Office of the Consumer Credit Commissioner
Notice of Rate Ceiling
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Title 79, Texas
Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04).
[graphic]
Issued in Austin, Texas, on December 31, 1996.
TRD-9618787
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissoner
Filed: January 2, 1997
Correction of Errors
The Texas Department of Health adopted new §289.258. The rule appeared
in the July 16, 1996, issue of the
Texas Register
(21 TexReg 6628).
On page 6633, §289.258(r)(1), second column, the paragraph was split
at a reference to another paragraph causing confusion. The paragraph should
read: “...who has completed the requirements of this paragraph and
paragraphs (2) and (3) of this subsection, the individual...”
On pages 6633-6634, §289.258(r)(2), the paragraph was split
at a reference to another paragraph causing confusion. The paragraph should
read: “...who has completed the requirements of this paragraph and
paragraphs (I) and (3) of this subsection...”.
On page 6634, §289.258(r)(3), page 21 TexReg 6634, first column, the
paragraph was split at a reference to another paragraph causing confusion.
The paragraph should read: “...who has completed the requirements of
this paragraph and paragraphs (1) and (2) of this subsection...”.
On page 6634, §289.258(s)(3)(A), second column, subparagraphs (A)
and (B) run together causing confusion. The subparagraphs should be split
as follows:
“(A) the revisions do not reduce the safety of the facility;
(B) the revisions are consistent with the outline or summary of procedures
including procedures for changes to operating, safety, and emergency procedures
submitted with the license applications;”
On page 6635, §289.258(t)(1), first column, a parentheses is missing
at the end of the second sentence in paragraph. The sentence should read
as follows: “...accident dose ranges (see §289.202(p)(3) of this
title).”
On page 6635, §289.258(t)(2), first column, the last sentence is missing
some language. The last sentence should read as follows: “Acceptable
dosimeters shall read within +/- 30% of the true radiation dose.”
On page 6635, §289.258(u)(3), first column, most of the language of
the paragraph is missing. The paragraph should read as follows: “Portable
radiation survey meters shall be calibrated at least annually to an accuracy
of +/- 20% for the gamma energy of the sources in use. The calibration shall
be done at two points on each scale or for digital instruments, at one point
per decade over the range that will be used. Portable radiation survey meters
shall be of a type that does not saturate and read zero at high radiation
dose rates.”
On page 6637, §289.258(cc)(1)(E), first column, delete the letter
“z at the beginning of the word “inoperability.”
The correction of error was previously published in the August 16, 1996
and November 22, 1996, issues of the
Texas Register
.
Notice of Contract Award
The Department of Information Resources (DIR) files this notice regarding
the award of a contract for consulting services in accordance with the provisions
of Chapter 2254, Subchapter B of the Government Code. Notice of a request
for submission of proposals was published in the August 30, 1996, issue of
the
Texas Register
(21 TexReg 8328). The
private consultant will assist DIR and the Texas Department of Criminal Justice
(TDCJ) in connection with TDCJ's offender information management reengineering
project by finalizing the project work plan, documenting the business context,
addressing TDCJ's change management issues, preparing a needs assessment,
mapping TDCJ's process baseline, conducting a systems assessment, identifying
industry best practices and comparing TDCJ's practices to those, prioritizing
the target reengineering areas, and preparing budget estimates for Phase
II of the project. The name of the private consultant is IBM Corporation
Government Consulting Group. The business address of the private consultant
is 1301 K Street, NW, Washington, D.C. 20005. The total value of the consultant
services contract is $974,650. The beginning date is November 4, 1996 and
the ending date is April 18, 1997. The dates on which documents or reports
that the consultant is required to present to the agency are due as follows:
(1) Project Work Plan: November 15, 1996; (2) Business Context Report: December
4, 1996; (3) Change Management/Needs Assessment Report: January 30, 1997;
(4) Process Baseline: March 27, 1997; (5) Systems Assessment: February 28,
1997; (6) Best Practices Report: March 14, 1997; and (7) Prioritization and
Final Report: April 18, 1997. Project management reports will also be submitted
monthly during the term of the contract.
Issued in Austin, Texas, on January 2, 1997.
