TITLE in-addition

Texas State Board of Public Accountancy

Request for Proposal

The Texas State Board of Public Accountancy requests proposals from lawyers and or law firms interested in representing the Board in connection with in certain matters under of the Public Accountancy Act of 1991, Art. 41a-1, TEXAS REVISED CIVIL STATUTE ANNOTATED (Vernon's 1998) as amended ("the Act"). This RFP is issued for the purpose of establishing a panel from which the Board will select appropriate counsel for representation and advice on legal issues in connection with complex questions of the interpretation of the Act and the unlicensed practice of public accountancy. The Board may call upon this panel during the time frames first, beginning September 1, 1997 to August 31 1998 and second, beginning September 1, 1998 to August 31 1999.

Description: The Board is given the authority under the Act to request that the District Court enjoin certain conduct constituting the unlicensed practice of public accountancy. The Board instituted such a suit in 1995 against American Express, Texas State Board of Public Accountancy v. American Express Tax & Business Service, Number 95-07496 (District Court, Travis County, Texas) The Board is seeking legal advice in connection with this case and potentially related matters. Respondents should have experience in complex commercial trials, especially in Travis County District Court, experience working with expert witnesses and a sophisticated understanding of the regulation of the professions in Texas. Expertise in accounting will be considered an additional benefit.

Respondents: Responses to the RFP should include at least the following information: (1) a description of the firm's and/or each attorney's qualifications for performing the legal services, including any prior experience in complex commercial cases and appropriate information about efforts made by the firm to encourage and develop the participation of minorities and women; (2) fee information and billable expenses, either in the form of hourly rates for each attorney, comprehensive flat fees or other fee arrangements directly related to the achievement of specific goals and cost controls; (3) disclosures of conflict of interest, identifying each and every matter the firm has within the past calendar year represented any entity or individual with an interest adverse to the State of Texas, its agencies, boards and universities; (4) confirmation of willingness to comply with the policies of the Board and the Attorney General of the State of Texas.

The Attorney General has stated that it must approve the agreement between the Board and its counsel. The Attorney General has prescribed a form contract for such agreements and has indicated that he will not approve any variant of this form contract absent exceptional circumstances.

Please submit two copies of any responses to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701. Copies of additional materials concerning this RFP may be obtained by qualified bidders upon request at (512) 305-7848. The deadline for submission of responses is July 12.

TRD-9809212

William Treacy

Executive Director

Texas State Board of Public Accountancy

Filed: June 8, 1998


Agriculture Resources Protection Authority

Notice of Taking Public Comments on State Pesticide Regulation

In accordance with the Texas Agriculture Code, §76.009(i) and policies adopted by the Agriculture Resources Protection Authority (the Authority), notice is hereby provided that the Authority will take public comment on the status of the state's pesticide regulation efforts at it's next regularly scheduled meeting. The meeting will be held on Thursday, June 25, beginning at 10:00 a.m., at the offices of the Texas Department of Agriculture located at 1700 N. Congress, Room 911, Austin, Texas. For more information, please contact Donnie Dippel at (512) 463-1093.

TRD-9809324

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 10, 1998


Texas Commission for the Blind

Requests for Proposals-Rehabilitation Project Grants

The Texas Commission for the Blind is announcing the availability of funds for making grants to external nonprofit or public entities for the purpose of expanding or improving services to individuals who are blind or severely visually impaired. Excluded from this notice are funds for the purpose of providing welfare services and services for children provided by regularly established educational agencies and state authorities.

Purpose of Funds : Grants are available for projects that fall in one or more of the following funding categories: Category 1 -- Projects that focus on assisting individuals who are blind or severely visually impaired to enter into competitive, integrated employment. Category 2 -- Projects that focus on assisting individuals over the age of 55 who are blind or severely visually impaired. Category 3 -- Projects that focus on assisting children who are blind or severely visually impaired. Category 4 -- Other projects that support or provide services to individuals who are blind or severely visually impaired.

Estimated Range of Awards : $50,000-$300,000 per grant awarded. (The Commission is not bound by any estimates in this notice.)

Approximate matching requirements : Generally, 25% or more of the project budget is expected to come from the applicant in the form of nonfederal match. In-kind contributions cannot be considered as part of the matching requirements of any grant.

Maximum Award : In no case will the Commission make an award greater than $300,000 (including match) for the life of the grant.

Project Period : Project proposals must be for a period no longer than two years. A continuation request shall be required after the first year. Preference will be given to projects of less than two years duration.

Deadline for Transmittal of Applications : July 24, 1998.

To Obtain Applications or Information : All inquiries should be directed to Bill Agnell, Program Specialist, Texas Commission for the Blind, 4800 N. Lamar, Suite 220, Austin, Texas 78756, (512) 459-2586, e-mail: billa@tcb.state.tx.us. The preferred method for requesting applications is to FAX your request to Bill Agnell at (512) 459-2592.

TRD-9809247

Ernest Pereyra

Deputy Director, Administration and Finance

Texas Commission for the Blind

Filed: June 9, 1998


COASTAL COORDINATION COUNCIL

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of June 2, 1998, through June 9, 1998:

FEDERAL AGENCY ACTIONS:

Applicant: Marathon Ashland Petroleum, LLC; Location: On the north side of Loop 197 between 6th street and 14th Street in the City of Texas City, Galveston County, Texas, into the Texas City Ship Channel in Waterbody Segment Code Number 2437 and the Lower Galveston Bay in Waterbody Segment Code Number 2439 of the Bay and Estuaries; Project Number: 98-0241-F1; Description of Proposed Action: The applicant requests modifications to and renewal of a National Pollutant Discharge Elimination System permit to expire October 31, 2003; Type of Application: Environmental Protection Agency NPDES permit #TX0003697 under the Clean Water Act (33 U.S.C.A. §1251).

Applicant: Texas Oil & Gathering, Inc.; Location: On FM 2917 at the intersection of the Missouri Pacific Railroad and northeast of the City of Liverpool, Brazoria County, Texas, to Chocolate Bayou Tidal in Waterbody Segment Code Number 1107 of the San Jacinto Brazos Coastal Basin; Project Number: 98-0246-F1; Description of Proposed Action: The applicant requests a National Pollutant Discharge Elimination System permit to expire September 1, 2003; Type of Application: Environmental Protection Agency NPDES permit application #TX0114995 under the Clean Water Act (33 U.S.C.A. §1251).

Applicant: Freeport Marina and Supply, Inc.; Location: On the Gulf Intracoastal Waterway, 300 Casco Road, in Freeport, Brazoria County, Texas; Project Number: 98-0244-F1; Description of Proposed Action: The applicant proposes to construct a recreational marina with associated support facilities. The project will impact 3.5 acres of wetlands, 1.9 acres of shallow water habitat, and approximately half of an existing 2.0-acre boat slip. The marina basin will occupy approximately 9.2 acres and will be excavated to a depth of -10 feet Mean Low Tide. Approximately 70,000 cubic yards of material will be mechanically excavated; Type of Application: U.S.C.O.E. permit application #21296 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Terramar Bay Corporation; Location: On West Bay, Lots 1 through 19, Chiquita Street, Terramar Beach Subdivision, West Galveston Island, Galveston County, Texas; Project Number: 98-0247-F1; Description of Proposed Action: The applicant proposes to dredge a canal and basin adjacent to an existing concrete bulkhead. The canal will be approximately 50 feet wide by 1,050 feet in length and the basin will be approximately 300 feet by 150 feet. Approximately 23,600 cubic yards of material will be mechanically dredged; Type of Application: U.S.C.O.E. permit application #17875(01) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Shell Offshore, Inc.; Location: In the Galveston Anchorage Area, Galveston Block 182, offshore Texas, Gulf of Mexico; Project Number: 98-0248-F1; Description of Proposed Action: The applicant proposes to install and maintain structures, to drill a well and produce the well for oil/gas. The structures will be further than two nautical miles from any other permitted structure in the anchorage area; Type of Application: U.S.C.O.E. permit application #21256 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: CNG Producing Company; Location: In State Tract 298, approximately 2.19 miles north from Clifton Beach, Galveston County, Texas; Project Number: 98-0249-F1; Description of Proposed Action: The applicant proposes to install, operate and maintain a structure for the production of oil and gas. The proposal includes two 3-inch flowlines to be placed between this well location and the existing Wood Energy platform in State Tract 259; Type of Application: U.S.C.O.E. permit application #21247 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

FEDERAL AGENCY ACTIVITIES:

Applicant: Gulf of Mexico Fishery Management Council; Project Number: 98-0245-F2; Description of Proposed Activity: Pursuant to Section 305(b)(1)(A and B) of the Magnuson Stevens Fishery Conservation and Management Act, the applicant proposes a "Generic Amendment Addressing Essential Fish Habitat Requirements in Fishery Management Plans of the Gulf of Mexico." The amendment identifies and describes essential fish habitat (EFH) for species managed by the Council. It also identifies threats to EFH and discusses conservation and enhancement measures for EFH. No management measures are proposed at this time.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495.

TRD-9809315

Garry Mauro

Chairman

Coastal Coordination Council

Filed: June 10, 1998


Notice of Availability and Request for Public Comment

The Coastal Coordination Council (Council) announces the availability of a draft document describing the Texas Coastal Nonpoint Source Program for public review and comment. The program is being developed under §6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (Public Law 101-508, Title VI, §6217, November 5, 1990, 104 Statutes 1308-314, codified at 16 U.S.C. §1455b). This section requires Texas and all other states administering federally approved coastal management programs to develop a program for implementing certain measures to manage nonpoint sources of pollution to coastal waters. The proposed Texas Coastal Nonpoint Source Program would, as required by §6217, be closely coordinated with other state water quality programs, including those under the Clean Water Act. Accordingly, lead agencies for preparation of the draft document have been the Texas Natural Resource Conservation Commission and the State Soil and Water Conservation Board. The Texas Department of Transportation and the General Land Office also contributed to the draft document.

Written comments will be accepted for a period of 30 days from the date this notice is published. A revised draft of the document will then be produced taking these comments into consideration. The Council anticipates making the revised draft available for public review and comment later this year. When the final document describing the Texas Coastal Nonpoint Source Program is approved by the Council, it will be submitted to the National Oceanographic and Atmospheric Administration and the U.S. Environmental Protection Agency for approval.

The draft document is available either via the internet at www.glo.state.tx.us/coastal/nps.html or in hard copy by contacting Janet Fatheree, Council Secretary, at (512) 463-5385. Comments on the document should be submitted to Ms. Fatheree, General Land Office, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495; by Fax: (512) 475-0680. The deadline for comments is 5:00 p.m., Monday, July 20, 1998.

TRD-9809270

Garry Mauro

Chairman

Coastal Coordination Council

Filed: June 9, 1998


Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective July 1, 1998

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TRD-9809047

Martin Cherry

Chief, General Law

Comptroller of Public Accounts

Filed: June 4, 1998


Texas Commission for the Deaf and Hard of Hearing

Requests for Proposals

Direct Services, Health and Human Services, Region II

The Texas Commission for the Deaf and Hard of Hearing (TCDHH) is requesting contract proposals for projects to provide services to eligible individuals who are deaf or hard of hearing within the Health and Human Service Region 2. A total of $6240.00 is available for the following service categories: communication access services (CAS); information and referral services (I/R); and/or senior citizens program (SCP). The intent is to award a minimum of one contract for the region. Funding for these services are for the 1999 Fiscal Year which begins on September 1, 1998.

[Communication Access Services: interpreting services (sign language and oral) and Computer Assisted Realtime Transcription (CART). This will include any Inter-agency Communication Access Contracts that may be entered into by TCDHH, however, only the ability to access these funds will be included in any awards. Information & Referral: may include basic cost to access E-mail services.]

Region 2 covers 30 counties. They are as follows: Cottle, Hardenen, Foard, Wilbarger, Wichita, Clay, Montagure, Knox, Baylor, Archer, Kent, Stonewall, Haske, Thockmorton, Young, Jack, Scurry, Fisher, Jones, Schakelford, Stephens, Mitchell, Nolan, Taylor, Callahan, Eastland, Ruanelo, Coleman, Brown, and Comanche.

Eligible Applicants. Any agency, organization, or individual who can demonstrate the capability to provide the services identified to individuals who are deaf or hard of hearing.

Proposal Requirements. Each applicant must, at a minimum, provide the following by narrative or documentation: A. description of their operation setup; B. description of the need for funds for each service category for which funding is requested; C. state goals and outcomes for proposed services; D. demonstrate having the necessary skills, knowledge, and expertise for the planning, development, and implementation of needed services; E. describe the location and the facilities for the coordination and delivery of services; F. state the number of units of service that funds will provide; G. Provide a cost per unit of service within the guidelines as outlined in TCDHH rules, §183.830; H. provide the projected number of persons that will utilize the services; I. submit a fiscally conservation budget for the provision of these services to the Commission for review; J. specify the person(s) coordinating each activity for which funds are being requested, and include resume(s); K. provide assurances of willingness to cooperate with the Commission regarding its goals, standards, requirements, and recommendations, and interagency communication access contracts; L. State that they will maintain records of services provided and furnish the Commission with reports, as required, in the format prescribed by the Commission; M. describe how they will maintain the confidentiality of records and services relating to clients in accordance with any and all applicable state and federal rules, laws, and regulations; N. Assure that they will acknowledge TCDHH funding on publications, letterhead, materials, etc. (TCDHH artwork will be supplied); O. provide assurance of involvement of deaf or hard of hearing individuals in the provision and oversight of services; P. assure that they will utilize, to the highest degree possible, local community and other resources; and Q. Provide letters of endorsement and/or cooperation especially from individuals and organizations in their service area.

Proposal Evaluation Criteria. Proposals will be evaluated by the Commission on the following basis: Points I. Relevance and Importance of Programs (15) - The proposed plan is responsive to the program and addresses a significant need of the target population. II. Documented and demonstrated ability of applicant to serve the target population through the programs (30) - The key personnel has appropriate training and experience in serving the target population and to carry out the services; - The commitment of staff time is adequate to conduct all proposed activities; - Past performance and accomplishments of the applicant indicate an ability to serve individuals eligible for the program. III. Documented details of the plan of operation (30) - The proposed plan is well documented and provides sufficient details regarding how, when and where the project will be implemented and anticipated timeline. - The proposed plan is adequate to accomplish the purpose of the program and to ensure proper and efficient management of the project; - There is a clear description of how the applicant will identify and serve target populations. IV. Budget and cost effectiveness (25) - The budget for the project is adequate to support the proposal activities - The costs are reasonable in relation to the objectives of the programs - The budget for subcontract (if appropriate) is detailed and - The budget narrative is detailed as to how the budget will be spent.

Contract Award and Allocation Procedures. Final selection will be made by the Commission, based on a review committee's evaluation of each proposal using the proposal evaluation criteria. Awards will not necessarily be made to the applicants offering the lowest cost.

The Commission reserves the right to accept or reject any or all proposals submitted, as well as to refuse any or all renewals with previous contractors.

The Commission is under no legal requirement to execute a resulting contract on the basis of this advertisement and intends the materials provided to serve only as a means of identifying the various elements which the Commission considers essential to the delivery of direct services. This request does not commit the Commission to pay any costs incurred prior to a execution of a contract.

The Commission will announce the contracts awards for FY 1999 by the Commission's last open meeting before the new fiscal year. The contracted services shall begin on September 1, 1998 unless otherwise stated.

Contracts will include the possibility for amendments to permit additional funds, if such funds become available, or re-allocation of funds during the contract period if determined necessary by the Commission.

