is requested, it will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Government Code, Chapter 2001). The Executive Director of the TNRCC prepared a brief summary of the Commission's records regarding this site. This summary, and a portion of the records for the site, is available for inspection and copying at the Newton Public Library, 200 East High, Newton, Texas (409) 379-8300, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the TNRCC, Central Records Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; telephone (800) 633-9363 (within Texas only) or (512) 239-2920. Copying of file information is subject to payment of a fee. TRD-9808208 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 20, 1998 North Texas Tollway Authority Request for Qualifications--Systems Integration Consultant The North Texas Tollway Authority (NTTA) is tendering a Request for Qualifications (RFQ) for a consultant to assess end product needs, develop the requirements, state the levels of performance, and produce a finished Request for Proposal (RFP) for a vendor(s) to design or provide a one-source program of software that will operate the NTTA microcomputer-based system controlling all of its toll collection devices, lanes, and associated data and signals; an integrated video enforcement system; and an electronic toll collections system and the clearing house necessary for compatibility of that system and others in the NTTA area of responsibility. This process would involve interviews of appropriate NTTA and other agency personnel to assess the needs and convert those needs to a performance based RFP. The successful consultant will have experience in all areas of toll collection technology and associated operations, such as video enforcement and system integration. He or she will not be eligible to participate in the RFP, but will remain as NTTA's consultant during the RFP issuance, response, and evaluation process. The RFP itself must reflect the NTTA mission to improve the quality of life, mobility and the regional economy of North Texas by providing fiscally sound toll facilities. Responses must be received by 4:00 p.m. June 12, 1998, at the North Tollway Authority, P.O. Box 190369, 3015 Raleigh Street, Dallas, TX 75219. TRD-9808121 James McCarley Acting Executive Director North Texas Tollway Authority Filed: May 19, 1998 Public Utility Commission of Texas Notices of Application for Amendment to Service Provider Certificate of Operating Authority On May 11, 1998, MultiTechnology Services, L.P., filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60097 on May 9, 1997, and amended on February 25, 1998. Applicant intends to change its name only to Telephone Plus. The Application: Application of MultiTechnology Services, L.P., for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19300. Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than June 3, 1998. You may contact the PUC 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. All correspondence should refer to Docket Number 19300. TRD-9807905 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 13, 1998 On May 14, 1998, U.S. OnLine Communications, L.L.C., filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60025. Applicant intends to transfer its certificate to a new entity, U.S. OnLine Communications, Inc.; change its name to U.S. OnLine Communications, Inc., and expand its geographic area to include the entire state of Texas. The Application: Application of U.S. OnLine Communications, L.L.C. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19342. Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than June 3, 1998. You may contact the PUC 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. All correspondence should refer to Docket Number 19342. TRD-9808109 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Notices of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 13, 1998, for a service provider certificate of operating authority (SPCOA), restricted to resale, 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 Telecom Licensing, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19309 before the Public Utility Commission of Texas. Applicant intends to resell local exchange services offered by the incumbent local exchange carriers, including Southwestern Bell Telephone Company and GTE Southwest, Inc., and other certificated facilities-based competitive local exchange carriers. These services include dial tone, switched access services, special and private line services, and other vertical services. The Applicant proposes to package these services for the specialized functions and needs of its customers. Applicant's requested SPCOA geographic area includes the geographic area of the entire state of Texas currently served by Southwestern Bell Telephone Company and GTE Southwest, 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 June 3, 1998. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9807943 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 14, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 15, 1998, for a service provider certificate of operating authority (SPCOA), restricted to resale, 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 Discount Calling, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19353 before the Public Utility Commission of Texas. Applicant intends to provide on a resale basis, monthly recurring, flat-rate local exchange service including extended area service, toll restriction, call control options, tone dialing, custom calling services, Caller ID and any other services that are available on a resale basis from the underlying incumbent local exchange carrier or other certificated carrier within the service area of the Applicant as a service provider. Applicant's requested SPCOA geographic area includes the entire state of Texas. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 3, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9808163 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Notices of Application for Suspension of Requirements Under P.U.C. Substantive Rule sec.23.103 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 7, 1998, for suspension of the requirements under P.U.C. Substantive Rule sec.23.103. Project Title and Number: Application of Panhandle Telephone Cooperative, Inc. for Suspension of Requirements Under P.U.C. Substantive Rule sec.23.103. Project Number 19287 before the Public Utility Commission of Texas. The Application: In Project Number 19287, Panhandle Telephone Cooperative, Inc. (Panhandle or the Cooperative) requests suspension of the requirements of Substantive Rule sec.23.103. which requires the implementation of two PIC 1+ and 0+ equal access for Texas telephone customers. In accordance with P.U.C. Substantive Rule sec.23.103(d)(2) certified telecommunication utilities providing local exchange telephone service in Texas shall file with the commission no later than August 8, 1998, an implementation plan to provide intraLATA equal access no later than February 8, 1999. There are 219 Texas customers affected by this request which represents approximately 2.0% of Panhandle's total customer base. 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 June 9, 1998. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9808107 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 7, 1998, for suspension of the requirements under P.U.C. Substantive Rule sec.23.103. Project Title and Number: Application of EagleNet, Inc. for Suspension of Requirements under P.U.C. Substantive Rule sec.23.103. Project Number 19288 before the Public Utility Commission of Texas. The Application: In Project Number 19288, EagleNet, Inc. (EagleNet or the Company) requests suspension of the requirements of Substantive Rule sec.23.103. which requires the implementation of two PIC 1+ and 0+ equal access for Texas telephone customers. In accordance with P.U.C. Substantive Rule sec.23.103(d)(2) certified telecommunication utilities providing local exchange telephone service in Texas shall file with the commission no later than August 8, 1998, an implementation plan to provide intraLATA equal access no later than February 8, 1999. There are 39 Texas customers affected by this request which represents approximately 1.0% of EagleNet's total customer base. 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 June 9, 1998. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9808108 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 8,1998, to amend a certificate of convenience and necessity pursuant to sec.sec.14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows. Docket Title and Number: Application of Texas Utilities Electric Company (TU Electric) to Amend a Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within Collin County, Docket Number 19291 before the Public Utility Commission of Texas. The Application: In Docket Number 19291, TU Electric requests approval to construct approximately 7.5 miles of 138-kV double-circuit transmission line to be known as the McKinney-Anna 138-kV Transmission Line Project in Collin County. The proposed transmission line is being constructed in order for TU Electric to meet the electrical demands of the City of Allen, City of McKinney, and the surrounding areas of Collin County which are experiencing continued growth in residential, commercial, and industrial sectors. 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 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9807942 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 14, 1998 Notices of Intent to File Pursuant to P.U.C. 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 P.U.C. Substantive Rule sec.23.27 for a 345 station addition to the existing PLEXAR-Custom service for Texas Tech University in Lubbock, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 345 Station Addition to the Existing PLEXAR-Custom Service for Texas Tech University in Lubbock, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19338. The Application: Southwestern Bell Telephone Company is requesting approval for a 345 station addition to the existing PLEXAR-Custom service for Texas Tech University in Lubbock, Texas. The designated exchange for this service is the Lubbock exchange, and the geographic market for this specific PLEXAR-Custom service is the Lubbock LATA. 