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 June 25, 1997, through June 27, 1997:
FEDERAL AGENCY ACTIONS:
Applicant: Mike Marlatt; Location: Colorado River, at lot 22, in Hubert-Watson
Subdivision; Project Number: 97-0178-F1; Description of Proposed Action:
The applicant proposes to increase the width of walkways to allow safer access
for handicapped relatives; Type of Application: U.S.C.O.E. permit application
#20914(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A.
403), and §404 of the Clean Water Act (33 U.S.C.A.§§125- 1387).
Applicant: David Till; Location: Colorado River, at lot 20, in St. Mary's
Bayou; Project Number: 97-0179-F1; Description of Proposed Action: The applicant
proposes to provide boat & fishing access adjacent property owners: Elsie
Moore and Doug & Wands Anderson; Type of Application: U.S.C.O.E. permit
application under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A.
403).
Applicant: Calhoun County Navigation District; Location: Lavaca Bay at
the Port of Port Lavaca; Project Number: 97-180-F1; Description of Proposed
Action: The applicant proposes to maintain permitted depth in the Port of
Port Lavaca-Point Comfort for the completion of new facilities authorized
by COE Permits 14541 to 14541 (07); Type of Application: U.S.C.O.E. permit
application #20914(01) under §10 of the Rivers and Harbors Act of 1899
(33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A.§§125-1387).
Applicant: Vastar Resources, Inc.; Location: High Island Block 163, Lease
OCS-G14869, OCS Federal Offshore Waters, Gulf of Mexico; Project Number:
97-0181-F1; Type of Application: Initial Plan of Exploration, Title 30 CFR
250.33 (f) and (h).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A.§§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action should be referred to the
Coastal Coordination Council for review and whether the action is or is not
consistent with the Texas Coastal Management Program goals and policies.
All comments must be received within 30 days of publication of this notice
and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress
Avenue, Room 617, Austin, Texas 78701-1495.
Issued in Austin, Texas, on June 27, 1997.
TRD-9708432
Garry Mauro
Chairman
Coastal Coordination Council
Filed: June 27, 1997
Summary of Other State Bidder Preference Laws
(Editor's Note: The following notice was published
in the March 14, 1997, issue of the
Texas Register
(22 TexReg 2808). Due to formatting error, the section symbols for
the citations were printed as"F5".)
The General Services Commission publishes this list of other state bidder
preference laws in accordance with Texas Codes Annotated, Government Code,
Title 10, §2252.003, which requires the publication of a list of states
which have laws or regulations regarding the award of contracts for general
construction, improvements, services, or public works projects or purchases
of supplies, materials, or equipment to nonresident bidders, together with
a citation to and summary of the most recent law or regulation of each state
relating to the evaluation of bids from and award of contracts to nonresident
bidders.
ALABAMA: Code of Alabama, §39-3-5 (1992) Reciprocal preference for
public contracts in which any state, county or municipal funds are utilized;
§41-16-27 (1991) - Preference to commodities produced in Alabama or
sold by Alabama persons, firms, or corporations in the purchase of or contract
for personal property or contractual services; §41-16-57 (Supp. 1995)
- Preference to commodities produced in Alabama or sold by Alabama persons,
firms, or corporations in the awarding of contracts generally;
ALASKA: Alaska Statutes, Title 36, §36.30.170 (Supp. 1996) Preference
of 5.0% for Alaska products. Preference of 15% to resident bidder offering
services through an employment program. Preference of 5% for insurance related
contracts. Preference of 10% to resident sole proprietors with a disability.
ARIZONA: Arizona Revised Statutes Annotated, Title 34, §34-243 (1990)
- Preference of 5.0% for construction materials.
ARKANSAS: Arkansas Code Annotated, §19-11-259 (1994) Preference of
5.0% for materials and equipment used in public works projects.
CALIFORNIA: California Government Code Annotated, §4331 (1995)-- Preference
for supplies manufactured or produced in California. §4334 (1995) --
Preference of 5% to resident bidders in contracts for public works, with
the construction of public bridges, buildings and other structures, or with
the purchase of supplies for any public use.
COLORADO: Colorado Revised Statutes Annotated, §8-18-101 (Supp. 1996)
- Reciprocal preference in contracts for commodities and services; §8-19-101
(1994) - Reciprocal preference in construction contracts; §43-2-208
(Supp. 1996) - Preference for Colorado labor in highway construction projects.
FLORIDA: Florida Statutes Annotated, Title XIX, §287.084 (Supp.1997)
- Preference to Florida businesses for purchases of personal property.
GEORGIA: Georgia Code Annotated, §50-5-60 (1994)- Preference in the
purchase and contracting of supplies, materials, equipment manufactured and
printing produced in Georgia. Reciprocal preference for resident vendors.
HAWAII: Hawaii Statutes Annotated, §103D-1001 (1995) -Preference of
3% for Class I Hawaii products that have 25% to 49% of their manufactured
cost in Hawaii; preference of 5% for Class II Hawaii products that have 50%
to 74% of their manufactured cost in Hawaii; and a preference of 10% for
Class III Hawaii products that have 75% or more of their manufactured cost
in Hawaii.
IDAHO: Idaho Code Annotated, §60-101 (1996) -Preference for resident
bidder in state printing contracts. §60-103 (1994) - Preference of 10%
for residents who perform printing, engraving, binding, and stationery work
in cases of excessive charge or lack of production facilities.
ILLINOIS: Illinois Compiled Statutes Annotated, 30 ILCS §505/6 (Supp.