Funding will be determined by using a Commission-approved formula in the distribution of funds among selected and approved contractors by region. Multiple contracts may be awarded for the region.

Additional Information. A. Preference for funding will be given to: I. providers of multiple services; II. providers who serve individuals who are deaf and individuals who are hard of hearing III. providers who can serve the largest state areas within a region; and IV. providers who are certified as Historically Underutilized Businesses (HUBs). B. Funded services are intended to serve the maximum number of people in the maximum number of situations possible; C. Funds from TCDHH should not be viewed as taking the place of funds from federally or otherwise mandated funding sources but should be used as a supplement; and D. Funded communication access services are limited to legal, government, economic, medical and special situations, and when no other funding source is available. E. Contractors are required to attend the annual service provider training sessions.

Conditions for Termination of Contract. Failure to comply with contract requirements may result in the termination of the contract.

Guidelines for Submitting Proposals. Each applicant will provide a minimum of 4 copies of the proposal. Proposals are to be addresses to Billy Collins, Director of Programs, Texas Commission for the Deaf and Hard of Hearing, 4800 N. Lamar Blvd., Suite 310, Austin, Texas 78756. Deadline for the receipt of proposals in the offices of the Texas Commission for the Deaf and Hard of Hearing is 5:00 p.m. July 2, 1998. Proposals received after the established deadline cannot be considered for selection. Faxed submissions will not be accepted.

Contract Persons. Further information regarding the provision of the above-stated services and requests for application packets may be directed to Billy Collins, Director of Programs, or Margaret Susman, Texas Commission for the Deaf and Hard of hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756, (512) 407-3250 (voice), E-mail: billyc@tcdhh.state.tx.us

TRD-9809085

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: June 5, 1998


Early Intervention and Prevention

The Texas Commission for the Deaf and Hard of Hearing (TCDHH) announces the availability of up to $20,000 to develop and implement a minimum of two projects to promote early identification, intervention and prevention of hearing loss. Grants will range in size from $5,000 to $10,000. TCDHH is requesting proposals for the provision of services including, but not limited to, the production and dissemination of information that raises awareness of deafness/hearing loss and informs the public of the existence of available services; the dissemination of information regarding the causes and prevention of hearing loss; and the early detection of hearing loss. Methods that may be employed include, but are not limited to, the creation of brochures, public service announcements, or other means of dispersing the desired information, and the provision of hearing screening, or referral to state agencies that conduct hearing screening. Proposed projects should be designed to serve as models for other service providers throughout the State and may serve people of all ages. Proposals that demonstrate the respondents' ability and willingness to work with associations or organizations representing persons who are deaf or hard of hearing will be viewed favorably. Proposed projects should increase awareness of available state and local supports and services for persons who are deaf and hard of hearing. The projects should ideally target traditionally undeserved populations. Applicants that have access to non-State matching funds are encouraged to apply. These services are for the Fiscal Year 1999 which begins September 1, 1998. The Commission reserves the right to accept or reject any or all proposals submitted.

Eligible Applicants. Any agency, organization, or individual who can demonstrate in a written proposal the capability to provide the services identified to individuals who are deaf or hard of hearing.

Proposal Requirement. Each applicant must submit an abstract of no more than one page outlining the proposal project. Each applicant must submit a typed project narrative of not more than 10 double-spaced pages detailing: I. The applicant's operations setup. II. A plan for developing and implement a pilot project to provide services related to early identification, intervention and prevention of hearing loss. II A fiscally conservation budget showing the anticipated costs of the project and the amount of funds requested, using the budget form contained in the application package. IV. Plans for evaluating the proposed project. This project evaluation plan should describe measurable objectives, methods that will be used to measure the objectives, a process through which the program can be reviewed and strengthened, and a method through which the applicant will inform other service providers of the results of the program.

Proposals Evaluation Criteria. Proposals will be reviewed and recommendations by the Commission on the following basis: I. Relevance and Importance of Project (15) The proposed plan is responsive to the program and addresses a significant need of the target population. II. Documented and demonstrated ability of applicant to serve the target population through the project (30) - The key personnel has appropriate training and experience in serving the target population and to carry out the services; - The commitment of staff time is adequate to conduct all proposed activities; - past performance and accomplishments of the applicant indicate an ability to serve individuals eligible for the program. III. Documented details of the plan of operation (30) -The proposed plan is well documented and provides sufficient details regarding how, when and where the project will be implemented and anticipated timeline. -The proposed plan is adequate to accomplish the purpose of the program and to ensure proper and efficient management of the project; - There is a clear description of how the applicant will identify, select and serve project participants who are traditionally under served individuals, and - Project can be duplicated in other areas of that state. IV. Budget and cost effectiveness (25) - The budget for the project is adequate to support the proposal activities - The costs are reasonable in relation to the objectives of the project - The budget for subcontract (if appropriate) is detailed and - The budget narrative is detailed as to how the budget will be spent.

Additional Information. I. Preference will be given to projects than can be replicated in other areas of the state. II. Awards are intended to serve the maximum number of people in the maximum number of situations possible. III. Recognition must be given to TCDHH on all materials and documentation developed or associated with this program. IV. Awards will be paid on a quarterly basis upon receipt of invoice and a quarterly progress report.

Grant Award and Allocation Procedures. The Commission has authority to accept or reject any or all proposals based on the established proposal evaluation criteria. Final selection of awards will be made by the Commission, based on a review committee's evaluation of each proposal using the published proposal evaluation criteria. Awards will not necessarily be made to the applicant offering the lowest cost.

The Commission is under no legal requirement to execute a resulting contract on the basis of this advertisement and intends the materials provided only as a means of identifying the various elements which the Commission considers basic to the delivery of the requested services. The Commission will base its choice on demonstrated competence, qualifications, and evidence of superior conformance to established criteria. This request does not commit the Commission to pay any costs incurred prior to execution of a contract.

The Commission will announce the contract awards for the EIP program during the Commission's last scheduled meeting of Fiscal Year 1998. The contracted services shall begin September 1, 1998 and end on August 31, 1999.

Contracts include the possibility for amendments to permit additional funds, if such funds become available, or re-allocation of funds during the contract period if determined necessary by the Commission.

Contact Person. Requests for required application packets and for further information regarding the provision of the above-stated services may be directed to Billy Collins, Director of Programs, Texas Commission for the Deaf and Hard of Hearing, 4800 N. Lamar Blvd., Suite 310, Austin, Texas 78756. Telephone: (512) 407-3250 voice and (512) 407-3251 tty.

Deadline for Submission of Proposals. Deadline for the receipt of proposals in the offices of the Texas Commission for the Deaf and Hard of Hearing is July 2, 1998 5 p.m. Proposals received after 5:00 p.m. will not be considered. Proposals will not be accepted via facsimile. Proposals are to be addressed to Billy Collins, Director of Programs, Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756.

Conditions for Termination of Contract. Failure to comply with contract requirements may result in the termination of the contract.

TRD-9809086

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: June 5, 1998


Mentoring Projects

A Request for Proposals is issued for bids for possible Mentor (Interpreter Intern) Projects to be conducted during Fiscal Year 1999. An anticipated $50,000 is available to fund a minimum of five grant awards throughout the state. The funds for any awards will be available September 1, 1998 through August 31, 1999.

Contact Persons:Contacts may be directed to Billy Collins, Director of Programs, or Margaret Susman, Office Administrator at TCDHH, (512) 407-3250 Voice and (512) 407-3251 TTY.

Deadline for Proposals: Proposals must be submitted to TCDHH and received in the office by 5:00 p.m., July 2, 1998. Proposals are to be addressed to Billy Collins, Director of Programs, Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar Blvd., Suite 310, Austin, Texas 78756.

Purpose of Program:The funds of this program are for projects that successfully bid to provide a method of mentoring and/or training for persons who have at least a Level I BEI certification. The purpose of the project is to provide learning experiences and skill building for interpreter interns thus enabling them to upgrade their skill level and possibly obtain higher levels of certification. The intern will accompany a more skilled interpreter, Level III or higher, in all phases of the proposed program for the purpose of obtaining appropriate guidance, feedback, and enhancement.

Other Information: * Training should provide mentor experiences that would not otherwise be available to the individual without a higher level of certification. * Training should provide a primary focus on community based experiences. Highly technical, medical and legal situations should be included. * Projects providing mentor training to rural areas are preferred. * Projects for remote sites and projects providing a series of advanced skill building workshops are encouraged. * A maximum of $10,000 is available for any project.

Requirements of the project will include in detail: * Types of training experiences to be offered. * Proposed project goals and outcomes. * Documentation of entry and exit assessments of each person being mentored * Method of selection and qualification of persons to be involved with the project. * Anticipated number of participants in the project. * Proof of certification of all persons involved in the project. * Proposed evaluation of project. * Anticipated costs of the project. * Assurances of adhering to the BEI Code of Ethics and to the rules and guidelines as set forth by the Commission. * Provision of at least one workshop on skill enhancement open to interpreters statewide to be co-sponsored with TCDHH. * Planned match of funds if available.

Method of Selection: Points I. Relevance and Importance of Project (15) The proposed plan is responsive to the program and addresses a significant need of the target population. II. Documented and demonstrated ability of applicant to serve the target population through the project (30) - The key personnel has appropriate training and experience in serving the target population and to carry out the services; - The commitment of staff time is adequate to conduct all proposed activities; - past performance and accomplishments of the applicant indicate an ability to serve individuals eligible for the program. III. Documented details of the plan of operation (30) -The proposed plan is well documented and provides sufficient details regarding how, when and where the project will be implemented and anticipated timeline. -The proposed plan is adequate to accomplish the purpose of the program and to ensure proper and efficient management of the project; - There is a clear description of how the applicant will identify, select and serve project participants who are traditionally underserved individuals, and - Project can be duplicated in other areas of that state. IV. Budget and cost effectiveness (25) - The budget for the project is adequate to support the proposal activities - The costs are reasonable in relation to the objectives of the project - The budget for subcontract (if appropriate) is detailed and - The budget narrative is detailed as to how the budget will be spent.

Grant Award Procedures:Final selection will be made by the Commission, based on a review committee's evaluation of each proposal using the proposal evaluation criteria.

The Commission reserves the right to accept or reject any or all proposals submitted, as well as to refuse any or all renewals with previous award recipients.

The Commission is under no legal requirement to execute a resulting award on the basis of this advertisement and intends the materials provided to serve only as a means of identifying the various elements which the Commission considers essential to the delivery of services. This request does not commit the Commission to pay any costs incurred prior to execution of an award.

Winning bids will be announced by the last Commission meeting of the Fiscal Year.

TRD-9809084

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: June 5, 1998


Direct Services Providers

The Texas Commission for the Deaf and Hard of Hearing (TCDHH) is requesting new contract proposals for projects to provide services to eligible individuals who are deaf or hard of hearing within the state. The intent is to award limited contracts to additional qualified service providers within each region. Funding available is through the provision of services funded by Inter-Agency Contracts with other state agencies for Communication Access services for the 1999 Fiscal Year which begins on September 1, 1998.

TCDHH has inter-agency contracts with other state agencies for the provision of communication access services. Service providers that contract with TCDHH become eligible to provide and be reimbursed for communication access services to these agencies upon request. All billings and administrative work for these contracts are handled through TCDHH. The state agencies will receive a list of service providers that contract with TCDHH and may use this list to obtain services as they are needed. The amount of money available through the IAC's can vary from agency to agency depending upon the need of the agency and the area of the state that the service is provided.

Bids may also include a proposal for the following service categories if additional funds should become available: communication access services (CAS)*; information and referral services (I/R)**; and/or senior citizens program (SCP). *[Communication Access Services: interpreting services (sign language and oral) and Computer Assisted Realtime Transcription (CART).] **[Info and Referral: may include basic cost to access E-mail services.]

Eligible Applicants. Any agency, organization, or individual who can demonstrate the capability to provide the identified services to individuals who are deaf or hard of hearing.

Proposal Narrative. Each applicant must, at a minimum, provide a one page abstract of the proposed project in addition to detailed narration and documentation as per the following outline:

A. description of the operation setup;

B. description of the need for funds for each service category for which funding is requested;

C. describe a plan of operation with goals and outcomes for proposed services;

D. demonstrate having the necessary skills, knowledge, and expertise for the planning, development, and implementation of needed services;

E. describe the location and the facilities for the delivery of services;

F. state the number of units of service that funds will provide;

G. Provide a cost per unit of service within the guidelines as outlined in TCDHH rules, §183.830;

H. provide the projected number of persons that will utilize the services;

I. submit a fiscally conservation budget for the provision of these services to the Commission for review;

J. specify the person(s) coordinating each activity for which funds are being requested, and include resume(s);

K. provide assurances of willingness to cooperate with the Commission regarding its goals, standards, requirements, and recommendations, and interagency communication access contracts;

L. state that records of services provided will be maintained and furnish the Commission with reports, as required, in the format prescribed by the Commission;

M. describe how the confidentiality of records and services relating to clients in accordance with any and all applicable state and federal rules, laws, and regulations will be maintained;

N. assure that they will acknowledge TCDHH funding on publications, letterhead, materials, etc. (TCDHH artwork will be supplied);

O. provide assurance of involvement of deaf or hard of hearing individuals in the provision and oversight of services;

P. assure that, to the highest degree possible, local community and other resources will be utilized ; and

Q. provide letters of endorsement and/or cooperation especially from individuals and organizations in their service area.

Proposal Evaluation Criteria. Proposals will be evaluated by the Commission on the following basis:

I. Relevance and Importance of Programs - 15 points - The proposed plan is responsive to the program and addresses a significant need of the target population.

II. Documented and demonstrated ability of applicant to serve the target population through the programs -- 30 points -- The key personnel has appropriate training and experience in serving the target population and to carry out the services; The commitment of staff time is adequate to conduct all proposed activities; Past performance and accomplishments of the applicant indicate an ability to serve individuals eligible for the program

III. Documented details of the plan of operation - 30 points --The proposed plan is well documented and provides sufficient details regarding how, when and where the project will be implemented and anticipated timelines. The proposed plan is adequate to accomplish the purpose of the program and to ensure proper and efficient management of the project; There is a clear description of how the applicant will identify and serve target populations.

IV. Budget and cost effectiveness -- 25 points - The budget for the project is adequate to support the proposal activities. The costs are reasonable in relation to the objectives of the programs. The budget for subcontract (if appropriate) is detailed and The budget narrative is detailed as to how the budget will be spent.

Contract Award and Allocation Procedures. Final selection will be made by the Commission, based on a review committee's evaluation of each proposal using the proposal evaluation criteria. Awards will not necessarily be made to the applicants offering the lowest cost.

The Commission reserves the right to accept or reject any or all proposals submitted, as well as to refuse any or all renewals with previous contractors.

The Commission is under no legal requirement to execute a resulting contract on the basis of this advertisement and intends the materials provided to serve only as a means of identifying the various elements which the Commission considers essential to the delivery of direct services. This request does not commit the Commission to pay any costs incurred prior to a execution of a contract.

The Commission will announce the contracts awards for FY 1999 by the Commission's last open meeting before the new fiscal year. The contracted services shall begin on September 1, 1998 unless otherwise stated.

Contracts will include the possibility for amendments to permit additional funds, if such funds become available, or re-allocation of funds during the contract period if determined necessary by the Commission.

Multiple contracts may be awarded for the region.

Additional Information.