TRD-9700043
C. J. Brandt, Jr.
General Counsel
Texas Department of Information Resources
Filed: January 2, 1997
Notice of 1996 Texas Title Insurance Biennial Hearing DOCKET NUMBERS 2278 and 2279
Notice is hereby given that a hearing will be held before the Commissioner
of Insurance. The hearing will consist of a rulemaking phase and a ratemaking
phase. The rulemaking phase, under Docket Number 2278, will be for the consideration
of rules, forms, and endorsements, and related matters not having rate implications.
The ratemaking phase, under Docket Number 2279, will be for the consideration
of fixing the premium rate and other matters with rate implications. The
hearing for the rulemaking phase will begin at 9:00 a.m., in Room 100 of
the Texas Department of Insurance Building, 333 Guadalupe Street in Austin,
Texas on March 18, 1997, and continue thereafter at dates, times, and places
designated by the commissioner until conclusion. Due to related matters pending
before the Department, discussed below, the hearing for the ratemaking phase
will begin at 9:00 a.m. on June 24, 1997, and continue thereafter at dates,
times, and places designated by the commissioner until conclusion. The commissioner
will conduct both phases of the hearing; provided, however, that the ratemaking
phase of the hearing may be conducted by the State Office of Administrative
Hearings in accordance with Article 1.33B, Texas Insurance Code at the direction
of the commissioner or at the written request of any person seeking admission
as a party to the ratemaking phase of the hearing. The commissioner will
certify which matters have rate implications to be considered in the ratemaking
phase of the hearing. Authority, Jurisdiction and Statutes and Rules Involved
The Commissioner of Insurance has jurisdiction over the promulgation of
rules and premium rates, over amendments to or promulgation of approved forms,
and over other matters set out in this notice pursuant to Texas Insurance
Code, Articles 1.02, 1.04, 9.01, 9.02, 9.07, and 9.21, and pursuant to the
Texas Administrative Code, Title 28, Section 9.1.
The procedure of the hearing will be governed by the Rules of Practice
and Procedure before the Department of Insurance (Texas Administrative Code,
Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas
Government Code, Chapter 2001). Related Matters Pending Before the Department
The rule, form, and rate matters will be impacted by two other related
matters. First, the commissioner expects to issue a Request for Proposals
for an expert study to be conducted on various methodologies for establishing
the reasonableness of expenses considered in the title ratemaking process.
This Request will be issued in the month of January 1997. It is anticipated
that the results of the study will be available by May 1997. Although preliminary
hearings and other proceedings on the rate case may go forward without the
results of this study, it is expected that the parties will need to address
the results of the study in their direct testimony in the rate case. Second,
the commissioner expects to issue a notice of a separate proceeding to address
rebating, discounts, and other title insurance business practices. Because
those matters are the subject of pending petitions for rules (generally referred
to as Proposed Procedural Rules P-41 and P-42) submitted by the Texas Land
Title Association, they will be docketed separately. Initial publication
of the proposed rules relating to rebating, discounting, and other title
insurance business practices is expected to occur in January 1997. Additional
scheduling items are addressed below under the headings "Motions for Admission
as a Party" and "Pre-Hearing Conference". Matters to be Considered
The commissioner will consider testimony presented and information filed
by title insurers, title agents, the Office of Public Insurance Counsel and
other interested parties relating to the following issues: Docket 2278 Form
and Rulemaking Phase
Item 96-4 - Submission by Barton R. Bentley and Roland Chamberlin, Jr.
to amend Procedural Rule P-9.b (4) to designate the first two paragraphs
as paragraphs (a) and (b) and to add paragraph (c). Proposed paragraph (c)
would provide for an endorsement when the insured in a previously issued
Mortgagee Title Policy is the successful bidder at a foreclosure sale. This
proposal is the same as the final version of former Agenda Item 91-41.
Item 96-5 - Submission by Barton R. Bentley and Roland Chamberlin, Jr.
to adopt a new Procedural Rule P-9.b (11) authorizing a "down date" endorsement
after the issuance of a Mortgagee Title Policy, which functions to update
the effective date, except as to those loans secured by one-to-four family
residential properties, to provide a way for lenders to obtain such updated
coverage under varying circumstances, especially in connection with a pending
sale of a loan or a foreclosure. This submission is the same as the final
version of previously submitted Agenda Item 91-39.
