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. Office of the Attorney General Notice of Settlement of CERCLA Cost Recovery Claim Notice is hereby given by the State of Texas of the following proposed resolution of a claim for response costs under the Comprehensive Environmental Response, Compensation, and Liability Act and applicable state law. The State of Texas, on behalf of the Texas Natural Resource Conservation Commission, has reached an agreement with Commercial Metals Company, Duggan Industries, Inc., Exide Corporation, General Motors Corporation, GNB Technologies, Inc., Interstate Battery System of America, Inc., Johnson Controls, Inc., and M. Lipsitz & Co. (the "Settling Defendants") and a number of affiliated entities to resolve the Settling Defendants' liability to the State for response costs incurred by the TNRCC arising from the release and threatened release of hazardous substances from the RSR Superfund Site, Dallas, Dallas County, Texas. The Attorney General will consider any written comments received on the settlement within 30 days of the date of publication of this notice. Case Title and Court: State of Texas v. Commercial Metals Company, Duggan Industries, Inc., Exide Corporation, General Motors Corporation, GNB Technologies, Inc., Interstate Battery System of America, Inc., Johnson Controls, Inc., and M. Lipsitz & Co., in the United States District Court for the Northern District of Texas, Dallas Division, Civil Action No. 3-98CV1259-X. Background: The RSR Superfund Site is an approximately 13.6 square mile area located in West Dallas, Dallas County, Texas. Prior to approximately 1986, the Settling Defendants and over 775 other generators sold junk batteries and other scrap metals to the owners and operators of a secondary lead smelter located near the center of the RSR Superfund Site for the purpose of extracting the lead battery components as a source of lead in the secondary smelting process. The extraction process and the smelting of lead produced several waste products, including broken battery casings or "chips" and slag from the smelting process. Both wastes were contaminated with hazardous substances. This material was disposed of at various locations within the RSR Superfund Site. The TNRCC undertook limited investigative, removal, and remedial actions at the Site. Any remaining remedial actions will be taken by the EPA, the City of Dallas, and/or the Settling Defendants. Nature of the Settlement: The TNRCC (formerly, the Texas Water Commission) incurred response costs in connection with investigative, removal, and remedial activities undertaken at the Site, including sampling; soil removals at least three residences; temporary relocation of three families from their residences during the removal action; surveying over 6,500 residences to assess the presence of lead battery chips; and an assessment and fencing of the three slag sites. The Settling Defendants will make a cash payment to the State to settle their liability to the State for the State's response costs. Proposed Settlement: The proposed settlement will resolve the Settling Defendants' liability to the State for response costs incurred by the TNRCC at the Site for a cash payment of $275,000. For a complete description of the proposed settlement, the complete proposed settlement should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Albert M. Bronson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548; telephone (512) 463-2012, fax (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered. TRD-9811586 Sarah Shirley Assistant Attorney General Office of the Attorney General Filed: July 22, 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 July 14, 1998, through July 21, 1998: FEDERAL AGENCY ACTIONS: Applicant: Oiltanking Houston, Inc.; Location: Houston Ship Channel, at 15602 Jacintoport Boulevard, in Houston, Harris County, Texas.; Project No.: 98-0320- F1; Description of Proposed Action: The applicant proposes to amend Department of the Army Permit No. 19427(02) to include the construction of a finger pier dock, the installation of mooring and breasting dolphins, and the dredging of a mooring basin. In addition, the applicant requests authorization to perform maintenance dredging for a period of 10 years. During the initial dredging of the mooring basin, approximately 1,400,000 cubic yards of material will be hydraulically dredged and approximately 400,000 cubic yards of material will be mechanically dredged. The hydraulically dredged material will be placed in one of more of the Port of Houston's placement areas. The mechanically dredged material will be placed on an upland area located on the applicant's property. The purpose of the proposed project is to construct a new liquid cargo dock facility. A mooring basin must be dredged to provide sufficient docking area for the facility.; Type of Application: U.S.C.O.E. permit application #19427(03) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Exxon Company, U.S.A.; Location: Across a Gulf shipping fairway, in East Breaks Blocks 297, 253 and 254, offshore Texas, in the Gulf of Mexico.; Project No.: 98-0321-F1; Description of Proposed Action: The applicant proposes to install and maintain an 18/20-inch natural gas pipeline, extending from Alaminos Canyon Block 25 to the High Island Block A-573 platform. A portion of this pipeline will cross the Gulf Fairway. Water Depth at the fairway crossing is approximately 1,600 feet. The pipeline will not be buried, but will be laid on the ocean floor across the fairway.; Type of Application: U.S.C.O.E. permit application #21321 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Payco Marina, Inc.; Location: In West Galveston Bay, near the intersection of 89th Street and Interstate 45, at 8821 Broadway, in Galveston, Galveston County, Texas.; Project No.: 98-0322-F1; Description of Proposed Action: The applicant requests an extension of time to complete work previously authorized under Department of the Army Permit 18895(01) and to amend the permit to include new modifications. The applicant proposed to use 5,000 cubic yards of excavated material from maintenance dredging operations to fill 2.87 acres of open water area near the marina entrance to create saltmarsh habitat. The applicant also proposes to remove an existing pile-supported bait house and replace it with a 60-foot-long by 20-foot-wide permanently moored, floating bait barge. Also proposed is the repair of an existing bulkhead located by "J" dock on the west side of the marina. In addition, the applicant plans to add 12 floating docks in the southeast corner of the marina. Moreover, the applicant proposes to construct a 36-inch to 42-inch circulation culvert approximately 200 feet long to connect the sough end of the marina to Offats Bayou.; Type of Application: U.S.C.O.E. permit application #18895(02) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Neumin Production; Location: Approximately 4 miles north of Oyster Creek, Brazoria County, Texas; Project No.: 98-0323-F1; Description of Proposed Action: The applicant proposes to fill 0.99 acre of wetlands adjacent to Oyster Creek to construct a 0.97 acre well pad including mud pits and a 0.02 acre access road.; Type of Application: U.S.C.O.E. permit application #21339 under sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: The Nature Conservancy; Location: Adjacent to and on Shamrock Island, Corpus Christi Bay, Nueces County, Texas.; Project No.: 98-0324-F1; Description of Proposed Action: The applicant proposes to construct a near shore breakwater and place dredged material along the northwest shore of Shamrock Island for shoreline stabilization control.; Type of Application: U.S.C.O.E. permit application #21340 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125- 1387). Applicant: Port Isabel-San Benito Navigation District; Location: On the west side of the Port Isabel Turning Basin, near Corps of Engineers Station 20+198, in Port Isabel, Cameron County, Texas; Project No.: 98-0325-F1; Description of Proposed Action: The applicant proposes to construct a concrete dock with approach ramps, steel tripod mooring structures, shaping of the shoreline, slope protection and dredging.; Type of Application: U.S.C.O.E. permit application #21225 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: U.S. Department of Energy; Location: West Hackberry Strategic Petroleum Reserve Oil Storage Facility, pipeline segment containing valve stations 7, 8, 9, 10, and 11 along the Sabine River, Cow Bayou, and Neches River in Jefferson and Orange Counties, Texas.; Project No.: 98-0316-F1; Description of Proposed Action: The applicant proposes to perform maintenance on existing permitted Valve Station Pads (Numbers 6, 7, 8, 9, 10, and 11) on the 42-inch crude oil pipeline, West Hackberry Strategic Petroleum Reserve, SWGCO-RP 12342. 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). Applicant: Hollywood Marine, Inc.; Location: In Old River, at the applicant's existing facility on DeZavalla Road, in Channelview, Harris County, Texas.; Project No.: 98-0335-F1 Description of Proposed Action: The applicant proposes to amend their existing permit to authorize the installation of four 15-pile clusters, within approximately 300 feet of the shoreline. This project is proposed to allow for the safe mooring of vessels docked along the shoreline. The project site is located in a dredged area immediately adjacent to the applicant's commercial facility. The existing permit authorizes the dredging and maintenance of the area (4,500 feet by 250 feet) immediately in front of the applicant's facility to a depth of 12 feet below mean low water until December 31, 2007.; Type of Application: U.S.C.O.E. permit application #20709(02) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: John C. Echols; Location: On Galveston Bay, at 6502 FM 2354, approximately one mile east of the intersection of FM 1405 and FM 2354, near Baytown, Chambers County, Texas.; Project No.: 98-0336-F1; Description of Proposed Action: The applicant proposes to construct a private pier and T-head for recreational fishing and boating. The pier would be 780 feet long and 7 feet wide to provide wheelchair access. A triangular deck area measuring 35 square feet would be located on one side of the pier approximately 600 feet from the shore. A T-head measuring 20 feet by 40 feet would be constructed at the end of the pier. The entire structure would have a total area of 6,295 square feet. Water depth at the shoreline is 1 foot mean high water (MHW) and would be 4 to 5 feet MHW at the proposed T-head.; Type of Application: U.S.C.O.E. permit application #21312 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). FEDERAL AGENCY ACTIVITIES: Applicant: Environmental Protection Agency (EPA); Location: Concentrated Animal Feeding Operations (CAFO) in EPA Region 6 States of New Mexico, Oklahoma, and Texas as well as CAFOs on Indian Country Lands in these states.; Project No.: 98-0315-F2; Description of Proposed Activity: Pursuant to the Clean Water Act 402, 33 USC 1342, the applicant proposes to reissue National Pollutant Discharge Elimination System (NPDES) General Permits for (1) watershed-specific general permits for CAFOs located in watersheds that have been impaired by CAFO-related activities, and (2) general permits for all other CAFOs located in the three States of New Mexico, Oklahoma, and Texas and Indian Country lands in these States. CAFOs are facilities used to confine large numbers of animals, including poultry, for meat, milk, or egg production, or stabling, in pens or houses, where the animals are fed or maintained at the place of concentration and confinement. Fields dedicated for disposal, by land application, of waste and wastewater generated at the facility, are also considered to be part of the CAFO. The general permits will apply to all existing CAFOs with coverage under the general permit that expired on March 10, 1998, and new CAFOs. 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-9811571 Garry Mauro Chairman Coastal Coordination Council Filed: July 22, 1998 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.009, and 1E.003, Vernon's Texas Civil Statutes). The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 07/27/98 - 08/02/98 is 18% for Consumer1/Agricultural/Commercial2/credit thru $250,000. The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 07/27/98 - 08/02/98 is 18% for Commercial over $250,000. The judgment ceiling as prescribed by Art. 1E.003 for the period of 08/01/98 - 08/31/98 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000. The judgment ceiling as prescribed by Art. 1E.003 for the period of 08/01/98 - 08/31/98 is 10% for Commercial over $250,000. [sup]1Credit for personal, family or household use. [sup]2Credit for business, commercial, investment or other similar purpose. TRD-9811480 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: July 21, 1998 Texas Credit Union Department Application(s) for a Merger or Consolidation Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration: An application was received from Simmons Dallas Credit Union (Lake Dallas) seeking approval to merge with Presbyterian Healthcare System Credit Union (Dallas) with the latter being the surviving credit union. An application was received from Toshiba/Houston Credit Union (Houston) seeking approval to merge with First Community Credit Union (Houston) 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-9811563 Harold E. Feeney Commissioner Texas Credit Union Department Filed: July 22, 1998 Application(s) to Amend Articles of Incorporation Notice is given that the following application has been filed with the Texas Credit Union Department and is under consideration: An application for a name change was received for Procter & Gamble/Folger Coffee Texas Employees Credit Union, Dallas, Texas. The proposed new name is Procter & Gamble Texas Employees 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-9811570 Harold E. Feeney Commissioner Texas Credit Union Department Filed: July 22, 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 Kraft America Credit Union, Garland, Texas to expand its field of membership. The proposal would permit the employees of Denison Industries, Denison, Texas to be eligible for membership in the credit union. An application was received from Texans Credit Union, Richardson, Texas to expand its field of membership. The proposal would permit the tenants of Lincoln Place, Tennyson Parkway, Plano, Texas and their employees to be eligible for membership in the credit union. An application was received from First Energy Credit Union, Houston, Texas to expand its field of membership. The proposal would permit the employees of Browning Ferris Industries, and its wholly owned subsidiaries, who either work in, are paid from, or supervised from Houston, Texas to be eligible for membership in the credit union. An application was received from Texaco Houston Credit Union, Bellaire, Texas to expand its field of membership. The proposal would permit the employees of the following entities: Equilon Enterprises LLC, Motiva Enterprises LLC, Equiva Services LLC and Equiva Trading Company who are paid from, work in or are supervised from Houston, Texas and subsidiaries, affiliates, alliances and joint ventures of these entities as may from time to time be approved by Board resolution to be eligible for membership in the credit union. An application was received from Witco Houston Employees Credit Union, Rosenberg, Texas to expand its field of membership. The proposal would permit Witco Corporation employees or employees of subcontractors both of which work at the 15200 Almeda location to be eligible for membership in the credit union. An application was received from Denton Area Teachers Credit Union, Denton, Texas to expand its field of membership. The proposal would permit the associate members of the Denton County Childrens Advocacy Center (DCCAC) 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-9811564 Harold E. Feeney Commissioner Texas Credit Union Department Filed: July 22, 1998 Notice of Application(s) Approved In accordance with the provisions of 7 TAC sec.91.103, the Texas Credit Union Department provides notice of the approval of the following application(s): Application(s) to Expand Field of Membership: Kraft