The Statewide Meeting of Physical Therapy Administrators and Advisors will be held on Friday, June 27, 1997 from 8:00 a.m. till 5:00 p.m. The meeting will be held at the Coordinating Board, 7700 Chevy Chase Drive, Building 1 Room 1.100. The agenda is as follows: Setting the agenda-Drs. Marco Montoya, Gordon Green and Rumaldo Z. Jaurez; Supply and Demand for Physical Therapists (PT) in Texas; The Need for More Physical Therapy Programs in Texas; Inconsistent Admission Standards Across PT Programs in Texas: GPA Requirements; GRE Requirements; Is a Bachelor's Degree Required for Entry into an MPT (Master's of Physical Therapy) program? Should Undergraduates with Junior Status be Admitted into an MPT program? What is the position on these issues of the Commission on Accreditation in Physical Therapy Education (CAPTE) on these issues? Recruitment of Minority Faculty and Students; Statewide Issues of Transferability of Course Work Among Institutions; The Need for a Clearinghouse for PT Student Applications; and Conclusions and Recommendations. For additional information please contact Dr. Alfred Maldonado at (512) 483-6540.

Issued in Austin, Texas, on June 12, 1997.

TRD-9707726

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Texas Historical Commission

Suggested Motion:

Through its general powers and duties granted in the Texas Government Code, §442.005(a), the Texas Historical Commission (THC) approves the designs, shown as Exhibit A of this notice, for the six national flags of Texas history. THC has reviewed these designs and determined that they represent the appropriate flags of the six nations at the time of each claim to this soil, with the exception of the current flag of the United States of America. THC urges that these standard designs be adopted for display in all appropriate locations. THC gratefully acknowledges the assistance of Charles Adkin Spain and Dr. Whitney Smith for their research of these designs.

Background:

The "Six Flags" sets purchased by the state, businesses, and individuals are generally the flags manufactured in mass quantities by the six largest U.S. flag manufactures (Annin, CF, Collegeville, Dettra, J.C. Schultz, and Valley Forge). Two of the flags in these sets, Spain and Mexico, are historically inaccurate because they do not represent a flag that flew over Texas during the time those two nations claimed sovereignty over Texas. The French flag is also oftentimes historically incorrect. It is, however, economically infeasible to display the historically correct flags because the flags would have to be custom manufactured.

The only practical way to purchase a correct "Six Flags" set is for the State, acting through the commission, to specify the proper designs of the "Six Flags" and to request the major flag manufacturers to make this historically correct set once existing supplies have been sold.

The art for the proposed designs has been provided by Dr. Whitney Smith of the Flag Research Center in Winchester, Massachusetts, who is the world's leading expert on flags. Dr. Smith was an adviser to the State Preservation Board and Office of the Secretary of State when the reverse of the state seal was redesigned in 1991-1992, and an adviser to the Texas Department of Transportation when it featured color art of the "Six Flags" in the travel publication A Quick Look at Texas . The proposed designs are basically the same designs that appear in the current version of the reverse of the state seal. Dr. Smith has agreed to allow the commission to use the art for the proposed designs as long as a copyright acknowledgment is published in the Texas Register .

Kingdom of Spain: Spain has had four significant flags during its occupation of the New World. The royal banner of Castile and Leon, bearing two lions and two castles, was used as a state flag from circa 1230 to circa 1516. This flag, although widely used in "Six Flags" displays, predates any Spanish presence in Texas: the first Spanish mission. Ysleta Mission in present El Paso, was established in 1681.

From 1516 to May 28, 1785, Spain used a state flag consisting of a modified red saltire on white to signify the House of Burgundy. A variant of the state flag existed from 1580 to 1640 that depicted the complete Spanish coat of arms on a white field. Although displaying the Burgundian saltire as a "Six Flag" would be historically correct, few people would recognize the flag.

King Charles III established the familiar Spanish flag containing horizontal stripes of red-gold-red and the simple arms of Castile and Leon as the Spanish state flag on land effective March 8, 1793, and this flag was used until April 27, 1931. This flag appears in the reverse of the Texas state seal and would be the logical choice for inclusion in the "Six Flags."

Kingdom of France: The flag of France that was allegedly carried by Rene Robert Cavelier, Sieur de la Salle in 1685, was probably a plain white flag strewn with fleurs-de-lys. This flag (circa 1643 to October 31, 1790) was a simplified version of the French state flag that bore the entire royal arms superimposed over numerous fleurs-de-lys strewn on a white field. Another French flag frequently (and incorrectly) included in the "Six Flags" contains three or more fleurs-de-lys on a blue field; this was the French state flag from circa 1370 to circa 1600. The fleurs-de-lys flag on a white field without the royal arms appears in the reverse of the Texas state seal. Technically, the heraldic description of the flag is "white, seme [strewn] of gold fleurs-de-lys," so the actual number of fleurs-de-lys is indeterminate and they would bleed off the four edges of the flag.