Item 96-6 - Submission by Barton R. Bentley and Roland Chamberlin, Jr.
proposing a new endorsement form to authorize the issuance of a "down date"
endorsement after the issuance of a Mortgagee Title Policy under varying
circumstances, especially in connection with a pending sale of a loan or
a foreclosure, utilizing the Endorsement Form T-3 with new endorsement instructions
to be added as a new section IX. This endorsement instruction is the same
as the final version of Agenda Item 91-40 and is to be used in connection
with the proposed Procedural Rule P-9.b (11).
Item 96-7 - Submission by Barton R. Bentley and Roland Chamberlin, Jr.
proposing a new endorsement form to authorize the issuance of a "down date"
endorsement after the issuance of a Mortgagee Title Policy, and after a foreclosure
or conveyance discharging the lien insured by the Policy, utilizing the Endorsement
Form T-3 with new endorsement instructions to be added as a new section X.
This endorsement instruction is the same as the final version of Agenda Item
91-42 and is to be used in connection with the proposed Procedural Rule P-9.b
(4).
Item 96-8 - Submission by the Staff of the Texas Department of Insurance
to amend the Minimum Escrow Accounting Procedures and Internal Controls,
in Section V of the Basic Manual of Rules, Rates and Forms for the Writing
of Title Insurance in the State of Texas, to strengthen accounting controls
over trust funds held by the industry. The proposed amendment eliminates
a duplication of the requirement that trust funds received by escrow agents
be deposited within three business days of receipt of the funds. This requirement
is adequately addressed in Procedural Rule P-27. The proposed amendment refers
to deposit tickets in lieu of deposit slips and requires a control ledger
or record identifying all interest-bearing accounts. The proposed amendment
requires an item description of any type of disbursement and a record of
voided checks be entered on the disbursement sheet. The amendment also requires
immediate notice to the parties of a transaction in the event earnest money
checks are returned due to insufficient funds.
Item 96-9 - Submission by the Staff of the Texas Department of Insurance
to amend Procedural Rule P-27 to eliminate cashier's checks and teller's
checks from the definition of "good funds", and to require funds be delivered
for deposit to the financial institution in a more timely manner.
Item 96-10 - Submission by the Staff of the Texas Department of Insurance
to adopt a distinct form number designation for each previously promulgated
form in the Basic Manual of Rules, Rates and Forms for the Writing of Title
Insurance in the State of Texas which does not have a form number assigned.
It is proposed that the form numbers be included in all forms no later than
6 months from the date of adoption.
Item 96-11 - Submission by the Staff of the Texas Department of Insurance
to amend the terms "Title Examination" in Procedural Rule P-1.e; "Title Insurance
Company" in Procedural Rule P-1.l; "The business of title insurance" in Procedural
Rule P-1.q; "Insuring Around" in Procedural Rule P-11 and to amend Procedural
Rule P-38 to provide for the issuance of a Residential Owner Policy of Title
Insurance (Form T-1R) to a natural person prior to the construction of improvements,
if the contemplated improvements meet the definition of residential property.
These definitions are consistent with Senate Bill 1284 enacted by the 74th
Texas Legislature, effective September 1, 1995, and amended Subsections (m),
(c) and (b), Article 9.02, Insurance Code and Article 9.08, Insurance Code,
and amended Subsection (b), Article 9.07A, Insurance Code.
Item 96-12 - Submission by the Staff of the Texas Department of Insurance
to withdraw all the Bulletins contained in Section VI of the presently promulgated
Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance
in the State of Texas. Certain Bulletins should be retained in an appendix
for reference purposes. Certain other Bulletins should be repealed and not
maintained in the proposed appendix. Upon withdrawal of the Bulletins contained
in Section VI of the Basic Manual of Rules, Rates and Forms for the Writing
of Title Insurance in the State of Texas, Section VII should be designated
as Section VI and Section VIII should be designated as Section VII.
Item 96-13 - Submission by the Staff of the Texas Department of Insurance
proposing the amendment of Section V of the Basic Manual of Rules, Rates
and Forms for the Writing of Title Insurance in the State of Texas to withdraw
the forms which are out of date. The forms proposed to be withdrawn refer
to procedures no longer in effect or which have been greatly modified and
deal with practices and procedures which have been changed by various actions
of the State Board of Insurance and the Commissioner of Insurance over the
years. This action is in effect a recodification of the forms in the Section
V of the Basic Manual of Rules, Rates and Forms for the Writing of Title
Insurance in the State of Texas.