1996) - Reciprocal preference for public contracts; 10% preference for using
products made from recycled materials in public contracts.
INDIANA: Indiana Code Ann., Title 4, §4-13.4-2-9 (Supp. 1996)-- Reciprocal
preference. Title 5, §5-17-6-20 (Supp. 1996) - Preference of 10% for
supplies in which 50% of volume of the original component of supplies consists
of recycled materials, or the cost of purchasing recycled materials equals
at least 50% of cost of producing supplies; Title 5, §5-17-6-20.1 (Supp.
1996) - Preference of 15% for supplies that contain at least 50% by volume
of recycled materials that have been used by an ultimate consumer of the
materials; Title 5, §5-17-6-22 - Preference of 10% for soybean oil based
ink; Title 5, §5-17-6-23 - Preference of 10% for soy diesel/bio diesel.
IOWA: Iowa Code Annotated, §18.6 (1989) Resident preference in tie
bids, and reciprocal preference with states that mandate a percentage preference
for the purchase of equipment, supplies, or services; §73A.21 (Supp.
1996) - Reciprocal preference for public improvement contracts.
KANSAS: Kansas Statutes Annotated, §75-3740 (Supp. 1995) Resident
preference in tie bids; preference for paper products containing highest
percentage of recycled materials in tie bids. §75-3740(a) (1989) --
Reciprocal preference in construction and public work contracts. §75-3740(b)
(Supp. 1995) Preference for recycled paper that contains not less than 50%
waste paper by weight.
LOUISIANA: Louisiana Revised Statutes Annotated, §38:2225 (1989) -
Reciprocal preference in public works contracts. §38:2251 (Supp. 1997)
-- 5% Preference for products produced or manufactured in Louisiana. §38:2251.1
(1989) -- 10% Preference for milk and dairy products produced or processed
in Louisiana. §38:2251.2 (1989) -- 10% Preference for steel rolled in
Louisiana. §38:2253 (1989) -- Preference to firms doing business in
the State of Louisiana. §39:1595 (Supp. 1997) - Preference of 7.0% for
products produced, grown or harvested in Louisiana; preference of 4.0% for
meat and meat products and domesticated catfish processed in Louisiana; §39:1595.1
(1989) - Reciprocal preference for all contracts except highway construction;
§39:1595.2 (1989) - Reciprocal preference in public works contracts;
§39:1595.3 (1989) - 5.0% Preference for resident vendors to organize
or administer rodeos and livestock shows; §39:1595.5 (Supp. 1997) -
Reciprocal preference for items purchased from Louisiana retailers; §39:1595.6
(1989) - 10% Preference for steel rolled in Louisiana.
MAINE: Maine Revised Statutes Annotated Title 26, §1301 (1996)- Preference
in tie bids for construction or public works contracts.
MARYLAND: Annotated Code of Maryland, State Finance and Procurement Article,
§14-401 (1995) - Reciprocal preference for procurement contracts.
MASSACHUSETTS: Massachusetts General Laws Annotated, Chapter 149, §179A
(1996) -- Preference to U.S. citizens in awarding of public work contracts.
MICHIGAN: Michigan Compiled Laws Annotated, §18.1261 (1994) Preference
in tie bids.
MINNESOTA: Minnesota Statutes Annotated, §16B.102 (1995) - Reciprocal
preference for construction or repairs contracts and purchases of supplies,
materials, and equipment rental.
MISSISSIPPI: Mississippi Code 1972 Annotated, §19-13-111 (1995)- Resident
preference in tie bids for printing, stationery and office supplies; §31-3-21
(Supp. 1996) - Reciprocal preference for public works contracts, and resident
preference in tie bids; §31-7-15 (Supp. 1996) - Resident preference
in tie bids for commodities; §31-7-47 (1996) - Reciprocal preference
for public contracts, and resident preference in tie bids; §31-7-77
(1990) - Reciprocal preference in purchases of meat products; §73-13-45
(1995) - Reciprocal preference and resident preference in tie bids for professional
engineering services.
MISSOURI: Missouri Annotated Statutes, §34.070 (1992) Resident preference
in tie bids; §34.076 (Supp. 1997) - Reciprocal preference for products
and for public works contracts, except for contracts for highways and public
transportation.
MONTANA: Montana Code Annotated, §18-1-102 (1995)- Reciprocal preference
in award of public contracts for construction, repair, or public works; preference
of 3.0% for purchases of goods; and preference of 5.0% for residents offering
Montana made goods; §18-1-111 (1995) - Preference in tie bids for goods.
NEBRASKA: Nebraska Revised Statutes, §73-101.01 (1990) Reciprocal
preference.
NEW JERSEY: New Jersey Statutes Annotated, §52:32-1.4 (1986) Reciprocal
preference for contracts for goods and services.
NEW MEXICO: New Mexico Statutes Annotated, §13-1-21 (Supp. 1996) -
Preference of 5.0% to resident manufacturers and resident businesses; preference
of 5% to resident manufacturers and resident businesses for the purchase
of recycled content goods or virgin content goods; preference of 10% to resident
manufacturers and resident business for the purchase of both recycled content
goods and virgin content goods. §13-4-1 (1992) - Preference for residents
in public works contracts "whenever practicable"; §13-4-2 (1992) - Preference
of 5.0% to resident contractors for public works contracts.
NORTH CAROLINA: North Carolina General Statutes Article 3, §143-59
(Supp. 1996) - Preference in tie bids for foods, supplies, materials, equipment,
printing or services.