America Credit Union, Garland, Texas - See Texas Register issue dated May 1, 1998. Community Service Credit Union, Huntsville, Texas - See Texas Register issue dated May 1, 1998. Application(s) for a Merger or Consolidation: Wichita Falls Telco Federal Credit Union, Wichita Falls, Texas merging with Wichita Falls Postal Credit Union, Wichita Falls, Texas - See Texas Register issue dated November 28, 1997. Victor Employees Credit Union, Denton, Texas merging with Pegasus Credit Union, Dallas, Texas - See Texas Register issue dated April 10, 1998. Local 895 Members Federal Credit Union, Dallas, Texas merging with PIA of Texas Credit Union, Dallas, Texas - See Texas Register issue dated May 1, 1998. Application(s) to do Business in Texas: Anheuser Busch Employees Credit Union, St. Louis, Missouri filed an application on April 2, 1998, to receive authority to do business in Texas. The credit union will operate under the name of Earthgrains Credit Union located at 2020 19th N.W., Paris, Texas 75461. Baxter Credit Union, Deerfield, Illinois filed an application on April 8, 1998, to receive authority to do business in Texas. The credit union will operate under the name of FirstPlus Credit Union located at 1526 Viceroy Drive, Dallas, Texas 75235. Application(s) to Convert Credit Union Charter: Baptist Federal Credit Union, San Antonio, Texas filed an application on May 4, 1998 to convert to a state chartered credit union. Upon the effective date of the conversion the credit union will be known as Baptist Credit Union. Austin Municipal Employees Federal Credit Union, Austin, Texas filed an application on May 4, 1998 to convert to a state chartered credit union. Upon the effective date of the conversion the credit union will be known as Austin Metropolitan Financial Credit Union. TRD-9811567 Harold E. Feeney Commissioner Texas Credit Union Department Filed: July 22, 1998 Texas Department of Criminal Justice Notice to Bidders The Texas Department of Criminal Justice invites bids for construction of the High Security Facility at the Gib Lewis Unit in Woodville, Texas. The project consists of new construction of a 660 cell High Security Prototype facility at the existing Lewis Unit. The size of the facility is approximately 145,000 square feet. The work includes civil, architectural, mechanical, electrical, plumbing, security electronics, commissioning, food service, structural concrete and steel, and pre-engineered metal building as further shown on the Contract Documents prepared by Hellmuth, Obata & Kassabaum, Inc. (HOK). The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner. A. Contractor must have a minimum of five consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project. B. Contractor must be bondable and insurable at the levels required. All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity. Bid Documents can be purchased from the Architect/Engineer at a cost of $250 (non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer: HELLMUTH, OBATA & KASSABAUM, INC. (HOK) INC., Attention: David House, 2001 Ross Avenue, Suite 2800, Dallas, Texas 75201; Phone: (214) 720-6000; Fax: (214) 720-6005. A Pre-Bid conference will be held at 9am on July 21, 1998, at the W.J. Estelle Unit, Huntsville, Texas, followed by a site-visit of this prototype unit. Attendance is mandatory. Bids will be publicly opened and read at 2pm August 12, 1998, in the large conference room at the Facilities Division located in the warehouse building of the TDCJ Administrative Complex (formally Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas. The Texas Department of Criminal Justice requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects. TRD-9811350 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 20, 1998 Notice of Revision The Texas Department of Criminal Justice Facilities Division (TDCJ-FD) hereby provides notice of revision to the Notice to Bidders for Remodeling the Death House in Huntsville. The Notice to Bidders was published in the July 10, 1998, issue of the Texas Register (23 TexReg 7282). The Pre-bid conference date has been changed to August 6, 1998, at 9:00 a.m. The Bid opening date has been changed to August 18, 1998, at 2:00 p.m. TRD-9811446 Carl Reynolds General Counsel Texas Department of Criminal Justice Filed: July 21, 1998 Texas Education Agency Notice of Extension of Contract Concerning Master Trust Custodian and Securities Lending Agent Services The Texas Education Agency (TEA) entered into a contract with Citibank for master trust custodial and securities lending services for the Permanent School Fund for the period September 1, 1995, through August 31, 1997, under Request for Proposals #701-95-029. The contract was extended from August 31, 1997, to August 31, 1998, by action of the State Board of Education (SBOE) on July 11, 1997. The TEA will extend the contract from August 31, 1998, to August 31, 1999, pursuant to action taken by the SBOE on July 10, 1998. For clarifying information about the extension of the contract for master trust custodial and securities lending services with Citibank, contact Paul Ballard, Office of the Texas Permanent School Fund, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9169. TRD-9811574 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: July 22, 1998 Advisory Commission on State Emergency Communications (ACSEC) Notice of Proposed 9-1-1 Fees and 9-1-1 Equalization/Poison Control Surcharges and Allocations Notice is given to the public of the Advisory Commission on State Emergency Communications' proposed rates for the 9-1-1 emergency services fees established pursuant to Texas Health and Safety Code Annotated 771.071 for each of the 24 councils of governments' areas participating in the state 9-1-1 program and of the proposed rates of the 9-1-1 equalization and poison control surcharges on intrastate long distance service established pursuant to Texas Health and Safety Code Annotated 771.072 and the budgeting and allocations of the fees and surcharges to 9-1-1 entities, poison control centers, and telecommunications and operations costs. For each council of governments' area, the rate of the wireline 9-1-1 emergency service fee is proposed to remain unchanged at $0.50 per month for each wireline local access line or equivalent local access line as defined in 1 Texas Administrative Code sec.255.4. This does not include areas for the following counties and cities within councils of governments' areas that are not participating in the state 9-1-1 program. The counties not participating include: Smith, Taylor, Austin, Bexar, Comal, Guadalupe, Brazos, Calhoun, Cameron, Denton, El Paso, Ector, Galveston, Harris, Henderson, Howard, Kerr, Lubbock, McLennan, Medina, Midland, Montgomery, Wichita, Wilbarger, Potter, Randall, Tarrant, Rusk and Harrison. The cities not participating include: Addison, Aransas Pass, Dallas, Plano, Coppell, DeSoto, Ennis, Cedar Hill, Longview, Wylie, Denison, Duncanville, Farmers Branch, Garland, Highland Park, Mesquite, Richardson, Sherman, University Park, Glenn Heights, Hutchins, Lancaster, Portland, Rowlett and Sunnyvale. Wireless 9-1-1 emergency services fees are set at a fixed $0.50 per month by statute for each wireless telecommunications connection pursuant to Texas Health and Safety Code Annotated 771.0711. The 9-1-1 equalization surcharge is proposed to remain unchanged at 3/10 of one percent of intrastate long distance service pursuant to 1 Texas Administrative Code sec.255.1. The poison control surcharge is proposed to remain unchanged at 3/10 of one percent of intrastate long distance service pursuant to 1 Texas Administrative Code sec.255.9. The proposed budgeting and allocations of the 9-1-1 emergency service fees, the 9-1-1 equalization surcharge, and the poison control surcharge are represented in the charts below. The expenditures outlined for the 9-1-1 program represent the combined funding priorities of regional operations Level I, Level II, and Level III pursuant to 1 Texas Administrative Code sec.251.6. Included within theses levels are the costs for provisioning 9-1-1 emergency services to include equipment, network, database, addressing, and related maintenance. The first chart shows the total revenues budgeted for each council of governments from the $0.50 per month wireline 9-1-1 emergency service fee, the revenues budgeted for each council of governments from the $0.50 per month wireless 9-1-1 emergency service fee, and the councils of governments' anticipated budgeted expenditures. The Advisory Commission has determined that at this time, 30% of the total wireless 9-1-1 emergency service fee revenue may be spent in conjunction with the wireline service fee. In the case where revenue minus expenditures results in a negative fund balance, 9-1-1 equalization surcharge funds may be used to reimburse councils of governments. Should the statewide 9-1-1 equalization surcharge demand exceed 100% of the available equalization surcharge funds, then an allocation process is approved by the Commission and applied to 9-1-1 equalization surcharge requests. As shown in the second chart, the revenues and expenditures outlined for the Poison program represents the Poison Control Answering Point (PCAP) operations and network operations. The PCAP operations include the expenditures related to the triaging of poison calls into the six individual PCAPs. The network operations represent the telecommunications, equipment, and administrative costs for the implementation of the Poison Control Network. Figure 1 Figure 2 The Advisory Commission on State Emergency Communications may ultimately revise these proposed budgets and allocations during their strategic planning process, which will occur through action or direction given during the Advisory Commission on State Emergency Communications' open meetings on these issues. More specific details on these proposed budgets and allocations and other related information can be obtained by request from Julie Warton, Advisory Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942. This more specific detailed information has been provided to the Public Utility Commission of Texas pursuant to Texas Health and Safety Code Annotated 771.0725(b) and proposed PUC Substantive Rule sec.26.431(c)(3). Pursuant to Texas Health and Safety Code Annotated 771.0725(c) and proposed PUC Substantive Rule sec.26.431, the Public Utility Commission of Texas is reviewing the specific fee and surcharge documentation provided by the Advisory Commission on State Emergency Communications and the proposed rates and allocations. Persons who wish to comment on these matters should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call Eric White, Assistant General Counsel, at (512) 936-7297 no later than 20 days after publication of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the Public Utility Commission at (512) 936-7136. All comments should reference PUC Project Number 19503. TRD-9811288 James D. Goerke Executive Director Advisory Commission on State Emergency Communications Filed: July 17, 1998 Texas Ethics Commission Texas Ethics Commission List of Late Filers Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Kristin Newkirk at (512)463-5800 or (800) 325-8506. Deadline: Monthly Lobby activity report, due April 10, 1998 Mark Seale ,701 Brazos, Ste 600, Austin, TX 78701 Melinda Wheatley, P.O. Box 40519, San Antonio, TX 78229 Deadline: Monthly PAC report, due April 6, 1998 Johnny F. Nunez, Fort Bend County HISPAC 2623 Cedar Brook Ct., Stafford, TX 77477-6127 Robert Ruiz, Houston Police Patrolmen's Union 811 North Loop W, Houston, TX 77008-1726 Deadline: Monthly Lobby activity report, due March 10, 1998 Melinda Wheatley, P.O. Box 40519, San Antonio, TX 78229 Deadline: Monthly PAC report, due March 5, 1998 Robert Ruiz, Houston Police Patrolmen's Union 811 North Loop W, Houston, TX 77008-1726 Deadline: 8 day before election Candidate/Officeholder campaign finance report, due March 3, 1998 Robert Ashton Herrera, P.O. Box 37177, San Antonio, TX 78237-0177 Roger Q. Settler, 1824 IH 35 S #312, Austin, TX 78704 Waco Tabor, 701 S. Main, Jacksboro, TX 76458 Deadline: 8 day before election PAC campaign finance report, due March 3, 1998 Peter Brooks, Equity PAC 1904 Goodrich #7, Austin, TX 78704 Deadline: Personal Financial Statement by a candidate, due February 11, 1998 David Barron, 406 Leslie, Bryan, TX 77802 Lon Burnam, P.O. Box 1894, Fort Worth, TX 76101 Jeanne M. Doogs, 300 Trinidad Ct., Fort Worth, TX 76126 J. David Gutierrez, 2047 Estrada Pkwy #116, Irving, TX 75061 Robert Ashton Herrera, P.O. Box 37177, San Antonio, TX 78237-0177 Alberto Martinez, P.O. Box 549, San Diego, TX 78384 Lloyd W. Oliver, P.O. Box 271503, Houston, TX 77277 Jennings Young, Rt 1 Box 230L, Atlanta, TX 75551 Harold C. Gaither Jr., 2600 Lone Star Dr., Dallas, TX 75212 Ron Hinds, 965 Gibbs Crossing, Coppell, TX 75019 Alex Luna, 600 Village Rd. #212G, Port Lavaca, TX 77979 J. Manuel Montez, 4327 Cabell Dr., Dallas, TX 75204 Hector J. Villarreal, 400 E. Cano, Edinburg, TX 78539 Deadline: Monthly Lobby activity report, due February 10, 1998 Melinda Wheatley, P.O. Box 40519, San Antonio, TX 78229 Deadline: 30 Day before election Candidate/Officeholder campaign finance report, due February 9, 1998 Dan Engel, 2608 Greenwood, Arlington, TX 76013 J. David Gutierrez, 2047 Estrada Pkwy #116, Irving, TX 75061 Robert Ashton Herrera, P.O. Box 37177, San Antonio, TX 78237-0177 Alberto T. Martinez, P.O. Box 549, San Diego, TX 78384 Sylvia R. Mendelsohn, 17592 S. US Highway 281, San Antonio, TX 78221 Deadline: Monthly PAC report, due February 5, 1998 Joe F. Munoz, Austin Police PAC 715 E. 8th St., Austin, TX 78701 Johnny F. Nunez, Fort Bend County HISPAC 2623 Cedar Brook Ct., Stafford, TX 77477-6127 Deadline: Semiannual Candidate/Officeholder campaign finance report, due January 15, 1998 Kathleen Ballanfant, 5160 Spruce, Bellaire, TX 77401 Burgess Beall, 5510 Icon St., Austin, TX 78744-3837 Stephen P. Birch, 4911 Haverwood Ln. #2924, Dallas, TX 75287-4440 Howard Bridges Jr., 434 W. Kiest Blvd. #100, Dallas, TX 75224 Anna L. Cavazos Ramirez, 1307 Wingfoot Loop, Laredo, TX 78041 Chloe N. Daniel, P.O. Box 810570, Dallas, TX 75381-0570 Richard N. Draheim Jr., 275 Henry M Chandler's Dr., Rockwall, TX 75087 Bill Fisher,3021 Sonora Trl., Fort Worth, TX 76116-5005 John W. Galloway Jr., P.O. Box 252, Beeville, TX 78104 Mario Garcia, 735 W. 10th, Mercedes, TX 78570 Baltazar Garcia, 712 McDaniel, Houston, TX 77022 Thomas L. Gatton, 2320 Southwest Fwy #C, Houston, TX 77098 Michael J. Hardy, P.O. Box 136704, Fort Worth, TX 76136-0704 Samuel W. Hudson III, P.O. Box 150972, Dallas, TX 75315-0972 Dennis Jones, P.O. Box 1027, Lufkin, TX 75902 Roman Martinez, 1009 Graceland. Houston, TX 77009 Robert H. Offutt, 1519 Spanish Oaks, San Antonio, TX 78213 Linette Ovard, 701 E. Shady Grove Rd., Irving, TX 75060-6024 Fernando R. Ramirez, 2735 Lakeshore Dr., Port Arthur, TX 77640 Heriberto Silva, P.O. Box 249, Garciaville ,TX 78547 Victor Smith, 1423 W. Red Bird Lane, Dallas, TX 75232 Melva Washington-Becnel, 2403 Arbor, Houston, TX 77004 Darren Baucum, P.O. Box 653, Gainsville, TX 76241-0653 William M. Eastland, P.O. Box 13162, Arlington, TX 76094-0162 S. Christopher Larue, 4014 Richmond Ave., Houston, TX 77027 James W. Marchbanks III, P.O. Box 1683, Weatherford, TX 76087 Daniel C. Rice, 3115 Wilson Rd., Conroe, TX 77304 Deadline: Semiannual PAC campaign finance report due January 15, 1998 Johnny Atkinson, Committee For Better Education P.O. Box 612, Goodrich, TX 77335 Byron LeFlore, Committee For Judicial Reform 700 N. St. Mary's St. #800, San Antonio, TX 78205 Enrique M. Barrera, Edgewood PAC 6435 Buena Vista, San Antonio, TX 78237 Alfred Adask, Equity Under All Law 9794 Forest Ln. #159, Dallas, TX 75243 William M. Eastland, Free Republican Caucus P.O. Box 13162, Arlington, TX 76094- 0162 Sherry Griffith, Houston Heights PAC 626 Algregg, Houston, TX 77008 Clarence B. Bagby, Houston Historic Preservation PAC 2003 Kane St., Houston, TX 77007-7612 Vidal G. DeLeon, McLennan County Mexican Americans For Better 16619 Baylor Ave., Waco, TX 76706 Deborah A. Pruitt, Mesquite Republican Women's Club 301 E. Fork Rd., Sunnyvale, TX 75182 H.J. Johnson, Pleasant Wood Pleasant Grove PAC P.O. Box 150408, Dallas, TX 75305-0408 Leopoldo P. Botello, San Antonio Certified Public Accountants PAC P.O. Box 