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. TRD-9808110 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule sec.23.27 for an optional features addition to the existing PLEXAR-Custom service for Texas A&M - Laredo in Laredo, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for an Optional Features Addition to the Existing PLEXAR-Custom Service for Texas A&M - Laredo in Laredo, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19339. The Application: Southwestern Bell Telephone Company is requesting approval for an optional features addition to the existing PLEXAR-Custom service for Texas A&M - Laredo in Laredo, Texas. The designated exchange for this service is the Laredo exchange, and the geographic market for this specific PLEXAR-Custom service is the San Antonio LATA. 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. TRD-9808111 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule sec.23.27 for a 35 station addition to the existing PLEXAR-Custom service for Comal County in New Braunfels, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 35 Station Addition to the Existing PLEXAR-Custom service for Comal County in New Braunfels, Texas pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19341. The Application: Southwestern Bell Telephone Company is requesting approval for a 35 station addition to the existing PLEXAR-Custom service for Comal County in New Braunfels, Texas. The designated exchange for this service is the New Braunfels exchange, and the geographic market for this specific PLEXAR-Custom service is the San Antonio LATA. 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. TRD-9808112 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Public Notices of Interconnection Agreement On May 4, 1998, Southwestern Bell Telephone Company and Wholesale Network, Inc. doing business as Local Network, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19274. 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 19274. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19274. TRD-9808046 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 4, 1998, Southwestern Bell Telephone Company and Great West Services, Ltd. doing business as Simcom Communications, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19275. 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 19275. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19275. TRD-9808045 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 6, 1998, Southwestern Bell Telephone Company and Diamond Communications International, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19285. 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 19285. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19285. TRD-9808044 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 8, 1998, Panhandle Telecommunication Systems, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under Section 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) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19298. 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 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 19298. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 9, 1998. 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 P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this 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 Docket Number 19298. TRD-9808043 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 11, 1998, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint) and Preferred Carrier Services, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19301. 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 19301. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19301. TRD-9808042 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 13, 1998, KMC Telecom II, and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under Section 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) and the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19336. 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 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 19336. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 12, 1998, 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 P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this 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 Docket Number 19336. TRD-9808041 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 13, 1998, Texas HomeTel, Inc. (HomeTel) and GTE Southwest, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19337. 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 19337. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19337. TRD-9808040 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 14, 1998, NHS Communications Group, Inc. and GTE Southwest, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19344. 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 19344. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19344. TRD-9808039 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 14, 1998, Southwestern Bell Telephone Company and CTJ Investments, Inc. doing business as Texas Cellular Communications, 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, Texas Utilities Code Annotated sec.sec.11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19346. 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 19346. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19346. TRD-9808047 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 14, 1998, Southwestern Bell Telephone Company and Business Telecom, 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, Texas Utilities Code Annotated sec.sec.11.001 - 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19347. 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 19347. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19347. TRD-9808038 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 On May 14, 1998, Southwestern Bell Telephone Company and FiberWave Telecom, 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, Texas Utilities Code Annotated sec.sec.11.001 - 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19348. 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 19348. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 18, 1998, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19348. TRD-9808113 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 19, 1998 Texas Department of Protective and Regulatory Services Request for Proposal -- Pilot/Project PACE The Texas Department of Protective and Regulatory Services announces a request for proposal (RFP) for a pilot project for the competitive procurement of contracted childcare and related services for children in PRS conservatorship and their families. This pilot is known as Project PACE. Brief Description of Pilot: The Department wishes to establish a pilot in ten (10) counties in the Arlington region (Region 3) to test service delivery to children and families in a system that provides, under a primary contractor, a continuum of care including all levels of placement services, assessment services and treatment services, and is funded in a way which differs from the current rate methodology. PRS will establish an average rate per child per day. Bidders will bid services. In subsequent phases of this pilot, the Department is planning expansion of services to possibly include additional services to families (e.g., reunification and aftercare services), as well as adoption services, a case rate and expansion of the geographic area served within Region 03. At the present time, the Department has a pending application for a Title IV-E Demonstration Project (referred to as Project PACE Phase II) which would authorize these additional services at a case rate. If the demonstration project is approved, the Department will consider expanding Project PACE Phase I to include the new services and the case rate, as well as possibly expanding the geographical area served, without issuing another RFP. The Department anticipates that this expansion would be implemented in FY 2000. Federal approval of the demonstration project is not guaranteed. Eligible Bidders: Eligible bidders are 24-hour, residential child care providers licensed as a child placing agency in the state of Texas. Bidders must be licensed at the time of bid. Historically underutilized businesses are encouraged to respond. Closing Date: Responses to the RFP will be accepted until July 31, 1998, 4:00 p.m., Central Daylight Standard Time. Responses submitted after that time will not be accepted. Budget Conference and Offerors' Conference: A budget conference to assist bidders in the RFP budget preparation process will be held on June 18, 1998, 9:00 a.m. and an offeror's conference will be held for potential RFP bidders on June 18, 1998, 1:30 p.m. These will be held at the University of Texas at Arlington, 211 S. Cooper, Room 109, Arlington, Texas. Written Questions: Written questions regarding the RFP may be mailed to PRS until June 22, 1998. Questions will not be accepted after this date. Written questions will be answered in writing and mailed by PRS no later than July 3, 1998. Selection and Evaluation: Evaluation of the RFP responses by a team of representatives from PRS and other state agencies will begin on August 10, 1998. Bids will be evaluated based upon the best service delivery model proposed by the bidders. Factors to be considered will be: direct delivery services, coordination of services, management services and organizational experience and allocation of expenses of the budget. RFP Packets: On the release date, the RFP will be mailed only to