NORTH DAKOTA: North Dakota Century Code, §44-08-01 (1995) Reciprocal
preference for goods, merchandise, supplies, equipment, and construction
and repair contracts.
OHIO: Ohio Revised Code Annotated Title 1, §153.012 (1994) Reciprocal
preference in highway and public works contracts.
OKLAHOMA: Oklahoma Statutes 1991 Title 74, §85.17 (1995) Reciprocal
preference.
OREGON: Oregon Revised Statutes, §279.029 (1995)- Reciprocal preference.
PENNSYLVANIA: Pennsylvania Statutes Annotated, Title 73, §1645.7 (1993)
- Reciprocal preference for goods, supplies, equipment, printing, or materials.
SOUTH CAROLINA: Code Of Laws Of South Carolina Annotated, Article 5, §11-35-1520
(Supp. 1995) - Preference in tie bids; preference of 2.0% on purchases up
to $2.5 million, and 1.0% on purchases over $2.5 million. Preferences do
not apply to construction contracts or to purchases of goods if the price
of a single unit of the item is more than $10,000.
SOUTH DAKOTA: South Dakota Codified Laws Annotated, §5-19-3 (1994)
- Reciprocal preference in contracts for public works, goods, merchandise,
supplies, and equipment; §5-23-13 (1994) - Preference to resident bidders
and products in tie bids; §5-23-21.2 (1994) - Reciprocal preference.
TENNESSEE: Tennessee Code Annotated, §12-4-802 (1992) Reciprocal preference
in construction contracts for states contiguous to Tennessee.
TEXAS: Texas Government Code Annotated, Title 10, Subtitle D, §2155.444
(1996) -- Preference in tie bids for goods and agricultural products produced
or grown in Texas, or offered by Texas bidders, that are of equal cost and
quality to other states of the United States. Preference in tie bids for
goods and agricultural products from other states of the United States over
foreign goods and agricultural products that are of equal cost and quality.
Texas Government Code, §2252.002 - Reciprocal preference.
UTAH: Utah Code Annotated, §63-56-20.5 (1993) Reciprocal preference
for goods, supplies, equipment, materials , and printing; §63-56-20.6
(1993) - Reciprocal preference for construction contracts.
VERMONT: Vermont Statutes Annotated, §§1401 and 1402 (Supp. 1995)
- Preference to resident companies and licensed resident agents in the purchase
of insurance coverage for the State of Vermont and its employees
VIRGINIA: Code of Virginia 1950 Annotated, §11-47 (1993) Preference
in tie bids; reciprocal preference for goods, services, and construction.
WASHINGTON: Revised Code of Washington, §43.19.704 (Supp. 1996) -
Reciprocal Preference Washington Administrative Code, §236-48-085 (1989)
Reciprocal Preference
WEST VIRGINIA: West Virginia Code Annotated, §5A-3-37 (Supp. 1996)
- Preference of 2.5% to resident bidders for construction contracts over
$50,000; preference of 2.5% to resident bidders who employ at least 75% West
Virginia residents; and preference of 2.5% to nonresident vendors who employ
at least 100 residents and have at least 75% resident employees; §5A-3-37a
(1993) - Reciprocal preference for commodities or printing.
WISCONSIN: Wisconsin Statutes, §16.75 (Supp. 1995) - Preference to
resident bidders in the purchase of materials, supplies, equipment, and contractual
services against states that impose a resident preference; §16.855 (Supp.
1995) - Preference to resident bidders in construction projects against states
that impose a resident preference; §44.57 (Supp. 1995) - Preference
to resident artists for works of art in state buildings.
WYOMING: Wyoming Statutes Annotated, §16-6-102 (Supp. 1995) Preference
of 5.0% in public works contracts; §16-6-301 (Supp. 1995) - Preference
of 10% in printing contracts.
Issued in Austin, Texas, on March 5, 1997.
TRD-9703087
Judy Ponder
General Counsel
General Services Commission
Filed: March 5, 1997
Notice of Revocation of Certificates of Registration
The Texas Department of Health, having duly filed complaints pursuant to
Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative
Code §289.112), has revoked the following certificates of registration:
William Mitchell, M.D., Longview, R04824, June 24, 1997; Jerry Clem, D.D.S.,
Inc., Richardson, R06376, June 24, 1997; James M. Petty, Corpus Christi,
R18773, June 24, 1997; Las Palmas Chiropractic, Corpus Christi, R19748, June
24, 1997; Downtown Advanced Medical Clinic, Houston, R20447, June 24, 1997;
Biomedical Equipment Repair, Houston, R21709, June 24, 1997; W/C Chiropractic
Clinic, Houston, R21879; June 24, 1997.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
Issued in Austin, Texas, on June 30, 1997.
TRD-9708461
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 30, 1997
Purpose:
The Texas Department of Health (TDH),
Epilepsy Program is requesting proposals for the provision of epilepsy services
to eligible individuals, with special emphasis on adults 21 and older, in
selected areas of the state.
Description:
Epilepsy services will be reimbursed
through contractual arrangements with TDH, Bureau of Chronic Disease Prevention
and Control. Funds will be awarded for a two-year period from September 1,
1997 through August 31, 1999. Contracts will be in accordance with Texas
law, TDH policies, Epilepsy Program Guidelines and the Uniform Grant and
Contract Management Standards (UGCMS) manual which is available from TDH,
Grants Management Division, 1100 West 49th Street, Austin, Texas 78756-3199.
Eligible Applicants:
Eligible offerors include
nonprofit and/or governmental agencies that can provide the range of medical,
non-medical and support activities deemed necessary to TDH to effectively
serve eligible persons in the selected catchment areas.