40517, San Angelo, TX 78229-1517 Hilda Bustos, San Antonio Latina PAC 16142 Treeridge Place, San Antonio, TX 78247-5633 Pat Stevens, South Denton County PAC 2025 Aspen Dr., Highland Village, TX 75067 Edward Hickson, Tarrant County Deputy Sherrif's Assn. PAC 111 N. Houston #211, Fort Worth, TX 76102 William M. Eastland, Texans For Freedom P.O. Box 13162, Arlington, TX 76094-0162 Sandra Haverlah, Texas Citizen Action PAC 927 Acorn Oaks, Austin, TX 78745 Johnny R. Frederick, Texas Pawn Brokers Assn. PAC 1779 Wells Branch Pkwy #110B, Austin, TX 78728 Charles J. Gaines, Texas Tea PAC 16338 Southampton Dr., Spring, TX 77379 G. Daniel Mena, Unity El Paso County 3233 N. Piedras, El Paso, TX 79930-3703 Ann Cowan, Bell County Democrats in Action 505 W. Royal, Temple, TX 76501 Deadline: Lobby activity report due January 12, 1998 Daniel W. Crider, 100 Congress Ave #2100, Austin, TX 78701 L. Alan Gray, 1108 Lavaca #100, Austin, TX 78701 Allen H. Kaplan, 1908 B. Romeria, Austin, TX 78757 David T. Lawton, P.O. Box 1309, Hutchins, TX 75141 Douglas Martin, 3506 Tom Green St., Austin, TX 78705 Roger P. Miller, 823 Congress Ave #915, Austin, TX 78701 Neil R. Mohr, WMI Southwest #1000, 1320 Greenway Dr., Irving, TX 75038 David L. Ralston, Jenkens & Gilchrist PC #1800, 1100 Louisiana, Houston, TX 77002 Rell Rice, 2809 Greenlawn Pkwy, Austin, TX 78757 R. Elena Rios, 9901 Richmond Ave. #334, Houston, TX 77042-4513 Charlie Schnabel Jr., P.O. Box 1572, Austin, TX 78767-1572 Bill Sims, 1800 Lavaca #103, Austin, TX 78701 Robert H. Sparks Jr., 1108 Lavaca #100, Austin, TX 78701 Melinda Wheatley, P.O. Box 40519, San Antonio, TX 78229 Deadline: Monthly PAC report, due January 5, 1998 Mina A. Clark, Travis County Democratic Party P.O. Box 684263, Austin, TX 78768- 4263 TRD-9811555 Tom Harrison Executive Director Texas Ethics Commission Filed: July 22, 1998 General Services Commission Notice of Request for Offers for the Purchase of Raw Land In Baytown, Texas Notice is hereby given to all interested parties that pursuant to V.T.C.A., Government Code, Title 10, Subtitle D, Chapter 2166, sec.2166.052, the General Services Commission (the"Commission"), on behalf of the Department of Public Safety, is soliciting proposals for the potential purchase of raw land in the Baytown, Texas area of at least 2.5 acres or a minimum of 108,900 square feet of contiguous land. The Commission will evaluate the proposals in accordance with the criteria outlined in a Request for Offers. The Request for Offers (RFO Number 99-405-001) containing all the requirements necessary for an appropriate response may be obtained on and after July 29, 1998 from Facilities Planning at (512) 475-3498. All responses must be received in a sealed envelope no later than 3:00 p.m. Central Standard Time, on August 28, 1998, at the following address: General Services Commission, Central Services Building, Room 180, RFO Number 99-405-001, 1711 San Jacinto, P. O. Box 13047, Austin, Texas 78711-3047 TRD-9811521 Judy Ponder General Counsel General Services Commission Filed: July 21, 1998 Texas Department of Health Notice of Amendment to the License of Waste Control Specialists Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control, that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176, 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas. The issuance of the amendment changes the radiation safety officer and training supervisor, and updates the Andrews Site Organizational Chart and certain position descriptions for WCS. The TDH has determined that the amendment of the license, Title 25 of the Texas Administrative Code (TAC) Chapter 289, Texas Regulations for Control of Radiation (TRCR), and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is sited, designed, operated, and will be decommissioned and closed in accordance with the requirements of the TRCR; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment. This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code sec.401.114 and as set out in TRCR 13.5. A "person affected" is defined as a person who is a resident of a county, or a county adjacent to a 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. A person affected may request a hearing by writing Mr. 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 this 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. Should no request for a public hearing be timely filed, the agency action will be final. A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, sec.401.114, the Administrative Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures of the department (25 Texas Administrative Code sec.1.21. et seq.) and the TRCR. A copy of the license amendment and all material submitted is available for public inspection at the Bureau of Radiation Control, 8407 Wall Street, Austin, Texas. Information relative to the amendment may be obtained by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. TRD-9811303 Susan K. Steeg General Counsel Texas Department of Health Filed: July 17, 1998 Texas Health and Human Services Commission Notices of Public Hearings The Texas Department of Human Services and the Texas Health and Human Services Commission will conduct a joint public hearing to receive comments on proposed payment rates for the following programs and services: Family Care and Residential Care. The hearing is held in compliance with 40 TAC sec.24.101(b)(4), which requires public hearings on proposed payment rates. The hearing will be held on August 14, 1998 at 9:30 a.m. in Room 103 of the John H. Winters Building at 701 West 51st Street, Austin, Texas (First Floor, West Tower). Written comments will be accepted in lieu of testimony until 5:00 p.m., Central Time, on the day of the hearing. Written comments may be delivered by U.S. mail to the attention of Mr. Ron Dowling, Texas Department of Human Services, P.O. Box 149030, MC W-425, Austin, Texas 78714-9030. Hand deliveries or express delivery will be accepted at 701 West 51st Street, Austin, Texas 78751. Alternatively, written comments may be delivered via facsimile to Mr. Dowling at (512) 438-3014. Interested parties may pick up or request to have mailed to them briefing packages concerning the proposed payment rates by contacting Mr. Dowling at (512) 438-4817. Persons with disabilities planning to attend the hearing who may need auxiliary aids or services are asked to contact Mr. Dowling at (512) 438-4817 by August 7, 1998 so that appropriate arrangements can be made. TRD-9811493 Marina S. Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: July 21, 1998 The Texas Health and Human Services Commission and the Texas Department of Human Services will conduct a joint public hearing to receive comments on proposed payment rates for the following programs and services: Primary Home Care; Community Based Alternatives Waiver (CBA); and the Community Living Assistance and Support Services (CLASS) Waiver. The hearing is held in compliance with 1 TAC sec.355.201(b)(4), which requires public hearings on proposed payment rates. The hearing will be held on August 14, 1998 at 9:30 a.m. in Room 103 of the John H. Winters Building at 701 West 51st Street, Austin, Texas (First Floor, West Tower). Written comments regarding payment rates set by the Health and Human Services Commission will be accepted in lieu of testimony until 5:00 p.m., Central Time, on the day of the hearing. Written comments may be delivered by U.S. mail to the attention of Mr. Ron Dowling, Texas Department of Human Services, P.O. Box 149030, MC W-425, Austin, Texas 78714-9030. Hand deliveries or express delivery will be accepted at 701 West 51st Street, Austin, Texas 78751. Alternatively, written comments may be delivered via facsimile to Mr. Dowling at (512) 438- 3014. Interested parties may pick up or request to have mailed to them briefing packages concerning the proposed payment rates by contacting Mr. Dowling at (512) 438-4817. Persons with disabilities planning to attend the hearing who may need auxiliary aids or services are asked to contact Mr. Ron Dowling of the Texas Department of Human Services, at (512) 438-4817 by August 7, 1998 so that appropriate arrangements can be made. TRD-9811492 Marina S. Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: July 21, 1998 Texas Department of Housing and Community Affairs Notice of Administrative Hearing (MHD1997001321D and MHD1997002654D) Manufactured Housing Division Thursday, August 6, 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 the Texas Department of Housing and Community Affairs vs. Gordon Ezell dba Ezell's Wrecker and Moving Service 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 332-98-1356. Department MHD1997001321D and MHD1997002654D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. TRD-9811569 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: July 22, 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 FRANKENMUTH MUTUAL INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Frankenmuth, Michigan. Application for incorporation in Texas for VALUE BEHAVIORAL HEALTH OF TEXAS, INC., a domestic health maintenance organization. The home office is located in Irving, Texas. Application to change the name of INTERCONTINENTAL LIFE INSURANCE COMPANY to INVESTORS LIFE INSURANCE COMPANY OF INDIANA, a domestic life company. The home office is located in Austin, 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-9811477 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 21, 1998 Notice of Hearing The Commissioner of Insurance will hold a public hearing under Docket 2375 on Tuesday, August 25, 1998, at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. The purpose of this hearing is to receive comments regarding the appropriate rate reductions for certain lines and sublines of liability coverages to reflect the savings resulting from tort reform measures adopted by the 73rd and 74th sessions of the Texas Legislature. Article 5.131 requires that the rate reductions be adopted by rule. Therefore, the Commissioner will hear comments from interested parties regarding proposed amendments to 28 Texas Administrative Code, Subchapter R, Temporary Rate Reduction for Certain Lines of Insurance. A formal notice of the proposed amendments will be published in the Texas Register at a later date. Individuals who wish to present comments at the hearing will be asked to register immediately prior to the hearing. Written comments may be submitted to the Chief Clerk's Office, P.O. Box 149104, Mail Code 113-1C, Austin, Texas 78714-9104. An additional copy of each comment should be submitted to Ann Bright, Agency Counsel Section, Legal and Compliance, Mail Code 110-1A, Texas Department of Insurance, 333 Guadalupe Street, P. O. Box 149104, Austin, Texas 78714-9104. Information compiled by Department staff for presentation at the hearing, consisting of data from insurance company closed claim reports and the results of focus groups conducted by the LBJ School of Public Affairs, will be available on the TDI Web page at www.tdi.state.tx.us or upon request from the Department prior to the hearing. Please contact Angela Arizpe at (512) 463-6326. TRD-9811487 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 21, 1998 Notices of Public Hearing The Commissioner of Insurance, at a public hearing under Docket No. 2374 scheduled for September 23, 1998 at 9:00 a.m., in Room 102 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1995, 1997, 1998, and 1999 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0798-18-I), was filed on July 9, 1998. The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 1995, 1997, 1998, and 1999 model vehicles. A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. No. A-0798-18-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, 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). TRD-9811575 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 22, 1998 The Commissioner of Insurance, at a public hearing under Docket No. 2376 scheduled for September 23, 1998 at 9:00 a.m., in Room 102 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a Staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), Rules 55, 71, 72, 74, and 75 concerning eligibility of certain individuals for personal auto coverage and the Texas Driving Insurance Plan. Staff's petition (Ref. No. A- 0798-20-I), was filed on July 22, 1998. The most extensive changes that Staff recommends are to Manual Rule 72 (Personal Auto Policy and Coverage--Eligibility). These amendments expand the list of persons eligible for personal auto coverage. Instead of the current requirement that a jointly owned auto be owned by a husband and wife, Staff's proposal would allow personal auto coverage for an auto jointly owned by two or more individuals who are residents of the same household (proposed Rules 71, 72, and 74). Additionally, under Staff's proposed Rule 72, new Section E, personal auto coverage may be written for joint named insureds who are related by blood, marriage or adoption, and who are not residents of the same household, even if they do not jointly own the auto if: 1. the auto is owned by one or more of the joint named insureds who are residents of the household address shown in the policy, and 2. the joint named insured who is a resident of a different household is the primary operator of the auto. Under Staff's proposal for Rule 72.A., certain types of vehicles may be afforded personal auto coverage if they meet the current requirement of being written on a specified auto basis, plus the new standard of being owned jointly by two or more individuals (not necessarily husband and wife) who are residents of the same household. A similar change is proposed for miscellaneous type vehicles under Rule 72.B. Staff proposes amending Rule 71 (Definitions) regarding the definition of a utility type vehicle to be considered a private passenger auto. New wording for Rule 71.2.a. is proposed as follows: "a. owned or leased under written contract for a continuous period of at least six months: (1) by one or more individuals who are residents of the same household, or (2) by one or more individuals who are not residents of the same household, but are related by blood, marriage or adoption, including a ward or foster child; and...." In Rule 74 (Private Passenger Auto Classifications) Staff would amend Section A (Private passenger autos) by replacing the first two phrases with the following language: "owned by an individual or jointly by two or more individuals who are residents of the same household; or owned jointly by two or more individuals who are not residents of the same household address shown in the policy, but are related by blood, marriage or adoption, including a ward or foster child;...." Staff would also eliminate the following wording under Section A.5. (which language would no longer be accurate): "*Not eligible for coverage under a Personal Auto Policy." Staff asserts that if Rules 71, 72, and 74 are amended, then Rule 55 (Eligibility) and Rule 75 (Texas Driving Insurance Plan) will also need to be amended in order for their eligibility provisions to be compatible with those first three rules. Therefore, Staff proposes to amend Rule 55.D.1. and E.1., and Rule 75.B.2. by deleting "owned by an individual or husband and wife who are residents of the same household...." Staff would replace the Rule 55 wording with the following: "described in Rule 71...." and the Rule 75 wording with the following: "described in Rules 71, 72, and 74...." The Manual currently allows certain types of vehicles to be insured by a Personal Auto Policy if the vehicles are owned by an individual, or by a husband and wife who reside in the same household. Otherwise, the vehicles cannot be insured except through multiple policies or by some other policy form, such as the Business Auto Coverage Form. Commercial policies do not provide coverage as broad as the Personal Auto Policy, so Staff has said it appears inappropriate to require them for persons not using their private passenger autos in a commercial enterprise. Furthermore, Staff's petition asserts it could work a financial hardship in some cases to require certain individuals to purchase separate Personal Auto Policies merely because they cannot meet the Manual's current requirements for one such policy. The Manual's requirements are said to be somewhat outdated because of changes in modern