those potential bidders who have requested in writing that PRS send them a copy. Other interested eligible persons may request a copy of the RFP from the agency contact person identified below. Contract Award Date and Implementation: A contract will be awarded on September 1, 1998 and the parties will begin phasing in the implementation of the contract. Contact Person: Responses must be submitted to Cindy Bourland, mail code E-620, Texas Department of Protective and Regulatory Services, mailing address: P. O. Box 149030, Austin, Texas 78714-9030; street address: 701 West 51st St. (Winters Bldg., Sixth Floor, East Tower, Section D), Austin, Texas 78751, ph: (512) 438- 4182, fax: (512) 438-3394. TRD-9808173 C. Ed Davis Deputy Commissioner for Legal Services Texas Department of Protective and Regulatory Services Filed: May 19, 1998 Texas Department of Transportation Notice of Intent Pursuant to 43 TAC sec.2.43 (e)(3), the Texas Department of Transportation (TxDOT) is issuing this notice to advise the public that the scope of the environmental impact statement (EIS) for the proposed State Highway 121 (S.H. 121) project in Tarrant County, Texas, will be revised. The project was initially planned to be studied in a single EIS with limits from Interstate Highway 35 West (I.H. 35W) in Fort Worth, Tarrant County, to State Highway 174 (S.H. 174) in Johnson County. A first Notice of Intent (NOI) was published in the August 4, 1988, Federal Register with the S.H. 121 EIS limits being proposed for the South Section of the project from I.H. 20 to S.H. 174. A second NOI was published in the April 5, 1990, Federal Register with the S.H. 121 EIS limits being proposed for the North Section of the project from I.H. 35W to I.H. 20. This third NOI will change the scope of the EIS. The result will be a change of the limits and scope of the freeway project with portions that are proposed to be developed as a toll road where it is determined to be economically feasible. The limits of the EIS for the proposed project are now portions of the North and the South Sections of S.H. 121 and will extend from Interstate Highway 30 (I.H. 30) in Fort Worth to Farm to Market Road 1187 (F.M. 1187), all within Tarrant County. The previous documentation was subdivided into a Draft EIS (DEIS) for the North Section with another DEIS for the South Section. The DEIS for the South Section was completed and a public hearing was held but a Record of Decision was not issued. The DEIS for the North Section was not completed and work was suspended. The new EIS for the proposed facility will cover a part of the South Section from I.H. 20 to F.M. 1187 and part of the North Section from I.H. 30 to I.H. 20. Companion documentation is being prepared separately for the remainder of the North Section of the proposed facility from I.H. 35W to I.H. 30 in Fort Worth, Tarrant County, as well as the remainder of the South Section of the proposed facility from F.M. 1187 in Tarrant County to U.S. Highway 67 (U.S. 67) in Cleburne, Johnson County. Numerous public involvement activities have taken place during the development of the proposed project and will continue until a general consensus is reached on a preferred alternative. Many alternatives and routes have been considered. Among the alternatives considered for the proposed project are no-build, freeway development, and toll road development. To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Agency Contact: Comments or questions concerning the proposed action and the EIS should be directed to Randy Bowers, P. E., Design Engineer, Texas Department of Transportation, 2501 SW Loop 820, Fort Worth, Texas 76133, (817) 370-6746. TRD-9808200 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: May 20, 1998 Notice of Invitation-Abilene District The Texas Department of Transportation (TxDOT) intends to enter a contract with a professional engineer pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work type is a non- listed work category. To qualify for the contract award, a selected prime engineer must perform a minimum of 30% of the actual contract work. Please be advised that a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer and a surveyor registered in Texas who will sign and seal the work to be performed on the contract. Contract Number 08-845P5002: Precertified work categories and the percent of work per category are: 2.14.1 - Environmental Document Preparation (5%); 3.1.1 - Route Studies and Schematic Design - Minor Roadway (10%); 3.5.1 - Major Bridge Layouts (10%); 4.2.1 - Major Roadway Design (15%); 5.2.1 - Major Bridge Design (15%); 8.1.1 - Signing, Pavement Marking and Channelization (2%); 8.2.1 - Illumination (1%); 10.1.1 - Hydrologic Studies (5%); 10.2.1 - Basic Hydraulic Design (5%); 14.1.1 - Soil Exploration (2%); 15.1.1 - Survey (5%); 15.1.2 - Parcel Maps (5%); 15.1.3 - Legal Descriptions (5%); 15.1.4 - Right of Way Maps (5%); 15.2.1 - Design Survey (5%); 15.3.1 - Aerial Mapping (2%); 15.4.1 - Horizontal and Vertical Control for Aerial Mapping (3%). The work to be performed shall consist of the preparation of plans, specifications and estimate (PS and E) documents necessary to realign Farm to Market 604 and construct an overpass on this realignment over the Union Pacific railroad in Clyde, Texas, in Callahan County. The existing roadway is functionally classified as a major rural collector road. The route will provide a better access to traffic from FM 604 to IH 20. The length of the project is 2.40 kilometers (1.49 miles). Historically Underutilized Business (HUB) Goal: The goal for HUB participation in the work to be performed under this contract is 10% of the contract amount. Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers. 1. Past Performance Scores: Minimum Requirements - The Prime provider shall have satisfactory references, names and phone numbers for preparing PS and E for two separate major bridge projects. Preferred Requirements - The Prime provider and all subproviders shall have satisfactory references, names and phone numbers for preparing PS and E for four separate major bridge projects. 2. Project Requirements (Team Capability/ Experience): Environmental Document Preparation (2.14.1); Route Studies and Schematic Design - Minor Roadways (3.1.1); Major Bridge Layouts (3.5.1); Major Roadway Design (4.2.1); Major Bridge Design (5.2.1); Signing, Pavement Marking and Channelization (8.1.1); Illumination (8.2.1); Hydrologic Studies (10.1.1); Basic Hydraulic Design (10.2.1); Soil Exploration (14.1.1); Right of Way Surveys (15.1.1); Parcel Maps (15.1.2); Legal Descriptions (15.1.3); Right of Way Maps (15.1.4); Design Survey (15.2.1); Aerial Mapping (15.3.1); Horizontal and Vertical Control for Aerial Mapping (15.4.1): Minimum Requirements - In addition to minimum requirements established by the precertification standards, the individual team member(s) responsible for the development of the assigned work category(s) on this project must demonstrate that they have worked on two similar type projects. Preferred Requirements - The individual team member(s) responsible for the development of the assigned work category(s) on this project must demonstrate that they have worked on four similar type projects. 3. Special (similar) Project Related Experience of Project Manager and Team Members: Major Bridge Layouts (3.5.1): Minimum Requirements - The Project Manager must demonstrate his/her experience in Major Bridge Layouts on two similar type projects. Preferred Requirements - The Project Manager must be precertified in Major Bridge Layouts and demonstrate his/her experience on four similar type projects. Major Roadway Design (4.2.1): Minimum Requirements - The Project Manager must demonstrate his/her experience in Minor Roadway Design on two similar type projects. Preferred Requirements - The Project Manager must be precertified in Major Roadway Design and demonstrate his/her experience on four similar type projects. Major Bridge Design (5.2.1): Minimum Requirements - The Project Manager must demonstrate his/her experience in Major Bridge Design on two similar type projects. Preferred Requirements - The Project Manager must be precertified in Major Bridge Design and demonstrate his/her experience on four similar type projects. Basic Hydraulic Design (10.2.1): Minimum Requirements - The Project Manager must demonstrate his/her experience in Basic Hydraulic Design on two similar type projects. Preferred Requirements - The Project Manager must be precertified in Basic Hydraulic Design and demonstrate his/her experience on four similar type projects. "Special (similar) Project Related Experience" for work categories Environmental Documentation Preparation (2.14.1); Route Studies And Schematic Design - Minor Roadway (3.1.1); Signing, Pavement Marking and Channelization (8.1.1); Illumination (8.2.1); Hydrologic Studies (10.1.1); Soil Exploration (14.1.1); Survey (15.1.1); Parcel Maps (15.1.2); Legal Descriptions (15.1.3); Right of Way Maps; (15.1.4); Design Survey (15.2.1); Aerial Mapping (15.3.1); and Horizontal and Vertical Control for Aerial Mapping (15.4.1) are not applicable for this contract. 4. Evidence of Compliance with Assigned HUB Goal: A provider receives three points for meeting the assigned goal or zero points for not meeting the assigned goal. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 676-6902 or by mail/hand delivery to TxDOT, Abilene District, Attention: Blair W. Haynie, P.E., 4250 N. Clack, Abilene, Texas 79604. Letters of interest will be received until 5:00 p.m. on June 12, 1998. Letter of Interest Requirements: The letter of interest is limited in length to three 8 1/2 x 11 inch pages (10 or 12 point font size, single sided with no attachments or appendices) and must include the following: contract number 08- 845P5002; an organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice including references for related projects. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Blair W. Haynie, P.E., at (915) 676-6824 or fax (915) 676-6902. TRD-9808198 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: May 20, 1998 Notice of Invitation-Lubbock District The Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional architect/engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A and 43 TAC sec.sec.9.30-9.43, to provide the following services. To be considered, a prime provider and any subproviders proposed on the team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award, a selected prime architect/engineer must perform a minimum of 30% of the actual contract work. Please be advised that a prime provider or subprovider currently employing former TxDOT employees needs to be aware of the revolving door laws including Texas Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer and a registered architect registered in Texas who will sign and seal the work to be performed on the contract. Contract Number 05-845P8001: The precertified work categories and the percent of work per category are: 16.1.1 Architecture - Buildings (75%). The two required non-listed (N.L.) work categories and the percentage of work are: N.L.1 - Mechanical, Plumbing and Electrical Engineering services (22%); and N.L.2 - Hazardous Materials Survey (3%). The work to be performed shall consist of the development of an architectural master plan, schematics and construction plans and specifications for the Hale County Farm and Ranch Museum in Hale Center, Texas. The project involves the interior and exterior renovation of the original 1909 Hale Center Santa Fe Depot. Disadvantaged Business Enterprise (DBE) Goal: The goal for DBE participation in the work to be performed under this contract is 5% of the contract amount. Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers. 1. Past Performance Scores: Minimum Qualifications - The Team must provide names and phone numbers of two references (four preferred) which can be verified on similar type of work. 2. Project Requirements (Team Capability/Experience): Architecture - Buildings (16.1.1): Minimum Requirements: The team must include one professional architect with three years of architectural design experience on two projects. Preferred Requirements: The team must include one professional architect with five years of architectural design experience on four projects. N.L.1 - Mechanical, Plumbing and Electrical Engineering Services (Non-Listed Category): Minimum Requirements: The team must also include the following: One professional engineer with three years experience (five years preferred) who has completed two projects (four preferred) in mechanical engineering; one professional engineer with three years experience (five years preferred) who has completed two projects (four preferred) in electrical engineering; and a plumber with three years experience (five years preferred). N.L.2 - Hazardous Materials Survey (Non-Listed Category): Minimum Requirements: The team must include one member with three years experience (five years preferred) in hazardous materials surveying on two projects (four preferred). 3. Special (Similar) Project Related Experience of Project Manager and Team Members: Architecture - Buildings (16.1.1): Minimum Requirements: The Project Manager must explain and adequately demonstrate his/her experience developing architectural plans and specifications for the renovation of historic structures. Preferred Requirements: The Project Manager must explain and adequately demonstrate his/her experience with methods and procedures for minimizing costs associated with the renovation of historic structures. N.L.1 - Mechanical, Plumbing and Electrical Engineering Services (Non-Listed Category): Minimum Requirements: The proposed team members must explain and adequately demonstrate their experience developing engineering plans and specifications for mechanical, plumbing and engineering work. Preferred Requirements: The proposed team members must explain and adequately demonstrate their experience developing engineering plans and specifications for mechanical, plumbing and engineering work, while minimizing costs. N.L.2 - Hazardous Materials Survey (Non-Listed Category): Minimum Requirements: The proposed team member must explain and adequately demonstrate his/her experience conducting and reviewing hazardous materials surveys. Preferred Requirements: The proposed team member must explain and adequately demonstrate his/her experience conducting and reviewing hazardous materials surveys and demonstrate methods for reducing the costs associated with hazardous materials mitigation. 4. Evidence of Compliance with Assigned DBE Goal: A provider receives three points for meeting the assigned goal or zero points for not meeting the assigned goal. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (806) 748-4380, by mail at P.O. Box 771, Lubbock, Texas 79408 or hand delivery to TxDOT at 135 Slaton Road, Lubbock, Texas. Letters should be sent to the attention of Steven P. Warren, P.E. Letters of interest will be received until 5:00 p.m., CDT on Friday, June 12, 1998. Letter of Interest Requirements: The letter of interest is limited in length to three 8 1/2 x 11 pages (10 or 12 point font size, single sided with no attachments or appendices, other than the required references), and must include the contract number 05-845P8001. An organizational chart containing the names, addresses, telephone and fax numbers of the prime provider and any subproviders proposed for the team and their contract responsibilities by work category must be included in the letter of interest. In addition, the letter of interest must include the following information: certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned DBE goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Steven P. Warren, P.E., at (806) 748-4490 or fax (806) 748-4380. TRD-9808199 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: May 20, 1998 University of Houston System Request for Proposal-Bond Counsel Services The University of Houston System (UH System) requests proposals from law firms interested in representing UH System and its component institutions in tax- exempt bond matters. This RFP is issued to establish (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which UH System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific bond matters as the need arises. These include the usual and necessary services of a bond counsel in connection with the issuance, sale and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law. Description. The UH System comprises four universities--the University of Houston, University of Houston-Clear Lake, University of Houston-Downtown, and University of Houston-Victoria--each with a different mission, that together serve the diverse educational needs of the Houston metropolitan area and the upper Gulf Coast region. The System has retained Vinson & Elkins, L.L.P. for issuance of Consolidated Revenue Refunding Bonds, Series 1990A and 1990B; Consolidated Revenue Refunding Bonds, Series 1993; Consolidated Revenue Bonds, Series 1993A and 1995; Higher Education Assistance Fund Anticipation Notes, Series 1994; and Consolidated Revenue Refunding Bonds, Series 1996; Consolidated Revenue Bonds, Series 1997; Consolidated Revenue Bonds, Series 1997; and approximately twelve other bond issues during the decades of the 1960's and 1970's. UH System seeks qualified firms to provide usual and necessary legal services in connection with the issuance, sale and delivery of certain tax- exempt bonds and/or notes. Federal tax related matters regarding bonds issued by the UH System, including strategies and management practices in the conduct of an exempt debt program requires a close working relationship with bond counsel. Contact is frequent, particularly in regard to the Revenue Financing System program. UH System invites responses to this RFP from qualified firms for the provision of such legal services under the direction and supervision of UH System's Office of the General Counsel. Responses. Responses to this RFP should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in bond issuance matters; (2) a description of the firm's or attorney's past experience as Bond Counsel for other state agencies and for tax-exempt bonds or notes issued by other institutions of higher education for the period from January 1, 1990 to the present, including the identity of the Issuer, the amount and type of bonds or notes, and the purpose for the issuance in our description; (3) the names, experience, and technical expertise of each attorney who may be assigned to the work on such matters, and the availability of the lead attorney and others assigned to the project; (4) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to UH System's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost control(s) and billable expenses; (5) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UH System or to the State of Texas, or any of its board, agencies, commissions, universities, or elected or appointed official(s); and (6) confirmation of willingness to comply with policies, directives, and guidelines of the UH System and the Attorney General of Texas. Law firms responding to this proposal must have an office in Texas. The firm should have a place of business in Houston, Texas, or be willing to either waive, or substantially limit, the expenses attributable to travel. All travel expenses are to be borne by the law firm. The successful law firms and/or attorneys will provide services at an agreed hourly rate that shall represent at least a 10% discount from the usual rate charged by such attorney and/or firm. Paralegals, upon prior written approval by UH, may provide services at an agreed hourly rate that shall represent at least a 10% discount from the usual rate charged by such paralegal. The successful law firms and/or attorneys will complete and submit an "Affirmative Action Questionnaire" and provide other appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular. Format