United Mexican States: In April 1823, Mexico adopted its first republican flag, which was used until 1863. This flag is similar to the current Mexican flag with vertical strips of green-white-red. Both flags contain an eagle holding a serpent in its mouth and standing on a nopal, or cactus, but the current Mexican flag depicts a stylized Aztec eagle rather than the natural eagle in the 1823 flag. The 1823 Mexican flag appears in the reverse of the Texas state seal.

Republic of Texas: Texas had two official national flags for use on land during its existence: the 1836 national standard and the 1839 national flag that became the state flag. Some authorities also erroneously claim that Lorenzo de Zavala designed a Republic of Texas flag (usually portrayed as a blue field with white star of five points central and with the letters "T-E-X-A-S," one letter between each star point).

The first official flag for use on land, the "National Standard of Texas," was adopted by the Congress and approved on December 10, 1836. It consisted of an azure ground with a large golden star central. This flag, known as David G. Burnet's flag, served as the national flag until January 25, 1839.

The second official flag for use on land, the Lone Star Flag, was adopted by the Texas Congress and approved on January 25, 1839: "[T]he national flag of Texas shall consist of a blue perpendicular stripe of the width of one third of the whole length of the flag, with a white star of five points in the center thereof, and two horizontal stripes of equal breadth, the upper stripe white, the lower red, of the length of two thirds of the whole length of the flag." This flag later became the state flag.

Although it would be historically correct to display David G. Burnet's flag in the "Six Flags," the Lone Star Flag appears in the reverse of the Texas state seal and would be the logical choice for inclusion in the "Six Flags."

Confederate States of America: The Confederate States of America had three principal flag designs during its existence. The first, known as the Stars and Bars, was chosen by a legislative committee of the provisional government as the national flag and was raised over the capitol in Montgomery, Alabama on March 4, 1861. The flag consisted of: "a red field with a white space extending horizontally through the center, and equal in width to one-third the width of the flag. The red space above and below to be the same as the white. The union blue extending down through the white space and stopping at the lower red space. In the center of the union a circle of white stars corresponding to the number with the States in the Confederacy." The Stars and Bars was never adopted by legislation, but served as the Confederate flag for more than two years. Texas was the seventh state to join the Confederacy.

Because of the Stars and Bars's similarity with the United States flag, it was unsatisfactory for use as a battle flag. The most famous Confederate battle flag was the battle flag of the Army of Northern Virginia, a square having a red ground with a blue saltire bordered with white and emblazoned with white five-pointed stars corresponding in number to that of the Confederate States. The design of this battle flag was used in the second national flag of the Confederacy, the Stainless Banner. This flag flew from May 1, 1863, to March 4, 1865, and consisted of a white field with the battle flag of the Army of Northern Virginia in the canton.

The Stainless Banner was revised on March 4, 1865, in part because naval officers objected that the flag looked both like a flag of truce and the British White Ensign. The revision added a vertical red stripe to the flag's fly. This third national flag was short-lived as the Confederacy surrendered in April 1865.

Another Confederate flag that is sometimes displayed in Texas today is a rectangular version of the battle flag of the Army of Northern Virginia. This flag was the Confederate naval jack as it appeared after May 26, 1863, and was similar to the battle flag of the Army of Tennessee that was issued in 1864.

It would be historically correct to display either the seven-star Stars and Bars, the Stainless Banner, or the 1865 revision of the Stainless Banner in the "Six Flags." The Texas State Seal Advisory Committee choose to use the seven-star Stars and Bars when the committee updated the design of the reverse of the Texas state seal in 1992 because the Stars and Bars is the most recognizable and least inflammatory of the three Confederate Flags. The seven-star Stars and Bars would be the logical choice for inclusion in the "Six Flags."

United States of America: The last of the "Six Flags" to fly over Texas is the flag of the United States. Texas entered the Union on December 29, 1845, as the 28th state. The 27 star United States flag was first raised in Texas on February 19, 1846, when the state government was organized in Austin. The 28 star United States flag flew only from July 4, 1846, to July 3, 1847, after which Iowa's admission necessitated the addition of another star. A 28 star United States flag appears on the reverse of the Texas state seal to avoid the necessity of changing the reverse should another state be admitted in the future, but it would make economic sense to use the current United States flag in the "Six Flags."

The "Six Flags Over Texas" are shown in the following Exhibit A.

graphic

Texas Historical Commission

TRD-9707830

Curtis Tunnell

Executive Director

Texas Department of Housing and Community Affairs

Notice of Administrative Hearing-MHD1997001189-M

Manufactured Housing Division

Thursday, June 26, 1997, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Oakwood Mobile Homes, Inc. #252 to hear alleged violations that the Respondent violated the Act, §7(k)(6) and the Rules, §§80.28(a), 80.123(a) and 80.203(b) by not properly submitting Monthly Installation Summary Reports showing the number of homes installed, Monthly Sales Summary Report showing the number of homes sold and Used Home Inventory Summary Reports showing the number of homes which have been taken into inventory during the preceding months. SOAH 332-97-1151. Department MHD1997001189-M.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

Texas Department of Housing and Community Affairs

TRD-9707814

Larry Paul Manley

Executive Director

Notice of Administrative Hearing-MHD1997001401-T

Manufactured Housing Division

Thursday, June 26, 1997, 1:00 p.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Lewisville Mobile Homes, Inc. to hear alleged violations that the Respondent violated the Act, §§7(k)(3)(6) and 8(d) and the Rules, §80.123(a) by selling a used manufactured home without the appropriate, timely transfer of a good and marketable title within 30 days after the date that the transfer of ownership was effective and not properly submitting Sales Summary Report showing all of the homes sold. SOAH 332-97-1152. Department MHD1997001401-T.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

Issued in Austin, Texas, on June 16, 1997.