Item 96-14 - Submission by the Staff of the Texas Department of Insurance
to amend the Arbitration Provisions in Procedural Rule P-36, Form T-1, Owner
Policy of Title Insurance, Form T-2, Mortgagee Policy of Title Insurance,
and Commitment for Title Insurance form to provide for consistency in punctuation,
spelling and grammar and correct typographical errors in previous amendments
to the rule and forms, and to amend the Commitment for Title Insurance form
to correct an omission of the words "is furnished" in Schedule B, Exceptions
from Coverage, number 7, and to amend the forms for Mortgagee Title Policy
on Interim Construction Loan and the Immediately Available Funds Procedure
Agreement, and Rate Rules R-1 and R-8 to reflect the elimination of State
Board of Insurance.
Item 96-15 - As noted above, the Department has elected to proceed separately
with submissions by the Texas Land Title Association to adopt new Procedural
Rules P-41 and P-42. However, the impact of any new rules adopted in those
proceedings should be considered and addressed by the parties to the Title
Hearing as well.
Complete copies of the agenda items, as amended, may be obtained from the
Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas
78714-9104. Docket 2279 Ratemaking Phase
The parties shall consider and provide evidence on all relevant and necessary
points, including but not limited to:
1. The impact of changing property values and sales prices from 1981 through
1995 on title premium revenues, independent of changes in title premium rates.
2. The impact of changing numbers of title insurance transactions from
1981 through 1995 on title premium revenues and expenses, independent of
title premium rates, with reference to the separate experience of underwriters,
affiliated agents, independent agents and direct agent operations and with
reference to changes in different types of transactions (original, refinance,
residential, commercial).
3. The annual growth in total title agent and title underwriter expenses
from 1981 through 1995 generally and in comparison to: premium growth; relevant
measures of inflation, such as the consumer price index or one or more of
its sub-indices; or any other relevant measure. Reference the separate experience
of underwriters, affiliated agents, independent agents and direct agent operations.
See also Item Number 26.
4. Factors and forces causing title agent and title underwriter expenses
to grow at annual rates greater than, equal to or less than relevant annual
rates of inflation from 1981 through 1995, with reference to the separate
experience of underwriters, affiliated agents, independent agents and direct
agent operations.
5. The historical and projected future impact of increasing automation
on title insurance premiums, expenses, losses and profitability, with reference
to the separate experience of underwriters, affiliated agents, independent
agents and direct agent operations.
6. The historical and projected future impact of title insurer and title
agent mergers, acquisitions, failures and start-ups on title insurance premiums,
expenses, losses and profitability.
7. The changes in number of market participants by type of market and type
of participants (underwriters, affiliate agents, independent agents and direct
agent operations), from 1981 through 1995 in aggregate and by county, including
analysis of the causes and impacts for changes in the numbers over time.
8. The potential impact of the phenomenon known as reverse competition,
generally described as competition which has the effect of raising rather
than lowering prices to consumers because competitive efforts on the part
of insurers and agents are directed towards the "producers" of business (realtors,
real estate developers, lenders, attorneys, etc.) rather than the ultimate
consumers of title insurance. Reference structural market incentives for
increases in the number of market participants independent of changes in
the value of services provided to consumers, excessive promotional and other
acquisition expenses, and rebates.
9. The relevance, if any, of the 1986 report of the title insurance advisory
group.
10. The degree to which expenses are fixed or variable in relation to premium
volume with reference to type or size of entity (underwriters, affiliated
agents, independent agents and direct agent operations) and the type of transaction
(original, refinance, residential, commercial).
11. The strengths, weaknesses and appropriateness of past ratemaking methodologies
which relied upon simple trending of expenses and losses. Simple trending,
in this context, is understood to be a linear or exponential regression with
time, expressed in years, as the independent variable, and expenses ratio
or loss ratio as the dependent variable.
12. The strengths, weaknesses and appropriateness of past ratemaking methodologies
which capped the amounts of certain expenses categories for the purpose of
projecting future title insurance expense needs. See also Item Number 26.
13. The relevance, appropriateness and justification for any title insurance
expense standard, including actual expenses incurred, for title insurance
ratemaking. See also Item Number 26.