life and relationships. In closing, Staff's petition asserts its proposals would make it easier for individuals to qualify for a single Personal Auto Policy. Staff believes greater fairness will result from such changes. A copy of the petition, including exhibits with the full text of the proposed amendments to the Manual, is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. No. A-0798-20-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, 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). TRD-9811576 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 22, 1998 The Commissioner of Insurance, at a public hearing under Docket No. 2377 scheduled for September 23, 1998 at 9:00 a.m., in Room 102 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a Staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), Endorsement 523B, Rental Reimbursement Coverage. Staff's petition (Ref. No. A-0798-21-I), was filed on July 22, 1998. Staff proposes to amend the Manual's Personal Auto Policy Endorsement 523B (to be redesignated 523C), Rental Reimbursement Coverage, to remove the provision that excludes coverage when there is a total theft of the auto. Staff would substitute new language as follows: "When there is a total theft of the auto, the limit of $20 per day (maximum of $600) required under Coverage For Damage To Your Auto will be supplemented to the extent the limits in the above Schedule exceed that $20 per day limit." Since August 1, 1996, insureds under the Personal Auto Policy have had the option of purchasing variable limits of rental reimbursement coverage, up to $35 per day (maximum of $1050) through attachment of Endorsement 523B. However, that endorsement does not apply to total theft of the auto, which is covered up to $20 per day (maximum of $600) by the policy's Part D - Coverage For Damage To Your Auto. Staff recommends deleting the language from Endorsement 523B that excludes coverage for total theft of the auto, and replacing that language with a provision that the total theft $20 per day limit under the policy will be supplemented to the extent the limits shown in the endorsement's Schedule exceed that $20 per day limit. Staff asserts that such an amendment appears to give a more logical result than the current endorsement's language, because an insured who wants $35 per day coverage will need it just as much for a total theft loss as for any other loss that puts the auto out of service. A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual, is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. No. A-0798-21-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, 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). TRD-9811577 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 22, 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 incorporation in Texas of Baylor Health Network, Inc., a domestic third party administrator. The home office is Dallas, Texas. Application for incorporation in Texas of Health First of Texas, P.A., a domestic third party administrator. The home office is Victoria, Texas. Application for incorporation in Texas of Mumtaz Farash, (doing business under the assumed name of Trans Health Care, P.A.), a domestic third party administrator. The home office is Fort Worth, Texas. Application for admission to Texas of United Healthcare Services, Inc., a foreign third party administrator. The home office is Minnetonka, Minnesota. Application for admission to Texas of NATLSCO, Inc., a foreign third party administrator. The home office is Wilmington, Delaware. Application for admission to Texas of Management Applied Programming, Inc., a foreign third party administrator. The home office is Los Angeles, California. 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, Texas Department of Insurance, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. TRD-9811266 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 16, 1998 Legislative Budget Board Schedule for Joint Budget Hearings on Appropriations Requests for the 2000-2001 Biennium [graphic] [graphic] [graphic] TRD-9811573 John Keel Director Legislative Budget Board Filed: July 22, 1998 Texas Department of Licensing and Regulation Vacancy on Architectural Barriers Advisory Committee The Texas Commission of Licensing and Regulation announces vacancies on the Architectural Barriers Advisory Committee established by Texas Civil Statutes, Article 9102, Architectural Barriers. The pertinent rules may be found in 16 TAC sec.68.65. The Committee is composed of eight members, appointed by the Texas Commission of Licensing and Regulation. Four of the members are building professionals and four are consumer members with disabilities. There is presently a vacancy for one building professional and one consumer member with a disability. Interested persons should request an application from the Texas Department of Licensing and Regulation by calling (512) 463-7348 or FAX (512) 475-2872. Applications must be returned to the Texas Department of Licensing and Regulation not later than August 19, 1998. Applicants may be asked to appear for an interview with members of the Texas Commission of Licensing and Regulation, however any required travel for an interview would be at the applicant's expense. TRD-9811183 Rachelle A. Martin Executive Director Texas Department of Licensing and Regulation Filed: July 15, 1998 Midwestern State University Request for Proposals for Outside Counsel OUTSIDE COUNSEL REQUESTOR: Board of Regents Midwestern State University 3410 Taft Blvd. Wichita Falls, TX 76308 STATEMENT OF PURPOSE: The Board of Regents of Midwestern State University is requesting proposals for the purpose of retaining a firm to act as the university's outside counsel. INSTRUCTIONS TO PROPOSERS: A. All proposals must be in a sealed envelope and clearly marked: "Sealed Proposal-Outside Counsel Services." All proposals must be received by 11:00 a.m. August 5, 1998. B. Three (3) copies of the proposal are required and may be mailed to: Midwestern State University, ATTN: Debbie Barrow, Executive Assistant, 3410 Taft Blvd., Wichita Falls, TX 76308 or hand delivered to 3410 Taft Blvd., Room 107, Hardin Administration Building, Wichita Falls, TX by 11:00 a.m. August 5, 1998. Each proposal should indicate the name and phone number of the principal contact for the firm. C. Questions or comments concerning this request for proposals should be directed to: Dr. Louis J. Rodriguez, President, Midwestern State University, 3410 Taft Blvd., Wichita Falls, TX 76308, (817) 397-4211. D. The Board will select a firm at its meeting on August 7, 1998. The selected firm will be notified on or about August 15, 1998. E. The Board shall submit its selection to the Texas State Attorney General who has final approval. TERMS AND CONDITIONS: A. The Board reserves the right to reject any or all proposals or to award the contract to the next most qualified firm if the successful firm does not execute a contract within thirty (30) days after the award of the proposal. B. The Board reserves the right to request clarification of information submitted and to request additional information of one or more applicants. C. The Board and staff will perform an evaluation of the selected firm's performance as necessary, and the Board shall have the right to terminate its contract by specifying the date of termination in a written notice to the firm at least thirty (30) working days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. D. Any agreement or contract resulting from acceptance of a proposal shall be on forms either supplied by or approved by the Attorney General. The Board reserves the right to reject any agreement that does not conform to the request for proposals and any Board requirements for agreements and contracts. E. The selected firm shall not assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the Board. ELIGIBLE PROPOSERS A. The Midwestern State University Board of Regents will only consider proposals from law firms licensed in Texas with offices located within sixty (60) miles of Midwestern State University, Wichita Falls, Wichita County, Texas. B. Counsel must have prior higher education legal experience and preferably be members of the Texas Association of State University Attorneys and the School Law Section of the State Bar of Texas. C. Counsel must maintain malpractice insurance in an amount of not less $1,000,000. SCOPE OF SERVICES: The selected firm will provide the following services: A. In all situations where local assistance is required by the Office of the Attorney General on litigation or general counsel matters being handled by the Office of the Attorney General, or where the Office of the Attorney General defers the matter to local counsel. B. In situations where expertise in school law and policy is required. C. In situations where prior knowledge or experience with the particular facts or issues in the matter or where other unusual circumstances exist which would facilitate the most timely and economical handling of the matter. D. In emergency and other situations that require a response time that the Office of the Attorney General cannot reasonably provide. E. In situations involving personal meetings or conferences where the charges for legal fees and expenses for travel by the Office of the Attorney General would result in a total cost greater than could be obtained by using the local counsel. QUALIFICATIONS: A. Describe how the firm is organized and how its resources will be put to work for MSU. B. List the firm's most recent three (3) years of experience in higher education or school law relationships. State the term of the relations, briefly describe the work performed, and include the names, addresses and phone numbers of contact persons. C. Affirm that no individual in the firm has represented any client in any matter pending before Midwestern State University during the previous six month period. PERSONNEL: A. Indicate which individuals in the firm would be assigned in a direct, on-going working relationship with the Board and staff and include their resumes. Indicate the role these individuals assumed in the three-year history of higher education or school law counsel relationships as described in subsection B of the QUALIFICATIONS section. B. Indicate the availability of individuals described in subsection A of this section. C. Include a description of your firm's Affirmative Action program and include any strides made in the employment of women and minorities. COMPENSATION: Explain the firm's proposed hourly fee schedule and the projected annual cost for the scope of services detailed in this RFP. If the firm proposes that the university bear the costs of incidental expenses associated with these services, clearly state what type of incidental expense and estimated costs the university will be expected to bear. TRD-9811589 Dr. Louis J. Rodriquez President Midwestern State University Filed: July 22, 1998 Texas Natural Resource Conservation Commission Notice of Applications for Waste Disposal/Discharge Permits Attached are Notices of Applications for waste disposal/discharge permits issued during the period of July 1, 1998 to July 10, 1998. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of the notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerk's Office-MC105, P.O. Box 13087, Austin, Texas 78711-3087. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Listed are the name of the applicant and the city in which the facility is located; type of facility, location of the facility; type of application (new permit, amendment, or renewal) and permit number. BASF CORPORATION, 602 Copper Road, Freeport, Texas 77541; the plant site is located in the southwest quadrant defined by the intersection of State Highway 288 and State Highway 332 near the City of Freeport, Brazoria County, Texas; new, Permit No. 03977. CELANESE ENGINEERING RESINS, INC., P.O. Box 428, Bishop, Texas 78343; the plant site is located adjacent to State Highway - Loop 428, approximately one (1) mile southwest of the City of Bishop, Nueces County, Texas; renewal, Permit No. 00579. CELANESE LTD., P.O. Box 937, Pampa, Texas 79066-0937; the plant site is located southwest of the intersection of U.S. Highway 60 and FM Road 2300, approximately 3 1/2 miles southwest of the City of Pampa, Gray County, Texas; major amendment, Permit No. 02891. CITY PUBLIC SERVICE OF SAN ANTONIO, P. O. Box 1771, San Antonio, Texas 78296; the plant site is located at 16120 Streich Road, approximately 2.75 miles northwest of the City of Elmendorf, Bexar County, Texas; renewal, Permit No. 01515. COMPAQ COMPUTER CORPORATION, P.O. Box 692000, Houston, Texas 77269-2000; the plant site is located approximately 7300 feet east of the intersection of Louetta Road and State Highway 249 in Harris County, Texas; renewal, Permit No. 13508-001. ENCINAL WATER SUPPLY CORPORATION, P.O. Box 235, Encinal, Texas 78019; the wastewater treatment facilities and disposal site are located approximately 1950 feet southeast of the intersection of U.S. Highway 81 and Interstate Highway 35 in Webb County, Texas; new, Permit No. 13943-001. EXCEL CORPORATION, P.O. Box 579, Friona, Texas 79035; the plant site is located immediately south of U.S. Highway 60 and the Santa Fe Railroad, approximately 3.3 miles southwest of the City of Friona, Parmer County, Texas; major amendment, Permit No. 01350. FINA OIL AND CHEMICAL COMPANY, La Porte Plant, P.O. Box 888, Deer Park, Texas 77536-0888; the plant site is located on State Highway 134 (Battleground Road) approximately 1.6 miles south of the San Jacinto Monument, in the City of Deer Park, Harris County, Texas; renewal, Permit No. 01000. GUADALUPE BLANCO RIVER AUTHORITY, Post Office Box 146, Port Lavaca, Texas 77979; the plant site is located approximately 3,400 feet west of the intersection of Farm-to-Market Road 2433 and State Route 35 and approximately 7,200 feet southeast of the intersection of Farm-to-Market Road 2433 and Farm-to-Market Road 1679 and United States Route 87 in Calhoun County, Texas; new, Permit No. 13954-001. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 119, c/o Schwartz, Page & Harding, 1300 Post Oak Boulevard, Suite 1400, Houston, Texas 77056; the plant site is located approximately 2,000 feet south of Spring Cypress Road and 5,000 feet east of the intersection of Louetta and Spring Cypress Roads in Harris County, Texas; renewal, Permit No. 11024-001. HEREFORD BI-PRODUCTS, INC., P.O. Box 2257, Hereford, Texas 79045; the plant site is located 3.5 miles southwest of the City of Hereford on Highway 60, 4.2 miles southwest of the intersection of Highway 385 and Highway 60, and 3.5 miles northeast of the intersection of Farm-to-Market Road 1057 and Highway 60, Deaf Smith County, Texas; major amendment, Permit No. 01300. CITY OF HOUSTON, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549; the plant site of the Fresh Water Supply District No. 23 Wastewater Treatment Facilities is located at 8219 Kellet Street, in the City of Houston, in Harris County, Texas; renewal, Permit No. 10495-016. HUDSON PRODUCTS CORPORATION, P.O. Box 210, Beasley, Texas 77417; the plant site is located approximately 0.2 mile north of U.S. Highway 59 and approximately 1.3 miles west of State Highway 360, near the City of Beasley, Fort Bend County, Texas; new, Permit No. 03985. JOHANN HALTERMANN, LTD., 16717 Jacintoport Boulevard, Houston, Texas 77015; the plant site is located at 16717 Jacintoport Boulevard on the north bank of the Houston Ship Channel, approximately 1.6 miles east of the intersection of Sheldon Road and Jacintoport Boulevard near the Community of Channelview, Harris County, Texas; renewal, Permit No. 02458. JONES CHEMICALS, INC., 1811 I-10 East, Suite 222, Houston, Texas 77029; the plant site is located at 1777 Haden Road in the City of Houston, Harris County, Texas; renewal, Permit No. 01801. LETOURNEAU, INC., P.O. Box 2307, Longview, Texas 75606; the plant site is located at 2400 S. McArthur Blvd., approximately 0.25 mile northwest of the intersection of Estes Parkway and Farm-to-Market Road 1845 and approximately 0.75 mile north of Interstate Highway 20 in the southwestern portion of the City of Longview, Gregg County, Texas; renewal, Permit No. 01603. THERON L. MOORE, SR., 8610 FM 2457, Livingston, Texas 77351; the plant site is located approximately 3000 feet north of Farm-to-Market Road 2457 and approximately 12 miles northwest of the City of Livingston on the east shore of Lake Livingston in Polk County, Texas; renewal, Permit No. 11621-001. NORTH STAR STEEL TEXAS, INC., P. O. Box 2390, Beaumont, Texas 77704; the plant site is located north of the Neches River, south of the Kansas City Railroad and east of the City of Beaumont, Orange County, Texas; renewal, Permit No. 01971. NORTH TEXAS MUNICIPAL WATER DISTRICT, P.O. Box 2408, Wylie, Texas 75098; the plant site is located 200 feet east of Los Rios Boulevard, approximately 700 feet north of Farm-to-Market Road 544, one mile west of Farm-to-Market Road 544 crossing of Rowlett Creek and approximately 3.5 miles east of the City of Plano in Collin County, Texas; major amendment, Permit No. 10363-001. NORTHWEST FREEWAY MUNICIPAL UTILITY DISTRICT, c/o Schwartz, Page, & Harding, L.L.P., 1300 Post Oak Blvd., Suite 1400, Houston, Texas 77056; the plant site is located approximately three-fourth (3/4) of a mile north-northwest of the intersection of Becker Road and U.S. Highway 290 in Harris County, Texas; renewal, Permit No. 11913-001. OXID, L.P., 101 Concrete Street, Houston, Texas 77012; the plant site is located at the southeast corner of the intersection of Loop 610 and the Houston Ship Channel, at 101 Concrete Street, in the City of Houston, Harris County, Texas; renewal, Permit No. 02102. OXID, L.P., 101 Concrete Street, Houston, Texas 77012; the plant site is located at 101 Concrete Street in the City of Houston, Harris County, Texas; renewal, Permit No. 03243. SAN ANTONIO WATER SYSTEM, P.O. Box 2449, San Antonio, Texas 78298-2449; the plant site is located approximately 1,300 feet north of the point where U.S. Highway 90 crosses Medio Creek, and approximately 1.25 miles west of Interstate Highway 410 in Bexar County, Texas; renewal, Permit No. 10137-040. SHELL OIL COMPANY, Westhollow Technology Center, P.O. Box 1380, Houston, Texas 77251-1380; the plant site is located on the east side of State Highway 6, approximately 3,000 feet south of the intersection of State Highway 6 and Farm- to-Market Road 1093 (Westheimer-Beeler Road) in the City of Houston, Harris County, Texas; renewal, Permit No. 01853. SILVERLEAF RESORTS, INC., 18270 Singingwood Lane, Flint, Texas 75762; the plant site is located approximately 0.5 mile northwest of the intersection of League Line Road and White Oak Drive on Lake Conroe in Montgomery County, Texas; renewal, Permit No. 13417-001. SOUTH COAST TERMINALS, L.P., 7401 Wallisville Road, Houston, Texas, 77020-3595; the plant site is located at 7401 Wallisville Road in the City of Houston, Harris County, Texas; renewal, Permit No. 03150. SPRING INDEPENDENT SCHOOL DISTRICT, 16716 Ella Blvd., Houston, Texas 77090-4299; the plant site is located approximately two miles north of Farm to Market (FM) 1960 on Hardy Road at Lemm Road #1 south of the community of Spring, Harris County, Texas; renewal, Permit No. 02483. SUNBELT FRESH WATER SUPPLY DISTRICT, 730 Little York Road, Houston, Texas 77076; the plant site is located immediately north of Mooney Road and east of Halls Bayou in Harris County, Texas; renewal, Permit No. 10236-001. CITY OF SUNSET, P.O. Box 197, Sunset, Texas 76270; the wastewater treatment facilities and disposal site will be located approximately 1,000 feet north northwest of the intersection of U.S. Highway 287 and State Highway 101 West, west of the City of Sunset, in Montague County, Texas; new, Permit No. 13952- 001. TEXAS UTILITIES ELECTRIC COMPANY, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411; the plant site is located on the north bank of Big Brown Reservoir (Fairfield Lake) on Farm to Market (FM) 2570 and 11 miles northeast of the City of Fairfield, Freestone County, Texas; renewal, Permit No. 01309. U.S. DEPARTMENT OF THE AIR FORCE AND LOCKHEED MARTIN TACTICAL AIRCRAFT SYSTEMS, P.O. Box 748, MZ 6875; the plant site is located on the south shore of Lake Worth, approximately seven miles west of downtown Fort Worth; bordered on the east by Carswell Air Force Base, and on the west and south by the City of White Settlement, Tarrant County, Texas; major amendment, Permit No. 01764. CITY OF WOODVILLE, 113 North Charlton, Woodville, Texas 75979; the plant site is located approximately 1,000 feet east of U.S. Highway 69 and 3,000 feet south of U.S. Highway 190 in Tyler County, Texas; major amendment, Permit No. 10322-001. TRD-9811548 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 22, 1998 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed 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 August 29, 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 August 29, 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: Arturo Arrendondo dba Art's Conoco; DOCKET NUMBER: 96-1598-PST-E; TNRCC ID NUMBER: 55665; Location: San Antonio, Bexar County, Texas; TYPE OF FACILITY: retail gas station; RULES VIOLATED: Texas Water Code, sec.26.121 by allowing a discharge of pollution into or adjacent to the waters of the state; 30 TAC sec.334.50(b)(1)(A) by failing to provide proper release detection for underground storage tank (UST) systems; 30 TAC sec.334.50(b)(2)(A) by failing to monitor pressurized piping in a UST system in a manner designed to detect releases from any portion of the piping system; 30 TAC sec.334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for UST systems; and 30 TAC sec.334.522(a) by failing to pay annual facility fees for its USTs; PENALTY: $25,400; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042. (2)COMPANY: Garland Paul Bourg, Sr. and Sue Ann Bourg, dba Circle G Dairy and Bourg Dairy; DOCKET NUMBER: 96-1972-AGR-E; TNRCC ID NUMBER: 03327; LOCATION: Rio Vista, Johnson County, Texas; TYPE OF FACILITY: dairy facility; RULE VIOLATED: Texas Water Code, sec.26.121 by discharging waste and wastewater into or adjacent to waters in the State of Texas without authorization from the TNRCC. At the time of the July 17, 1996, inspection by the TNRCC Arlington Regional investigator, a tractor with a power take-off driven pump was backed up to a concrete pit which collects barn flush and wastewater. The TNRCC investigator collected samples of the waste for analysis. The TNRCC investigator documented that Respondents pumped waste into a ditch that enters the Nolan River approximately three-quarters to one mile west of the Facility; 30 TAC sec.321.35(a) by failing to construct adequate facilities to retain waste; TNRCC Permit Number 03327, Special Provision Number 10.b, by failing to maintain records of waste disposal; TNRCC Permit Number 03327, Special Provision Number 11, by failing to provide soil sample analysis results; TNRCC Permit Number 03327, Special Provision 14, by failing to provide written notice to the TNRCC Enforcement Division, Water Section, and to the TNRCC Arlington Regional Office at least 45 days prior to the completion of the waste management facility or operation of the facility; TNRCC Permit Number 03327, Special Provision Number 19, by failing to furnish a Texas Registered Professional Engineer's certification that the facilities had been constructed in accordance with the TNRCC Permit 03327; TNRCC Permit Number 03327, Special Provision Number 22, by failing to have waste management facilities constructed by January 1, 1992; TNRCC Permit Number 03327, Standard Provision Number 2, by failing to give verbal notice of the discharge to the TNRCC Arlington Regional Office within 24 hours of the discharge and by failing to give written notice to the TNRCC executive director of the discharge within five working days of the discharge; and TNRCC Permit Number 03327, Special Provision Number 17, by failing to locate and certify that all wells located on the Facility property, and all wells located off-site of the Facility which were within 150 feet of the irrigation and/or soils disposal sites, were cased if producing or plugged if non- producing; PENALTY: $28,880; STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3)COMPANY: Ethyl Corporation; DOCKET NUMBER: 95-0462-IWH-E; TNRCC ID NUMBER: 30465; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing facility; RULES VIOLATED: 30 TAC sec.305.64 by changing ownership or operational control without prior authorization from the TNRCC; 30 TAC sec.335.152(a)(5) by failing to obtain approval for subsequent amendments to a closure plan that had previously been approved by the TNRCC; Compliance Plan Provision Number III. C.9. by failing in its 1990 or 1993 semi-annual reports to include changes in top of casing elevation for wells; and TNRCC Permit Number HW-50156, Provision Number VII. E. by failing to measure and record total depth in Monitor Wells Numbers MW-40 through MW-45 in 1990; PENALTY: $22,080; STAFF ATTORNEY: Lisa selton Dyar, Litigation Support Division, MC 175, (512) 5692; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. TRD-9811560 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 22, 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 EDPR. 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 August 29, 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 considerations that indicate that the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments. A copy of each of the proposed Default Orders 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 Default Orders should be sent to the attorney designated for each 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 August 29, 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 Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing. (1)COMPANY: Ed Bullion; DOCKET NUMBER: 97-1167-MSW-E; TNRCC ID NUMBER: 12062; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: municipal solid waste storage, processing, and disposal facility; RULES VIOLATED: 30 TAC sec.330.4(a) by failing to obtain a permit or other authorization from the TNRCC to operate as a municipal solid waste storage, processing, and disposal facility; 30 TAC sec.330.5(d) by burning municipal solid waste at the Facility without authorization by the commission or executive director; and 30 TAC sec.330.5(a)(2) and (3) by creating and maintaining a nuisance with the emission of odors at the Facility, and endangering human health and welfare of the environment; PENALTY: $6,250; STAFF ATTORNEY: Ali Abazari, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (2)COMPANY: Linda Daniels dba Sandy Creek Marina; DOCKET NUMBER: 97-0889-PWS-E; TNRCC ID NUMBER: 1870087; LOCATION: Lingston City, Polk County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC sec.290.106(a)(1) by failing to prepare a plan showing the sites at which samples will be collected for bacteriological analysis; 30 TAC sec.290.112(1) by failing to maintain bacteriological sample results for a period of five years; 30 TAC sec.290.46(n) by failing to maintain an up-to-date map of the distribution system; 30 TAC sec.290.46(m) by failing to initiate a program to facilitate cleanliness and improve the general appearance of all plant facilities; 30 TAC sec.290.42(e)(4)(D) by failing to provide facilities for determining the amount of disinfectant used daily as well as the amount of disinfectant remaining for use; 30 TAC sec.290.46(y) by failing to ensure that all water system electrical wiring is installed in a securely mounted conduit in compliance with a local or national electrical code; 30 TAC sec.290.43(c)(2) by failing to equip the water storage tank with a cover that overlaps and terminates in a downward direction for at least two inches with arrangements for keeping it locked in place; 30 TAC sec.290.43(c)(3) by failing to provide the ground storage tank with a properly designed overflow pipe which terminates with a gravity-hinged weighted cover; 30 TAC sec.290.43(c)(4) by failing to provide the water storage tank with a satisfactory means, properly protected from a sanitary standpoint, of easily determining the amount of water in storage; 30 TAC sec.290.43(e) by failing to provide a properly constructed intruder-resistant fencing around the facility; 30 TAC sec.290.46(p) by failing to inspect ground storage and pressure tanks on an annual basis; 30 TAC sec.290.43(d)(2) by failing to provide the pressure tank with a pressure release device; 30 TAC sec.290.43(d)(3) by failing to provide the pressure tank with facilities for maintaining the air-water volume at the design water level and working pressure; 30 TAC sec.290.42(e)(5) by failing to provide an adequate full-face self-contained breathing apparatus or supplied air respirator that meets Occupational Safety and Health Administration standards for construction and operation; 30 TAC sec.290.42(e)(5) by failing to provide a small bottle of fresh ammonia to test for possible chlorine leakage; 30 TAC sec.290.42(e)(2) by failing to have the chlorine application point on the well discharge line ahead of the ground storage; 30 TAC sec.290.46(f)(2)(B) by failing to perform a chlorine residual test in the far reaches of the distribution system, at least once every seven days; 30 TAC sec.290.45(b)(1)(C)(I) by failing to provide a well capacity of 0.6 gallons per minute per connection; 30 TAC sec.290.45(b)(1)(C)(iii) by failing to provide a service pump capacity of 2.0 gallons per minute per connection; 30 TAC sec.290.41(c)(3)(M) by failing to provide a sampling tap on each well discharge to facilitate the collection of samples for chemical and bacteriological analysis directly from the well; 30 TAC sec.290.41(c)(1)(F) by failing to protect the system's facilities by a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open-jointed drain fields within a 150-foot radius of each well; and 30 TAC sec.290.106(a)(2) and Texas Health and Safety Code, sec.341.033(d) by failing to collect bacteriological samples for the months of April 1996, June 1996, October 1996, November 1996, February 1997, August 1997, and September 1997; PENALTY: $7,655; STAFF ATTORNEY: (Bill) Il Hyun Jang, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (3)COMPANY: Marshall Kline dba Turn Key Trailers; DOCKET NUMBER: 97-1146-AIR-E; TNRCC ID NUMBER: CP0357J; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: trailer sales and rental site; RULES VIOLATED: 30 TAC sec.116.110(a) and Texas Health and Safety Code, sec.382.0518(a) and sec.382.085(b) by failing to obtain an air quality permit and/or failing to meet the conditions of a permit exemption prior to construction and operating a spray paint operation; PENALTY: $4,000; STAFF ATTORNEY: (Bill) Il Hyun Jang, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. TRD-9811551 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 22, 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 Texas Water Code (the Code), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 30, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 30, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Amoco Pipeline Company; DOCKET NUMBER: 98-0135-AIR-E; IDENTIFIER: Account Number HX-1680-I; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: crude oil pipeline meter station; RULE VIOLATED: 30 TAC sec.101.4 and the THSC, sec.382.085(a) and (b), by discharging air contaminants from a pipeline leak of crude oil at the Genoa Junction pipeline metering station and during the remediation of this site in such concentration and of such duration as were or may have tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (2)COMPANY: Chevron USA Products Company; DOCKET NUMBER: 98-0279-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0050102; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum storage tank retail facility; RULE VIOLATED: 30 TAC sec.115.246(6) and the THSC, sec.382.085(b), by failing to maintain a log of daily inspections to ensure proper operation of the Stage II vapor recovery system; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Jason Ybarra, (713) 767-3615; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (3)COMPANY: The City of Azle; DOCKET NUMBER: 98-0025-MWD-E; IDENTIFIER: Permit Number 11183-003; LOCATION: Azle, Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11183-003 and the Code, sec.26.121, by exceeding the permitted daily average limit of 15 milligrams per liter (mpl) for total suspended solids from May through December 1997; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4)COMPANY: The City of Goree; DOCKET NUMBER: 