TRD-9707812

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 16, 1997

Notice of Administration Hearing-MHD1997000399-O

Manufactured Housing Division

Tuesday, July 1, 1997, 9:00 a.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Charles Rugen to hear alleged violations that the Respondent violated the Act, §6(f) by advertising a manufactured home for sale without possessing a certificate or document of title that shows the Respondent to be the owner of the home. SOAH 332-97-1153. Department MHD1997000399-O.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

Issued in Austin, Texas, on June 16, 1997.

TRD-9707813

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 16, 1997

Notice of Administrative Hearing-MHD1997001013-D

Manufactured Housing Division

Tuesday, July 1, 1997, 9:00 a.m.

State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Dinonicio Luna dba Dinonicio Luna Mobile Home aka Luna Mobile Home Service to hear alleged violations of the Act, §§3(10), 7(d), 17(b) and Rules §80.125(e) regarding obtaining, maintaining or possessing a valid installer's certificate of registration. SOAH 332-97-1154. Department MHD1997001013-D.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

Issued in Austin, Texas, on June 16, 1997.

TRD-9707815

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 16, 1997

Texas Department of Insurance

Insurer Services

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application for admission in Texas for American Summit Insurance Company, a foreign fire and casualty company. The home office is in Minneapolis, Minnesota.

Application for admission in Texas for American Contractors Indemnity Company, a foreign fire and casualty company. The home office is in Los Angeles, California.

Application for a name change in Texas for Pro-West Insurance Company, a foreign fire and casualty company. The proposed new name is Progressive West Insurance Company. The home office is in Rancho Cordova, California.

Application for a name change in Texas for Abeille General Insurance Company, Inc., a foreign fire and casualty company. The proposed new name is AIG National Insurance Company. The home office is in New York, New York.

Application for a name reservation in Texas for MCare HMO, a domestic health maintenance organization. The home office is in Houston, 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 13, 1997.

TRD-9707788

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Texas Natural Resource Conservation Commission

Notice

The public hearing pertaining to Benchmark Rates for Title Insurance, originally scheduled before the Commissioner of Insurance for June 24, 1997 at 9:00 a.m. under Docket Number 2279, has been rescheduled to November 4, 1997, at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas.

Notice of the hearing was published in the January 10, 1997, issue of the Texas Register (21 TexReg 404).

Issued in Austin, Texas, on June 12, 1997.

TRD-9707691

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 13, 1997

Notice of Public Hearing

The Commissioner of Insurance, at a public hearing under Docket Number 2296 scheduled for July 24, 1997 at 9:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a Staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt amendments to Rule 41 to change the premium charge for attachment of appropriate Financial Responsibility Certification endorsements, and to reword those endorsements (571 and TE 99 82A). Staff's petition (Reference Number A-0697-18-I) was filed on June 11, 1997.

Staff proposes to amend Manual Rule 41 to change the premium charge for attachment of appropriate Financial Responsibility Certification endorsements to a flat $50 charge, as well as to reword those endorsements (571 and TE 99 82A, to be redesignated as 571A and TE 99 82B, respectively). The $50 amount would replace the current charge, which consists of 10% of the basic limits bodily injury and property damage liability premium that would be paid by the insured for whom the certificate is filed.

Under the Texas Motor Vehicle Safety Responsibility Act, the Department of Public Safety (DPS) under some circumstances must require a vehicle operator to provide "evidence of financial responsibility." This may be done by filing with DPS the certificate of an insurance company certifying that an auto liability insurance policy is in effect for the benefit of that operator. Such a certificate is called an SR-22, which is referenced in Manual Endorsements 571 and TE 99 82A. Each endorsement provides for an additional premium charge and sets forth the insurer's obligation to give prior written notice to DPS before cancellation or termination of the policy.

When Rule 41 was adopted to allow recovery of administrative costs, basic premiums were much lower, and charges for attachment of Financial Responsibility Certification endorsements were also much lower, as the latter charges were (and are) based upon the former. As basic premiums have risen sharply, so have the charges for attachments of these endorsements, although based on Staff's analysis, no more work is involved in such attachment than initially. Furthermore, the majority of SR-22 filings are processed and filed by the Texas Automobile Insurance Plan Association, not the assigned insurer. The direct cost to the assigned insurer, in such cases, is limited to the filing of policy cancellation notice.

When an insurer files an SR-22 for an insured, the appropriate endorsement is issued, and an additional premium charge is made, being "10% of basic limits bodily injury and property damage liability total policy premium...."