14. Alternative ratemaking methodologies which consider the impact of changes
in property values, the number of transactions and any other relevant factors
on premium, expenses, losses and profitability. For example, consider the
projection of future expenses and premium separately with specific adjustments
for expense inflation, number of transactions and change in property values.
15. The impact of changing interest rates, including known changes in interest
rates through the most recent quarter prior to the hearing, on revenues,
expenses, profitability, and premium volume.
16. Alternative projections of losses, including simple linear and exponential
trends and models which incorporate additional independent variables.
7. Alternative title insurance profit models, including staff and Lipschutz
models used in past hearings.
18. The fairness and feasibility of developing title rates by size of transaction,
by type of transaction (original, refinance, etc.), by class of transaction,
(residential, commercial).
19. Alternative methodologies for determining the appropriate split of
title premium between title agents and underwriters.
20. The impact of the premium split, changed or not, on future title premiums,
with reference to any variations in impact depending upon the ratemaking
methodology employed.
21. The appropriateness of different agent/underwriter revenue split percentages
with reference to the revenue and revenue requirements of large versus small
volume title agents and of urban versus rural title agents.
22. The comparison of title insurance rates in Texas to title insurance
rates in other states, with reference to any limitations in such comparisons.
23. The impact of recent tort reform legislation on title insurance premiums,
expenses and losses. Reference the legislation's impact on non-title insurance
costs incurred by title underwriters and agents and loss and loss adjustment
expenses.
24. The impact which recurring excesses of tax certificate and recording
fees collected over tax certificate and recording fees paid should have on
the allocation of equity and/or expenses.
25. The impact which profits earned from performing escrow functions or
handling tax certificates and recording fees should have in establishing
profit margins for agents.
26. As noted above, the Department will order an interim study on various
methodologies for establishing the reasonableness of expenses. Results of
the study will be made available to all parties and should be considered
and addressed in the direct testimony to be filed by the parties. The Department
anticipates issuing a Request for Proposals in January 1997, with a report
to be due in May 1997. In addition, the parties should consider and address
the following items submitted as noted:
27. Item 96-1 - Submission by Texas Land Title Association to adopt a Schedule
of Basic Premium Rates for Title Insurance for the calendar year 1996, and
in so doing consider the expense and loss experience of the industry so as
to establish a rate which is reasonable to the public and nonconfiscatory
to title insurance companies and title insurance agents.
28. Item 96-2 - Submission by Texas Land Title Association to amend Procedural
Rule P-23 and adopt a formula for division of premiums between title insurance
agents and companies for the calendar year 1996.
29. Item 96-3 - Submission by Barton R. Bentley and Roland Chamberlin,
Jr. to amend Rate Rule R-11.c to make a $50.00 charge for the issuance of
each endorsement provided for in Procedural Rule P-9.b (4) (a) and (b); and
adopt a new Rate Rule R-11.i to make a charge equal to two times the minimum
basic premium rate for issuance of each endorsement provided for in Procedural
Rule P-9.b (11) issued on or after three (3) years after the original Date
of Policy; and adopt a new Rate Rule R-11.j to make a charge equal to fifty
percent (50%) of the current basic rate for the successful foreclosure bid
price (or unpaid balance if there is a conveyance in discharge of the lien
of the insured mortgage) for issuance of each endorsement provided for in
Procedural Rule P-9.b (4) (c). This proposal is the same as the final version
of former Agenda Item 91-43.
Motions for Admission as a Party
Anyone who wishes to participate as a party in the hearing on either Docket
Number 2278 or 2279 must file a motion for admission as a party, indicating
the docket to which it wishes to be admitted, by 5:00 p.m. on January 24,
1997. Pre-Hearing Conference
An initial pre-hearing conference will be held before the General Counsel
of the Department at 9:00 a.m. on February 13, 1997, in room 100 of the first
floor of the Texas Department of Insurance Building, 333 Guadalupe St., Austin,
Texas 78701. The pre-hearing conference will be held for the following purposes:
(1) ruling on the motions for admission of parties; and, (2) such other
matters as may aid in the simplification of the proceedings. Subsequent
pre-hearing conferences will be scheduled as necessary to rule on other matters
as may aid in the simplification of the proceedings. Conduct of the Hearing
Each page of any exhibit offered in evidence at a hearing before the Commissioner
of Insurance, including prefiled testimony, must be numbered consecutively
at the center of the bottom margin, be on 8½" by 11" paper, and must
be three-hole-punched along the left margin. The front page of each exhibit
should indicate that the exhibit would be part of the record of a public
hearing before the Commissioner of Insurance and should identify the subject
of the hearing, the docket number, the date of the hearing, and the party
offering the exhibit. On the front page, the party offering the exhibit should
also describe the exhibit and leave a space for numbering the exhibit. For
example: Public Hearing before the Department of Insurance Subject of Hearing:
Docket No.:__________ Date: __________ Party: _____________________________
Exhibit # ______ Description of Exhibit __________________ All deadlines
in this notice are subject to change at the Commissioner's discretion to
the extent permitted by statute and rule.