A. Preference for funding will be given to:

I. providers of multiple services;

II. providers who serve individuals who are deaf and individuals who are hard of hearing

III. providers who can serve the largest state areas within a region; and

IV. providers who are certified as Historically Underutilized Businesses (HUBs).

B. Funded services are intended to serve the maximum number of people in the maximum number of situations possible;

C. Funds from TCDHH should not be viewed as taking the place of funds from federally or otherwise mandated funding sources but should be used as a supplement; and

D. Funded communication access services are limited to legal, government, economic, medical and special situations, and when no other funding source is available.

E. Contractors are required to attend the annual service provider training session.

Conditions for Termination of Contract. Failure to comply with contract requirements may result in the termination of the contract.

Guidelines for Submitting Proposals. Each applicant will provide a minimum of four copies of the proposal. Proposals are to be addresses to Billy Collins, Director of Programs, Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar Boulevard, Suite 310, Austin, Texas 78756. Deadline for the receipt of proposals in the offices of the Texas Commission for the Deaf and Hard of Hearing is 5:00 p.m. July 2, 1998. Proposals received after the established deadline cannot be considered for selection. Faxed submissions will not be accepted.

Contract Persons. Further information regarding the provision of the above-stated services and requests for application packets may be directed to Billy Collins, Director of Programs, or Margaret Susman, Texas Commission for the Deaf and Hard of hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756, (512) 407-3250 (voice), 512-407-3251 (tty) E-mail: billyc@tcdhh.state.tx.us

TRD-9809254

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: June 9, 1998


Deep East Texas Local Workforce Development Board, Inc.

Request for Proposals for Deep East Texas Workforce Centers

The Deep East Texas Workforce Development Board (DETWDB) is seeking qualified proposers to compete for a contract for the staffing and management of its workforce centers under an RFP process, incorporating, at a minimum, JTPA, JOBS/TANF, and FSE&T. Archetype, Incorporated has been selected as an independent consulting firm to manage the procurement processes for the Board using an RFP process. Copies of the RFP and RFQ may be obtained by faxing a request to Don Shepard, President of Archetype, Incorporated, at (512) 343-7392, or at the backup fax number of (512) 450-0931. Proposals will be accepted until 5:00 P.M. on July 22, 1998 at the offices of Mark Schiffgens, CPA at 940 E. 51st Street in Austin, Texas, 78751. A bidders' conference will be held on June 22, 1998, at 11:00 A.M. at the Lufkin City Hall, Room 202, located at 300 E. Shepherd Avenue in Lufkin, Texas, to release the RFP and answer any questions regarding the procurement process. This bidders' conference is not mandatory and interested parties that are unable to travel to the conference may pose questions via fax at the number provided above until one week before the proposals are due. Answers to questions submitted by individual agencies will be shared, via fax, to all prospective bidders, usually within one week of receipt by Archetype, Inc. DETWDB reserves the right to accept or reject any proposals.

TRD-9809319

Floyd A. Watson

Chief Elected Official, Shelby County Judge

Deep East Texas Local Workforce Development Board, Inc.

Filed: June 10, 1998


East Texas Council of Governments

Request for Proposals for Operation of One Stop Career Centers

The East Texas Workforce Development Area is requesting proposals for the operation of One Stop Career Development centers for a period beginning September 1, 1998, and ending June 30, 1999, with the possibility for extending the subcontracts for a period of up to two additional years. Provision of these services will involve a cost reimbursement subcontract with the East Texas Council of Governments, which serves as the Grant Recipient and Administrative Unit for the East Texas Workforce Development Board.

The purpose of this Request for Proposals is to identify operators of One Stop Career Development Centers as outlined in Texas House Bill 1863, in the cities of Longview, Marshall, Palestine and Tyler. Career center operators will also be responsible for establishing a network of satellite offices in the counties adjoining these cities. The proposer(s) awarded subcontracts will be responsible for operating the career centers and satellites, and for providing the services prescribed for Job Training Partnership Act (JTPA) programs, Food Stamp Employment and Training (FSE&T) programs, Temporary Assistance to Needy Families (TANF) programs and Welfare-to-Work Programs. The proposer(s) will be responsible, in 1999, for the operation of the JTPA Title II-B Summer Youth Employment and Training Program. It is anticipated that for JTPA, $2,249,778 will be available for II-A, $488,063 for Title II-C, $1,475,185 for Title III and $172,992 will be available for the Older Individual Program. It is anticipated that $1,203,382 shall be available for TANF, $408,713 shall be available for FSE&T, and $1,547,327 shall be available for Welfare-to-Work.

The Person to be Contacted Regarding Submission of a Proposal

Persons or Organizations wanting to receive a Request for Proposal should request by letter or by fax. Requests should be addressed to Gary Allen, Section Chief - Planning, Occupational Training Programs, East Texas Council of Governments, 3800 Stone Road, Kilgore, Texas 75662. RFP's will not be released prior to June 9, 1998. Questions concerning the Request for Proposal process should be addressed to Wendell Holcombe, East Texas Council of Governments at (903) 984-8641.

Closing Date for Receipt of Proposals

The anticipated deadline for receipt of proposals shall be July 7, 1998.

The Procedure by Which Subcontracts will be Awarded

Proposals will be numerically rated by a team of independent reviewers and will be considered by the East Texas Workforce Development Board. The decision of the Workforce Development Board will be considered by the East Texas Chief Elected Officials Board of Directors. The East Texas Council of Governments Executive Committee will consider the final selection of successful proposer(s) and will authorize subcontract(s) for services.

TRD-9809192

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: June 8, 1998


Texas Education Agency

Request for Applications Concerning Adult Education Special Projects and Gateway Grants

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Application (RFA) #701-98-023 from eligible grant recipients (local educational agencies, correctional education agencies, community-based organizations, public or private nonprofit agencies, postsecondary educational institutions, an institution that serves educationally disadvantaged adults, and any other institution that has the ability to provide literacy services to adults and families) to conduct special adult education and literacy experimental demonstration projects and gateway grants.

Description. The following projects will be funded.

Statewide capacity building projects. These projects will be two-year projects. The projects will collaborate as the Adult Education Professional Development Consortium, a leadership infrastructure composed of professional development projects working together to implement a comprehensive coordinated system of professional development to meet the diverse professional development needs of adult education practitioners in Texas. Project funding in the second year will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the State Board of Education, the commissioner of education, and appropriations by the .S. Congress.

1. Adult education professional development centers (two adult basic education/adult secondary education projects and two English for speakers of other languages projects). Four projects will be funded in an amount not to exceed $215,000 each.

2. Adult literacy clearinghouse. One project will be funded in an amount not to exceed $400,000.

3. Institutes for the development of educators of adults (Project IDEA) -- A teacher action research project. One project will be funded in an amount not to exceed $215,000.

4. Adult literacy volunteers training and technical assistance. One project will be funded in an amount not to exceed $140,000.

5. Integrating technology into adult education. One project will be funded in an amount not to exceed $140,000.

6. Professional development for teachers new to adult education. One project will be funded in an amount not to exceed $115,000.

7. Family literacy technical assistance center. One project will be funded in an amount not to exceed $150,000.

8. Adult learning disabilities initiative. One project will be funded in an amount not to exceed $115,000.

9. Workforce literacy training and technical assistance. One project will be funded in an amount not to exceed $115,000.

10. Adult education credential project. One project will be funded in an amount not to exceed $120,000.

Special demonstration projects. Local demonstration projects in each category will be funded in the order of the average total scores of the applications, from the highest to the lowest, until funds for each category of projects are exhausted.

1. Local adult education capacity building technology challenge grants. Applicants must use local in-kind contributions to provide at least a 25% match for the grant funds. Funding for each project will not exceed $75,000. A total of $500,000 is available for these projects.

2. Family literacy demonstration grants. A total of $435,000 is available for these projects.

3. BIG IDEAS: Teacher innovation mini-grants. Funding for each project will not exceed $10,000. A total of $100,000 is available for these projects.

4. Gateway grants. Only public housing agencies, which are required to coordinate with adult education in the development of projects, are eligible applicants for gateway grants. A total of $200,000 is available for these projects.

Dates of Projects. Adult education special projects will be implemented during Fiscal Year 1998-1999. Applicants should plan for a starting date of no earlier than September 1, 1998, and an ending date of no later than August 31, 1999.

Project Amounts. A total of $3,605,000 will be available for adult education statewide capacity building projects, special demonstration projects, and gateway grants. These projects are 100% federally funded.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-98-023 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA number in your request.

Further Information. For clarifying information about the RFA, contact Deborah Stedman, Division of Adult and Community Education, Texas Education Agency, (512) 463-9294.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Friday, July 31, 1998, to be considered.

TRD-9809282

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: June 10, 1998


State Finance Commission

Notice of Award of Contract

Pursuant to Texas Government Code, §2254.001, et seq, the Texas Finance Commission files this notice of a contract award to Empirical Management Services, Inc. (contractor), 8323 Southwest Freeway, Suite 510, Houston, Texas 77074. A Request for Proposals to assist the finance commission in conducting the first phase of research on (1) the availability, quality and prices of financial services, including lending and depository services, offered to agricultural businesses, small businesses, and individual consumers in this state; and (2) the practices of business entities in this state that provide financial services to agricultural businesses, small businesses, and individual consumers in this state, was published in the March 13, 1998 edition of the Texas Register (23 TexReg 2876). This study is authorized and mandated by the Finance Code, §11.305.

This award has been denominated as FC-98-001-RFP and compensation shall not exceed the amount of $98,730.00. Contract period begins on May 26, 1998, and terminates December 31, 1998, if not terminated or completed sooner.

Contractor will provide required work product in accordance with a schedule determined by mutual agreement under Project Timeline set out in contractor's proposal.

A written assessment of the results of the research analyses should answer such questions as whether there is a correlation between the availability, quality, and pricing of depository and cash services and geographic and demographic factors, such as socioeconomic class or race.

TRD-9809078

Everette D. Jobe

Certifying Official

State Finance Commission

Filed: June 5, 1998


General Services Commission

Notice of Contract Award under the Government Energy Management Program

In accordance with the Texas Government Code, Chapter 2254, Subchapter B, Section 2254.030, the General Services Commission, State Energy Conservation Office (SECO) publishes this notice of contract award under the Local Government Energy Management Program.

Description of Service. The contractors will provide energy engineering services for the Local Government Energy Management Program. Contractors will provide on-site energy evaluations to public school districts participating in the Energy Efficient School Partnership Program; conduct workshops and training sessions for school district, hospital, and local government operations personnel; and provide additional engineering analysis related to the Local Government Energy Management Program.

Name of Contractors and Contract Periods. Contractors are Estes, McClure and Associates, 3608 West Way, Tyler, Texas 75703 (contract amount: $300,000); Energy Systems Associates, Inc., 11901 Hamrich Court, Austin, Texas 78759 (contract amount: $300,000); Ventana Energy Services, 815 Brazos, Suite 1000, Austin Texas 78701 (contract amount: $300,000). Effective term of all contracts is June 1, 1998 through August 31, 1999.

Reports and Deliverables. All reports and any deliverables associated with these contracts shall be filed with the General Services Commission, State Energy Conservation Office prior to August 31, 1999.

TRD-9809264

Judy Ponder

General Counsel

General Services Commission

Filed: June 9, 1998


Texas Department of Health

Licensing Action for Radioactive Materials

The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled “Location” indicates the city in which the radioactive material may be possessed and/or used. The location listing “Throughout Texas” indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

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In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or “person affected” within 30 days of the date of publication of this notice. A “person affected” is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or “person affected” may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.

Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated.

Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays).

TRD-9809008

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 4, 1998


Notice of Public Hearings for Development and Review of Block Grant Funds

Under the authority of the Preventive Health Amendments of 1992, Public Law 102-531, 1992, (Act), the Texas Department of Health (department) is making application to the U.S. Public Health Service for funds to continue the Preventive Health and Health Services (PHHS) Block Grant during federal fiscal year (FFY) 1999. Provisions in the Act require the chief executive officer of each state to annually furnish a description of the intended use of block grant funds in advance of each FFY. This description is to be made public within each state in such a manner as to facilitate comments and/or any complaints regarding the quality of services funded by the block grant.

The PHHS Block Grant previously funded only six of the department's programs. The grant can now be used to support virtually any public health activity. This was accomplished by new language in the 1992 amendments that allows block grant monies to be expended for " activities consistent with making progress toward achieving the objectives established by the year 2000 health objectives ." (42 USC §300w-3(a)(1)(A))

In FFY 1998, seventeen activities were funded under the block grant. These included children and tobacco use prevention, sexual assault prevention and crisis services, public information, health promotion, minority health initiative, minority health initiative (low birth weights), language services, continuing nursing education, behavioral risk factor surveillance system, trauma registry, local health departments, regional emergency health care system, birth defects, Texas drinking water fluoridation program, border environmental health, adult and community health, and community-based primary care (put prevention into practice).

The PHHS Block Grant award for FFY 1998 was $6,040,204. This is a 4.3% decrease from 1997. Of this amount, $496,657 was required to be used for sexual assault prevention and crisis services.

The Crime Bill, which was enacted in FFY 1996, provides approximately $42 million for rape prevention education activities which will be divided among the states by population. Texas received $2,990,791 in FFY 1998. Although these monies are appropriated through the U. S. Department of Justice, the federal government has chosen to pass the funding to the states through the PHHS Block Grant award.

The department prepared the following schedule for the development and review of the FFY 1999 State Plan for the PHHS Block Grant: In July of 1998, the department will hold public hearings in four public health regions (PHR):

On Tuesday, July 7, 1998, 11:00 a.m., Public Health Regions 6 and 5, 5425 Polk Avenue, 4th Floor, Room 4D, Houston, Texas.

On Wednesday, July 8, 1998, 2:00 p.m., Public Health Region 8, 7430 Louis Pasteur Drive, San Antonio, Texas.

On Wednesday, July 8, 1998, 4:00 - 6:00 p.m., Public Health Regions 9 and 10, 6070 Gateway East, Suite 401, El Paso, Texas.

On Monday, July 20, 1998, 4:00 - 6:00 p.m., Public Health Region 7, 1100 West 49th Street, Austin, Texas.

Following these hearings, the department will summarize and consider the impact of the public comments received. The department will then notify the public of the availability of published summaries of these hearings. In August of 1998, the department will prepare the final 1999 State Plan for the PHHS Block Grant and forward it to the Governor and federal government.

Please note that the department will continuously conduct activities to inform recipients of the availability of services/benefits, the rules and eligibility requirements, and complaint procedures. Written comments regarding the PHHS Block Grant may be submitted through July 24, 1998, to Philip Huang, M.D., Chief, Bureau of Chronic Disease Prevention and Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. For further information, call (512) 458-7200.

TRD-9809173

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 1998


Notice of Request for Application (RFA) for the Medicaid Managed Care Program for the Dallas and El Paso Service Areas

The Texas Department of Health (department) is releasing a Request for Application (RFA) for the Dallas and El Paso service areas. The purpose of the RFA is to solicit applications from qualified entities to provide health care services through a managed care delivery system to certain Medicaid-eligible individuals in the Dallas and/or El Paso service areas. The Dallas service area includes the counties of Collin, Dallas, Ellis, Hunt, Kaufman, Navarro, and Rockwall. The El Paso service area includes the counties of Culberson, El Paso, and Hudspeth.

Qualified entities from whom applications will be accepted are health maintenance organizations (HMOs) and §5.01(a) nonprofit health corporations. All entities must have or receive a certificate of authority from the Texas Department of Insurance (TDI) to provide health care services in a managed care delivery system in all contiguous counties of the Dallas and El Paso service areas, on or before the date contracts are executed.