and Person to Contact. An original and two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposals--Bond Counsel Services," and addressed to Dennis P. Duffy, General Counsel, Office of the General Counsel, University of Houston System, 4800 Calhoun Street, Suite 212, Houston, Texas 77204-2162 (telephone (713) 743-0949 for questions). Deadline for Submission of Responses. All responses must be received by the Office of General Counsel of the UH System at the address set forth above no later than Noon on Tuesday, June 30, 1998. Proposal Evaluation. The System intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will weigh heavily in the evaluation process. The system reserves the right to negotiate the proposal that, in its discretion, best meets the System's needs. Acceptance of any proposal will be contingent upon approval of an executed agreement for legal services approved by the UH System General Counsel and the Attorney General and, where required, by the UH System Board of Regents. Upon acceptance of the submitted proposals, remaining law firms will be notified of the decision in a timely manner. TRD-9808120 Dennis P. Duffy General Counsel University of Houston System Filed: May 19, 1998 Request for Proposal-Intellectual Property Counsel Services The University of Houston System (UH System) requests proposals from law firms interested in representing UH System and its component institutions in intellectual property matters. This RFP is issued to establish (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which UH System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific intellectual property matters as the need arises. Description. The UH System comprises four universities--the University of Houston, University of Houston-Clear Lake, University of Houston-Downtown, and University of Houston-Victoria--each with a different mission, that together serve the diverse educational needs of the Houston metropolitan area and the upper Gulf Coast region. Research activities and other educational pursuits at each institution produce intellectual property that is carefully evaluated for protection and licensing to commercial entities. UH System will engage outside counsel to prepare, file, prosecute, and maintain patent applications in the United States and other countries; secure copyright protection for computer software; and to prepare, file and prosecute applications to register trademarks and service marks in the United States and other countries. UH System will also engage outside counsel from time to time to pursue litigation against infringers of these intellectual property rights. UH System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of UH System's Office of the General Counsel. The UH System has the sole discretion, and reserves the right, to reject any and all proposals received in response to this request and to cancel the request if it is deemed in the best interests of the UH System to do so. Issuance of this proposal request in no way constitutes a commitment by the UH System to award a contract, nor to pay for any legal services incurred either in the preparation of a response to this proposal request or for the production of any contract for legal services. All fees and expenses, if any, for legal services shall be paid only out of the costs of issuance, and are therefore contingent upon issuance. Responses. Responses to this RFP should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in intellectual property-related matters; (2) the names, experience, and technical expertise of each attorney who may be assigned to the work on such matters, and the availability of the lead attorney and others assigned to the project; (3) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to UH System's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost control(s) and billable expenses; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UH System or to the State of Texas, or any of its board, agencies, commissions, universities, or elected or appointed official(s); and (5) confirmation of willingness to comply with policies, directives, and guidelines of the UH System and the Attorney General of Texas. Law firms responding to this proposal should have a place of business in Houston, Texas, or be willing to either waive, or substantially limit, the expenses attributable to travel. All travel expenses are to be borne by the law firm. The successful law firms and/or attorneys will provide services at an agreed hourly rate that shall represent at least a 10% discount from the usual rate charged by such attorney and/or firm. Paralegals, upon prior written approval by UH, may provide services at an agreed hourly rate that shall represent at least a 10% discount from the usual rate charged by such paralegal. The successful law firms and/or attorneys will complete and submit an "Affirmative Action Questionnaire" and provide other appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal: Intellectual Property Counsel Services," and addressed to Dennis P. Duffy, General Counsel, Office of the General Counsel, The University of Houston System, 4800 Calhoun Street, Suite 212, Houston, Texas 77204-2162 (telephone (713) 743-0949 for questions). The submitted proposal must be executed by a duly authorized representative of the proposer. All unsigned proposals will be rejected. Deadline for Submission of Responses. All responses must be received by the Office of General Counsel of the UH System at the address set forth above no later than Noon, Tuesday, June 30, 1998. Proposal responses, modifications or addenda to an original response received by the System after that specified time and date for responses will not be considered. Proposal Evaluation. The System intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will weigh heavily in the evaluation process. The system reserves the right to negotiate the proposal that, in its discretion, best meets the System's needs. Acceptance of any proposal will be contingent upon approval of an executed agreement for legal services approved by the UH System General Counsel and the Attorney General and, where required, by the UH System Board of Regents. Upon acceptance of the submitted proposals, remaining law firms will be notified of the decision in a timely manner. TRD-9808119 Dennis P. Duffy General Counsel University of Houston System Filed: May 19, 1998 Request for Proposals-Real Estate Counsel Services The University of Houston System (UH System) requests proposals from law firms interested in representing UH System and its component institutions in real estate matters. This RFP is issued to establish (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which UH System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific real estate matters as the need arises. Description. The UH System comprises four universities--the University of Houston, University of Houston-Clear Lake, University of Houston-Downtown, and University of Houston-Victoria--each with a different mission, that together serve the diverse educational needs of the Houston metropolitan area and the upper Gulf Coast region. UH System and its component institutions may acquire, maintain, and dispose of interests in real estate through purchase, leasing and rental agreements, condemnation, and otherwise. UH System will engage outside counsel from time to time to provide legal counsel and advice to the UH System on matters pertaining to real estate law. This legal counsel and advice will include, but not be limited to, the following: dealings with the appropriate federal, state, and local authorities, transactions relating to purchase and sale of real estate interests, environmental issues relating to real estate acquisition and disposition, and general real estate matters. The UH System has the sole discretion, and reserves the right, to reject any and all proposals received in response to this request and to cancel the request if it is deemed in the best interests of the UH System to do so. Issuance of this proposal request in no way constitutes a commitment by the UH System to award a contract, nor to pay for any legal services incurred either in the preparation of a response to this proposal request or for the production of any contract for legal services Responses. Responses to this RFP should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in real estate matters; (2) the names, experience, and technical expertise of each attorney who may be assigned to the work on real estate matters, and the availability of the lead attorney and others assigned to the project; (3) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to UH System's real estate matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost control(s) and billable expenses; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UH System or to the State of Texas, or any of its board, agencies, commissions, universities, or elected or appointed official(s); and (5) confirmation of willingness to comply with policies, directives, and guidelines of the UH System and the Attorney General of Texas. Law firms responding to this proposal should have a place of business in Houston, Texas, or be willing to either waive, or substantially limit, the expenses attributable to travel. All travel expenses are to be borne by the law firm. The successful law firms and/or attorneys will provide services at an agreed hourly rate that shall represent at least a 10% discount from the usual rate charged by such attorney and/or firm. Paralegals, upon prior written approval by UH, may provide services at an agreed hourly rate that shall represent at least a 10% discount from the usual rate charged by such paralegal. The successful law firms and/or attorneys will complete and submit an "Affirmative Action Questionnaire" and provide other appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal: Real Estate Counsel Services," and addressed to Dennis P. Duffy, General Counsel, Office