97-1113-MWD-E; IDENTIFIER: Permit Number 10102-001; LOCATION: Goree, Knox County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC sec.325.2(b), by failing to employ a wastewater operator with a valid certificate of competency; 30 TAC sec.305.125(5), by failing to operate and maintain all facilities and systems of treatment properly at all times; and 30 TAC sec.319.11(b), by failing to take pH measurements within 15 minutes of sample collection; PENALTY: $6,875; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 209 South Danville, Suite B200, Abilene, Texas 79605-1491, (915) 698-9674. (5)COMPANY: The City of West Tawakoni; DOCKET NUMBER: 98-0114-MWD-E; IDENTIFIER: Permit Number 11331-001; LOCATION: West Tawakoni, Hunt County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11331-001 and the Code, sec.26.121, by failing to comply with the total suspended solids daily average concentration permit limit of 15 mpl and the biochemical oxygen demand daily average concentration permit limit of ten mpl; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (6)COMPANY: DSI Transports, Incorporated; DOCKET NUMBER: 97-1074-AIR-E; IDENTIFIER: Account Number JE-0013-X; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: tanker truck cleaning plant; RULE VIOLATED: 30 TAC sec.115.132(a) and the Act, sec.382.085(b), by operating a volatile organic compound (VOC) and water separator that was not enclosed, covered, or utilizing a vapor recovery system; and 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by operating a transport vessel cleaning and degassing facility without first obtaining a TNRCC air quality permit or satisfying the conditions of a permit exemption; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (7)COMPANY: Francisco Orozco dba Guanajuato Auto Sales; DOCKET NUMBER: 98-0180- AIR-E; IDENTIFIER: Account Number DB-4659-C; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC sec.114.50(e)(1) and the Act, sec.382.085(b), by issuing motor vehicle inspection certificates to three motor vehicles without testing the exhaust emissions; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (8)COMPANY: R. C. McBryde Oil Company; DOCKET NUMBER: 97-0909-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 001620; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: retail gasoline station; RULE VIOLATED: 30 TAC sec.334.54(d)(1)(B), by failing to properly upgrade or permanently remove from service underground storage tanks (USTs) which have been temporarily out of service for longer than 12 months; 30 TAC sec.334.7(e)(2), by failing to accurately fill out a tank registration form that has been dated and signed by the owner or the owner's designated representative and submitted to the executive director; 30 TAC sec.334.72, by failing to report to the commission a suspected release from a UST within 24 hours of its discovery; 30 TAC sec.334.48(c), by failing to conduct effective inventory control procedures for all USTs at a retail service station, regardless of which method of release detection is used for compliance with 30 TAC sec.334.50 (relating to Release Detection); and the Code, sec.26.121(a)(1), by failing to prohibit unauthorized discharges or activities which cause, continue to cause, or will cause pollution of any water in the State of Texas; PENALTY: $8,320; ENFORCEMENT COORDINATOR: Randy Norwood, (512) 239-1879; REGIONAL OFFICE: 301 West Beauregard Avenue, Suite 202, San Angelo, Texas 76903-6326, (915) 655-9479. (9)COMPANY: Victor M. Ashe dba Shady Oaks Mobile Home Community and RV Park; DOCKET NUMBER: 98-0019-MWD-E; IDENTIFIER: Enforcement Identification Number 11978; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC sec.285.3(d)(1) and the Code, sec.26.121, by operating the facility without a required permit and by allowing unauthorized discharges of wastewater; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (10)COMPANY: The Texas Department of Criminal Justice; DOCKET NUMBER: 98-0198- MWD-E; IDENTIFIER: Permit Number 11180-002; LOCATION: Huntsville, Walker County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11180-002 and the Code, sec.26.121, by failing to comply with the daily average five-day carbonaceous biochemical oxygen demand permit limit of ten mpl; the Code, sec.26.135(h), by failing to pay water quality assessment fees; the Code, sec.;5.102, 5.103, 5.105, 5.120, 26.0291(b)(c), and 26.040, by failing to pay wastewater inspection fees; 30 TAC sec.334.128, by failing to pay aboveground storage tank fees; the THSC, sec.;361.131 - 361.139, by failing to pay generation fees for hazardous and nonhazardous waste; the THSC, sec.341.041, by failing to pay the public health service fees; the THSC, sec.361.013 and sec.361.014, by failing to pay waste management beneficial land use permit fees; the THSC, sec.341.034, by failing to pay waterworks operator certification fees; and the THSC, sec.381.037(i), by failing to pay conference and seminar fees; PENALTY: $0; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (11)COMPANY: Texas Plasticote, A Subsidiary of Pipeline Seal & Insulator, Incorporated; DOCKET NUMBER: 98-0253-AIR-E; IDENTIFIER: Account Number HX-1472- R; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: pipeline equipment manufacturing plant; RULE VIOLATED: 30 TAC sec.115.421(a)(9)(A)(iii) and the THSC, sec.382.085(b), by delivering surface coating having more than 3.5 pounds per gallon VOC content to its metal parts and products application system; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (12)COMPANY: Woodcrest Mobile Home Park, Incorporated; DOCKET NUMBER: 97-0059- MWD-E; IDENTIFIER: Enforcement Identification Number 8391; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC sec.305.125(2) and the Code, sec.26.121, by failing to submit a permit renewal application and by allowing an unauthorized discharge of wastewater; and the Code, sec.26.0291 and sec.26.0135(h), by failing to pay waste treatment inspection fees and water quality assessment fees; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Bill Main, (512) 239-4481; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100. TRD-9811472 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 21, 1998 Notice of Opportunity to Comment on Settlement Agreements of Administrarive Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) 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 August 29, 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 August 29, 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: Arturo Arrendondo dba Art's Conoco; DOCKET NUMBER: 96-1598-PST-E; TNRCC ID NUMBER: 55665; Location: San Antonio, Bexar County, Texas; TYPE OF FACILITY: retail gas station; RULES VIOLATED: Texas Water Code, sec.26.121 by allowing a discharge of pollution into or adjacent to the waters of the state; 30 TAC sec.334.50(b)(1)(A) by failing to provide proper release detection for underground storage tank (UST) systems; 30 TAC sec.334.50(b)(2)(A) by failing to monitor pressurized piping in a UST system in a manner designed to detect releases from any portion of the piping system; 30 TAC sec.334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for UST systems; and 30 TAC sec.334.522(a) by failing to pay annual facility fees for its USTs; PENALTY: $25,400; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042. (2)COMPANY: Garland Paul Bourg, Sr. and Sue Ann Bourg, dba Circle G Dairy and Bourg Dairy; DOCKET NUMBER: 96-1972-AGR-E; TNRCC ID NUMBER: 03327; LOCATION: Rio Vista, Johnson County, Texas; TYPE OF FACILITY: dairy facility; RULE VIOLATED: Texas Water Code, sec.26.121 by discharging waste and wastewater into or adjacent to waters in the State of Texas without authorization from the TNRCC. At the time of the July 17, 1996, inspection by the TNRCC Arlington Regional investigator, a tractor with a power take-off driven pump was backed up to a concrete pit which collects barn flush and wastewater. The TNRCC investigator collected samples of the waste for analysis. The TNRCC investigator documented that Respondents pumped waste into a ditch that enters the Nolan River approximately three-quarters to one mile west of the Facility; 30 TAC sec.321.35(a) by failing to construct adequate facilities to retain waste; TNRCC Permit Number 03327, Special Provision Number 10.b, by failing to maintain records of waste disposal; TNRCC Permit Number 03327, Special Provision Number 11, by failing to provide soil sample analysis results; TNRCC Permit Number 03327, Special Provision 14, by failing to provide written notice to the TNRCC Enforcement Division, Water Section, and to the TNRCC Arlington Regional Office at least 45 days prior to the completion of the waste management facility or operation of the facility; TNRCC Permit Number 03327, Special Provision Number 19, by failing to furnish a Texas Registered Professional Engineer's certification that the facilities had been constructed in accordance with the TNRCC Permit 03327; TNRCC Permit Number 03327, Special Provision Number 22, by failing to have waste management facilities constructed by January 1, 1992; TNRCC Permit Number 03327, Standard Provision Number 2, by failing to give verbal notice of the discharge to the TNRCC Arlington Regional Office within 24 hours of the discharge and by failing to give written notice to the TNRCC executive director of the discharge within five working days of the discharge; and TNRCC Permit Number 03327, Special Provision Number 17, by failing to locate and certify that all wells located on the Facility property, and all wells located off-site of the Facility which were within 150 feet of the irrigation and/or soils disposal sites, were cased if producing or plugged if non- producing; PENALTY: $28,880; STAFF ATTORNEY: Mary Risner, Litigation Support Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3)COMPANY: Ethyl Corporation; DOCKET NUMBER: 95-0462-IWH-E; TNRCC ID NUMBER: 30465; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing facility; RULES VIOLATED: 30 TAC sec.305.64 by changing ownership or operational control without prior authorization from the TNRCC; 30 TAC sec.335.152(a)(5) by failing to obtain approval for subsequent amendments to a closure plan that had previously been approved by the TNRCC; Compliance Plan Provision Number III. C.9. by failing in its 1990 or 1993 semi-annual reports to include changes in top of casing elevation for wells; and TNRCC Permit Number HW-50156, Provision Number VII. E. by failing to measure and record total depth in Monitor Wells Numbers MW-40 through MW-45 in 1990; PENALTY: $22,080; STAFF ATTORNEY: Lisa selton Dyar, Litigation Support Division, MC 175, (512) 5692; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. TRD-9811552 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 22, 1998 Proposal for Decision The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on July 8, 1998 on Executive Director's Preliminary Report Assessing Administrative Penalties and Requiring Certain Actions of Max Kunz; SOAH Docket No.582-98-0565; TNRCC Docket No.97-0229-IHW-E. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. Issued in Austin, Texas on July 21, 1998 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission. Proposal for Decision The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on July 17, 1998 on Executive Director's Preliminary Report Assessing Administrative Penalties and Requiring Certain Actions of Gibson Recycling, Inc.; SOAH Docket No.582-97-1890; TNRCC Docket No.97-0254-MSW-E. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. TRD-9811549 Douglas A. Kitt Agenda Coordinator Texas Natural Resource Conservation Commission Filed: July 22, 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 (23 TexReg 5523- 5524). 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 Llano News on July 30, 1998. The Kingsland site is located from the 900-block of Farm Road 1431 northwest to its intersection with Farm Road 2545, in Llano County, Texas. The approximate geographic coordinates of the site are Latitude 30 40' 00" N, Longitude 98 26' 00 W". There are several possible sources of releases, including businesses along Farm Road 1431. Releases of hazardous substances, such as organic solvents, to the groundwater is the major concern at the site. A public meeting may be requested regarding the proposed listing of the Kingsland site on the state registry. The public meeting must be requested by submitting a written request by 5:00 p.m., August 31, 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 Kingsland site to the attention of Carol Boucher, TNRCC, Remediation Division, P.O. Box 13087 MC-143, Austin, Texas 78711-3087; telephone (800) 633-9363 (within Texas only) or (512) 239-2501. 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 Llano 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 Kingsland Branch Library, 125 W. Polk, Kingsland, Texas 78639-5908, (915) 388-3170, 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-9811559 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 22, 1998 North Central Texas Council of Governments Requests for Proposals This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254. North Central Texas Council of Governments intends to select a consultant firm to conduct a multimodal travel pattern analysis for Dallas Area Rapid Transit (DART). The selected consultant will work closely with the Planning and Development Division of DART to conduct data collection and analysis to identify travel patterns of the users of the DART system and to quantify the number of passengers who constitute those patterns. Due Date: Proposals must be submitted no later than 5:00 p.m. (central time) on Friday, August 7, 1998, to Ms. Julie Dunbar, North Central Texas Council of Governments, 616 Six Flags Drive, Second Floor, or P.O. Box 5888, Arlington, Texas 76005-5888. For more information and copies of the Request for Proposals (RFP), contact Diane Griffin, (817) 695-9287. Contract Award Procedures: The firm selected to perform this study will be recommended by a Project Review Committee (PRC). The PRC will use evaluation criteria and methodology consistent with the scope of services contained in the RFP. The NCTCOG Executive Board will review the PRC's recommendations and, if found acceptable, will issue a contract award. Regulations: The NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United Sates Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantage business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award. TRD-9811214 R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: July 16, 1998 This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254. North Central Texas Council of Governments intends to select a consultant firm to study the City of Denton's transit system. The purpose of this project is to assist NCTCOG in analyzing the barriers that have prevented establishment of transit service beyond current boundaries and in recommending transit service improvements within the present service area and Denton County. Due Date: Proposals must be submitted no later than 5:00 p.m. (central time) on Friday, August 14, 1998, to Mr. Patrick Tyner, North Central Texas Council of Governments, 616 Six Flags Drive, Second Floor, or P.O. Box 5888, Arlington, Texas 76005-5888. For more information and copies of the Request for Proposals (RFP), contact Diane Brostuen, (817) 695-9240. Contract Award Procedures: The firm selected to perform this study will be recommended by a Project Review Committee (PRC). The PRC will use evaluation criteria and methodology consistent with the scope of services contained in the RFP. The NCTCOG Executive Board will review the PRC's recommendations and, if found acceptable, will issue a contract award. Regulations: The NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United Sates Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantage business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award. TRD-9811602 R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: July 16, 1998 Public Utility Commission of Texas Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule sec.23.25 Notice is given to the public of an application filed with the Public Utility Commission of Texas on July 15, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule sec.23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs). Tariff