Major milestones in the RFA timetable are as follows:

RFA release date (June 17, 1998), Applicant Conference (July 2, 1998), 10:00 a.m. - 12:00 p.m., Department of Human Services (DHS) Public Hearing Room, John H. Winters Building, 701 West 51st Street, Austin, Texas.

HMO RFA responses must be received at the Bureau of Managed Care, Texas Department of Health, 11044 Research Boulevard (US 183), Building D, Suite 214, Austin, Texas 78714-9030 by 5:00 p.m. central daylight savings time, for the Dallas service area on September 15, 1998, and by 5:00 p.m. central standard time, for the El Paso service area on November 3, 1998.

HMO finalists will be named for the Dallas service area on November 2, 1998, and for the El Paso service area on December 1, 1998.

A copy of the RFA may be obtained either in person or by submitting a written request to the department at its Bureau of Managed Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3168, facsimile number (512) 338-6546, and telephone number (512) 794-5163.

In person written requests should be taken to the Bureau of Managed Care, Texas Department of Health, 11044 Research Boulevard (US 183), Building D, Suite 214, Austin, Texas 78714-9030, Bureau of Managed Care Web page Internet address is http://www.tdh.state.tx.us/hcf/mcstart.htm.

A copy of the RFA will be sent by overnight delivery if the request is submitted by facsimile transmission to the number noted above and the Federal Express, Airborne Express, or PS billing number of the requestor is included in the request.

TRD-9809335

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 10, 1998


Health and Human Services Commission

Cancellation of Public Hearing

The Health and Human Services Commission (HHSC) and the Texas Department of Mental Health and Mental Retardation (TDMHMR) announce the cancellation of the joint public hearing to receive public comment on proposed reimbursement rates for the Home and Community-Based Services (HSC) and Mental Retardation Local Authority (MRLA) Medicaid programs that was originally scheduled for June 15, 1998. Notice of the public hearing was published in the June 12, 1998 edition of the Texas Register . The hearing will be rescheduled to a later date and details will be published separately in the Texas Register . For further information regarding the rescheduling of the meeting, please contact Ms. Barbara Tejero, Texas Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711, telephone number (512) 424-6576.

TRD-9809325

Marina S. Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: June 10, 1998


Public Notice

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 98-11, Amendment Number 550.

The amendment eliminates the requirement to submit A State Plan Amendment by April 1 of each year documenting access to OB/PED services. The amendment is effective April 1, 1998.

If additional information is needed, please contact Genie DeKneef, Texas Department of Health, a (512) 338-6505

TRD-9809248

Marina S. Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: June 9, 1998


Texas Department of Insurance

Insurer Services

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

Application for admission to Texas for ACCREDITED SURETY AND CASUALTY COMPANY, INC., a foreign property and casualty company. The home office is located in Orlando, Florida.

Application to change the name of PREFERRED PHYSICIANS INSURANCE COMPANY to PREFERRED PROFESSIONAL INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Omaha, Nebraska.

Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-9809199

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 8, 1998


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

Application for admission to Texas for AMERICAN HORIZON HOLDINGS, INC., a foreign property and casualty company. The home office is located in Deerfield, Illinois.

Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-9809260

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 9, 1998


Notice of Call for Issues Related to 1998 Biennial Title Hearing

Texas Insurance Code Article 9.07 (c) requires the Department of Insurance to hold a biennial hearing to consider adoption of premium rates and such other matters and subjects relative to the regulation of the business of title insurance as may be requested by any association, any title insurance company, any title insurance agent, any member of the public, or as the commissioner may determine necessary to consider. Notice of the hearing will appear in the Texas Register at a later date. Any association, any title insurance company, any title insurance agent, or any member of the public that would like to request that any matter or subject, other than the rates for title insurance, be considered at the biennial hearing must provide a detailed description of the matter or subject no later than July 22, 1998.

All requests should be addressed to the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104, (please refer to reference number (O-0698-15-I). It is encouraged that the requests be additionally submitted in 3 1/2 inch diskette format.

TRD-9809102

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 5, 1998


Third Party Administrator Applications

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for admission to Texas of AmeriHealth Administrators, Inc., (using the assumed name of AmeriHealth Administrators), a foreign third party administrator. The home office is Horsham, Pennsylvania.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Texas Department of Insurance, Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-9809195

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 8, 1998


The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of Quality Plan Administrators, Inc., a foreign third party administrator. The home office is Washington, D.C.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-9809303

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 10, 1998


Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket Number 2365, on July 6, 1998, at 1:30 p.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street, Austin, Texas concerning 28 TAC §§5.4007-5.4008, relating to building code specifications in the plan of operation of the Texas Windstorm Insurance Association Created in 1971 by the Texas Legislature as the Texas Catastrophe Property Insurance Association.

The proposed amendments and the statutory authority for the proposed amendments, was published in the June 5, 1998 issue of the Texas Register (23 TexReg 5932).

TRD-9809220

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 8, 1998


Texas Lottery Commission

Game Procedures - Instant Game Number 119

1.0 Name and Style of Game.

A. The name of Instant Game Number 119 is "SEASONS GREETINGS". This ticket contains six games, indicated as "Game 1", "Game 2", "Game 3", "Game 4", "Game 5" and "Game 6". The play styles of the game are a "Match 3 Like Dollar Amounts" play style in Game 1, a "Beat Score" play style in Game 2, a "Tic-Tac-Toe" play style in Game 3, a "Match 3 Like Symbols" play style in Game 4, a "Key Number Match with Automatic Win" play style in Game 5, and an "Add Up" play style in Game 6.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 119 shall be $5.00 per ticket.

1.2 Definitions in Instant Game Number 119.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, TREE, "O", STOCKING, CANDLE, BELL, WREATH, HOLLY, CANDY CANE, GIFT, $5.00, $10, $25, $50, $100, $500, $1,000, and $40,000.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in Caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[graphic]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations listed above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" will only be used on the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN ( V oid I f R emoved N umber). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be: 0000 0000 0000.

G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 and $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, $200 and $500.

I. High-Tier Prize - A prize of $1,000, $5,000 and $40,000.

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (119 ), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 119-0000001-000.

L. Pack - A pack of "SEASONS GREETINGS" Instant Game tickets contains 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one. Ticket 000 will be on the top page, ticket 001 will be on the next page, and so forth with ticket 074 on the last page. Packs will be fanfolded so one side of the pack shows the front of the tickets and one side shows the back of the tickets through the shrink-wrap.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "SEASONS GREETINGS" Instant Game Number 119 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, 16 TAC §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SEASONS GREETINGS" Instant Game is determined once the latex on the ticket is scratched off to expose "Game 1", "Game 2", "Game 3", "Game 4", "Game 5" and "Game 6" on the front of the ticket. On "Game 1", if three like dollar amounts are revealed, the holder of the ticket wins that amount. On "Game 2", if "YOUR SCORE" beats "THEIR SCORE", the holder of the ticket wins the prize for that same play. A player could win twice on this game. On "Game 3", if three TREE symbols are revealed in the same row, column or diagonal, the holder of the ticket wins the prize shown. On "Game 4", if three like holiday symbols are revealed, the holder of the ticket wins the prize shown. On "Game 5", if any of YOUR NUMBERS match the LUCKY NUMBER, the holder of the ticket wins the prize shown. If a CANDLE symbol is revealed, the holder wins that prize automatically. A player could win twice on this game. On "Game 6", if the two numbers add up to exactly ten, the holder of the ticket wins $10. A player could win on all six games. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 36 Play Symbols must appear under the latex overprint front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

7. The Validation Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

8. The Validation Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

9. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

10. The ticket must not be counterfeit in whole or in part;

11. The ticket must have been issued by the Texas Lottery in an authorized manner;

12. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

13. The Play Symbols, Play Symbol Captions, Validation Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

14. The ticket must be complete and not miscut, and have exactly 36 Play Symbols with exactly 36 Play Symbol Captions under the latex overprint on the front of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The Validation Number of an apparent winning ticket shall correspond with the Texas Lottery's Validation Numbers for winning tickets, and a ticket with that Validation Number shall not have been paid previously;

16. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

17. Each of the 36 Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the 36 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Validation Numbers must be printed in the Validation font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

19. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

20. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. The decision as to which action to take with a defective ticket is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. In Game 1, no game will contain more than one set of three matches.

B. In Game 1, no game will have four or more of the same prize amounts.

C. In Game 1, no game will have three pairs of prize amounts.

D. In Game 2, each of the 2 YOUR SCORE play spots and the 2 THEIR SCORE play spots will have unique numbers.

E. In Game 2, non-winning prize amounts will be unique on a game.

F. In Game 3, games will contain four trees and five ∅'s or five trees and four ∅'s.

G. In Game 3, there will never be three ∅'s in the same row, column or diagonal straight line.

H. In Game 4, no game will contain more than one set of three matches.

I. In Game 4, no game will contain three pairs of like play symbols.

J. In Game 5, non-winning prize symbols will never be the same as the winning prize symbols.

K. In Game 5, no game will contain two like non-winning prize symbols.

L. In Game 5, no game will contain two like non-winning YOUR NUMBERS (1-9).

M. In Game 5, no prize amount in a non-winning prize spot will be the same as the corresponding YOUR NUMBER symbol (i.e. 5-$5).

N. In Game 6, the two numbers will never match on a non-winning game.

O. Adjacent tickets will not have identical patterns in any of the Games 1 through 6.

2.3 Procedure for Claiming Prizes.

A. To claim a "SEASONS GREETINGS" Instant Game prize of $5.00, $10.00, $15, $20, $25, $50, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and may present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to the applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "SEASONS GREETINGS" Instant Game prize of $1,000, $5,000 or $40,000, the claimant must sign the winning ticket, must thoroughly complete a claim form, and may present both at Texas Lottery Headquarters in Austin. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "SEASONS GREETINGS" Instant Game prize, the claimant must sign the winning ticket, must thoroughly complete a claim form, and may present both at any Texas Lottery Claim Center. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under the Human Resource Code, Chapter 31;

4. in default on a loan made under the Education Code, Chapter 52; or,

5. in default on a loan guaranteed under the Education Code, Chapter 57.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in section 2.3E of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "SEASONS GREETINGS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "SEASONS GREETINGS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 30,000,000 tickets in the Instant Game Number 119. The expected number and value of prizes in the game are as follows:

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 119 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 119, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-9809294

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 10, 1998


Game Procedures - Instant Game Number 138

1.0 Name and Style of Game.

A. The name of Instant Game Number 138 is "LONE STAR MILLIONAIRE". The play style of the game is a "Match 3 of 6 Dollar Amounts" play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 138 shall be $1.00 per ticket.

1.2 Definitions in Instant Game Number 138.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible Play Symbols are: $1.00, $2.00, $5.00, $10, $20, $100, $5,000 and STAR.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in Caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering over the Play Symbol area, which retailers use to verify and validate instant winners. The possible validation codes are:

[graphic]

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations above: E, F, G, H, I, L, N, ∅, R, S, T, V, W, X

All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for commons and high-tier winners. The letter "∅" will only be used for the appropriate winning codes and will always have a slash through it.

F. Validation Number- A unique 12 digit number appearing under the latex scratch-off covering on the front of the ticket. Nine digits of the Validation Number relate to the game Play Symbols. There is a one digit prize code and a two digit check digit, which will verify the recording accuracy of the ten digit Validation Number, or VIRN (Void If Removed Number). There is a four digit control number which will be boxed and placed randomly within the VIRN number. The Validation Number is positioned beneath the bottom row of play data in the scratched-off play area.

The format will be : 0000 0000 0000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $5.00, $10 or $20.

H. Mid-Tier Prize - A prize of $100.

I. High-Tier Prize - A prize of $5,000.

J. Bar Code - A 20 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number and eight digits of the Validation Number and a two digit filler. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (138 ), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 138-0000001-000.

L. Pack - A pack of "LONE STAR MILLIONAIRE" Instant Game tickets contains 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five. Tickets 000 to 004 are on the top page, tickets 005 to 009 are on the next page, and so forth with tickets 245 to 249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LONE STAR MILLIONAIRE" Instant Game Number 138 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the ticket validation requirements set forth in Texas Lottery Rule, 16 TAC §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "LONE STAR MILLIONAIRE" Instant Game is determined once the latex on the ticket is scratched off to expose the six Play Symbols on the front of the ticket. The holder of the ticket wins the dollar amount that appears three times in the play area. If the STAR symbol appears once in the play area, the holder of the ticket can complete the information requested on the back of the ticket and mail it in the special pre-addressed entry envelope found at Lottery retailers for the chance to win $1,000,000 in one of the six Grand Prize Drawings. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly six Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each Play Symbol Caption must be present in its entirety and be fully legible;

5. Each of the Play Symbols and the Play Symbol Captions must be printed in black ink;

6. The ticket shall be intact;

7. The Validation Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

8. The Validation Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

9. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

10. The ticket must not be counterfeit in whole or in part;

11. The ticket must have been issued by the Texas Lottery in an authorized manner;

12. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

13. The Play Symbols, Play Symbol Captions, Validation Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

14. The ticket must be complete and not miscut, and have exactly six Play Symbols with exactly six Play Symbol Captions under the latex overprint on the front portion of the ticket, exactly one Validation Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The Validation Number of an apparent winning ticket shall correspond with the Texas Lottery's Validation Numbers for winning tickets, and a ticket with that Validation Number shall not have been paid previously;

16. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

17. Each of the six Play Symbols must be exactly one of those described in section 1.2.C of these Game Procedures, and each of the Play Symbol Captions to those Play Symbols must be exactly one of those described in section 1.2.D of these Game Procedures;

18. Each of the six Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Validation Numbers must be printed in the Validation font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

19. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

20. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, replace an invalid ticket with an unplayed ticket in that Instant Game (or ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket. The decision as to which action to take when a defective ticket is purchased is solely within the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. No ticket will contain more than one set of three matching symbols.

B. The "Lucky Lone Star" will never appear on a cash winning ticket.

C. Adjacent tickets will not have identical patterns.

D. No ticket will have three pairs of prize amounts.

E. No ticket will have four or more of the same prize amount on a ticket.

F. The "Lucky Lone Star" symbol will never appear more than once on an entry ticket and will never appear with three like prize amounts.

2.3 Procedure for Claiming Prizes.

A. To claim a "LONE STAR MILLIONAIRE" Instant Game prize of $1.00, $2.00, $5.00, $10, $20 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and may present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer, acting pursuant to applicable Lottery rules, may validate the claim. If the Texas Lottery Retailer determines that the ticket is a valid winning ticket by validating the ticket, and the claimant presents proper identification, the Texas Lottery Retailer shall make payment of the amount due the claimant and physically void the ticket. In the event the Texas Lottery Retailer cannot validate the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in sections 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "LONE STAR MILLIONAIRE" Instant Game prize of $5,000, the claimant must sign the winning ticket and may present it at Texas Lottery Headquarters in Austin. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming any "LONE STAR MILLIONAIRE" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and may present both at any Texas Lottery Claim Center. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. A claimant may also claim a prize by signing the winning ticket, thoroughly completing a claim form, and mailing both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under the Human Resource Code, Chapter 31;

4. in default on a loan made under the Education Code, Chapter 52; or,

5. in default on a loan guaranteed under the Education Code, Chapter 57.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in section 2.3E of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LONE STAR MILLIONAIRE" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "LONE STAR MILLIONAIRE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days after the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those persons whose name appears thereon be designated by such persons to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 40,320,000 tickets in the Instant Game Number 138. The expected number and value of prizes in the game are as follows:

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Executive Director.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 138 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 138, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-9809293

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 10, 1998


Texas Department of Mental Health and Mental Retardation

Public Hearing Notice

Health and Human Services Commission and Texas Department of Mental Health and Mental Retardation Notice of Joint Public Hearing on Home and Community-Based Services (HCS) Rates and Mental Retardation Local Authority (MRLA) Rates.