Issued in Austin, Texas, on December 31, 1996.
TRD-9618779
Caroline Scott
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: December 31, 1996
Correction of Errors
The Texas Natural Resource Conservation Commission adopted new 30 TAC §§213.1-213.4.
The rules appeared in the December 17, 1996, issue of the
Texas Register
(21 TexReg 12125).
On page 12164, §213.3, Definitions. The definitions of Edwards Aquifer
and Edwards Aquifer protection plan need to be separated to show that there
are two different definitions.
On page 12166, §213.3, Static hydrocarbon, the degree symbol has been
replaced with the letter o. The definition should read “...20 degrees
centigrade.”
On page 12166, §213.4. Application Processing and Approval. In subsection
(a) next to the last sentence reads “...is distributed to affected
incorporated cities and groundwater conservation districts to be...”,
but should say “is distributed to affected incorporated cities, groundwater
conservation districts” and counties to be....”
On page 12172, §213.5. Required Edwards Aquifer Protection Plans,
Notification, and Exemptions. In §213.5(d)(1)(B) the sentence reads “...150
feet from any domestic, industrial, or irrigation well....” but should
say “...150 feet from any domestic, industrial, or irrigation well...”
On page 12172, §213.5(e)(1) the last sentence reads “...for
disposal within hours of the spill.” but should say “...for disposal
within 24 hours of the spill.”
The Texas Natural Resource Conservation Commission proposed new 30 TAC
§§106.221-106.229. The rules appeared in the December 17,
1996, issue of the
Texas Register
(21 TexReg
12063).
On page 12064, §106.224(8)(B), the reference to subparagraph (D) in
the first paragraph was indented, such that the reference appeared to be
subparagraph (D).
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing
an opportunity for written public comment on the listed Agreed Orders (AOs)
pursuant to the Health and Safety Code, the Texas Clean Air Act (the Act),
Chapter 382, §382.096. The Act, §382.096 requires that the TNRCC
may not approve these AOs unless the public has been provided an opportunity
to submit written comments. Section 382.096 requires that notice of the proposed
orders and of the opportunity to comment must be published in the Texas
Register no later than the 30th day before the date on which the public
comment period closes, which in this case is February 8, 1997. Section 382.096
also requires that the TNRCC promptly consider any written comments received
and that the TNRCC may withhold approval of an AO if a comment indicates
the proposed AO is inappropriate, improper, inadequate, or inconsistent with
the requirements of the Act. Additional notice is not required if changes
to an AO are made in response to written comments.
A copy of each of the proposed AOs is available for public inspection
at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building
C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable
Regional Office listed as follows. Written comments about these AOs should
be sent to the enforcement coordinator designated for each AO at the TNRCC's
Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received
by 5:00 p.m. on February 8, 1997. Written comments may also be sent by facsimile
machine to the enforcement coordinator at (512) 239-1893. The TNRCC enforcement
coordinators are available to discuss the AOs and/or the comment procedure
at the listed phone numbers; however, §382.096 provides that comments
on the AOs should be submitted to the TNRCC in writing.
(1) COMPANY: Craig Baker Marble Co., Inc.; DOCKET NUMBER: 96-1450-AIR-E;
ACCOUNT NUMBER: HG-3504-I; LOCATION: Barker, Harris County, Texas; TYPE
OF FACILITY: cultured marble manufacturing plant; RULE VIOLATED: 30 TAC
§116.110(a) and the Act, §382.0518(a) and §382.085(b), by
operating a cultured marble manufacturing plant without first obtaining a
permit or satisfying the conditions of a standard exemption; PENALTY: $0;
ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500.