Title and Number: Southwestern Bell Telephone Company Notification of Rate Reduction of MaxiMizeremph: TM 800 Services Pursuant to P.U.C. Substantive Rule sec.23.25. Tariff Control Number 19608. The Application: SWBT filed an application to reduce the MaxiMizeremph: TM 800 rates for the Per Minute and the Two Hour and Five Hour Block of Time Plans. Rates for the Per Minute Plan will be reduced from the present $ .20 per peak minute and $ .18 for off-peak minute of use to $ .15 per minute of use for either peak or off-peak. The Two Hour Block Plan's monthly charge is reduced from the current $21.60 to $15.00 and the additional minute's rate changes from $ .17 to $ .125. The Five Hour Block Plan's monthly charge is reduced from $45.00 to $30.00 and the additional minute's rate changes from $ .14 to $ .10. All other MaxiMizeremph: TM 800 rates and features will remain the same. Persons who wish to intervene in this proceeding 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 by August 6, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811464 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 1998 Notice is given to the public of an application filed with the Public Utility Commission of Texas on July 15, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule sec.23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs). Tariff Title and Number: Southwestern Bell Telephone Company Notification to Institute Promotional Rates for SmartTrunk Service Pursuant to P.U.C. Substantive Rule sec.23.25. Tariff Control Number 19609. The Application: SWBT filed an application to institute promotional rates for SmartTrunk Service customers ordering SmartTrunk Interfaces between September 1, 1998 and November 27, 1998. During the promotional period, SmartTrunk service customers ordering new SmartTrunk Interfaces will receive a waiver of the non- recurring installation charge associated with SmartTrunk Service. In order to receive the non-recurring charge waiver, customers must purchase a 36 month or longer contract. Persons who wish to intervene in this proceeding 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 by August 6, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811465 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 1998 Notice of Application for Approval of Certain Depreciation Rates Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 14, 1998, for approval of certain depreciation rates pursuant to sec.sec.52.002- 52.003, sec.52.252, and sec.53.056, 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 Kerrville Telephone Company, Inc. for an Increase in Certain Depreciation Rates Pursuant to P.U.C. Substantive Rule sec.23.61(h). Docket Number 19600. The Application: Kerrville Telephone Company, Inc. (Kerrville) requests approval to increase certain deprecation rates to receive full capital recovery of the following accounts: furniture, office support equipment, general purpose personal computers, general purpose mainframe computer, circuit equipment, poles, aerial cable-metallic, underground cable-metallic, underground cable- fiber, buried cable-metallic, buried cable-fiber, intrabuilding aerial cable- metallic, intrabuilding underground cable, intrabuilding underground cable- fiber, intrabuilding buried cable-metallic. Kerrville provides service in the Texas counties of Gillespie, Kerr, and Kimble. Kerrville proposes an effective date of January 1, 1998 for these increased rates. 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 August 14, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811348 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 17, 1998 Notice of Applications 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 July 10, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Excel Telecommunications, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19597 before the Public Utility Commission of Texas. Applicant intends to provide all forms of telecommunications services on a resale basis, including, basic residential exchange services, residential custom and class features, basic business exchange services, business custom calling and class features, adjunct provided features, and business and residential ancillary services. Applicant's requested SPCOA geographic area includes all local exchange companies (LECs) that are not now, or that cease to be, subject to competitive protection as a small or rural LEC pursuant to 48 U.S.C. sec.251(f). 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 August 5, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811199 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 15, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 14, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of FirstLink Communications, Inc., for a Service Provider Certificate of Operating Authority, Docket Number 19601 before the Public Utility Commission of Texas. Applicant intends to provide basic local exchange services, plus resold long distance along with unregulated services such as Internet, enhanced service features and cable and/or alarm services. 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 August 5, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811245 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 16, 1998 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 17, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec.54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of Dakota Services Limited for a Service Provider Certificate of Operating Authority, Docket Number 19621 before the Public Utility Commission of Texas. Applicant intends to provide specialized digital communications technologies for local exchange services and interexchange service to customers. 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 August 5, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. TRD-9811509 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 21, 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 an addition to the existing PLEXAR-Custom service for Shell Oil Company in Houston, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for Shell Oil Company in Houston, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19603. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Shell Oil Company in Houston, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston 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-9811200 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 15, 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 addition to the existing PLEXAR-Custom service for Fort Worth Independent School District (ISD) in Fort Worth, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for Fort Worth ISD in Fort Worth, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19604. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Fort Worth ISD in Fort Worth, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Fort Worth exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas 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-9811201 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 15, 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 addition to the existing PLEXAR-Custom service for Schertz Cibolo Universal City Independent School District (ISD) in Schertz, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for Schertz Cibolo Universal City ISD in Schertz, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19612. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Schertz Cibolo Universal City ISD in Schertz, Texas. PLEXAR-Custom service is a central office-based PBX- type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the San Antonio 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-9811463 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 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 addition to the existing PLEXAR-Custom service for Aldine Independent School District (ISD) in Houston, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for Aldine ISD in Houston, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19613. The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Aldine ISD in Houston, Texas. PLEXAR- Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston 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-9811462 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 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 new PLEXAR-Custom service for Corpus Christi Independent School District (ISD) in Corpus Christi, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Corpus Christi ISD in Corpus Christi, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19614. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Corpus Christi ISD in Corpus Christi, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Corpus Christi exchange, and the geographic market for this specific PLEXAR-Custom service is the Corpus Christi 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-9811461 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 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 new PLEXAR-Custom service for Texas Commission on Fire Protection in Austin, Texas. Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Texas Commission on Fire Protection in Austin, Texas Pursuant to P.U.C. Substantive Rule sec.23.27. Tariff Control Number 19632. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Texas Commission on Fire Protection in Austin, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Austin exchange, and the geographic market for this specific PLEXAR-Custom service is the Austin 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-9811508 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 21, 1998 Notice of Public Hearing Relating to Continuity of Service for Electric Utilities The Public Utility Commission of Texas will conduct a public hearing in rulemaking Project Number 19198, Continuity of Service (for electric utilities), pursuant to the Administrative Procedure Act, Texas Government Code sec.2001.029, at 9:00 a.m. on Thursday, August 13, 1998. This public hearing will be conducted in the commissioners' hearing room located on the seventh floor of the William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701. The public hearing will focus on proposed rule sec.25.52 relating to Continuity of Service as published in the June 12, 1998 Texas Register (23 TexReg 6115). If you have any questions in regards to this proceeding, contact Mel Eckhoff, Office of Regulatory Affairs, at (512) 936-7348. TRD-9811512 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 21, 1998 Public Notices of Amendment to Interconnection Agreements On July 8, 1998, Southwestern Bell Telephone Company and Winstar Wireless of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of sec.15 and sec.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 19424. 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19424. 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 August 10, 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 19424. TRD-9811458 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 1998 On July 8, 1998, Southwestern Bell Telephone Company and Winstar Wireless of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of sec.15 and sec.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 19587. 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19587. 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 August 10, 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 19587. TRD-9811460 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 1998 On July 9, 1998, Southwestern Bell Telephone Company and Kingsgate Telephone, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under sec.252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of sec.15 and sec.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 19611. 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19611. 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 August 10, 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 19611. TRD-9811459 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 20, 1998 Public Notices of Interconnection Agreements On July 7, 1998, 360 Communications Company (360 Comm) 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 sec.15 and sec.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 19581. 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 19581. 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 August 21, 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 19581. TRD-9811346 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 17, 1998 On July 14, 1998, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint) and Omni- Prism Communications, 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 sec.15 and sec.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 19602. 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 19602. 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 August 21, 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 19602. TRD-9811347 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 17, 1998 San Antonio-Bexar County Metropolitan Planning Organization Request for Proposal The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to perform an audit of expenditures of funds provided by the United States Department of Transportation (USDOT) and the Texas Department of Transportation (TxDOT). The MPO will award a contract to conduct the audit for three consecutive fiscal years: 1997-98, 1998-99, 1999-90. The estimated amount of funding for this contract is $30,000 and is contingent upon the availability of Federal Transportation Planning Funds. The audit will be performed in accordance with the requirements of the Office of Management and Budget Circular A-133. The contract award will be made by the MPO Transportation Steering Committee; however, the MPO reserves the right to reject any and all proposals. Individuals or agencies interested in submitting a proposal should request a copy of the Request for Proposal (RFP) from Janet A. Kennison, Adminstrator, at (210) 227-8651, 603 Navarro, Suite 904, San Antonio, Texas 78205. Closing date for accepting proposals is 12:00 p.m. (CDT), Friday, August 28, 1998. TRD-9811511 Janet A. Kennison Administrator San Antonio—Bexar County Metropolitan Planning Organization Filed: July 21, 1998 Texas Tech University Request for Proposals Texas Tech University requests proposals from professional firms interested in representing Texas Tech University and its component members in certain tax matters. DESCRIPTION: Texas Tech University is supported by legislative appropriations, tuition, fees, income from auxiliary enterprises, 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, Texas Tech University will engage outside counsel for review of and advice regarding tax matters as they relate to higher education including but not limited to the following: retirement programs, unrelated business income tax; personal income tax issues as they relate to donors; and Federal and State tax matters regarding compensation issues and nonresident alien tax issues. Texas Tech University invites proposals in response to this RFP from qualified firms for the provision of such legal and tax services under the direction and supervision of the Texas Tech University Office of General Counsel. RESPONSES: Responses to this RFP should include at least the following: a description of the firm's or attorney's qualifications for performing legal services, including the firm's prior experience in tax-related matters and retirement plans as they relate specifically to institutions of higher education; 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; the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform such services in relation to Texas Tech University federal tax matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; 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; disclosures of conflicts of interests (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 Texas Tech University or to the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials); and confirmation of willingness to comply with policies, directives, and guidelines of Texas Tech University and the Attorney General of the State of Texas. Qualified firms must be able to exhibit compliance with House Bill No. 1, 75th Legislature, Regular Session, Article IX, Section 59 concerning matters against the State of Texas or any of its agencies. FORMAT AND PERSON TO CONTACT: Three copies of the proposal are requested. The proposal should be typed, preferably double-spaced on, 8 1/2 by 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" and addressed to Patricia Aldridge, Director of Contracting, Texas Tech University, P.O. Box 41101, Lubbock, Texas 79409-1101. Evaluation: Proposals sent in response to this RFP will be evaluated in light of several criteria. The criteria are expertise, availability of a lead attorney, prior experience in handling tax-related matters relating to higher education, procedures for providing timely and cost-effective services, and reasonableness of fees. Although the fee structure and overall cost of this representation will be an extremely important factor in evaluating proposals submitted in response to this RFP,. the successful firm will clearly demonstrate exceptional expertise and experience with the tax matters made the subject of this RFP. Proposals must remain firm as to services and prices for 90 days. No proposals will be accepted by oral communication, electronic mail, telegraphic transmission or telefacsimile transmission. Proposers are requested to submit a standard form used to retain their services if available. DEADLINE FOR SUBMISSION OF RESPONSE: All proposals will be received by the Office of Contracting at Texas Tech University at the address set forth above no later than 3 p.m. August 31, 1998. PROPOSAL DELIVERY and TIME AND DATE: Proposals received after August 31, 1998, 3:00p.m. CST will be returned unopened. Address proposals to: Patricia Aldridge Director of Contracting 327 Drane Hall 15th and University P.O. Box 41101 Lubbock, Texas 79409-1101 phone (806) 742-3841 fax (806) 742-0350 TRD-9811541 James L. Crowson Assistant Secretary to the Board Texas Tech University Filed: July 22, 1998 Texas Tech University (TTU) and Texas Tech University Health Sciences Center (TTUHSC) request information from law firms interested in representing TTU/TTUHSC 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 TTU/TTUHSC, 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. Tax-exempt bonds and notes are issued by the Board of Regents of Texas Tech University (the "Board"), acting separately and independently for and on behalf of TTU and TTUHSC. 