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on proposed reimbursement rates for Home and Community-Based Services (HCS) effective September 1, 1998, through August 31, 1999, and Mental Retardation Local Authority (MRLA) effective September 1, 1998, through August 31, 1999. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Monday, June 29, 1998, at 8:30 a.m. in the auditorium of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on Monday, June 29, 1998. Interested parties may obtain a copy of the reimbursement briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753.

Persons requiring ADA accommodation should contact Tom Wooldridge by calling (512)206-5753, at least 72 hours prior to the hearing. Persons requiring an interpreter for the deaf or hearing impaired should contact Tom Wooldridge through the Texas Relay operator by calling 1-800-735-2988.

For More Information: (512) 206-4516

TRD-9809328

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: June 10, 1998


Texas Natural Resource Conservation Commission

Notice Of Application For Municipal Solid Waste Management Facility Permit

THE CITY OF GARLAND for Proposed Permit Amendment Number MSW1895-A which will authorize horizontal and vertical expansion to an existing Type I municipal solid waste management facility. The amendment will increase the acreage from the currently permitted 373.5 acres to 476 acres and will increase the maximum fill height of the completed landfill from the currently permitted height of approximately 530 feet mean sea level to 600 feet mean sea level. The application, originally submitted in March of 1997, proposed expansion to approximately 482 acres. The six acres were eliminated during technical review because this area was not necessary for the design and operation of the facility. The site will receive an estimated 2,178 cubic yards per day. The total disposal capacity of the landfill is approximately 34,400,000 in-place cubic yards. The permittee is authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects, Class 2 industrial solid waste, Class 3 industrial solid waste, and special wastes that are properly identified. The site is authorized to operate from 7:00 a.m. to 6:00 p.m., Monday through Saturday. The waste management facility is located approximately 400 feet northwest of the intersection of Princeton and Yeager Roads in the City of Garland, Dallas County, Texas.

If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations.

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, 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.

TRD-9809317

Eugenia K. Brumm, Ph. D.

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 10, 1998


Notices of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 19, 1998 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 19, 1998 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1)COMPANY: Dallas County Water Control And Improvement District Number 6; DOCKET NUMBER: 98-0221-PWS-E; IDENTIFIER: Public Water Supply Number 0570032; LOCATION: Balch Springs, Dallas County, Texas; TYPE OF FACILITY: public drinking water supply; RULE VIOLATED: 30 TAC §290.46(g) and (s), by failing to disinfect repaired facilities, submit to approved Texas Department of Health laboratory water samples for bacteriological analysis, and immediately issue a boil water notification; PENALTY: $440; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: John Gardner; DOCKET NUMBER: 96-1114-OSS-E; IDENTIFIER: Registration Number 20474; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §312.4(a) and the Code, §26.121(a)(1), by failing to obtain a permit prior to disposing of septage onto his property and by allowing an unauthorized discharge of septage onto his property; 30 TAC §312.144, by failing to prominently mark vacuum pump truck; and 30 TAC §312.145, by failing to use trip tickets to record and maintain records of the septage; PENALTY: $5,940; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Lyle Gunderson and Roane Harwood; DOCKET NUMBER: 97-1128-IHW-E; IDENTIFIER: Enforcement Identification Number 11955; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: gas station; RULE VIOLATED: 30 TAC §335.2(b), by allowing waste to be stored at an unauthorized facility; 30 TAC §335.63(a) and 40 Code of Federal Regulations (CFR) §262.12, by failing to obtain an Environmental Protection Agency identification number before hazardous waste was offered for transportation; 30 TAC §335.6(c), by generating hazardous waste and offering hazardous waste for transportation without prior notification; 30 TAC §335.431(c) and 40 CFR §268.7(a)(1), by sending restricted waste off-site for disposal without the required land disposal restriction notification; 30 TAC §335.69(a)(2) and (3) and 40 CFR §262.34(a)(2) and (3), by failing to label hazardous waste containers with a waste accumulation start date and the words "Hazardous Waste"; 30 TAC §335.66 and 40 CFR §262.31, by failing to mark each drum with hazardous waste labels before transporting; 30 TAC §335.67 and 40 CFR §262.32, by failing to mark each drum with the generator's name, address, and manifest document numbers; and 30 TAC §335.10(b) and 40 CFR §262.20, by failing to correctly complete and include all required information for a hazardous waste manifest; PENALTY: $3,968; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(4)COMPANY: Hydra Rig Incorporated, A Division of Tuboscope Vetco International Incorporated; DOCKET NUMBER: 98-0171-AIR-E; IDENTIFIER: Account Number TA-0191-I; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: offshore drilling equipment manufacturing plant; RULE VIOLATED: 30 TAC §116.115(a), Permit Number 2841, and the Act, §382.085(b), by failing to provide records of actual material usage in gallons, operating hours totaled on a monthly and annual basis, and calculated monthly and annual volatile organic compound emissions from all coating operations; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Kenneth Lehrman; DOCKET NUMBER: 97-1129-AIR-E; IDENTIFIER: Account Number MB-0450-K; LOCATION: Mart, McLennan County, Texas; TYPE OF FACILITY: residence; RULE VIOLATED: 30 TAC §111.201 and the Act, §382.085(b), by failing to comply with outdoor burning rules; PENALTY: $600; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(6)COMPANY: Neches Industrial Park, Incorporated; DOCKET NUMBER: 98-0080-AIR-E; IDENTIFIER: Account Number JE-0092-J; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: ammonia storage terminal; RULE VIOLATED: 30 TAC §116.115(a), Permit Number 28899, and the Act, §382.085(b), by failing to construct concrete and steel post barriers or a concrete retaining wall around ammonia storage tanks; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(7)COMPANY: Phillips Petroleum Company; DOCKET NUMBER: 98-0143-AIR-E; IDENTIFIER: Account Number HW-0018-P; LOCATION: near Borger, Hutchinson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(a), Permit Number 9868A, Prevention of Significant Deterioration Permit Number PSD-TX-102M4, and the Act, §382.085(b), by failing to obtain a minimum hydrogen sulfide destruction efficiency of 99.9% on two units, by failing to have operational a continuous emissions monitoring system or predictive emissions monitoring system on one unit, and by failing to document compliance during year 1996 with emission cap values for carbon monoxide; PENALTY: $22,800; ENFORCEMENT COORDINATOR: Kevin Cauble, (512) 239-1874; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(8)COMPANY: Transpetco I; DOCKET NUMBER: 98-0259-AIR-E; IDENTIFIER: Account Number OA-0021-O; LOCATION: near Perryton, Ochiltree County, Texas; TYPE OF FACILITY: oil production enhancement; RULE VIOLATED: 30 TAC §122.130(a) and the Act, §382.085(b), by failing to submit a timely and complete Federal Operating Permit application; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

TRD-9809233

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 9, 1998


The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code, §7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is July 18, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 18, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Carotex, Inc.; DOCKET NUMBER: 97-0304-AIR-E; ENFORCEMENT ID NUMBER: 10045; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: marine barge cleaning plant; RULES VIOLATED: 30 TAC §115.112(a)(1) and Texas Health and Safety Code, §382.085(b) by placing, storing, or holding volatile organic compounds in tank numbers 1006, 1007, 1008, 1009, 1010, 2500, and 2501 which were not equipped with a vapor control device; 30 TAC §115.132(a) and Texas Health and Safety Code, §382.085(b) by operating two volatile organic compounds water separators (steel lagoons "E" and "F") without the required air emission controls; 30 TAC §115.542(b)(1) and Texas Health and Safety Code, §382.085(b) by failing to operate the vapor control system (direct flame oxidizer) to control the vapors from cleaning of marine vessels; 30 TAC §115.546(1)(C) and Texas Health and Safety Code, §382.085(b) by failing to maintain records pertaining to the estimated liquid quantities of volatile organic compounds material removed from each vessel cleaned; 30 TAC§116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b) by failing to obtain a permit renewal or exemption prior to the replacement of Boiler Numbers 1 and 2; 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b) by failing to obtain a permit renewal due to expiration; 30 TAC §118.5 and Texas Health and Safety Code, §382.085(b) by failing to prepare and maintain an emission reduction plan; PENALTY: $28,350; STAFF ATTORNEY: Cecily Small Gooch, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(2)COMPANY: Frank Prasifka & Sons; DOCKET NUMBER: 97-0339-MSW-E; ENFORCEMENT ID NUMBER: 2778; LOCATION: Hutchins, Dallas County, Texas; TYPE OF FACILITY: tire disposal facility; RULES VIOLATED: 30 TAC §330.4(a) and (h) by storing whole used or scrap tires without first having been issued a permit, registration, or other authorization; PENALTY: $4,320; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 79109-4996, (806) 353-9251.

(3)COMPANY: Grissom Bros. Oil Co.; DOCKET NUMBER: 98-0433-PST-E; ACCOUNT NUMBER: 0020115U; LOCATION: Andrews, Andrews County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC§334.22 and Texas Water Code, §26.358(d) by failing to pay outstanding annual petroleum storage tank facility fees for the years 1990 through 1997; PENALTY: $975; STAFF ATTORNEY: Ali Abazari, Litigation Support Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5421, (915) 570-1359.

(4)COMPANY: James Stevens doing business as Stevens Water Company; DOCKET NUMBER: 97-1041-PWS-E; ENFORCEMENT ID NUMBER: 11818; LOCATION: Barlow Lake Estates, Mont Neches Lake Estates, and Town Bluff Estates in Tyler County; and Commodore Cape and Forest Springs in Polk County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.43(e) by failing to provide a properly constructed intruder-resistant fence around the facilities; 30 TAC §290.42(e)(8) by failing to provide proper locked housing for the hypochlorination solution containers to protect them from adverse weather and vandalism; and 30 TAC §290.44(d)(4) by failing to provide accurate metering devices at each service connection; 30 TAC §290.46(m) by failing to initiate a program to facilitate cleanliness and improve the general appearance of all plant facilities; 30 TAC §290.41(c)(3)(N) by failing to provide the well with a properly working flow metering device to measure production yields and provide for the accumulation of water production data; 30 TAC §290.43(e) by failing to enclose the facility with a properly constructed intruder-resistant fence; 30 TAC §290.44(d)(4) by failing to provide accurate metering devices at each service connection; 30 TAC §290.45(b)(1)(C)(ii) by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) by failing to provide a service pump capacity of 2.0 gallons per minute per connection; and 30 TAC §290.43(d)(3) by failing to provide a device for readily determining the air-water-volume; PENALTY: 7,600; STAFF ATTORNEY: Bill Jang, Litigation Support Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(5)COMPANY: Johannes Herman De Goede doing business as Johannes Herman De Goede Dairy; DOCKET NUMBER: 97-0961-AGR-E; ENFORCEMENT ID NUMBER: 11667; LOCATION: 18 miles east of Quitman, approximately two miles east of intersection of Highway 154 and FM 2869, Wood County, Texas; TYPE OF FACILITY: dairy facility; RULES VIOLATED: 30 TAC §321.33(d)(1) and the Texas Water Code, §26.121 by operating this Facility without a permit; 30 TAC §321.33(e) and the Texas Water Code, §26.121 by failing to properly operate and maintain waste control facilities; 30 TAC §281.19(b) by failing to provide requested permit renewal information in a timely manner; 30 TAC §305.503 and the Texas Water Code, §26.0291 by failing to pay wastewater treatment inspection fees; 30 TAC §320.21 by failing to pay water quality assessment fees; PENALTY: $3,000; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- 5100.

(6)COMPANY: International Family Missions (Formerly Georgia Baca dba House of Cornelius); DOCKET NUMBER: 96-1959-PWS-E; ENFORCEMENT ID NUMBER: 6337; LOCATION: Fabins, El Paso County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.46(f) by failing to maintain a free chlorine residual of 0.2 milligrams per liter in the far reaches of the distribution system; 30 TAC §290.106(a) by failing to submit samples of water collected from the distribution system for bacteriological analysis for the months of May 1995, June 1995, November 1995, and May 1996; 30 TAC §290.45(b)(1)(B)(i) by failing to provide a treatment plant capacity of 0.6 gallons per minute per connection under normal rated design flow; 30 TAC §290.46(e) by failing to operate the system under the direct supervision of a certified water works operator; 30 TAC §290.46(u) by failing to operate the system to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; 30 TAC §290.46(w) by failing to post a legible sign which provides the name of the water supply and an emergency telephone number where a responsible person can be contacted at each of its facilities; 30 TAC §290.41(c)(1)(F) by failing to protect the system's facilities by establishing a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open-jointed drain fields within a 150-foot radius of each well; 30 TAC §290.41(c)(3)(N) by failing to provide the well with a flow measuring device to measure production yields and provide for the accumulation of water production data; and 30 TAC §290.46(h) by failing to keep on hand a supply of calcium hypochlorite disinfectant for use when making repairs, setting meters, and putting new mains into service; PENALTY: $3,040; STAFF ATTORNEY: Kara Salmanson, Litigation Support Division, (512) 239-1738, MC 175; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(7)COMPANY: Lifetime Doors, Inc.; DOCKET NUMBER: 97-0481-AIR-E; TNRCC ID NUMBER: RI-0010-S; LOCATION: Hearne, Robertson County, Texas; TYPE OF FACILITY: wooden door manufacturing plant; RULES VIOLATED: 30 TAC §116.115; TNRCC Permit Number 3190, Special Provision 3; and the Texas Health and Safety Code, §382.085(b) by exceeding the allowable hourly volatile organic compound emission limits from the Prefinish Roller Coat Line; 30 TAC §116.115(a); TNRCC Permit Number 3190, Special Provisions 3 and 7; Agreed Order Number 95-0643-AIR-E, Section III(3)(a) and Texas Health and Safety Code, §382.085(b) by exceeding the allowable hourly volatile organic compound emission limits from the Prefinish Roller Coat Line and the allowable annual coating material topcoat usage limits for the time periods of March 1995 through February 1996; and March 1996 through February 1997; PENALTY: $8,250; STAFF ATTORNEY: Mary R. Risner, Litigation Support Division, MC 175; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (254) 751-0335.