(2) COMPANY: Duplan Paint and Body; DOCKET NUMBER: 96-1261-AIR-E; ACCOUNT
NUMBER: GB-0531-G; LOCATION: Texas City, Galveston County, Texas; TYPE OF
FACILITY: auto paint and body shop; RULE VIOLATED: 30 TAC §115.422(1)(A)
and the Act, §382.085(b), by failing to install and operate a system
which totally encloses spray guns, cups, nozzles, bowls, and other parts
during washing, rinsing, and draining procedures; 30 TAC §115.422(2)
and the Act, §382.085(b), by failing to install and operate paint guns
with at least 65% transfer efficiency; 30 TAC §115.426(a)(1)(A) and
the Act, §382.085(b), by failing to maintain Material Safety Data Sheets
that document the Volatile Organic Compound content, composition, solid
content, and other relevant information regarding each coating and solvent
used in the shop sufficient to document continuous compliance with applicable
emission limits; 30 TAC §115.426(a)(1)(B) and the Act, §382.085(b),
by failing to maintain records of the quantity and type of each coating
and solvent consumed during the specified averaging period inspection; and
30 TAC §116.110 and the Act, §382.0518(a) and §382.085(b),
by constructing an auto paint and body shop without obtaining a permit or
qualifying for a standard exemption; PENALTY: $350; ENFORCEMENT COORDINATOR:
Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1423, (713) 767-3500.
(3) COMPANY: FP&M Services, Inc.; DOCKET NUMBER: 96-1467-AIR-E; ACCOUNT
NUMBER: HX-0806-R; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY:
sandblasting and surface coating operations plant; RULE VIOLATED: 30 TAC
§116.110(a) and the Act, §382.0518(a) and §382.085(b), by
conducting surface coating and sandblasting operations without obtaining
a permit or complying with applicable standard exemptions; PENALTY: $0;
ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500.
(4) COMPANY: Nooney's Auto Sales; DOCKET NUMBER: 96-1387-AIR-E; ACCOUNT
NUMBER: HG-9956-T; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY:
used car dealership; RULE VIOLATED: 30 TAC §114.1(c)(1) and (2) and
the Act, §382.085(b), by offering for sale a vehicle with missing and
inoperable emission control systems or devices; PENALTY: $350; ENFORCEMENT
COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1423, (713) 767-3500.
(5) COMPANY: Rick Austin Automotive; DOCKET NUMBER: 96-1477-AIR-E; ACCOUNT
NUMBER: HG-9813-T; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY:
used automobile dealership; RULE VIOLATED: 30 TAC §114.1(c)(1) and
(2) and the Act, §382.085(b), by offering for sale two vehicles with
missing and inoperable emission control systems or devices; PENALTY: $350;
ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500.
Issued in Austin, Texas, on January 3, 1997.
TRD-9700062
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Filed: January 3, 1997
DATE OF MEETING: Monday, January 13, 1997 at 2:00 p.m.
STREET LOCATION: Texas A&M University -Corpus Christi Natural Resource
Center Room 1003 6300 Ocean Drive
CITY LOCATION: Corpus Christi, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30
p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
DATE OF MEETING: Tuesday, January 14, 1997 at 2:00 p.m.
STREET LOCATION: John Gray Institute Auditorium
855 Florida Avenue
CITY LOCATION: Beaumont, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30
p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
DATE OF MEETING: Wednesday, January 15, 1997 at 9:30 a.m.
STREET LOCATION: Auditorium
7411 Park Place Boulevard
CITY LOCATION: Houston, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 9:30-10:00
a.m. and public input will be received from 10:00-11:30 a.m. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
DATE OF MEETING: Wednesday, January 15, 1997 at 1:00 p.m.
STREET LOCATION: South Plains Association of Governments Board Room
1323 58th Street
CITY LOCATION: Lubbock, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 1:00-1:30
p.m. and public input will be received from 1:30-3:00 p.m.. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
DATE OF MEETING: Wednesday, January 15,1997 at 3:00 p.m.
STREET LOCATION: City Hall Council Chambers
300 West Cotton Street
CITY LOCATION: Longview, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 3:00-3:30
p.m. and public input will be received from 3:30-5:00 p.m. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
DATE OF MEETING: Thursday, January 16, 1997 at 2:00 p.m.