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 in Article VII, Section 17, of the Texas Constitution (Higher Education Assistance Fund Bonds). A $50 million commercial paper program for Higher Education Assistance Fund (HEAF) bonds is planned for the 1999 fiscal year. A fixed rate bond sale is also anticipated. Under authority granted in Chapter 55, Texas Education Code and Vernon's Texas Civil Statutes, Articles 717k and 717q, and other applicable laws, TTU anticipates issuing revenue bonds for capital improvements. A $100 million tax-exempt commercial paper program (with initial authority of $50 million) is to be used for interim financing with long term fixed rate bonds sold to provide more permanent financing. TTU employs a revenue bond program which offers a combined pledge of all legally available revenues with certain exceptions (the "Revenue Financing System"). Federal tax related matters regarding bonds issued by TTU, including strategies and management practices in the conduct of an exempt bond program requires a close working relationship with bond counsel. Contact is frequent, particularly in regard to HEAF and RFS commercial paper programs due to the significant level of capital improvements anticipated over the next several years. TTU invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of TTU'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 attorneys' qualifications for performing the legal services, including the firm's prior experience in bond issuance matters, the names, experience, and technical expertise of 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 TTU'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 TTU or the State of Texas, or any of its boards, agencies, commissions, universities, or elected or appointed officials). Qualified firms must be able to exhibit compliance with House Bill No. 1, 75th Legislature, Regular Session, concerning matters against the State of Texas or any of its agencies; and (4) confirmation of willingness to comply with policies, directives and guidelines of TTU 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 or delivered in person, marked "Response to Request for Information" and addressed to Ms. Patricia Aldridge, Director of Contracting and Risk Management, Texas Tech University, 327 Drane Hall, Lubbock, Texas 79409- 1101 (telephone (806) 742-3841 for questions). Deadline for Submission of Response: All responses must be received by the TTU's Office of Contracting and Risk Management at the address set forth above no later than 5:00 p.m., Friday, August 21, 1998. TRD-9811546 James L. Crowson Assistant Secretary to the Board Texas Tech University Filed: July 22, 1998 Texas Department of Transportation Notice of Availability of FEIS Notice of Availability of FEIS: In accordance with Title 43, Texas Administrative Code, sec.2.43, the Texas Department of Transportation is giving public notice of the availability of the Final Environmental Impact Statement (FEIS) for the proposed construction of the Loop 49 (South Section) roadway facility around the city of Tyler in Smith County, Texas. The proposed project consists of the construction of a controlled access freeway facility from State Highway 155 east to State Highway 110, a distance of 15.5 kilometers (9.6 miles). The proposed Loop 49 facility will consist of a four- lane divided roadway with both parkway and freeway sections depending on the surrounding existing land use. Three alternatives, in addition to the no-build alternative, have been presented in the FEIS for this project. All three alternatives lie between State Highway 155 and State Highway 110 in an east-west direction, but differ in their proximity to the city of Tyler. Alternative A was identified as the Technically Preferred Alternative. Alternative A is the alternative closest to Tyler and is 15.48 kilometers (9.62 miles) in length. Alternative B lies outside Alternative A and is 16.74 kilometers (10.4 miles) in length. Alternative C lies the farthest from the City of Tyler and is approximately 18.44 kilometers (11.5 miles) long. The proposed Loop 49 freeway is intended to alleviate traffic congestion on existing roadways in urbanized Smith County; to provide a safer, more convenient route for traffic traveling through the Tyler area; and to increase mobility and provide access (including improved emergency service access) to the southern Tyler/Smith County area. The social, economic, and environmental impacts of the Loop 49 project have been analyzed in the FEIS. Copies of the FEIS and other information about the project may be obtained at the Texas Department of Transportation Tyler District Office located at 2709 West Front Street, Tyler, Texas 75702. For further information, please contact Wesley G. McClure, P.E., at (903) 510-9224. Copies of the FEIS may also be reviewed at the University of Texas at Tyler Library, Tyler Junior College Library, the office of the Smith County Judge, the Tyler Metropolitan Planning Organization, East Texas Council of Governments, and the Tyler Metropolitan Chamber of Commerce. TRD-9811373 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: July 20, 1998 Request for Proposal: Patent Law Matters The Texas Department of Transportation (the "department") requests proposals from law firms interested in representing the department in patent law matters. This request for proposals (RFP) is issued for the purpose of identifying qualified law firms able to provide legal representation required by the department and the Texas Transportation Commission (the "commission") on specific patent applications. Selection of outside counsel will be made by the department's executive director. Description: The department is a state agency granted powers under Transportation Code, Section 201.205 to apply for, register, secure, hold, and protect patents. Transportation research activities and related pursuits produce design processes and other intellectual property that are carefully evaluated for protection and for licensing to governmental and commercial entities. The department will engage outside counsel to prepare, file, and prosecute applications to patent the department's current and possible future innovations. The department invites responses to this RFP from qualified firms for the provision of patent legal services under the direction and supervision of the department's Office of General Counsel. Outside counsel engaged by the department must demonstrate competence and expertise in patent law. Extensive prior experience in providing legal services related to patent law is required. Responses: Responses to the RFP may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the RFP should include at least the following information: (1) a description of the firm's qualifications for performing patent prosecution, developing patent applications, and obtaining patents, the names, experience, education, and scientific or technical expertise of the attorneys who will be assigned to work on such matters, the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (2) information relative to the capabilities and resources of the firm's Texas offices, including a summary of physical resources that would be assigned to the department, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (3) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (4) an abstract of the firm's cost control procedures and how it charges for its services; (5) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (6) 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 Texas Department of Transportation, or to the State of Texas or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (7) confirmation of willingness to comply with the rules, policies, directives, and guidelines of the department, the commission, and the Attorney General of the State of Texas. Format and Person to Contact: Eight copies of the proposal are requested. The proposal 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" and addressed to Charles W. Heald, P.E., Executive Director, Texas, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701- 2483. For questions, telephone Jennifer Soldano, Associate General Counsel at (512) 463-8630. Deadline for Submission of Response: All proposals must be received by the Texas Department of Transportation at the previously stated address no later than 5:00 p.m., August 28, 1998. TRD-9811588 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: July 22, 1998 Texas Commision on Volunteerism and Community Service Notice of Request for Proposals The Texas Commission on Volunteerism and Community Service issues a Request for Proposals (RFP) for the purpose of subgranting funds to organizations to establish and maintain community-based service-learning demonstration projects. The projects should address the goals of the Texas Unified State Plan and at least one of the five goals as presented by the Presidents' Summit for America's Future and the Texas Challenge. These goals include a caring adult, a safe place, a marketable skill, a healthy start and an opportunity to give back through service. The successful proposers will be expected to begin performance of the one-year, renewable contract on or about October 30, 1998. Eligible Proposers: The Texas Commission on Volunteerism and Community Service will consider proposals from community-based organizations and public or private non-profit entities. Contact: Interested parties should fax a one page request for an RFP to (512)463-1861, to be received no later than 12 noon CST, August 21, 1998. The request should include organization name, contact person, address, and phone number. Contact Kevin Schantz at (512) 936-3587 for more information. The RFP will be available on July 31, 1998, or as soon thereafter as possible. Proposers must send at least one agent or employee to a mandatory information session to be held on September 1, 1998 in Austin, Texas. Location and time of the session will be included in the RFP. Closing Date: Proposals must be received by the Texas Commission on Volunteerism and Community Service no later than 5:00 p.m. CST on Friday, October 2, 1998. Hand deliveries should be delivered to 1700 North Congress, Room 310, Austin, Texas 78701. Mailed proposals should be sent to P.O. Box 13385, Austin, TX 78711-3385. Proposals received after 5:00 p.m. CST on Friday, October 2, 1998 will not be considered. Award Procedures: Proposals will be subject to evaluation based on the requirements as set forth in the RFP. The Texas Commission on Volunteerism and Community Service will make the final decision as to which proposal or proposals best satisfy the RFP's criteria. The Texas Commission on Volunteerism and Community Service reserves the right to accept or reject any or all proposals submitted. The Texas Commission on Volunteerism and Community Service is under no legal obligation to execute a contract on the basis of this notice or the distribution of any RFP. In addition, the Texas Commission on Volunteerism and Community Service reserves the right to vary the provisions set forth in the RFP any time prior to the execution of a contract when such variance is deemed to be in the best interest of the Texas Commission on Volunteerism and Community Service. Neither this notice nor the RFP commits the Texas Commission on Volunteerism and Community Service to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: issuance of RFP - July 31, 1998; mandatory information session - September 1, 1998; proposals due - October 2, 1998 at 5:00 p.m. CST; contract execution - October 30, 1998, or as soon thereafter as possible. TRD-9811562 J. Ferris Duhon Assistant General Counsel Texas Commission on Volunteerism and Community Service Filed: July 22, 1998 Texas Workers' Compensation Commission Notice to Vendors Training vendors interested in becoming approved curriculum vendors for the Texas Workers' Compensation Commission's Designated Doctor Program to provide mandatory training for designated doctors and/or health care providers performing the Range of Motion, Strength, or Sensory Testing for the designated doctor exam can obtain application information by calling Michele Claire Johnson, Coordinator, Designated Doctor Education, Medical Review Division, (512) 440-3842. The Texas Workers' Compensation Commission will review completed applications (with required documentation attached) after the deadline for submission which is close of business on September 1, 1998. TRD-9811557 Susan M. Cory General Counsel Texas Workers' Compensation Commission Filed: July 22, 1998 Texas Workforce Commission Notice of Public Hearing The Texas Workforce Commission (Commission) will conduct a PUBLIC HEARING on the proposed Food Stamp Employment and Training Rules to receive comments on the proposed rules published in the Texas Register. The hearing will be at: 2:30 P.M. August 11, 1998 at 101 East 15th Street 6th Floor, Room 644 Austin, Texas 78778 Persons wishing to present comments at the public hearing may do so by advising the Commission of their intent prior to the hearing date with correspondence addressed to Ms. Jean Mitchell, 101 E. 15th Street, Room 504BT, Austin, Texas 78778, or by completing a registration form which will be available at the entrance to Room 644 on the day of the public hearing. Speakers are encouraged to provide written copies of their comments. While any person with relevant comments will be provided an opportunity to present them during the hearing, the Commission reserves the right to restrict statements in terms of time or repetitive content. Persons needing special accommodations or having any questions should contact Ms. Mitchell at the above address, or by phone at (512) 463-2654. A complete copy of the proposed rules may be obtained on the Internet at the following website: http://www.sos.state.tx.us/texreg/July311998 TRD-9811432 J. Randel (Jerry) Hill General Counsel Texas Workforce Commission Filed: July 20, 1998