(8)COMPANY: Mutawe and Albanna Enterprises, Inc., and Bercasey III, L.P.; DOCKET NUMBER: 97-0519-PST-E; ENFORCEMENT ID NUMBER 11448; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: Texas Water Code, §26.12 by allowing a gasoline release at the Facility which impacted a tributary of Mills Creek, groundwater, and a storm drain; 30 TAC §334.50(b)(1)(A) and (2)(A) by failing to provide proper release detection for the underground storage tanks and for the pressurized piping associated with the underground storage tanks; 30 TAC §115.246(1) by failing to maintain a copy of the California Air Resources Board Executive Order at the Facility; 30 TAC §115.245 by failing to complete system testing within 30 days of the installation of Stage II equipment at the Facility; 30 TAC §115.246(5) by failing to maintain a record of the results of testing conducted at the motor vehicle fuel dispensing facility; 30 TAC §115.242(3)(A) by failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §115.242(3)(J) by failing to maintain the Stage II vapor recovery system in proper operating condition, and free of defects that would impair the effectiveness of the system; 30 TAC §115.222(10) by failing to maintain a proper Stage I vapor recovery system; PENALTY: $20,000; STAFF ATTORNEY: Cecily Small Gooch, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(9)COMPANY: Peter De Ridder dba Chalk Mountain Dairy; DOCKET NUMBER: 97-1050-AGR-E; ENFORCEMENT ID NUMBER 9549; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy facility; RULES VIOLATED: Texas Water Code, §26.121 and 30 TAC §321.31 by discharging agricultural waste into or adjacent to water in the state; Texas Water Code, §26.0291 and 30 TAC §305.503 by failing to pay outstanding annual waste treatment inspection fees; and Texas Water Code, §26.0135(h) by failing to pay outstanding water quality assessment fees; PENALTY: $3,125; STAFF ATTORNEY: Cecily Small Gooch, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-4699, (817) 469-6750.

(10)COMPANY: Richard Keenan doing business as K&B Waterworks; DOCKET NUMBER: 96-1614-PWS-E; ENFORCEMENT ID NUMBER: 11430; LOCATION: Santa Fe, Galveston County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.46(e) by failing to employ a certified public water works operator at the Facility; 30 TAC §290.6(e)(2) by failing to collect the required bacteriological samples for the months of March, June, and September 1996; 30 TAC §290.106(a)(1) by failing to develop and submit a sample siting plan; 30 TAC §290.3 and/or §290.13 by failing to sequester the level of manganese in the water which was recorded at a concentration of 0.07 milograms per liter, exceeding the maximum permissible level for this constituent of 0.05 milograms per liter; 30 TAC §290.41(c)(3)(O) by failing to secure the well unit and pressure tank by either an intruder-resistant fence or a locked, ventilated well house to exclude possible contamination or damage to the Facility by trespassers; 30 TAC §290.46(w) by failing to provide at the Facility a legible sign in plain view with the name of the water supply and an emergency telephone number where a responsible official can be reached; 30 TAC §290.43(d)(2) by failing to provide the pressure tank with a pressure release device; 30 TAC §290.43(d)(3) by failing to equip the pressure tank with some sanitary means of determining the air-to-water ratio; 30 TAC §290.46(p)(2) by failing to properly inspect the pressure tank annually to ensure that the tank walls, endcaps, and welded seams continue to provide the necessary structural integrity; PENALTY: $9,080; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11)COMPANY: Water Valley Water Co-op; DOCKET NUMBER: 97-0564-PWS-E; ENFORCEMENT ID NUMBER: 11430; LOCATION: Garfield, Travis County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.120 and Texas Health and Safety Code, §341.031 by failing to submit water samples from the Facility for lead/copper analysis; Texas Health and Safety Code, §341.033(d) and 30 TAC §290.106 by failing to collect and submit samples for bacteriological analysis for the monthly sampling periods of July 1996 and August 1997; 30 TAC §290.105 by exceeding the maximum contaminant level for bacteria in February 1997; PENALTY: $930; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(12)COMPANY: Z. A. Niehay and Theresa Niehay; DOCKET NUMBER: 97-0898-PST-E; ENFORCEMENT ID NUMBER: 11833; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.54(d)(1)(B) by failing to permanently remove from service underground storage tanks which have been temporarily removed from service for longer than 12 months; 30 TAC §334.22(a) by failing to pay annual underground storage tank fees as required; PENALTY: $3,200; STAFF ATTORNEY: Walter Ehresman, Litigation Support Division, MC 175, (512) 239-0573; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6412, (817) 469-6750.

TRD-9809304

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 10, 1998


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes Default Orders when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code, §7.075, this notice of the proposed orders and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 18, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or consideration that indicate that the consent to the proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these Default Orders should be sent to the attorney designated for each Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 18, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing.

(1)COMPANY: Francisco Ramirez DBA Flamingo Motors; DOCKET NUMBER: 97-0798-AIR-E; ENFORCEMENT ID NUMBER: 11787; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: used car dealership; RULES VIOLATED: 30 TAC §114.1(c)(1) and Texas Health and Safety Code, §382.085(b) by offering for sale a vehicle with a missing emission control device; PENALTY: $500; STAFF ATTORNEY: Barbara Lazard, Litigation Support Division, MC 175; (512) 239-0674; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(2)COMPANY: Jim Schumacher doing business as Woodhaven Mobile Home Park; DOCKET NUMBER: 97-0566-PWS-E; ENFORCEMENT ID NUMBER: 11432; LOCATION: Kerr County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.031 and 30 TAC §290.120(c)(5) by failing to submit to the commission water samples for lead/copper analysis for the period of January 1995 through June 1995; 30 TAC §290.51 and Texas Health and Safety Code, §341.041 by failing to pay Public Health Service fees; PENALTY: $480; STAFF ATTORNEY: John Peeler, Litigation Support Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 494-3556.

(3) COMPANY: Malik Dhanani; DOCKET NUMBER: 97-0503-PST-E; ACCOUNT NUMBER: ENFORCEMENT ID NUMBER 11481; LOCATION: Kennedale, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.7(d)(3) by failing to provide amended registration for any change or additional information regarding Underground Storage Tanks within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition, as applicable; 30 TAC §334.22(a) by failing to pay annual facility fees for Underground Storage Tanks at the time and in the manner and amount provided by 30 TAC Chapter 334, Subchapter B; and 30 TAC §115.241 by failing to install an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%; PENALTY: $10,600; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 79109-4996, (806) 353-9251.

(4)COMPANY: Water Association of North Lake, Inc.; DOCKET NUMBER: 97-0680-PWS-E; ACCOUNT NUMBER: 0610171; LOCATION: Denton County, Texas; TYPE OF FACILITY: public drinking water; RULES VIOLATED: 30 TAC §290.120 by failing to submit to the commission water samples for said water system for lead/copper analysis for the sampling period January 1, 1995 through June 30, 1995; Texas Water Code, §13.541 and 30 TAC §291.76 by failing to pay Regulatory Assessment fees for the years of 1994 and 1995 a total of $202; PENALTY: $480; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 79109-4996, (806) 353-9251.

TRD-9809313

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 10, 1998


Notice of Opportunity to Comment on Shutdown Orders of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Shutdown Order. Texas Water Code, §26.3475 authorizes the TNRCC to order the shutdown of any Underground Storage Tank system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the Underground Storage Tank system into compliance with those regulations. The TNRCC staff proposes a shutdown order after the owner or operator of a underground storage tank facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1993, cathodic protection violations documented at the facility. Pursuant to the Texas Water Code, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 18, 1998. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Shutdown Order if a comment discloses facts or considerations that indicate that the proposed Shutdown Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Shutdown Order is not required to be published if those changes are made in response to written comments.

A copy of the proposed Shutdown Order is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Shutdown Order should be sent to the attorney designated for the Shutdown Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 18, 1998. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Shutdown Order and/or the comment procedure at the listed phone numbers; however, comments on the Shutdown Order should be submitted to the TNRCC in writing.

(1)COMPANY: Jack Morton, owner and Howard Lewis, operator; DOCKET NUMBER: 98-0672-PST-E; ACCOUNT NUMBER: 006823; LOCATION: Carthage, Panola County, Texas; TYPE OF FACILITY: gasoline station with retail sales of gasoline from underground storage tanks; RULES VIOLATED: shut-down order under Texas Water Code, §26.3475 is sought because of the following violations: 30 TAC §334.50(a)(1)(A) by failing to have a release detection method capable of detecting a release from any portion of the underground storage tank system which contains regulated substances; 30 TAC § 334.50(b)(2) by failing to monitor piping in a manner designed to detect releases from any portion of the underground storage tank's piping system; 30 TAC §334.50(b)(2)(A)(i) by failing to equip each pressurized line with an automatic line leak detector; and 30 TAC §334.50(d)(1)(B)(ii) by failing to reconcile inventory control records on a monthly basis; PENALTY: $0; STAFF ATTORNEY: Kathy Keils, Litigation Support Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-9809314

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 10, 1998


Notice of Public Hearing (§106.261, §106.262)

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 106.

The commission proposes amendments to §106.261, concerning Facilities (Emission Limitations) and §106.262, concerning Facilities (Emission and Distance Limitations). The amendment to §106.261 is proposed to require persons to register their claim of exemption under that section. The amendment to §106.262 is proposed to update the emission limitations contained in that section to incorporate 1997 toxicological information.

A public hearing on the proposal will be held July 14, 1998, at 2:00 p.m. in Room 2210 of TNRCC Building F, 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 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.

Comments may be submitted to Lisa Martin, Office of Policy and Regulatory Development,MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., July 20, 1998, and should reference Rule Log Number 98019-106-AI. For further information, please contact Susana Hildebrand, New Source Review Permits Division, (512) 239-1562, Dale Beebe-Farrow, New Source Review Permits Division, (512) 239-1310, or Jim Dodds, Air Policy and Regulations Division, (512) 239-0970.

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.

TRD-9808965

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 3, 1998


Proposal for Decision

The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on June 2, 1998 on Executive Director's Report and Petition Assessing Administrative Penalties and Requiring Certain Actions of Friend Enterprises, Inc.; SOAH Docket Number. 582-98-0190; TNRCC Docket Number. 96-0945-PST-E. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

TRD-9809318

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: June 10, 1998


Public Notices

The executive director of the Texas Natural Resource Conservation Commission (TNRCC) has issued a public notice of the amended selection of a remedy for the Jerrell B. Thompson Battery State Superfund Site (JBT Site), a site which constitutes an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. The public notice was published in the June 18, 1998, edition of the Canton Herald.

In accordance with 30 Texas Administrative Code (TAC) §335.349(a), and §361.187 of the Texas Health and Safety Code, Solid Waste Disposal Act as amended, a public meeting regarding the amended proposed remedy for the JBT Site must be held 30 days after publishing a notice in the Texas Register and a newspaper of general circulation in the county in which the facility is located.

The public meeting is scheduled for Thursday, July 23, 1998, beginning at 7:00 p.m. at the Canton City Hall, Council Chambers, 290 East Tyler Street, Canton, Texas. The public meeting will be legislative in nature and is not a contested case hearing under the Texas Government Code, Chapter 2001.

The site for which the remedy is being amended is the JBT Site, proposed for listing on the State Registry of Superfund Sites in the September 25, 1990, issue of the Texas Register (15 TexReg 5623).

The JBT Site is located north of Phalba, Texas on Van Zandt County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas State Highway 198. The site was used for automotive battery reclamation operations beginning in 1970. From 1993 to 1994, the TNRCC performed a remedial investigation and baseline risk assessment. The remedial investigation results indicate that metal contamination (lead, arsenic, cadmium, and antimony) exists at the site at levels which may threaten human health and the environment. A baseline risk assessment concluded that further action was needed to eliminate any potential imminent and substantial endangerment to human health and the environment from the contamination at the site.

In May 1997, the TNRCC completed the Presumptive Remedy Document. The Presumptive Remedy Document was prepared to screen and evaluate technologies that could be used to remediate the JBT Site based on the TNRCC's Presumptive Remedies Guidance Document for Soils at Texas State Superfund Sites. In the September 11, 1997, edition of the Canton Herald and the September 12, 1997, issue of the Texas Register (22 TexReg 9348), the TNRCC initially proposed on-site containment with stabilization as the remedy. A public meeting was held on October 30, 1997, in Phalba, Texas, to discuss public comments concerning the originally proposed remedy for the JBT Site.

From September 1997 through February 1998, additional field sampling activities were conducted to further characterize and identify the contamination in surface water, sediments, and soils. Additional field sampling included properties adjacent to the JBT Site and soils underneath the on-site structures which were not investigated previously. After review of the results from the additional sampling and further consideration of the remedial investigation results, the estimated volume of contaminated materials requiring treatment and the estimated volume of contaminated material that may be considered as characteristically hazardous waste is significantly less than previously indicated in the Presumptive Remedy Document.

Soil contaminated with arsenic, cadmium and lead is classified as a hazardous waste if the samples fail the Toxicity Characteristic Leaching Procedure (TCLP) test with levels equal or greater than the regulatory limits listed in 40 CFR Part 261. Soil exceeding such criteria must be treated prior to disposal while soils that are not classified as hazardous waste can be disposed of without treatment. The reduction in volume suggests that off-site disposal rather than the originally selected remedy of on-site stabilization and consolidation is the preferred remedial alternative. Off-site disposal is the preferred remedial alternative because it is more economical and it will eliminate the need for engineering controls and future monitoring. In May 1998, the Amended Presumptive Remedy Document was completed and detailed the development and evaluation of the remedial alternatives based on the newly defined volume of contaminated materials.

Based on a detailed analysis of the alternatives, the most favorable alternative for the JBT Site is excavation, treatment (as required for disposal), and off-site disposal of contaminated material above action levels. No long-term maintenance or monitoring would be required because all contaminated materials above action levels will be removed. The proposed amended remedy will change the remedy from on-site containment with stabilization to off-site disposal with treatment as required for disposal.

The public comment period for this amended proposed remedy will begin June 19, 1998, and end at the completion of the public meeting on July 23, 1998. Written comments concerning the amended remedial action may be submitted to Fay Duke, Project Manager, Superfund Cleanup Section, MC 144, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087.

A portion of the public records for this site are available for public review during regular business hours at the Van Zandt County Library 317 First Monday Lane, Canton, Texas, telephone (903) 567-4276, or at the TNRCC Central Records Center, 12100 Park 35 Circle, Building D, North entrance, Room 190, Austin, Texas 78753, (512) 239-2920. Copying of file information is subject to payment of a fee.

For further information, please call: (800) 633-9363 (within Texas only) or (512) 239-2463.

TRD-9809295

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 10, 1998


The executive director of the Texas Natural Resource Conservation Commission (TNRCC) by this notice is issuing an official public notice of deletion of a facility from the state registry (state Superfund registry) of sites which may constitute an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment.

The site which has been deleted is the Bestplate, Inc. state Superfund site which was originally placed on the state Superfund registry list in the January 22, 1988, issue of the Texas Register (13 TexReg 427-428). This notice is issued to finalize the deletion process which began on May 8, 1998, when the executive director of the TNRCC issued a public notice in the Texas Register (23 TexReg 4683-4684) of TNRCC's intent to delete the Bestplate, Inc., site from the list of sites proposed for listing on the state Superfund registry, following the determination made pursuant to 30 TAC §335.344(c), that the site does not present an imminent and substantial endangerment to public health and safety. The notice further indicated that the TNRCC shall hold a public meeting, as required in 30 TAC §335.344(b), if a written request is filed with the executive director of the TNRCC within 30 days, challenging the determination by the executive director made pursuant to 30 TAC §335.344(c). Equivalent publication of the notice was also published in the May 8, 1998 edition of the Dallas Morning News.

The TNRCC did not receive a request for a public meeting from any interested persons during the request period (within 30 days of publication of notice); therefore, the Bestplate, Inc. site is hereby deleted from the Texas state Superfund registry. In accordance with §361.188(d) of the Health and Safety Code, a notice was filed in the real property records of Dallas County, Texas stating that Bestplate, Inc. state Superfund site has been deleted from the state Superfund registry.

All inquiries regarding the deleting of this site should be directed to Barbara Daywood, TNRCC Community Relations, 1-800-633-9363 (within Texas only) or (512) 239-2463.