Limitations:
Funding for the selected proposal
will depend upon available state appropriations. The Texas Department of
Health reserves the right to reject any and all offerors received in response
to the request for proposal (RFP) and cancel the RFP if it is deemed in the
best interest of TDH.
Terms:
The tentative effective date for the
contract is September 1, 1997. A competitively procured contract usually
begins at the start of each state fiscal year (September 1). At its option,
TDH may negotiate the renewal or extension of any contract(s) on a noncompetitive
basis for a total contract duration not to exceed 24 months.
Deadline:
All proposals to be considered
for funding through this RFP must be received by 5:00 p.m. on July 31, 1997,
at the Texas Department of Health, Epilepsy Program, Attention: Ms. Elizabeth
T. Flores, 1100 West 49th Street, Austin, Texas 78756. Proposals received
after this deadline or via fax transmission will not be accepted.
Evaluation and Selection:
An internal evaluation
by TDH staff will rank and score the proposals. The evaluation will be based
upon the criteria outlined in the RFP.
Issued in Austin, Texas, on June 30, 1997.
TRD-9708460
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: June 30, 1997
Notice of Consultant Contract Award-Year 2000 Phase II Conversion and Implementation
In accordance with the Texas Government Code, Chapter 2254, the Texas Department
of Human Services (TDHS) publishes this notice of award of a consultant contract.
The original request for consulting services was published in the April 15,
1997, issue of the
Texas Register
(22 TexReg
3555).
The contract was awarded to Eligibility Management Systems (EMS), located
at 111 Monument Circle, Suite 522, Indianapolis, Indiana, 46204. The contractor
agreed to provide oversight, quality assurance and Project Management for
TDHS's Year 2000 Phase II Conversion and Implementation vendor. The dollar
amount of the contract is not to exceed $1,358,000. The contract's duration
is June 6, 1997 through August 31, 1999, and may be extended through May
18, 2000, with no additional funds. The contractor is not required to submit
reports under the terms of the contract.
Issued in Austin, Texas, on June 27, 1997.
TRD-9708408
Glen Scott
General Counsel
Texas Department of Human Services
Filed: June 27, 1997
The Texas Department of Human Services (DHS) has published a report outlining
the proposed intended use of federal block grant funds during fiscal year
1998 for Title XX social services programs administered by the Texas Department
of Human Services, the Texas Department of Health, the Texas Department of
Protective and Regulatory Services, and the Texas Workforce Commission. To
obtain free copies of the report, send written requests to Elisa Hendricks,
Government Relations Division, Mail Code W-623, Texas Department of Human
Services, P.O. Box 149030, Austin, Texas 78714-9030. DHS is seeking written
comments from representatives of both public and private sectors regarding
the proposed use of Title XX block grant funds. Written comments will be
accepted through August 4, 1997. Please mail comments to the address listed
previously.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708357
Glen Scott
Agency Liaison
Texas Department of Human Services
Filed: June 26, 1997
Insurer Services
The following applications have been filed with the Texas Department of
Insurance and are under consideration:
Application for incorporation in Texas for Texas Facility Insurance Corporation,
a domestic fire and casualty company. The home office is in Austin, Texas.
Application for a name change in Texas for Financial Assurance Incorporated,
a domestic life, accident and health company. The proposed new name is Financial
Assurance Life Insurance Company. The home office is in Dallas, Texas.
Any objections must be filed within 20 days after this notice was filed
with the Texas Department of Insurance, addressed to the attention of Cindy
Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
Issued in Austin, Texas, on June 27, 1997.
TRD-9708391
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 27, 1997
The following third party administrator (TPA) application has been filed
with the Texas Department of Insurance and is under consideration.
Application for admission to Texas of Westport Management Services, Inc.,
a foreign third party administrator. The home office is Hockessin, Delaware.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
Issued in Austin, Texas, on June 27, 1997.
TRD-9708390
Bernice Ross
Deputy Chief Clerk
Texas Department of Insurance
Filed: June 27, 1997
Request for Proposals
Pursuant to HB 2031, 74th Texas Legislature regular session, and Rider
#4 of the TJPC Appropriations by the 75th Texas Legislature regular session,
the Texas Juvenile Probation Commission invites proposals for implementation
of the TJPC Buffalo Soldier's Heritage Program in the five legislative designated
counties of Bexar, Dallas, Tarrant, Tom Green, and Washington. The selected
providers will report directly to the Texas Juvenile Probation Commission
and the Buffalo Soldier's Heritage Program State Advisory Board.
Detailed specifications are contained in the Request for Proposal available
June 23, 1997 from the Texas Juvenile Probation Commission at 4900 N. Lamar,
5th Floor, Austin, Texas 78751 and P.O. Box 13547, Austin, Texas 78711-3547.
For additional information, contact Maribeth Powers, TJPC Director of Program
Services, at (512) 424-6674 or Demetrius Lewis, TJPC Resource Specialist,
at (512) 424-6686.
Proposals will be accepted only in writing and only at the offices of TJPC.
Faxes will not be accepted. Proposals must be submitted with an original
and two copies no later than 5:00 p.m., August 4, 1997. The Texas Juvenile
Probation Commission reserves the right to reject any and all proposals.
The Texas Juvenile Probation Commission will consider proposals that provide
the required services, knowledge of the Buffalo Soldiers history, experience
in providing direct services to at-risk youth, experience in providing outdoor
programming, and experience as a local community based and community supported
entity.