Examples in Staff's petition show how a policyholder can be severely affected by the provisions of Rule 41, although administrative costs for the insurance company apparently do not vary for attachment of such an endorsement for any affected driver. Staff's opinion is that a flat $50 charge per driver should be adequate reimbursement of an insurer's administrative expenses for certification with DPS, and attachment of the appropriate endorsement.

Staff proposes that Rule 41 be amended accordingly, and that Endorsements 571 and TE 99 82A also be amended to reflect this change. The amendment of those endorsements would consist partially of eliminating references to Bodily Injury Liability and Property Damage Liability, as the premiums for those coverages would no longer be relevant. In order to avoid the possible need for amending these endorsements in the future because of inflation, Staff recommends leaving a blank space in each endorsement for the charge to be made.

A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Reference Number A-0697-18-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, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

Issued in Austin, Texas, on June 13, 1997.

TRD-9707791

Texas Department of Insurance

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 13, 1997

The Commissioner of Insurance, at a public hearing under Docket Number 2297 scheduled for July 24, 1997 at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1995-1998 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0697-19-I) was filed on June 11, 1997.

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 1995-1998 model vehicles.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

Issued in Austin, Texas, on June 13, 1997.

TRD-9707790

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 13, 1997

Notice of Application for Waste Disposal Permits

Attached are Notices of Applications for waste disposal permits issued during the period of June 11, 1997 thru June 13, 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 this 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. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after newspaper publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit.

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, permit number and type of application-new permit, amendment, or renewal.

NORTH TEXAS MUNICIPAL WATER DISTRICT, P.O. Box 2408, Wylie, Texas 75098, The wastewater treatment facilities are 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, renewal, 10363-01.

OXY PETROCHEMICALS, INC., 1501 McKinzie Road, Corpus Christi, Texas 78410, The applicant operates the Oxychem Petrochemicals plant which primarily produces ethylene, propylene, benzene and 1,3-butadiene, The wastewater treatment facilities are at 1501 McKinzie Road which is approximately 1.3 miles east of the State Highway 44/Farm-to-Market Road 24 intersection, and approximately four miles east of the City of Robstown, Nueces County, Texas, amendment, 02075.

Issued in Austin, Texas, on June 13, 1997.

TRD-9707757

Eugenia K. Brumm, Ph. D.

Chief Clerk

Texas Natural Resource Conservation Commission

Notice of Public Hearing (Chapter 101)

Notice of Date Extension

The Texas Natural Resource Conservation Commission is announcing that the due dates for submitting the Toxics Release Inventory (TRI) report (Form R) and Source Reduction and Waste Minimization Annual Progress Report (SR/WM Report) have been extended from July 1, 1997 to August 1, 1997. The extensions will align due dates of these two state and federal reporting requirements, which will reduce the burden to the regulated community and result in higher quality data overall.

The TRI reports are required under the federal Emergency Planning and Community Right-to-Know Act (EPCRA), §313 and the State Health and Safety Code, Chapter 370 (Toxic Chemical Release Reporting). The Environmental Protection Agency (EPA) recently authorized a similar extension under the federal program in the May 27, 1997 issue of the Federal Register (62 FR 101). The SR/WM Report is required under 30 TAC Chapter 335, Subchapter Q, §§335.471-335.480 and the Health and Safety Code, Chapter 361. The SR/WM Report is based on data in the TRI report.

Unless another announcement is forthcoming, this due date extension is only for submittals due in 1997.

Facilities who have previously filed Toxics Release Inventory Form R or Form A reports will be notified of this extension by letter prior to July 1, 1997. For further information on the Toxics Release Inventory date extension, please call Becky Kurka at (512) 239-3100. For further information on the SR/WM Annual Progress Report date extension, please call Emily Coyner at (512) 239-3100.

Issued in Austin, Texas, on June 12, 1997.

TRD-9707642

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 12, 1997

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to Chapter 101 and the SIP.

The commission proposes amendments to §101.1, concerning Definitions, §101.24, concerning Inspection Fees, and §101.27, concerning Emissions Fees. The proposed amendments change the definition of "account" to allow it to remain the key identifier in the air permit data base, conform language in several sections to the new definition, make certain administrative changes that reflect classification changes in the ozone attainment status of the Beaumont/Port Arthur area, and update several cross-references.

A public hearing on the proposal will be held July 15, 1997, at 10:00 a.m. in Room 254S of TNRCC Building E, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Written comments may be mailed to Lisa Martin, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 97124-101-AI. Comments must be received by 5:00 p.m., July 24, 1997. For further information, please contact Brad Toups, (512) 239-1872 or Beecher Cameron, Air Policy and Regulations Division, (512) 239-1415.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

Issued in Austin, Texas, on June 11, 1997.

TRD-9707804

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 16, 1997

Provisionally-Issued Temporary Permits to Appropriate State Water

Listed below are permits issued during the period of June 13, 1997.