STREET LOCATION: Tenth Floor Conference Room
Number 2 Civic Center Plaza
City Hall
CITY LOCATION: El Paso, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30
p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
DATE OF MEETING: Thursday, January 16, 1997 at 2:00 p.m.
STREET LOCATION: Farmers Branch City Council Chambers
13000 William Dodson Parkway
CITY LOCATION: Farmers Branch, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30
p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
DATE OF MEETING: Friday, January 17, 1997 at 2:00 p.m.
STREET LOCATION: Alamo Area Council of Governments
118 Broadway Avenue Suite 400
CITY LOCATION: San Antonio, Texas
The Texas Natural Resource Conservation Commission will consider public
comment regarding proposed revisions recently published by the United States
Environmental Protection Agency concerning the National Ambient Air Quality
Standards for Ozone and Particulate Matter, Interim Implementation Policy,
and Designation of Reference and Equivalent Methods for Ambient Air Quality
Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30
p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited
amount of time the number of speakers and maximum time allotted to speakers
may be limited.
Issued in Austin, Texas, on January 3, 1997.
TRD-9700083
Douglas Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: January 3, 1997
Notice of Application for Approval of Special Amortization Rates
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on December 23, 1996, for approval of special amortization
rates pursuant to the Public Utility Regulatory Act (PURA), Texas Civil Statutes,
Article 1446c-0, §3.051(b), and §3.151(a) (Vernon Supplement 1996).
The following is a summary of the application.
Docket Title and Number. Application of West Plains Telecommunications,
Inc. for Approval of Special Amortization for Step-by-Step Switching Equipment,
and Associated Crossbar, Radio and Circuit Equipment. Docket Number 16828.
The Application. In Docket Number 16828, West Plains Telecommunications,
Inc. requests approval of special amortization rates for the retirement of
electro-mechanical (step-by-step) switching equipment, and associated crossbar,
radio, and circuit equipment in its five exchanges.
Persons who wish to comment upon the action sought should contact the Public
tility 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. Hearing-
and speech-impaired individuals with text telephone (TTY) may contact the
Commission at (512) 936-7136 on or before February 3, 1997.
Issued in Austin, Texas, on January 3, 1997.
TRD-9700071
Paula Mueller
Secretary of the Commission
Public Utility Commission of Texas
Filed: January 3, 1997
On December 30, 1996, MCI Telecommunications Corporation and MCI Metro
Access Transmission Services, Incorporated (MCI) filed a proposed interconnection
agreement with Southwestern Bell Telephone Company (SWB), seeking commission
approval of the interconnection agreement under the Federal Telecommunications
Act of 1996 (FTA96) (Public law Number 104-104, 110 Statute 56 (1996), (to
be codified at 47 United States Code §§151 et seq), and the Public
tility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statute Annotated,
Article 1446c-0 Vernon Supplement 1996). The interconnection agreement was
filed in compliance with the Arbitration Award issued by the commission's
FTA96 §252 Arbitration Panel in Docket Number 16285. The filed interconnection
agreement is available for public inspection at the commission's offices
in Austin, Texas.
FTA96 authorizes the commission to review and approve any interconnection
agreement adopted pursuant to arbitration. Pursuant to FTA96 §252(e)(2)
the commission may reject any agreement only in the particular circumstances
set forth in the statute. 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 30 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 interconnection
agreement by filing 18 copies of the comments with the commission's filing
clerk. A copy of the comments should be served on MCI and SWB. The comments
should specifically refer to Docket Number 16285. The comments shall be filed
no later than January 15, 1997, and shall include:
(1) a detailed statement of the person's interest 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)
does not meet the requirements of FTA96 §251, including any applicable
FCC regulations implementing §251; or
(B) is not consistent with the standards established in FTA96 §252(d);
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 filed agreement.
Persons with questions about this docket or who wish to comment on the
proposed interconnection agreement 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 16285.
Issued in Austin, Texas, on January 3, 1997.
TRD-9700072
Paula Mueller
Secretary of the Commission
Public Utility Commission of Texas
Filed: January 3, 1997
Texas Department of Health
Department of Information Resources
Texas Department of Insurance
Texas Natural Resource Conservation Commission
Public Input Concerning National Ambient Air Quality Standards
Public Utility Commission of Texas
Public Notice of Interconnection Agreement
Texas Workforce Commission