TRD-9809302

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: June 10, 1998


Plateau Water Planning Group

Notice of Application for State Financial Assistance for the Development of a Scope of Work for a Regional Water Plan

The Upper Guadalupe River Authority (UGRA), on behalf of the Region “J” Regional Water Planning Group (RWPG) for the Senate Bill 1 Regional Water Planning Program, is providing notice that it will submit an application for financial assistance for the development of a Scope of Work for a Regional Water Plan to he Texas Water Development Board (TWDB). The Region “J” has been established under provisions of Texas Senate Bill 1 to develop a regional water plan for the TWDB Region “J”, which includes the following counties: Bandera, Edwards, Kerr, Kinney, Real, and Val Verde. The Regional Water Plan for this area will identify specific strategies to meet the water demands of all categories of water use for the next 30 years, and identify options to meet these water needs 30 to 50 years into the future.

The first task in the planning process is the development of a scope of work for the water plan. Notice is hereby given that a public hearing of the Region “J” RWPG will be held on Thursday, June 25th, 1998, beginning at 2:00 p.m., at the American Legion Park Building in Rocksprings, Edwards County, Texas, to receive public comment on the items that may be included in the scope of work and to gather suggestions and recommendations as to issues that should be addressed or provisions included in the regional water plan

The Region “J” RWPG has designated the UGRA to make application to the TWDB for state financial assistance for the development of the scope of work. Copies of the application may be obtained from the UGRA offices at the address listed as follows. Any comments on the application must be filed with the Executive Administrator of the TWDB (see address listed) and the UGRA within 30 days of either the date of publication of this notice or the postmark date of this notice.

Rules for the Senate Bill 1 State and Regional Water Planning Program are contained in 31 Texas Administrative Code, Chapter 355, 357, and 358. Additional information may be obtained from the TWDB (TWDB internet address: http://www/twdb.state.tx.us) or from Springhills Water Management District (see address listed)

To file comments or for further information, contact:

Jim Brown, General Manager, Upper Guadalupe River Authority, 125 Lehmann Drive, Suite #100, Kerville, Texas 78029-5909, Phone (830) 896-5445, FAX: (830) 257-2621

Cameron Cornett, Region “J” Secretary, Springhills Water Management District, P.O. Box 771, Bandera, Texas 78003-0071, Phone (830) 796-7260, FAX: (830) 796-8262

Mr. Craig Pedersen, Executive Administrator, Texas Water Development Board, P.O. Box 13231- Capitol Station, Austin, Texas 78711-3231, Phone (512) 463-7847, FAX: (512) 936-0889

TRD-9809333

Cameron E. Cornett

Secretary

Plateau Water Planning Group

Filed: June 10, 1998

Public Utility Commission of Texas

Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule 23.25

Notice is given to the public of an application filed with the Public Utility Commission of Texas on June 5, 1998 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule 23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Application of Southwestern Bell Telephone Company (SWBT) to Introduce a New Optional Service Called Nationwide Listing Service Pursuant to P.U.C. Substantive Rule 23.25. Tariff Control Number 19461.

The Application: SWBT filed an application to introduce an optional service called Nationwide Listing Service (NLS). NLS will offer customers the opportunity to secure listing information on a nationwide basis. Customers may obtain NLS information with a local call to 411. The customer will be charged $.95 or $1.10, depending on the billing method, for each listing request made during the call. The nationwide listing rate applies per listing request whether or not a number is provided; this includes requests for non-published or non-listed numbers. Competitive Local Exchange Companies may purchase NLS at the tariffed rate with the appropriate negotiated discount.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by June 24, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9809278

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 1998


Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 20, 1998, to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Application of Southwestern Bell Telephone (SWBT) to Institute Residence Installment Billing Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 19367.

The Application: SWBT filed an application to institute an optional residence installment billing plan for residence customers. Residence Installment Billing provides the customer the option of paying nonrecurring charges in equal payments over a specified time frame rather than paying all the charges on the first bill. A one-time service handling charge of $5.00 will be applied to the customer's first monthly payment. The $5.00 service handling charge will be waived for any residential customer that meets the eligibility requirements for either the Tel-Assistance Service Program or the Lifeline Discount Telephone Service Program.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by June 24, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9809038

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 1998


Notice of Amendment to Interconnection Agreement

On June 1, 1998, Southwestern Bell Telephone Company and Winstar Wireless of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19424. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19424. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by July 2, 1998, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19424.

TRD-9809224

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1998


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On June 8, 1998, United Telephone Company, d/b/a Utel filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60125. Applicant intends to expand its geographic area to include the entire state of Texas.

The Application: Application of United Telephone Company, d/b/a Utel for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 19464.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than June 24, 1998. You may contact the PUC's Office of Customer Protection at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19464.

TRD-9809279

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 1998


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 3, 1998, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Communications Pearl, LLC. for a Service Provider Certificate of Operating Authority, Docket Number 19429 before the Public Utility Commission of Texas.

Applicant intends to provide resold, non-facilities based, switched-access, local telecommunications service to business and residential customers other than itself.

Applicant's requested SPCOA geographic area includes the geographic areas of Texas served by Southwestern Bell Telephone Company and GTE Southwest, Inc.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120 no later than June 24, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9809116

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1998


Notice of Intent to File Pursuant to P.U.C. Substantive Rule 23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas of an application pursuant to P.U.C. Substantive Rule 23.27 for an addition to the existing PLEXAR-Custom service for Aldine Independent School District (ISD) in Houston, Texas

Tariff Title and Number: Application of Southwestern Bell Telephone Company for an addition to the existing PLEXAR-Custom service for Aldine ISD in Houston, Texas pursuant to P.U.C. Substantive Rule. 23.27. Tariff Control Number 19460.

The Application: Southwestern Bell Telephone Company is requesting approval for an addition to the existing PLEXAR-Custom service for Aldine ISD in Houston, Texas. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston LATA.

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

TRD-9809277

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 1998


Notices of Interconnection Agreement

On June 2, 1998, Southwestern Bell Telephone Company and Level 3 Communications, L.L.C., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19428. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19428. 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 2, 1998, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19428.

TRD-9809221

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1998


On June 1, 1998, West Plains Telecommunications, Inc. and Poka-Lambro PCS, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19422. 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 parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19422. 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 3, 1998, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19422.

TRD-9809222

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1998


On June 1, 1998, Five Area Telephone Cooperative, Inc. and Poka-Lambro PCS, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19423. 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 parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19423. 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 3, 1998, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19423.

TRD-9809223

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1998


On June 2, 1998, Southwestern Bell Telephone Company and Tech Telephone Company, Ltd., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104- 104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19425. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19425. 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 2, 1998, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19425.

TRD-9809225

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1998


On June 2, 1998, Southwestern Bell Telephone Company and Suretel, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 19427. 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 parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 19427. 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 3, 1998, and shall include:

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

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

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

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

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

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

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 19427.

TRD-9809226

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1998


Texas Racing Commission

Notice of Deadline for Applications for Recognition as Horsemen's Representative

The Texas Racing Commission announces that the Commission will accept applications for commission recognition as a horsemen's representative organization. Under the Texas Racing Commission rules, §309.202, the executive secretary shall establish a deadline for filing a request for commission recognition as a horsemen's representative organization and publish that deadline in the Texas Register at least 20 days before the deadline. The executive secretary has established July 20, 1998 as the deadline to file an application. Completed applications must be received in the commission's Austin office by 5:00 p.m. on that date.

In accordance with the Texas Racing Commission rules, §309.202, an organization must file a written request for recognition on the prescribed form. The form must be obtained from the commission. The Texas Racing Commission offices are located at 8505 Cross Park Drive, Suite 110, Austin, Texas 78711. To obtain a copy of the application form or for more information, contact, Gloria Giberson, Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080, and (512) 833-6699.

TRD-9809269

Roselyn Marcus

General Counsel

Texas Racing Commission

Filed: June 9, 1998


Texas A&M University System

Request for Proposal

Texas A&M University requests proposals from consulting firms qualified to assist in contract negotiations with air carriers in accordance with FAA Rates and Charges Policy. Interested firms should be thoroughly versed and experienced in contract negotiations and preparation of applications to impose and use Passenger Facility Charges.

Information can be obtained from Rex Janne, Director of Purchasing Services, Texas A&M University, P.O. Box 30013, College Station, Texas 77842-0013. Mr. Janne can be reached at (409) 845-3425 or e-mail at r-janne@tamu.edu. Proposals from interested firms should be directed to his attention at the above listed previously.

Selection criteria will include competence, experience, knowledge and qualifications in the area of airport contract negotiations. Historically Underutilized Businesses are encouraged to participate in this request for proposal. All things being equal, a preference will be given to a consultant firm whose principal place of business is within the State of Texas.

Proposals must be received on or before 2:00 p.m., July 14, 1998.

TRD-9809268

Thelma Isenhart

Administrative Assistant

Texas A&M University System

Filed: June 9, 1998


Texas Department of Transportation

Public Notices

The Texas Department of Transportation published proposed new §17.52, concerning vehicle emissions enforcement system in the June 12, 1998, issue of the Texas Register . Under the Administrative Procedure Act, Government Code, Chapter 2001, the Texas Department of Transportation will conduct a public hearing to receive comments from interested parties concerning the proposed new rule.

The public hearing will be held at 11:00 a.m. on Tuesday, June 30, 1998, in the first floor hearing room of the Dewitt C. Greer State Highway Building, 125 East 11th Street, Austin, Texas 78701. The hearing will be conducted in accordance with the procedures specified in 43 TAC §1.5. Those desiring to make comments or presentations may register starting at 10:30 a.m. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Comments on the proposed text should include appropriate citations to sections, subsections, paragraphs, etc. for proper reference. Any suggestions or requests for alternative language or other revisions to the proposed text should be submitted in written form. Persons with disabilities who have special communication or accommodation needs and who plan to attend the hearing and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director, Public Information Office, 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-8588 at least two working days prior to the hearing so that appropriate arrangements can be made.

Written comments on the proposed new section may be submitted to Jerry Dike, Director, Vehicle Titles and Registration Division, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments will be 5:00 p.m. on July 13, 1998. For additional information, Mr. Dike may be contacted at (512) 465-7570.

TRD-9809037

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: June 4, 1998


Public Notice: In the June 12, 1998, issue of the Texas Register , the Texas Department of Transportation adopted amendments to §§9.30-9.33, 9.37-9.39, and 9.41-9.43, concerning contracting for Architectural, Engineering and Surveying Services. Effective June 21, 1998, prime providers and subproviders for surveying services must be precertified with TxDOT by the due date of the Letter of Interest. The information concerning the Letter of Interest, Notices, and the precertification process is contained on TxDOT's Internet page under the title "Consultant Contracts/Professional Services for (Eng., Arch., Commercial Lab and Surveying)," and subtitles "TxDOT's Notice for Letter of Interest" and "TxDOT's Precertification Process."

For all providers of engineering, architectural and surveying services, §9.33 now eliminates the use of the Texas Register for publication of notice and provides that TxDOT will advertise projects in local newspapers in addition to advertising them on the TxDOT Internet page located at WWW.DOT.STATE.TX.US/BUSINESS/BUSINESS.HTM.

TRD-9809305

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: June 10, 1998


Texas Water Development Board

Request for Proposals

The Texas Water Development Board (TWDB) requests, pursuant to 31 Texas Administrative Code (TAC) §355.92, the submission of regional water planning proposals leading to the possible award of contracts to develop regional water plans as described in 31 TAC Chapter 357. In order to receive a grant, the applicant must be a political subdivision and must have been designated an eligible applicant by a regional water planning group as defined in 31 TAC §355.91.

Description of Funding Consideration. Total funding for development of regional water plan when combined with grant funds for the scope of work shall not exceed 75% of the total cost of the planning per regional water planning area as defined in 31 TAC §355.91. In the event that acceptable proposals are not submitted, the TWDB retains the right to not award contract funds.

In-kind services such as administrative costs, staff time, and travel costs of the staff and members of the regional water planning group that are directly related to development of the regional water plan may be substituted for any part of the local matching funds, if such services are directly in support of the planning effort, are properly documented, and are approved in advance by the Board. However, time regional water planning group members spend in regional water planning group meetings may not be counted as in-kind contribution. Local matching funds expended and in-kind services performed from the date of the first meeting of the regional water planning group are eligible with Board approval. 31 TAC §355.99(b) and (c).

Deadline, Review Criteria, and Contact Person for Additional Information. Ten double-sided copies of a complete regional planning grant application must be filed with the Board prior to 5:00 p.m., August 1,1998. Proposals must be directed either in person to Phyllis Lightner-Gaynor, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas, or by mail to Phyllis Lightner-Gaynor, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231.

Applications will be evaluated according to 31 TAC §355.94 and the evaluation criteria included in the Texas Water Development Board's application instruction sheet for Senate Bill One Regional Water Planning Grants. All potential applicants must contact the Board to obtain these guidelines. Requests for information, the Board's rules and guidelines covering the research and planning fund, including evaluation criteria, may be directed to Phyllis Lightner-Gaynor at the preceding address by calling (512) 463-3154, or by e-mail at phyllis@TWDB.state.tx.us. This information can be found on the Internet at the following address: http://www.twdb.state.tx.us/www/twdb/sb1_hp.html.

TRD-9809322

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: June 10, 1998


Texas Workforce Commission

Local Innovation and Job Retention and Reemployment Assistance RFA Internet Address

The Request for Applications (RFA) packet for the above grants is available on the Internet, located on the TWC Welfare Reform homepage at:

http://www.twc.state.tx.us/welref/welf.html

TRD-9809283

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 10, 1998


Notice of Availability of Funds and Request for Applications

LOCAL INNOVATION AND JOB RETENTION AND REEMPLOYMENT ASSISTANCE DISCRETIONARY GRANTS

The Texas Workforce Commission (TWC) Welfare Reform Division announces the availability of funds and request for applications (RFA packet) under the following two Fiscal Year 1998 strategies: (1) Local Innovation and (2) Job Retention and Reemployment Assistance. The TWC, as authorized by federal and state laws, invites eligible entities to submit applications for FY 1998 funding of grants to serve welfare recipients in their transition from welfare to self-sufficiency.

Funds for transportation must reasonably accomplish a purpose of the Temporary Assistance for Needy Families (TANF) program. Guidance to TANF funds is attached to the RFA packet.

Under the FY 1998 local innovation strategy, the TWC plans to develop demonstration projects for providing services to welfare recipients that will remove barriers to employment at self-sufficient wage levels, with a focus on collaborative local strategies that address transportation issues.

Under the FY 1998 job retention and reemployment assistance strategy, the TWC plans to develop demonstration projects for providing services to welfare recipients that will improve their ability to retain and advance in a job.

The two strategies are components of the TWC Choices program. TWC Choices services provide work-related activities and support to assist eligible participants to prepare for and retain employment and avoid becoming or remaining dependent on public assistance. A description of the Choices program is attached to the RFA packet

The TWC anticipates announcing a second round of discretionary grants following the same strategies for FY 1999 in September 1998.

AUTHORIZATION OF FUNDING

The TWC certifies that it has authority of funding from federal and state laws. The funds for these programs are federal funds from the U.S. Department of Health and Human Services, Temporary Assistance for Needy Families (TANF) block grants. Funds are subject to the requirements of the Title VI Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), 7 U.S.C. §201.1, et seq. and state laws and regulations, including the 1997-98 state appropriations act (House Bill 1, Rider 27).