Application Number TA-7822 by NOTTI Pipe Line Company for diversion of 75 acre-feet in a 1-year period for industrial (hydrostatic testing) purposes. Water may be diverted from the Sabin River, approximately 3.8 miles southwest of Orange, Orange County, Texas and approximately 2.13 miles east-southeast of the intersection of FM.. l05 and FM. l006 at the intersection of the barge canal and the Sabine River Basin.

Application Number TA-7823 by CCE, Inc. for diversion of 1 acre-foot in a 1-year period for industrial (highway construction) purposes. Water may be diverted from Terrapin Creek, approximately 0.5 miles south of Martinsville, Nacogdoches County, Texas, Neches River Basin.

Application Number TA-7824 by Hydra-Tex Services Inc. for diversion of 2 acre-feet in a six month period for mining purposes. Water may be diverted from the Little Brazos River, just north of FM. 1687, approximately 6.5 miles northwest of Bryan in Brazos County, Texas, Brazos River Basin.

Application Number TA-7825 by Water Line Systems for diversion of 10 acre-feet in a 1-year for mining (gas well drilling) purposes. Water may be diverted from the Rio Grande 7 miles south of Loop 20, 7 miles south of Laredo, Webb County, Texas, Rio Grande Basin.

Application Number TA-7797 by Union Pacific Resources for diversion of 9 acre-feet in a one year period for mining (oil production) purposes. Water may be diverted from the Brazos River 11 miles north of FM. 1362 on private property, approximately 13 miles east of Caldwell in Burleson County, Texas, Brazos River Basin.

Application Number TA-7798 by Union Pacific Resources for diversion of 9 acre-feet in a one year period for mining (oil production) purposes. Water may be diverted from the Brazos River, 2.8 miles south of Highway 21 on private property, approximately 14 miles east of Caldwell in Burleson County, Texas, Brazos River Basin.

Application Number TA-7799 by Union Pacific Resources for diversion of 9 acre-feet in a one year period for mining (oil production) purposes. Water may be diverted from the Little Brazos River, 3.5 miles east of Highway 50 on private property, approximately 30 miles southwest of Franklin in Robertson County, Texas, Brazos River Basin.

The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300.

Issued in Austin, Texas, on June 13, 1997.

TRD-9707758

Eugenia K. Brumm, Ph. D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 13, 1997

Public Utility Commission of Texas

Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27 for approval of a new Centrex-custom service offering for the City of Lufkin.

Tariff Title and Number. Application of Lufkin-Conroe Telephone Exchange, Inc. for Approval of a New Centrex-Custom Service Offering for the City of Lufkin in the Company's Lufkin Exchange, Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27(c)(2). Tariff Control Number 17558.

The Application. Lufkin-Conroe Telephone Exchange, Inc. is requesting approval of a new Centrex-custom service offering for the City of Lufkin in the company's Lufkin exchange.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on June 11, 1997.

TRD-9707614

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas (PUC) an application on May 30, 1997, pursuant to Public Utility Commission SUBSTANTIVE RULE 23.94 for approval of a rate change.

Tariff Title and Number: Application of Fort Bend Telephone Company for Approval of a Rate Change Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.94. Tariff Control Number 17532.

The Application: Fort Bend Telephone Company requests approval to pass through municipal franchise fees to customers located within the city limits of Beasley, Brookshire, Fairchild, Katy, Needville, and Pattison.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 on or before August 10, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on June 11, 1997.

TRD-9707611

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas (PUC) an application on May 23, 1997, pursuant to Public Utility Commission SUBSTANTIVE RULE 23.94 for approval of ISDN proposals and a rate change.

Tariff Title and Number: Application of Fort Bend Telephone Company for Approval of ISDN Proposals and Rate Change Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.94. Tariff Control Number 17500.

The Application: Fort Bend Telephone Company seeks approval for the following proposals regarding Integrated Services Digital Network (ISDN) Services: (1) to offer Packet Switched Features for ISDN-BRI and ISDN-PRI Services; (2) to offer DigiFlex ISDN-BRI FlexNet Services; (3) to reduce certain nonrecurring charges for DigiFlex ISDN-BRI Service; and (4) to comply with the ISDN technical requirements outlined in Public Utility Commission SUBSTANATIVE RULE 23.69. Approval of this application will result in a rate increase to one customer.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 on or before July 31, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on June 11, 1997.

TRD-9707612

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 1997

Notices of Application Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.94

Notice is given to the public of the filing with the Public Utility Commission of Texas (PUC) an application on April 18, 1997, pursuant to Public Utility Commission SUBSTANTIVE RULE 23.94 for approval of a new optional service.

Tariff Title and Number: Application of Community Telephone Company, Inc. for Approval to Offer a New Optional Service Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.94. Tariff Control Number 17369.

The Application: Community Telephone Company, Inc. proposes to offer a new optional service, Calling Name and Number Delivery, available to all business and residential customers.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 on or before June 30, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on June 11, 1997.

TRD-9707613

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 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 Victoria ISD in Victoria, Texas.

Tariff Title and Number. Application of Southwestern Bell Telephone Company for a 24 station addition to the existing PLEXAR-Custom Service for Victoria ISD in Victoria, Texas, pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27. Tariff Control Number 17559.