The TJPC has the sole discretion and reserves the right to cancel the request
for proposal if it is considered to be in the best interest of the agency
to do so.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708298
Vicki Wright
Executive Director
Texas Juvenile Probation Commission
Filed: June 26, 1997
Request for Proposal — Public Notice
Sealed proposals will be received by the Lower Colorado River Authority,
Corporate Purchasing Services, 3701 Lake Austin Boulevard, Hancock Building,
Room H407H, Austin, Texas 78703 until 3:00 p.m. on July 28, 1997 for:
Legacy Systems Project
An Intent to Respond Form will be required by July 8, 1997. A mandatory
pre-bid meeting will be held on July 10, 1997. Information pertaining to
this request may be accessed through the internet at www.lcra.org. Request
for Proposals with specifications and information may also be obtained at
the previous listed address or by calling 512-473-3210. LCRA reserves the
right to accept or reject any or all proposals.
Issued in Austin, Texas, on June 30, 1997.
TRD-9708456
Glen E.Taylor
General Counsel
Lower Colorado River Authority
Filed: June 30, 1997
Notice of Cancellation of Public Hearing on Medicaid Rates
Notice is hereby given that the public hearing to receive comments on the
department's proposed reimbursements for the Medicaid program Home and Community-based
Services-OBRA (HCS-OBRA) scheduled for July 9, 1997, has been canceled. A
public hearing to receive comments on the proposed reimbursement for the
HCS-OBRA program will be rescheduled.
The Texas Department of Mental Health and Mental Retardation (TDMHMR) will
conduct, as previously scheduled, a public hearing to receive comments on
the department's proposed reimbursements for the period September 1, 1997,
through August 31, 1998, for the Medicaid program Home and Community-based
Services. The public hearing is held in compliance with Title 25, Texas Administrative
Code, Chapter 409, Subchapter A, §409.002(j), which requires a public
hearing on proposed reimbursement rates for medical assistance programs.
The hearing will be held at 8:30 a.m., Wednesday, July 9, 1997, in the
auditorium of the main TDMHMR Central Office building (building 2) at 909
West 45th Street in Austin, Texas.
Persons who wish to offer testimony but who are unable to attend the hearing
may submit written comments which must be received by noon the day of the
hearing. The written comments should be sent to the Data Analysis Section,
Medicaid Administration, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725.
Interested parties may obtain a copy of the reimbursement briefing package
by calling the Data Analysis Section at 512/206-5680. If interpreters for
the hearing impaired are required, please contact the Data Analysis Section
at the number given above at least 72 hours in advance of the hearing.
Issued in Austin, Texas, on June 30, 1997.
TRD-9708467
Ann K. Utley
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: June 30, 1997
Applications for Waste Disposal Permits
Notices of Applications for waste disposal permits issued during the period
of June 23 thru June 27, 1997.
The Executive Director will issue these permits unless one or more persons
file written protests and/or a request for a hearing within 30 days after
newspaper publication of the notice.
To request a hearing, you must submit the following: (1) your name (or
for a group or association, an official representative), mailing address,
daytime phone number, and fax number, if any; (2) the name of the applicant
and the permit number; (3) the statement "I/we request a public hearing;"
(4) a brief description of how you would be adversely affected by the granting
of the application in a way not common to the general public; (5) the location
of your property relative to the applicant's operations; and (6) your proposed
adjustments to the application/permit which would satisfy your concerns and
cause you to withdraw your request for hearing.
Information concerning any aspect of these applications may be obtained
by contacting the Texas Natural Resource Conservation Commission, Chief Clerks
Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of
the public who wish to inquire about the information contained in this notice,
or to inquire about other agency permit applications or permitting processes,
should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.
Listed are the name of the applicant and the city in which the facility
is located, type of facility, location of the facility, type of application-new
permit, amendment, or renewal and permit number.
CITY OF TRINITY, P.O. Drawer 431, Trinity, Texas 75862; wastewater treatment
plant; located approximately 1,500 feet east-southeast of the intersection
of Pegoda Road (Farm-to-Market Road 356) and Ramey Street in southeast Trinity
in Trinity County, Texas; renewal; 10617-001.
TIMOTHY BRENT CLAIBORNE, 712 North Broadway #99, Joshua, Texas 76058; wastewater
treatment facilities; located on the west side of U.S. Highway 287 approximately
4,500 feet southeast of its junction with State Highway 114 in Wise County,
Texas; renewal; 13142-001.
TAPATIO SPRINGS SERVICE COMPANY, P.O. Box 550, Boerne, Texas 78006; wastewater
treatment facilities and disposal site; located approximately 1200 feet south
of the intersection of Interstate Highway 10 and Farm-to-Market Road 475
in Kendall County, Texas; renewal; 12404-001.
CITY OF BLOOMING GROVE, P.O. Box 237, Blooming Grove, Texas; 76626-0237;
wastewater treatment facilities; located on the west bank of Rush Creek,
at a point approximately 4,200 feet southeast of the intersection of State
Highway 22 and Farm-to-Market Road 55 in Navarro County, Texas; renewal;
11606-001.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 18, c/o Vinson & Elkins,
1001 Fannin Street, 2300 First City Tower, Houston, Texas 77002-6760; wastewater
treatment plant; located adjacent to Lake Conroe and Rusty Creek; approximately
1.0 mile southwest of the intersection of Farm-to-Market Road 1097 and Bentwater
Drive in Montgomery County, Texas; renewal; 13273-001.
CITY OF BEASLEY, P.O. Box 122, Beasley, Texas 77417; wastewater treatment
plant; located approximately 3,000 feet east of the intersection of U.S.