of the General Counsel, The University of Houston System, 4800 Calhoun Street, Suite 212, Houston, Texas 77204-2162 (telephone (713) 743-0949 for questions). The submitted proposal must be executed by a duly authorized representative of the proposer. All unsigned proposals will be rejected. Deadline for Submission of Responses. All responses must be received by the Office of General Counsel of the UH System at the address set forth above no later than Noon on Tuesday, June 30, 1998. Proposal responses, modifications or addenda to an original response received by the System after that specified time and date for responses will not be considered. Proposal Evaluation. The System intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will weigh heavily in the evaluation process. The system reserves the right to negotiate the proposal that, in its discretion, best meets the System's needs. Acceptance of any proposal will be contingent upon approval of an executed agreement for legal services approved by the UH System General Counsel and the Attorney General and, where required, by the UH System Board of Regents. Upon acceptance of the submitted proposals, remaining law firms will be notified of the decision in a timely manner. TRD-9808118 Dennis P. Duffy General Counsel University of Houston System Filed: May 19, 1998 Request for Proposals-Tax Counsel The University of Houston System (UH System) requests proposals from law firms interested in representing UH System and its component institutions in certain federal tax matters. This RFP is issued to establish (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which UH System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific federal tax matters as the need arises. Description. The UH System comprises four universities--the University of Houston, University of Houston-Clear Lake, University of Houston-Downtown, and University of Houston-Victoria--each supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, grants, gifts, sponsored research and other sources of revenue, all of which may be impacted by the Internal Revenue Service. For assistance with such issues, UH System will engage outside counsel to provide legal counsel and advice to the UH System on matter pertaining to federal income, estate, gift, employment, and excise taxes. This legal counsel and advice will include, but not be limited to, the following: dealings with the IRS in audits, IRS appeals, U.S. Tax Court, and other tax matters. Also Benefits such as the Optional Retirement Program, 403 (b) and 457 (a) and (f) plans. Income Tax matters will also include unrelated business income tax as it relates to universities; and federal tax matters regarding compensation issues. The law firm must be admitted to practice before the United States Tax Court. UH System invites responses to this RFP from qualified firms for the provision of such legal services under the direction and supervision of UH System's Office of the General Counsel. Responses. Responses to this RFP should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in federal tax-related matters including experience handling state pension issues and plans available only to universities; (2) the names and experience of the attorneys who may be assigned to the project; (3) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to UH System's federal tax-related matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost control(s) and billable expenses; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UH System or to the State of Texas, or any of its board, agencies, commissions, universities, or elected or appointed official(s); and (5) confirmation of willingness to comply with policies, directives, and guidelines of the UH System and the Attorney General of Texas. The firm should have a place of business in Houston, Texas, or be willing to either waive, or substantially limit, the expenses attributable to travel. All travel expenses are to be borne by the law firm. The successful law firms and/or attorneys will provide services at an agreed hourly rate which shall represent at least a 10% discount from the usual rate charged by such attorney and/or firm. Paralegals, upon prior written approval by UH, may provide services at an agreed hourly rate which shall represent at least a 10% discount from the usual rate charged by such paralegal. The successful law firms and/or attorneys will complete and submit an "Affirmative Action Questionnaire" and other appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal: Tax Counsel," and addressed to Dennis P. Duffy, General Counsel, Office of the General Counsel, The University of Houston System, 4800 Calhoun Street, Suite 212, Houston, Texas 77204-2162 (telephone (713) 743-0949 for questions). Deadline for Submission of Responses. All responses must be received by the Office of General Counsel of the UH System at the address set forth above no later than Noon on Tuesday, June 30, 1998. Proposal Evaluation. The System intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will weigh heavily in the evaluation process. The system reserves the right to negotiate the proposal that, in its discretion, best meets the System's needs. Acceptance of any proposal will be contingent upon approval of an executed agreement for legal services approved by the UH System General Counsel and the Attorney General and, where required, by the UH System Board of Regents. Upon acceptance of the submitted proposals, remaining law firms will be notified of the decision in a timely manner. TRD-9808117 Dennis P. Duffy General Counsel University of Houston System Filed: May 19, 1998 Request for Proposals-Telecommunication Counsel Services The University of Houston System (UH System) requests proposals from law firms interested in representing UH System and its component institutions in communications law matters. This RFP is issued to establish (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which UH System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific telecommunication matters as the need arises. Description. The UH System comprises four universities--the University of Houston, University of Houston-Clear Lake, University of Houston-Downtown, and University of Houston-Victoria--each with a different mission, that together serve the diverse educational needs of the Houston metropolitan area and the upper Gulf Coast region. KUHT-TV (Channel 8), Houston Public Television is licensed to the University of Houston System Board of Regents. As a public service entity of the UH System, KUHT carries on a variety of public broadcasting services. KUHT receives no appropriations from the State of Texas; the state, by law, may not fund television broadcasting. Funding for the station is obtained from a Community Service Grant from the Corporation for Public Broadcasting, underwriting of programs and production by businesses and foundations, and monies raised from the community through memberships and special fund-raising events. The UH System provides transmission facilities and support services for KUHT. KUHF 88.7 is a professional, listener-supported 100,000-watt radio station serving the Houston and the greater Gulf Coast region with classical music and news 24 hours a day. Located at the University of Houston and licensed to the Board of Regents of the UH System, KUHF receives its financial support from corporate underwriting partnerships, individual memberships and special fund-raising events. A grant is also received from the Corporation for Public Broadcasting. UH System will engage outside counsel from time to time to provide legal counsel and advice to the UH System on matters pertaining to Federal telecommunications law. This legal counsel and advice will include, but not be limited to, the following: dealings with the Federal Communications Commission, file and prosecuting applications before the FCC, licensing renewal and maintenance, and general telecommunications matters. The UH System has the sole discretion, and reserves the right, to reject any and all proposals received in response to this request and to cancel the request if it is deemed in the best interests of the UH System to do so. Issuance of this proposal request in no way constitutes a commitment by the UH System to award a contract, nor to pay for any legal services incurred either in the preparation of a response to this proposal request or for the production of any contract for legal services Responses. Responses to this RFP should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience with the Federal Communications Commission and other agencies in telecommunications; (2) the names, experience, and technical expertise of each attorney who may be assigned to the work on such matters, and the availability of the lead attorney and others assigned to the project; (3) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to UH System's telecommunication matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost control(s) and billable expenses; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UH System or to the State of Texas, or any of its board, agencies, commissions, universities, or elected or appointed official(s); and (5) confirmation of willingness to comply with policies, directives, and guidelines of the UH System and the Attorney General of Texas. Law firms responding to this proposal should have a place of business in Houston, Texas, or be willing to either waive, or substantially limit, the expenses attributable to travel. All travel expenses are to be borne by the law firm. The successful law firms and/or attorneys will provide services at an agreed hourly rate which shall represent at least a 10% discount from the usual rate charged by such attorney and/or firm. Paralegals, upon prior written approval by UH, may provide services at an agreed hourly rate which shall represent at least a 10% discount from the usual rate charged by such paralegal. The successful law firms and/or attorneys will complete and submit an "Affirmative Action Questionnaire" and provide other appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal: Telecommunication Counsel Services," and addressed to Dennis P. Duffy, General Counsel, Office of the General Counsel, The University of Houston System, 4800 Calhoun Street, Suite 212, Houston, Texas 77204-2162 (telephone (713) 743-0949 for questions). The submitted proposal must be executed by a duly authorized representative of the proposer. All unsigned proposals will be rejected. Deadline for Submission of Responses. All responses must be received by the Office of General Counsel of the UH System at the address set forth above no later than Noon on Tuesday, June 30, 1998. Proposal responses, modifications or addenda to an original response received by the System after that specified time and date for responses will not be considered. Proposal Evaluation. The System intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at fair and reasonable prices. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will weigh heavily in the evaluation process. The system reserves the right to negotiate the proposal that, in its discretion, best meets the System's needs. Acceptance of any proposal will be contingent upon approval of an executed agreement for legal services approved by the UH System General Counsel and the Attorney General and, where required, by the UH System Board of Regents. Upon acceptance of the submitted proposals, remaining law firms will be notified of the decision in a timely manner. TRD-9808116 Dennis P. Duffy General Counsel University of Houston System Filed: May 19, 1998 Board for Lease of University Lands Notice of Adoption of Rules of the Board for Lease of University Lands. The Board for Lease of University Lands adopts rules pursuant to the board's authority to adopt rules for the administration and enforcement of Texas Education Code, Chapter 66, Subchapter D and oil and gas leases issued thereunder. The rules will be effective upon the repeal of existing rules, which repeal was adopted by the board on May 19, 1998. A copy of the rules can be viewed at and copied from http://www.utlands.utsystem.edu or is available by request from the office of the Board for Lease of University Lands, 201 West 7th Street, OGC, Austin, Texas 78701 or by calling Loretta Loyd at (512) 499-4462. No comments were received following the publication of the Notice of Availability of Proposed Rules of the Board for Lease of University Lands in the Texas Register on April 3, 1998 (23 TexReg 3628). The new rules contain the following Chapters and Subchapters: Chapter 1 General Administrative Provisions Subchapter 1.1 Definitions Subchapter 1.2 Applicability Subchapter 1.3 Organization of the Board for Lease of University Lands Subchapter 1.4 Submissions and Payments Subchapter 1.5 Investigation of University Lands Chapter 2 Oil and Gas Leases Subchapter 2.1 Lease Sales Subchapter 2.2 Oil and Gas Leases Chapter 3 Payment and Related Documents, and Reports Subchapter 3.1 Cash Royalty Payments and Reports Subchapter 3.2 Payment of Royalty In Kind Subchapter 3.3 Penalties, Fees, and Other Amounts Payable Chapter 4 Other Board Actions Subchapter 4.1 Actions Affecting the Lease Term or Effectiveness of the Lease Subchapter 4.2 Pooling and Unitization Agreements Subchapter 4.3 Adoption of Forms Chapter 5 Operations on University Lands Subchapter 5.1 Required Applications, Approvals, and Reporting Subchapter 5.2 Applications Subchapter 5.3 Commingling Subchapter 5.4 Lease Automatic Custody Transfer (LACT) Systems Subchapter 5.5 Miscellaneous Operations Chapter 6 Compliance Subchapter 6.1 Field Inspections Subchapter 6.2 Record Keeping Subchapter 6.3 Penalties Chapter 7 Measurement of Production Subchapter 7.1 Oil and Gas Production and Measurement TRD-9808214 Pamela S. Bacon Secretary Board for Lease of University Lands Filed: May 20, 1998 The University of Texas System Requests for Information (RFI) The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in communications law matters involving the Federal Communications Commission (FCC). This RFI is issued to establish (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific communications law matters as the need arises. Description. The U. T. System, with offices in Austin, Texas, is composed of six health institutions and nine academic institutions located in eleven cities in Texas. Distance learning, radio, television and journalism curriculum, research activities and other educational pursuits at each institution result in the need for various licenses and permits to be obtained from the FCC in order to operate non-commercial FM radio stations and low power UHF educational channels; construct various antenna and satellite dish structures; and to expand and enhance current telecommunications networks involving distance learning via a virtual campus program linking the component institutions and other telecommunications links with institutions of higher education in the United States and Mexico. The U.T. System will engage outside counsel to prepare, file, prosecute, maintain and renew various permits, licenses and license applications with the FCC. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of the U. T. System's Office of General Counsel. Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in communications law, the names, experience, and scientific or technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and communications matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's communications law matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, or delivered in person, marked "Response to Request for Information," and addressed to Robert Giddings, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (fax: 512/499-4523; telephone 512/499-4462 for questions). Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Wednesday, July 1, 1998. TRD-9808212 Arthur H. Dilly Executive Secretary, Board of Regents The University of Texas System Filed: May 20, 1998 The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in certain federal tax matters. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific federal tax matters as the need arises. Description. The U. T. System comprises six health component universities and nine academic component universities supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, the Permanent University Fund, the Available University Fund, grants, gifts, sponsored research and other sources of revenues, all of which may be impacted by the Internal Revenue Code and Regulations of the Internal Revenue Service. For assistance with such issues, U. T. System will engage outside legal counsel to provide legal counsel and advice to the U. T. System on matters pertaining to federal income, estate, gift, employment, and excise taxes. This legal counsel and advice will include, but not be limited to, the following: matters regarding taxation of any kind, representation in tax audits, appeals of tax issues, tax hearings before administrative law judges and magistrates, appeals to IRS appeals officers, district court, U.S. Tax Court, U.S. District Court, the U.S. Court of Claims and other venues on tax matters. Tax counsel will also advise regarding employee benefits such as I.R.C. Section 125 cafeteria plans, the Texas Optional Retirement Program, I.R.C. Section 403(b), Section 415(m) and Section 457(a) and (f) plans. Income tax matters will also include unrelated business income tax as it relates to universities; and federal tax matters regarding compensation issues related to university hospitals and physicians. Although the law firm will not be required to prepare the System tax return, it will be required to give legal advice on issues relating to the filing of tax returns and the appropriate treatment of tax matters on such returns. This legal counsel will include interaction with and representation before the Internal Revenue Service and other taxing authorities in any tax controversy. The legal counsel will also advise and represent the System in matters relating to tax liens, tax garnishments, tax levies, tax assessments, tax valuations, as well as summonses, subpoenas, and discovery relating to tax matters. The law firm should be admitted to practice before Texas district courts, the United States Tax Court, United States District Court and the U.S. Court of Claims. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel. Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in federal tax-related matters including experience handling state pension issues and plans available only to universities, the names and experience of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's federal tax matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information" and addressed to David W. Lacy, Attorney, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (dlacy@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions). Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above not later than 5:00 p.m., Wednesday, July 1, 1998. TRD-9808210 Arthur H. Dilly Executive Secretary, Board of Regents The University of Texas System Filed: May 20,1998 The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its health component institutions regarding Medicare/Medicaid/Managed Health Care questions, Medicare/Medicaid, third party reimbursement matters and appeal of adverse Medicare reimbursement decisions. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 1998 to August 31, 1999) a health care panel from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation and advice of legal issues raised by complex managed care arrangements and third party reimbursement matters, including certified non-profit health corporations, fraud and abuse issues, and antitrust concerns. Description. The U. T. System operates six health institutions located in Houston, Dallas, Galveston, San Antonio and Tyler, Texas. University physician and hospital services are provided by fee for service and through a broad range of contractual arrangements with Health Maintenance Organizations, Preferred Provider Organizations, Medicare, Medicaid, private health insurance carriers, as well as directly with employers. These managed care arrangements may be impacted by state and federal laws and regulations governing insurance, third party reimbursement, antitrust matters, and fraud and abuse issues. For this purpose, U. T. System will engage outside counsel with experience in establishing certified non-profit health delivery corporations and other complex managed care contracting arrangements. In addition, outside counsel must have a working knowledge of state and federal laws and regulations governing safe harbors, antitrust matters, Medicare and Medicaid regulations, and appeals of adverse determinations by third party payor intermediaries. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel. Responses. Responses to the RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in complex health delivery and reimbursement matters, the names, experience, and expertise of the attorneys who may be assigned to work on such matters, the availability of the lead attorney and others assigned to the project, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of legal services; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's complex health delivery and reimbursement matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) a comprehensive description of the procedures to be used by the firm to supervise the provision of legal services in a timely and cost-effective manner; (4) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (5) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 81/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information" and addressed to R. Carlton Presley, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (bpresley@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions.) Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Wednesday, July 1, 1998. TRD-9808209 Arthur H. Dilly Executive Secretary, Board of Regents The University of Texas System Filed: May 20, 1998 The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in intellectual property matters. This RFI is issued to establish (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific intellectual property matters as the need arises. Description. The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Research activities and other educational pursuits at each institution produce intellectual property that is carefully evaluated for protection and licensing to commercial entities. U. T. System will engage outside counsel to prepare, file, prosecute, and maintain patent applications in the United States and other countries; secure copyright protection for computer software; and to prepare, file and prosecute applications to register trademarks and service marks in the United States and other countries. U.T. System also will engage outside counsel from time to time to pursue litigation against infringers of these intellectual property rights and to handle other related matters. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel. Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in intellectual property-related matters, the names, experience, and scientific or technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and intellectual property matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's intellectual property matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail, facsimile, or electronic mail or delivered in person, marked "Response to Request for Information," and addressed to Georgia K. Harper, Section Manager for Intellectual Property, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (gharper@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions). Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Wednesday, July 1, 1998. TRD-9808213 Arthur H. Dilly Executive Secretary, Board of Regents The University of Texas System Filed: May 20, 1998 The University of Texas System (U. T. System) requests information from law firms interested in representing U. T. System and its component institutions in tax-exempt bond matters. This RFI is issued for the purpose of establishing (for the time frame beginning September 1, 1998 to August 31, 1999) a referral list from which U. T. System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific bond matters as the need arises. These needs include the usual and necessary services of a bond counsel in connection with the issuance, sale and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law. Description. The U. T. System comprises six health institutions and nine academic institutions located in eleven cities in Texas. Public, tax-exempt bond issuance is conducted under two major programs and is rated by three major rating agencies. Bonds are issued under authority granted the U.T. System in Article VII, Section 18 of the Texas Constitution (Permanent University Fund). A variable rate demand note program is frequently used to raise new funds in support of the capital improvement program. During the 1999 fiscal year, one such note sale is anticipated in the approximate amount of $50 million. Fixed rate bond sales occur each two to three years in the amount of approximately $100 million to refund variable rate notes. Advance refunding of Permanent University Fund bonds are conducted periodically based on potential savings opportunities. Under authority granted in Chapter 55, Texas Education Code and Vernon's Ann. Tex. Civ. St. Articles 717k and 717q, and other applicable laws, the U. T. System issues revenue bonds for capital improvements. A tax-exempt commercial paper program is used for interim financing with long term fixed rate bonds sold to provide more permanent financing. The commercial paper program is presently authorized up to $350 million and has approximately $150 million outstanding. A fixed rate bond sale of approximately $100 million in size will likely occur during fiscal year 1999. The U.T. System employs a revenue bond program which offers a combined pledge of all legally available revenues with certain exceptions (the "Revenue Financing System"). Advance refunding of bonds and escrow restructures of previously defeased bonds, based on market timing, may be expected. Federal tax related matters regarding bonds issued by the U. T. System, including strategies and management practices in the conduct of an exempt debt program requires a close working relationship with bond counsel. In addition, the System works with counsel regarding the preparation of the annual S.E.C. filings. Contact is frequent, particularly in regard to the Revenue Financing System program due to the significant level of capital improvements anticipated throughout the system over the next two years. U. T. System invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of U. T. System's Office of General Counsel. Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in bond issuance matters, the names, experience, and technical expertise of the attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to U. T. System's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the U. T. System or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of the U. T. System and the Attorney General of the State of Texas. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, either stapled or bound together. They should be sent by mail, facsimile, electronic mail, or delivered in person, marked "Response to Request for Information," and addressed to Ray Farabee, Vice Chancellor and General Counsel, Office of General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701 (bpage@utsystem.edu; fax: 512/499-4523; telephone 512/499-4462 for questions). Deadline for Submission of Response. All responses must be received by the Office of General Counsel of U. T. System at the address set forth above no later than 5:00 p.m., Wednesday, July 1, 1998. TRD-9808211 Arthur H. Dilly Executive Secretary, Board of Regents The University of Texas System Filed: May 20, 1998 Texas Workforce Commission Wagner-Peyser Funding Allocation for Employment Service Activities The Wagner-Peyser Act establishes a formula for distributing funds to states for employment services activities. With this formula, Texas will receive $50,828,199 for Program Year 1998, beginning July 1, 1998, and ending June 30, 1999. Ninety percent of this amount must be used for basic labor exchange services under Section 7(a) of the Wagner-Peyser Act; ten percent will be reserved for use at the Governor's discretion within legislatively designated parameters under Section 7(b). Texas Labor Code, Title 4, Subtitle B, designates the Texas Workforce Commission as the state agency to administer activities funded by the Wagner-Peyser Act. The state herein presents the method proposed for distributing resource under Section 7(a) of the Wagner-Peyser Act. The allotment received at the state level is divided in accordance with House Bill 1863 (Chapter 655, 74th Legislature, 1995): 20% for state level operations and 80% for local operations. The funds for local operations are distributed based on the federal allocation formula using two factors. Two-thirds is allocated on the basis of the relative number of individuals in the civilian labor force residing in the area as compared to the total number of individuals in the civilian labor force in the state. One-third is allocated on the basis of the relative number of unemployed individuals residing in the area as compared to the total number of unemployed individuals in the state. Comments in regard to the distribution of the Wagner-Peyser funds should be submitted in writing to Alan D. Miller, Director, Workforce Development Division, Texas Workforce Commission, 101 East 15th Street, Room 504BT, Austin, Texas 78778-0001. TRD-9808096 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: May 18, 1998