The Application. Southwestern Bell Telephone Company is requesting approval for a 24 station addition to the existing PLEXAR-Custom service for Victoria ISD in Victoria, Texas. The geographic service market for this specific service is the Corpus Christi local access and transport area.

Issued in Austin, Texas, on June 11, 1997.

TRD-9707610

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 1997

Notice of Joint Agreement to Provide Extended Metropolitan Service

Notice is given to the public of the filing with the Public Utility Commission of Texas a joint agreement on June 10, 1997, seeking approval of two-way optional Extended Metropolitan Service (EMS) from the Valley Mills exchange to the Waco Metropolitan Exchanges pursuant to Public Utility Commission Substantive Rule 23.49(b)(8).

Project Title and Number: Joint Agreement of Texas Alltel, Inc. (Alltel) and Southwestern Bell Telephone Company (SWB) to provide Extended Metropolitan Service (EMS) from the Valley Mills exchange to the Waco Metropolitan Exchanges; Project Number 14006.

The Joint Petition and Agreement: Alltel and SWB request approval to offer EAS in the form of two-way, optional, EMS from the Valley Mills exchange to the Waco Metropolitan Exchanges to all residential and business Alltel customers residing within the telephone exchange boundaries of the Valley Mills exchange. Customers residing in the Valley Mills exchange electing to subscribe to EMS will pay a flat-rate month charge that includes basic local exchange service.

Alltel' standard service connection charges will apply to all current local exchange access customers placing orders for EMS. However, Alltel will waive the standard service connection charge for customers subscribing to the EMS plan during the 600 day period after the EMS in-service date.

The joint applicants have requested that the joint agreement filing be processed administratively pursuant to Public Utility Commission Substantive Rule 23.49(b)(8)(C). Persons who wish to intervene in the proceeding or comment upon action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120 by August 20, 1997. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on June 16, 1997.

TRD-9707797

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 1997

Public Notice of Interconnection Agreement

On June 5, 1997, Southwestern Bell Telephone Company (SWBT) and PrimeCo Personal Communications, L.P. (PrimeCo) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Public Law Number 104-104, 110 Statute 56 (1996), (to be codified at 47 United States Code §§151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statutes Annotated article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17190. 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 §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 §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 17190. 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 10, 1997, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission 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 17190.

Issued in Austin, Texas, on June 16, 1997.

TRD-9707798

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 1997

Texas Rehabilitation Commission

Statewide Request for Offers (RFO)

Durable Medical Goods

The Texas Rehabilitation Commission (TRC) is requesting offers from durable medical goods providers who can serve TRC clients throughout the State of Texas. This is a multiple-award procurement.

Offers are requested from providers of durable medical goods in only the following categories:

Power wheelchairs (fully functional chairs)

Manual wheelchairs (fully functional chairs)

Scooters

Power units and controllers (replacement)

Seating/positioning systems (replacement)

Patient lifts

Hospital beds

Copies of the request for offers (RFO) packets are available at TRC, Buyer Support Services, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, or by contacting Paulette Nall at (512) 424-4445.

Historically Underutilized Business (HUB) enterprises will be afforded full opportunity to participate in contracts under this solicitation.

This agency hereby certifies that the proposed amendment has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Issued in Austin, Texas, on June 11, 1997.

TRD-9707600

Simon Y. Rodriguez

General Counsel for the Office of the General Counsel

Texas Rehabilitation Commission

Filed: June 11, 1997

Texas Department of Transportation

Request for Proposals

The County of Aransas, through its agent, the Texas Department of Transportation (TxDOT) intends to engage an architect pursuant to Chapter 2254, Subchapter A, of the Government Code. The Aviation Division will receive proposals for an professional services as described in the project scope for the following project:

Airport Sponsor: County of Aransas; TxDOT CSJ Number: 9716RCKPT; Project Scope: Design and construction phases for a new terminal building; and associated appurtenances; Estimated Total Project Cost: $400,000; Project Manager: John Greer. The Proposal shall include: 1. Firm name, address, phone number and person to contact regarding the proposal. 2. Proposed project management structure identifying key personnel and subconsultants (if any). 3. Qualifications and recent experience of the firm, key personnel and subconsultants relative to the performance of similar services for airport terminal buildings. 4. Proposed project schedule, including major tasks and target completion dates. 5. Technical approach - a brief discussion of the tasks or steps to accomplish the project. 6. List of in-state references including the name, address, and phone number of the person most closely associated with the firm's prior project performance. 7. Design Schedule Project Team. 8. Statement regarding an Affirmative Action Program. 9. Certification that all franchise taxes are paid or that consultant is not subject to franchise taxes. 10. Certification of Child Support payments as now required by Senate Bill 84, 73rd Legislature. Forms are available by calling TxDOT, Grant Administration, at (512) 476-9262 or 1-800-68-PILOT.