Highway 59 (Southwest Freeway) and Farm-to-Market Road 1875, approximately
3,000 feet west-southwest of the intersection of U.S. Highway 59 and Eslieb
Road, on the frontage of Emerson Road south of the City of Beasley in Fort
Bend County, Texas; renewal; 11450-001.
TECSAFE, LLC., 2711 Shaver, Pasadena, Texas, 77502; commercial industrial
hazardous and non-hazardous waste treatment research, development, and demonstration
facility for the storage and processing of hazardous waste and Class 1, Class
2, and Class 3 non-hazardous industrial solid wastes; located on State Highway
176, on approximately 100 acres, 30 miles west of Andrews, in Andrews County,
Texas; new; HW-50366; a 45-day comment period for this application.
Issued in Austin, Texas, on June 27, 1997.
TRD-9708419
Eugenia K. Brumm, Ph.D.
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: June 27, 1997
Notice of Availability and Request for Comments on a Proposed Settlement of Natural Resource Damages Claim
AGENCIES: Texas Parks and Wildlife Department, Texas General Land Office
and the Texas Natural Resource Conservation Commission (hereafter, Natural
Resource Trustees).
ACTION: Notice of availability of a proposed settlement and of a 30 day
period for public comment on the settlement.
SUMMARY: Notice is hereby given of the following proposed resolution of
a claim in United States Bankruptcy Court, Eastern District of Texas, Paris
Division (In Re: Voluntary Purchasing Groups, Inc., Debtor, Case Number 96-31549-11)
for natural resource damages under the Comprehensive Environmental Response,
Compensation, and Liability Act and applicable state law.
The Natural Resource Trustees, acting through the Attorney General's Office,
have reached an agreement with Voluntary Purchasing Groups, Inc. (VPG) to
resolve VPG's and several other entities' liability for injuries to natural
resources and the services they provide caused by the release of hazardous
substances from a former VPG facility.
VPG operated a pesticide formulation and packaging operation in Commerce,
Texas, from the early 1940's until approximately 1970. Releases from VPG's
facility caused the contamination of Sayle Creek, a stream located adjacent
to and downstream of the plant location, with arsenic and a variety of pesticides
(including toxaphene, dieldrin and DDT). Injuries to natural resources and
services subject to Natural Resource Trustees' authority, including the contamination
of creek waters and sediment and injuries to biota, occurred as a result
of the releases.
The proposed settlement, requires VPG to construct a restoration project
in the general vicinity of the site composed of not less than 11.2 acres
of freshwater wetlands and 4.5 acres of riparian habitat. The exact location
has not yet been determined but the restoration project will be located adjacent
to an existing waterway and connected to the waterway in such a manner that
the waterway periodically supplies water to the constructed wetlands and
at such time provides for the opportunity for ingress and egress of aquatic
organisms. The wetlands component of the project shall be comprised of a
complex of interconnected open water and vegetated marsh areas. The wetlands
shall be composed of multiple (greater than three) permanently flooded open
water ponds adding up to a total of 2-3 acres, with the remainder of the
area being made up of depressional wetlands and shelves that are connected
via multiple channels to the open water ponds. Wetland areas shall be planted
with multiple species of high, emergent and floating wetland vegetation indigenous
to or compatible with the local area. The required riparian areas shall be
interspersed around and throughout the wetlands in a logical pattern that
maximizes the opportunity for wildlife access and cover. Riparian vegetation
shall be composed of a variety of ground cover, mid-story and over-story
species indigenous to or compatible with the local area that provide beneficial
services for wildlife and shall include hardwood tree species. VPG shall
pay all costs associated with site acquisition and the design, planning,
permitting, construction, maintenance, and monitoring of the Restoration
Project, up to $800,000. The Natural Resource Trustees will oversee project
design, construction and post-construction monitoring of project performance.
The opportunity for public review and comment on the proposed settlement
announced in this notice is required under the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) and parallel provisions
of 43 CFR 11.32 (c) of the Natural Resource Damage Assessment regulations.
Interested members of the public are invited to request a copy of the proposed
settlement from Don Pitts, Resource Protection Division, Texas Parks and
Wildlife Department, 4200 Smith School Road, Austin , Texas 78744, (512)
389-4726.
DATES: Comments must be submitted in writing on or before August 1, 1997
to Don Pitts, Resource Protection Division, Texas Parks and Wildlife Department,
4200 Smith School Road, Austin , Texas 78744, (512) 389-4726, fax (512) 389-4799.
Written comments received will be considered by the Natural Resource Trustees
and the Attorney General in finalizing the proposed agreement.
Issued in Austin, Texas, on June 27, 1997.
TRD-9708406
Bill Harvey
Regulatory Coordinator
Texas Parks and Wildlife Department
Filed: June 27, 1997
Request for Proposals for Bond Counsel
The Texas Public Finance Authority (the Authority) is requesting proposals
for bond counsel services. The deadline for proposal submission is noon,
July 28, 1997.
The Authority's Board of Directors (the Board) will make its selection
based upon demonstrated competence, experience, knowledge and qualifications,
as well as the reasonableness of the proposed fee for the service to be rendered.
Firms responding to the Request for Proposal must maintain a Texas office
staffed with personnel who are responsible for providing bond counsel service
to the Authority. All things being equal, the Board will give first consideration
to firms whose principal place of business is located in Texas. By the Request
for Proposal, however, the Board has not committed itself to employ bond
counsel nor does the suggested scope of service or term of agreement therein
require that the bond counsel be employed for any or all of those purposes.