Those interested consultants should submit six copies of brief proposals consisting of the minimum number of pages sufficient to provide necessary information for the project to: Texas Department of Transportation, Aviation Division, Attention: Grant Management. Mailing Address: 125 East 11th Street, Austin, Texas; 78701-2483; Hand delivery address: 150 East Riverside Drive, North Tower, Second Floor, Austin, Texas 78704; Austin, Texas 78701. Proposals must be received in this office by 4:00 p.m.(CDT), July 14, 1997, in the office of the Aviation Division.

The airport sponsor(s) duly appointed committee will review all proposals and select three to five architectural/engineering firms for interviews. The final consultant selection by the sponsor's committee will be made following the completion of the review of proposals and/or interviews. Procedures for award will be in accordance with FAA Advisory Circular AC 150/5100-14B.

The airport sponsor reserves the right to reject any or all proposals, and to conduct new consultant selection procedures for future projects.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, Aviation Division, Texas Department of Transportation, or the Aviation Division project manager, Aviation Division Texas Department of Transportation, (512) 416-4520 or 1-800-68-PILOT.

Texas Department of Transportation

TRD-9707795

Robert E. Shaddock

General Counsel

Texas Workers' Compensation Commission

Request for Qualifications

The City of Mesquite, through its agent, the Texas Department of Transportation (TxDOT) intends to engage an aviation engineering consultant pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT will solicit and receive qualifications for professional services as described in the project scope for the following project:

Airport Sponsor: City of Mesquite; TxDOT CSJ Number 9742MSQTE; Project Scope: Reconstruction of hangar access taxiways and north apron, and removal of fuel storage tanks at the Mesquite Metro; Estimated total project cost: $510,000. Project Manager: Alan Schmidt; Mailing address: TxDOT, 125 East 11th Street, Austin, Texas 78701-2483; Hand Delivery address: 150 East Riverside, North Tower, Second Floor, Austin, Texas.

Interested firms which do not already have a copy of the Form 439, entitled "Aviation Consultant Services Questionnaire", (August 1995 Version) may request one from the TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, 1-800-68-PILOT. The form is also available on high density 3 1/2" diskette in Microsoft Excel 5.0, and may be ordered from the above address with remittance of $2.50 to cover costs. The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

Two completed unfolded copies of Form 439 (August 1995 version) must be received by 4:00 p.m. (CDT), July 14, 1997, at the previously mentioned Aviation Division Office address. The three pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

The airport sponsor's duly appointed committee will review all professional qualifications and select three to five engineering firms for proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Disadvantaged Business Enterprise (DBE) participation, design schedule, and other matters, prior to the final selection process. The final consultant selection by the sponsor's committee will generally be made following the completion of review of proposals and/or interviews. Procedures for award will be in accordance with FAA Advisory Circular AC 150/5100-14C.

The airport sponsor reserves the right to reject any or all statements of qualifications and to conduct new consulting engineer selection procedures.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, Aviation Division, Texas Department of Transportation at (512) 416-4520 or 1-800-68-PILOT.

Issued in Austin, Texas, on June 16, 1997.

TRD-9707796

Robert E. Shaddock

General Counsel

Texas Department of Transportation

Filed: June 16, 1997

Standards and Procedures for the Medical Advisory Committee and Invitation to Applicants for Appointment to the Medical Advisory Committee

Standards and Procedures For the Medical Advisory Committee and Invitation to Application for Appointment to the Medical Advisory Committee

The Texas Workers' Compensation Commission at its June 12, 1997, public meeting replaced the Medical Advisory Committee bylaws with Standards and Procedures for the Medical Advisory Committee. The approved Standards and Procedures are as follows:

LEGAL MANDATE

The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act 413.005).

PURPOSE AND ROLE

The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of 12 health care specialties and representatives of labor, business and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under the Act, 413.011.

COMPOSITION

Membership

The committee, appointed by the Commissioners, is composed of 16 members who must be knowledgeable and qualified regarding work-related injuries and diseases. Twelve members of the committee shall represent specific health care provider groups. These members shall include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a pharmacist, a podiatrist, an occupational therapist, a medical equipment supplier, and a registered nurse. Appointees must have at least six years of professional experience in the medical profession they are representing and engage in an active practice in their field.

The Commission shall also appoint a representative of employers, a representative of employees, and two representatives of the general public. These appointees shall not hold a license in the health care field and may not derive their income directly or indirectly from the provision of health care services. The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member.

Neither the health care provider, nor a business they may be associated with, may derive more than 40% of their revenues from workers' compensation patients. This fact must be certified in their application to the MAC.

Terms of Appointment

Members serve at the pleasure of the Commissioners. Unless otherwise directed by the Commissioners, the term of appointment for primary and alternate members will be two years. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, unless the member resigns, abandons, or is removed from the position prior to the termination date. Abandonment will be deemed to occur if any primary member is absent from more than two consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director. The terms will commence as follow:

Primary: FY Ending 1999

Alternate: FY ending 1999

Occupational Therapist

Primary: FY Ending 2000

Alternate: FY ending 2000

In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria which are not required by statute.

RESPONSIBILITY OF MAC MEMBERS

Primary Members

Make recommendations on medical issues to the Medical Review Division.

Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed.