The Board reserves the right to make those decisions after receipt of proposals
and the Board's decision on these matters is final. The Board reserves the
right to negotiate individual elements of the Firm's proposal and to reject
any and all proposals
Copies of the Request for Proposal may be obtained by calling or writing
Marce Watkins or Jeanine Barron, Texas Public Finance Authority, P.O. Box
12906, Austin, Texas 78711, (512) 463-5544.
Issued in Austin, Texas, on June 25, 1997.
TRD-9708290
Kimberly K. Edwards
Executive Director
Texas Public Finance Authority
Filed: June 25, 1997
The Texas Public Finance Authority (the Authority) is requesting proposals
for financial advisory services. The deadline for proposal submission is
noon, July 23, 1997.
The Board will make its selection based upon demonstrated competence, experience,
knowledge and qualifications, as well as the reasonableness of the proposed
fee for the service to be rendered. Firms responding to the Request for Proposal
must maintain a Texas office staffed with personnel who are responsible for
providing financial advisory services to the Authority. All things being
equal, the Board will give first consideration to firms whose principal place
of business is located in Texas. By the Request for Proposal, however, the
Board has not committed itself to employ a financial advisor nor does the
suggested scope of service or term of agreement therein require that the
financial advisor be employed for any or all of those purposes. The Board
reserves the right to make those decisions after receipt of proposals and
the Board's decision on these matters is final. The Authority reserves the
right to negotiate individuals elements of the firm's proposal and to reject
any and all proposals
Copies of the Request for Proposal may be obtained by calling or writing
Marce Watkins or Jeanine Barron, Texas Public Finance Authority, P.O. Box
12906, Austin, Texas 78711, (512) 463-5544.
Issued in Austin, Texas, on June 25, 1997.
TRD-9708289
Kimberly K. Edwards
Executive Director
Texas Public Finance Authority
Filed: June 25, 1997
Notice Of Application For Service Provider Certificate Of Operating Authority
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on June 20, 1997, for a service provider certificate
of operating authority (SPCOA), pursuant to §3.2532 of the Public Utility
Regulatory Act of 1995. A summary of the application follows.
Docket Title and Number: Application of North Texas Telecommunications
for a Service Provider Certificate of Operating Authority, Docket Number
17604 before the Public Utility Commission of Texas.
Applicant intends to provide resale of all local exchange services currently
offered by the local exchange carriers, i.e., local service, touch call,
call-waiting, speed call. This would include any service the local exchange
carrier will provide for resale.
Applicant's requested SPCOA geographic area includes the exchanges served
by GTE Southwest, Inc. of Argyle, Bartonville, Carrollton, Coppell, Denton,
Lewisville and Justin, 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 Consumer Affairs at (512) 936-7120 no
later than July 9, 1997. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708341
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 26, 1997
Notice is given to the public of the intent to file with the Public Utility
Commission of Texas an application pursuant to Public Utility Commission
Substantive Rule 23.27 for a 50 station addition to the existing PLEXAR-Custom
service for Schertz-Cibolo ISD in Schertz, Texas.
Tariff Title and Number: Application of Southwestern Bell Telephone Company
for a 50 Station Addition to the Existing PLEXAR-Custom Service for Schertz-Cibolo
ISD in Schertz, Texas, Pursuant to Public Utility Commission Substantive
Rule 23.27. Tariff Control Number 17608.
The Application: Southwestern Bell Telephone Company is requesting approval
for a 50 station addition to the existing PLEXAR-Custom service for Schertz-Cibolo
ISD in Schertz, Texas. The geographic service market for this specific service
is the San Antonio local access and transport area.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Consumer Affairs at (512)936-7120. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708342
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 26, 1997
Notice is given to the public of the intent to file with the Public Utility
Commission of Texas an application pursuant to Public Utility Commission
Substantive Rule 23.27 for a 16 station addition to the existing PLEXAR-Custom
service for the City of Fort Worth in Fort Worth, Texas.
Tariff Title and Number: Application of Southwestern Bell Telephone Company
for a 16 Station Addition to the Existing PLEXAR-Custom Service for the City
of Fort Worth in Fort Worth, Texas, Pursuant to Public Utility Commission
Substantive Rule 23.27. Tariff Control Number 17606.
The Application: Southwestern Bell Telephone Company is requesting approval
for a 16 station addition to the existing PLEXAR-Custom service for the City
of Fort Worth in Fort Worth, Texas. The geographic service market for this
specific service is the Dallas local access and transport area.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Consumer Affairs at (512) 936-7120. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708343
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 26, 1997
Notice is given to the public of the intent to file with the Public Utility
Commission of Texas an application pursuant to Public Utility Commission
Substantive Rule 23.27 for a new PLEXAR-Custom service for Texas Tech University
in Lubbock, Texas.
Tariff Title and Number: Application of Southwestern Bell Telephone Company
for a New PLEXAR-Custom Service for Texas Tech University in Lubbock, Texas,
Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control
Number 17603.
The Application: Southwestern Bell Telephone Company is requesting approval
for a new PLEXAR-Custom service for Texas Tech University in Lubbock, Texas.
The geographic service market for this specific service is the Lubbock local
access and transport area.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Consumer Affairs at (512) 936-7120. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708344
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 26, 1997
Notice is given to the public of the intent to file with the Public Utility
Commission of Texas an application pursuant to Public Utility Commission
Substantive Rule 23.27 for a 24 station addition to the existing PLEXAR-Custom
service for Amarillo ISD in Amarillo, Texas.