Ensure attendance by the alternate member at meetings when the primary member cannot attend.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies.

Alternate MAC Members

Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence.

Maintain knowledge of MAC proceedings.

Make recommendations on medical issues to the Medical Review Division when the primary member is absent at a MAC meeting.

Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting.

Committee Officers

The chairman of the MAC is designated by the Commissioners. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine or more primary or alternate members are present.

Responsibilities of the Chairman

Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division.

Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate:

a. Preparation of a suitable agenda.

b. Planning MAC activities.

c. Establishing meeting dates and calling meetings.

d. Establishing subcommittees.

e. Recommending MAC members to serve on subcommittees.

If requested by the Commission, appear before the Commissioners to report on MAC meetings.

COMMITTEE SUPPORT STAFF

The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary.

The Medical Review Director will coordinate the following activities for the MAC and its subcommittees and work groups:

Preparing agenda and support materials for each meeting.

Preparing and distributing information and materials for MAC use.

Maintaining MAC records.

Preparing minutes of meetings.

Arranging meetings and meeting sites.

Maintaining tracking reports of actions taken and issues raised by the MAC.

Maintaining attendance records.

SUBCOMMITTEES

The chairman shall appoint the members of a subcommittee from the membership of the MAC unless the Commissioners or Director of Medical Review do so. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals.

WORK GROUPS

When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC.

WORK PRODUCT

No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group.

MEETINGS

Frequency of Meetings Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours.

CONDUCT AS A MAC MEMBER

Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent.

Comportment Requirements for MAC Members:

Learn their duties and perform them in a responsible manner;

Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members;

Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliations;

Not use their memberships on the MAC

- in advertising to promote themselves or their business,

- to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes;

Provide accurate information to the Medical Review Division and the Commission;

Consider the goals and standards of the workers' compensation system as a whole in advising the Commission;

Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts;

Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attention: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and

Conduct themselves in accordance with the MAC Standards and Procedures, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division, or other TWCC staff.

The Commission will consider taking action to cancel all current appointments to the Commission's Medical Advisory Committee at a subsequent public meeting, the next one of which is tentatively scheduled for July 10, 1997. The Commission will consider taking action to appoint members to the MAC in accordance with the MAC Standards and Procedures.

Invitation to Applicants for Appointment to the Medical Advisory Committee

The Texas Workers' Compensation Commission (TWCC) invites all qualified individuals, and representative of public health care facilities and other entities and all current primary and alternate MAC members to apply to fill any of the following positions on the Medical Advisory Committee (MAC) in accordance with the eligibility requirements of the new Standards and Procedures for the Medical Advisory Committee. The purpose and tasks of the MAC are outlined in the Texas Labor Code, §413.005, which includes advising the Medical Review Division of TWCC on the development and administration of medical policies and guidelines. The MAC meets, on the average, once every six weeks. MAC members are not reimbursed for travel, per diem, or other expenses associated with the MAC activities and meetings.

The members of the MAC are appointed by the six commissioners of TWCC and include health care providers, representatives of employees and employers and members of the general public. Each member must be knowledgeable and qualified regarding work-related injuries and diseases. The complete membership of the MAC includes 16 primary members and 16 alternate members.

During the primary member's absence, the alternate member will attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed. The alternate may attend all meetings. Alternate members shall fulfill the same responsibilities as primary members, as set out in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission.

The Commission solicits applications for the following positions on the TWCC Medical Advisory Committee:

PRIMARY

1. Primary member - Public Health Care Facility

2. Primary member - Private Health Care Facility

3. Primary member - Doctor of Medicine

4. Primary member - Doctor of Osteopathic Medicine

5. Primary member - Chiropractor

6. Primary member - Dentist

7. Primary member - Physical Therapist

8. Primary member - Pharmacist

9. Primary member - Podiatrist

10. Primary member - Occupational Therapist

11. Primary member - Medical Equipment Supplier

12. Primary member - Registered Nurse

13. Primary member - Representative of Employers

14. Primary member - Representative of Employees

15. Primary member - General Public

16. Primary member - General Public

ALTERNATE

17. Alternate member - Public Health Care Facility

18. Alternate member - Private Health Care Facility

19. Alternate member - Doctor of Medicine

20. Alternate member - Doctor of Osteopathic Medicine

21. Alternate member - Chiropractor

22. Alternate member - Dentist

23. Alternate member - Physical Therapist

24. Alternate member - Pharmacist

25. Alternate member - Podiatrist

26. Alternate member - Occupational Therapist

27. Alternate member - Medical Equipment Supplier

28. Alternate member - Registered Nurse

29. Alternate member - Representative of Employers

30. Alternate member - Representative of Employees

31. Alternate member - General Public

32. Alternate member - General Public

Any person or entity interested in serving on the MAC may contact Juanita Salinas in the Commission's Medical Review Division at (512) 707-5888 to obtain an application packet. Applications must be received by the TWCC Medical Review Division by 5:00 p.m. on July 18, 1997.

Program Assistant, General Counsel's Office

TRD-9707824

Elaine Crease

Texas Workers' Compensation Commission