Tariff Title and Number: Application of Southwestern Bell Telephone Company
for a 24 Station Addition to the Existing PLEXAR-Custom Service for Amarillo
ISD in Amarillo, Texas, Pursuant to Public Utility Commission Substantive
Rule 23.27. Tariff Control Number 17602.
The Application: Southwestern Bell Telephone Company is requesting approval
for a 24 station addition to the existing PLEXAR-Custom service for Amarillo
ISD in Amarillo, Texas. The geographic service market for this specific service
is the Amarillo local access and transport area.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Consumer Affairs at (512) 936-7120. Hearing
and speech-impaired individuals with text telephone (TTY) may contact the
commission at (512) 936-7136.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708345
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 26, 1997
On June 13, 1997, GTE Southwest Incorporated (GTE-SW) and PrimeCo Personal
Communications, L.P. (PrimeCo) collectively referred to as Applicants, filed
a joint application for approval of an interconnection agreement adopted
pursuant to §252(i) of the Federal Telecommunications Act of 1996 (FTA96),
47 United States Code, §§151 et. seq., and the Public Utility Regulatory
Act of 1995 (PURA), Texas Revised Civil Statutes Annotated, Article 1446c-O,
(Vernon 1997). The joint application has been designated Docket Number 17582.
The joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The FTA96 authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA96 §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
FTA96 §252(e)(3), the commission may establish or enforce other requirements
of state law in its review of the agreement, including requiring compliance
with intrastate telecommunications service quality standards or requirements.
The commission must act to approve the agreement within 90 days after it
is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 18 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the Applicants. The comments
should specifically refer to Docket Number 17582. 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 July
21, 1997, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will determine whether to
conduct further proceedings concerning the joint application. The commission
shall have the authority given to a presiding officer pursuant to P.U.C.
Procedural Rule §22.202. The commission may identify issues raised by
the joint application and comments and establish a schedule for addressing
those issues, including the submission of evidence by the Applicants, if
necessary, and briefing and oral argument. The commission may conduct a public
hearing. Interested persons who file comments are not entitled to participate
as intervenors in the public hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Consumer Affairs at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 17582.
Issued in Austin, Texas, on June 27, 1997.
TRD-9708420
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: June 27, 1997
Notice of Extended Comment Period and Public Hearing
In the May 9, 1997,
Texas Register
(22
TexReg 4046), the Railroad Commission of Texas proposed the repeal of §§9.20-
9.27, and new §§9.20, 9.21, 9.22, 9.24, 9.25, and 9.26, and amendments
to §9.29 regarding notice to real property owners concerning installation
of a new LP-gas container or an addition to an existing LP-gas installation.
Also published in that issue at 22 TexReg 4112 were proposed new LPG Forms
500 and 500A. The original comment period ended June 23, 1997. Due to the
public interest and number of comments received, the Commission hereby extends
the comment period to Friday, August 15, 1997, at 5:00 p.m. Comments may
be submitted to Kellie Martinec, Rules Coordinator, Office of General Counsel,
Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. For
further information, contact Thomas D. Petru at the Railroad Commission at
512-463-6949.
In addition, the Commission will hold a public comment hearing on these
rules on Wednesday, August 13, 1997, from 9:30 a.m. to 2:30 p.m. in the William
B. Travis Building, Room 1-111, 1701 North Congress Avenue, Austin, Texas.
Any interested person may appear and offer comments, either orally or in
writing; however, questioning for those making oral comments will be reserved
exclusively for the presiding officers as may be necessary to ensure a complete
record. Depending upon the number of speakers, the commission may limit the
time for comments to afford all interested parties an opportunity to comment.
While any person with pertinent comments will be granted an opportunity to
present them during the course of the meeting, the presiding officers reserve
the right to restrict comments in terms of time and repetitive content. Organizations,
associations, and groups are encouraged to present their commonly held views
and identical or similar comments through a single representative member
where possible. Presentations must remain pertinent to the issues being discussed.
A person may not assign a portion of his or her time to another speaker.
A person who disrupts the public meeting must leave the hearing room if ordered
to do so by the presiding officers.
Comments on the proposed rules, including suggestions or requests for alternative
language or other revisions, should be submitted in writing and should include
citation to sections, subsections, paragraphs, etc., for proper reference.
Any person with a disability who needs auxiliary aids and/or services in
order to have an equal opportunity to communicate and participate effectively
in this public hearing must request such aids or services by 3:00 p.m., Monday,
July 28, 1997, by notifying the Personnel Office of the Railroad Commission
by mail at P.O. Box 12967, Austin, Texas 78711-2967, or by telephone at (512)
463-7327 or TDD Number (512) 463-7284.
Issued in Austin, Texas, on June 26, 1997.
TRD-9708334
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Filed: June 26, 1997
General Services Commission
Texas Department of Health
Notice of a Request for Proposal for Epilepsy Services
Texas Department of Human Services
Public Notice-Availability of Intended Use Report of 1988 Title XX Block Grant Funds
Texas Department of Insurance
Third Party Administrator Application
Texas Juvenile Probation Commission
Lower Colorado River Authority
Texas Department of Mental Health and Mental Retardation
Texas Natural Resource Conservation Commission
Texas Parks and Wildlife Department
Texas Public Finance Authority
Request for Proposals for Financial Advisor
Public Utility Commission Of Texas
Notices Of Intent To File Pursuant To Public Utility Commission Substantive Rule 23.27
Public Notice of Interconnection Agreement
Railroad Commission of Texas
University of Houston System