ELIGIBLE APPLICANTS

To be eligible, applicants must provide a non-binding, written Notification of Intent to Apply (form attached to RFA packet) to Monica Moguel, TWC Welfare Reform Division, 101 E. 15th Street, Room 434T, Austin, TX 78778-0001. Fax: (512) 463-7379; Email: monica.moguel@twc.state.tx.us ; Ph: (512) 936-3540. This must be received by the TWC no later than 4:30 P.M., Friday, July 3, 1998; this form may be mailed, faxed or emailed. This requirement is necessary to facilitate administrative planning; applicants who fail to provide notification of intent to apply by the stated deadline may be considered ineligible.

For both programs, eligible applicants are private and public entities that can provide services in any of the designated Choices counties in the state of Texas. A list of Choices counties in Texas and contact information is attached to the RFA packet. Applicants must submit signed certification and endorsement of their proposed project by the Local Workforce Development Board (LWDB) responsible for service delivery in the county(s) to be serviced by the proposed project. To facilitate compliance with this requirement, a list of designated LWDB contacts and a standard form letter documenting LWDB certification and endorsement is attached to the RFA packet. In Choices counties without a local workforce development board, applicants should consult directly with the TWC. The local TWC contact is listed in the RFA packet.

Note: LWDBs are not eligible entities as applicants for these discretionary grants. Applicants must consult with LWDBs prior to the development of their applications to ensure that projects are consistent with LWDB policies and priorities.

Applicants may submit only one proposal for services in a single Local Workforce Development Area (LWDA). If the applicant wishes to provide services in more than one LWDA, the applicant must submit a separate application for each LWDA to be served, with the required endorsement from each respective LWDB.

Applicants seeking an award under the local innovation strategy must also provide documentation of consultation and collaboration during project development with the Texas Department of Transportation district Public Transportation Coordinators (PTC), the local Transit Authority, and/or private or community-based organizations that provide transportation services. Contact information for PTCs is attached to the RFA packet. Note that PTCs serve as single points of contact for direct referral to local Transit Authority officials in your area.

AVAILABLE FUNDING

For the local innovation strategy, applications for FY 1998 projects may request up to $100,000. The maximum amount for the total projects to be funded is $400,000. For the job retention and reemployment assistance strategy, TWC will consider proposals for funding ranging from $20,000 to $300,000, to support a diverse array of projects varying in intensity of service and number of Choices participants served. The maximum amount of funding for the job retention and reemployment assistance strategy for FY 1998 is $3,000,000. Discretionary grant funds not awarded for FY 1998 will be added to the funds available for the anticipated second round of grants in FY 1999.

DISCRETIONARY GRANT DESCRIPTION - GOALS AND OBJECTIVES

(1) Local Innovation Strategy

The goal of the local innovation strategy is to invest in the long-term success of welfare recipients in their transition from welfare to self-sufficiency.

The specific objectives of the local innovation strategy are:

To develop, implement and evaluate demonstration projects for providing services to Choices participants that will remove barriers to employment at self-sufficiency wage levels.

To develop a set of models for addressing high priority problems confronting the welfare reform effort that may be replicated by local workforce development boards throughout the state. For FY 1998, transportation is the high priority problem to be addressed.

(2) Job Retention and Reemployment Assistance Strategy

The goal of the job retention and reemployment assistance strategy is to invest in the long-term success of welfare recipients in their transition from welfare to self-sufficiency.

The specific objectives of the job retention and reemployment assistance strategy are:

To develop, implement and evaluate demonstration projects for providing services to Choices participants that improve their ability to retain and advance in a job.

To develop a set of models for addressing job retention and reemployment assistance problems that may be replicated by local workforce development boards throughout the state.

PROJECT DESIGN FEATURES

Under both the local innovation and job retention and reemployment assistance strategies, proposed projects must be responsive to the needs of the employers and Choices participants served in the LWDA. While projects will necessarily reflect the unique resources and circumstances of a particular region, the preference for funding will be given to those project designs that are potentially replicable and adaptable to different LWDAs. Projects must also be responsive to the needs of Choices participants to enable them to move toward self-sufficiency as quickly as possible due to state and federally imposed time limits.

(1) Local Innovation Strategy

The local innovation strategy will require a creative approach to meeting the transportation needs of Choices participants. These needs involve access to reliable, affordable, and efficient transportation to jobs, training, and services such as child care. Addressing these needs in a cost-effective way is critical to the successful transition from welfare to work for many Choices participants.

The strength of proposed projects depends on the extent to which they involve planning and collaboration with the Texas Department of Transportation and/or the local Transit Authority. National research has found a variety of welfare-to-work transportation designs which have been tested in both major metropolitan areas and rural areas and involving a variety of populations, resources, and services. The common characteristic of these successful programs is their systemic approach to removing transportation barriers to welfare-to-work transition. Suggested innovative practices from this research include but are not limited to:

evaluation, planning and coordination to integrate welfare reform priorities within the local transportation system;

specific activities such as reverse commuting, van pooling, and various forms of expanded public and/or private service;

collaboration among workforce development, transportation, social service, and community-based organizations;

marketing and outreach; and

employer engagement.

For further information, see a recent publication by the Department of Transportation and the Community Transportation Association of America entitled "Access to Jobs: A Guide to Innovative Practices in Welfare to Work Transportation." This publication is available on the Internet at http://www.ctaa.org/welfare.

(2) Job Retention and Reemployment Assistance Strategy

The job retention and reemployment assistance strategy will fund demonstration projects that provide model strategies for improving the ability of Choices participants to retain and advance in a job. They may involve any of a full spectrum of services that vary in intensity depending on the number of Choices participants referred to an employer and/or the needs of particular Choices participants.

Suggested job retention strategies include but are not limited to:

Designated job coaches who monitor, counsel, and work with particular Choices participants for a specified period of time to respond effectively on an as-needed basis to a comprehensive range of individual needs and situations.

Choices participant incentives to reward participants for achieving good job retention; this could include cash incentives or vouchers for work related expenses, such as clothing and tools, or for investments such as training.

Designated workplace mentors on job sites with multiple Choices participants who receive a stipend to assist participants as a group in resolving workplace problems to ensure a successful transition from welfare to work.

Outside coaches who facilitate peer counseling and group problem-solving at job sites with multiple Choices participants.

Emergency plans for dependent care and transportation crises that make use of community volunteers to provide drop-in dependent care or temporary transportation to work.

Systemic approaches to removing transportation barriers that put Choices participants at heightened risk of job instability.

Individual Development Accounts (IDAs) to cover business capitalization expenses to establish a transportation service such as a van pool, shuttle, or door-to-door transportation service or other job retention strategy.

Workplace training and adult literacy.

A list of selected references and resources will be attached to the RFA packet.

LENGTH OF CONTRACT

The contract period for both discretionary grants is expected to start by August 31, 1998 and end by August 31, 1999. However, the length of the contract may be extended where needed to provide sufficient time to conduct a reliable evaluation.

SCHEDULE OF MAJOR EVENTS

The schedule of major events for both discretionary grants is:

Release NOFA 6/19/98

Notification of intent to apply due 7/03/98

Application submission deadline 7/22/98

Selection notification begins 7/31/98

Contract negotiation begins 8/03/98

Contract signed by 8/28/98

Project expected start date by 8/31/98

Project expected end date 8/31/99

SELECTION CRITERIA

(1) Local Innovation Discretionary Grant

The selection criteria:

Contractor experience in program or concept development and delivery of workforce development and related support services, including transportation, for low-income individuals and recipients of public assistance.

Strength of contractor's consultation during project development with Texas Department of Transportation and/or the local Transit Authority. Strength of contractor's project design for coordination and collaboration among workforce development, social service and transportation providers.

Strength of contractor's project design for engaging employers in partnerships that provide businesses and the Choices participants they employ reliable, affordable and efficient transportation.

Contractor ability to leverage existing resources to offer services. Contractor ability to leverage non-state and non-federal financial support for extending service coverage and enhancing service quality.

Strength of contractor's project design for potential cost-effective replicability and adaptation to different LWDBs.

Strength of proposed evaluation plan.

(2) Job Retention and Reemployment Assistance Strategy

The selection criteria are:

Contractor experience in program or concept development and delivery of comprehensive job retention and reemployment assistance services for low-income individuals and recipients of public assistance.

Strength of contractor's project design for engaging employers in partnerships that enable businesses and the Choices participants they employ to develop mutually beneficial, long-term relationships.

Strength of contractor's project design for potential cost-effective replicability and adaptation to different LWDBs.

Contractor ability to leverage existing resources to offer services. Contractor ability to leverage non-state and non-federal financial support for extending service coverage and enhancing service quality.

Strength of proposed evaluation plan.

APPLICATION PROCESS

Applicants must request an RFA packet from the Welfare Reform Division. Applications must be submitted by July 22, 1998. Call Monica Moguel at (512) 936-3540 to request an RFA packet or fax a request to (512) 463-7379 directed to the attention of Monica Moguel. Requests may also be by email to monica.moguel@twc.state.tx.us.

SELECTION, NOTIFICATION, AND NEGOTIATION PROCESS

A panel of Texas Workforce Commission and outside readers will evaluate applications. Evaluation criteria is included in the RFA packet. Contract negotiation will take place immediately after selection. A designated person from the selected entity must be readily available to respond to inquiries, prepare proposed amendments, and negotiate with TWC concerning budget and/or programmatic revisions during the entire contract negotiation process. If a designated person is not readily available to promptly respond to requests for revisions, the applicant will not be considered for contract. The LWDB of the county(s) served by the proposed project must be involved in the negotiation of the contract.

Final selection is contingent upon successful negotiation. TWC reserves the right to vary all provisions of this Notice of Availability of Funds prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas.

DUE DATE AND AGENCY CONTACT

The deadline for receipt and consideration of applications under the local innovation and the job retention and reemployment assistance strategies is 5:00 P.M., Wednesday, July 22, 1998. For further information on this RFA, contact Jeffrey Kaufman, Contract Specialist, Texas Workforce Commission, Welfare Reform Division, 101 E. 15th Street, Room 452T, Austin, TX 78778-0001. Phone: 512/936-3560; FAX: 512/463-9994; Email jeffrey.kaufman@twc.state.tx.us.

A notice of the award grantees will be published in the Texas Register following contract execution.

TWC's OBLIGATIONS

TWC's obligations under this Notice are contingent upon the actual receipt by the Agency of funds from the U.S. Department of Health and Human Services. If adequate funds are not available to make payment under this grant, TWC shall terminate this request for applications or the resulting contract and will not be liable for failure to make payments.

TRD-9809250

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 9, 1998


Notices of Grant Awards

The Texas Workforce Commission files this notice of grant recipients receiving contracts for the Texas School-Age Child Care Grant. Authority of funding was granted in the Texas Education Code Annotated, §33.902 (Vernon Supp. 1998).

The original request appeared in the July 15, 1997, issue of the Texas Register .

Grants were awarded to: Austin Independent School District whose business address is 1111 W. 6th Street #D-150, Austin, Texas 78703-5399; Brownwood Independent School District whose business address is P.O. Box 730, Brownwood, Texas 76804; Comfort Independent School District whose business address is P.O. Box 398, Comfort, Texas 78013-0398; Del Valle Independent School District whose business address is 2407 Shapard Lane, Del Valle, Texas 78617; Fort Worth Independent School District whose business address is 100 N. University Drive, Fort Worth, Texas, 76107; Giddings Independent School District whose business address is P.O. Box 389, Giddings, Texas 78942; Hitchcock Independent School District whose business address is 8117 Highway 6, Hitchcock, Texas 77563; Keller Independent School District whose business address is 305 Lorine Street, Keller, Texas 78363; Pittsburg Independent School District whose business address is P.O. Box 621, Pittsburg, Texas 75686; Royse City Independent School District whose business address is P.O. Box 479, Royse City, Texas 75189; San Antonio Independent School District whose business address is 510 Morningview Drive, San Antonio, Texas 78220; Sante Fe Independent School District whose business address is P.O. Box 370, Sante Fe, Texas 77517; Snyder Independent School District whose business address is 2901 37th Street, Snyder, Texas 79549; Sonora Independent School District whose business address is 807 S. Concho, Sonora, Texas 76950; and Spearman Independent School District whose business address is 403 East 11th Street Spearman, Texas 79081.

The total funding awarded for this grant was $400,000 with each contract having a beginning date of October 1, 1997 and an ending date of August 31, 1998.

Funds are to be used for the expansion and/or quality improvement of existing child care programs and reasonable start-up costs for new programs that serve school-age children.

TRD-9809307

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 10, 1998


The Texas Workforce Commission files this notice of grant recipients receiving contracts for the Texas Child Care Resource and Referral Grant. Authority for funding is under the FY 1997 Appropriations Bill for the Federal Department of Health and Human Services.

The original request appeared in the February 7, 1997, issue of the Texas Register .

Grants were awarded to: Austin Families whose business address is 3000 Centre Park Drive #360, Austin, Texas 78754; Family Service Association of San Antonio whose business address is 130 Lewis Street, San Antonio, Texas 78212; First Texas Council of Camp Fire, Inc. whose business address is 2700 Meacham Boulevard, Fort Worth, Texas 76137-4699; Initiatives for Children, Inc. whose business address is 5433 Westheimer, Suite 620, Houston, Texas 77056-5305; and The Child Care Group, whose business address is 1222 Riverbend, Suite 250, Dallas, Texas 75247.

The total funding awarded for this grant was $250,000 with each contract having a beginning date of July 1, 1997 and an ending date of August 31, 1998.

Funds are to be used for direct service activities in planning, development, establishment, operation, expansion and or improvement of child care resource and referral services.

TRD-9809312

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 10, 1998


The Texas Workforce Commission files this notice of grant recipients receiving contracts for the Texas Information and Referral Child Care Grant. Authority for funding is under the FY 1997 Appropriations Bill for the Federal Department of Health and Human Services.

The original request appeared in the July 15, 1997, issue of the Texas Register .

Grants were awarded to: Casa De Amigos of Midland, Texas, whose business address 1101 E. Garden Lane, Midland, Texas 79701-3683; Kleberg County Aleman Services whose business address 720 E. Lee, Kingsville, Texas 75686; United Way of Brazoria County whose business address P.O. Box 1959, Angelton, Texas 77516-1959; United Way of Grayson County whose business address is P.O. Box 1112, Sherman, Texas 75091; United Way of Metropolitan Forth Worth/Tarrant County whose business address is 210 E. 9th Street, Fort Worth, Texas 76102-6494; United Way of San Antonio and Bexar County whose business address is P.O. Box 89, San Antonio, Texas 78293-0898; and United Way of Texas Gulf Coast whose business address is P.O. Box 924507, Houston, Texas 77292-4507.

The total funding awarded for this grant was $200,000 with each contract having a beginning date of October 1, 1997 and an ending date of August 31, 1998.

Funds are to be used for the expansion of information and referral services for working families with child care needs.

TRD-9809308

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 10, 1998


The Texas Workforce Commission files this notice of grant recipients receiving contracts for the Community Representatives Training Grant. Authority for funding was granted by the Texas Labor Code Annotated, §81.0045 (Vernon 1996).

The original request appeared in the October 3, 1997, issue of the Texas Register .

Grants were awarded to: Nancy Hard whose business address is 130 Lewis Street, San Antonio, Texas 78212; Phyllis Jack-Moore whose business address is P.O. Box 160697, Austin, Texas 78716; and Sue McCormick whose business address is 6908 Hillwood Lane, Dallas, Texas 75248.

The total funding awarded for this grant was $24,000 with each contract having a beginning date of January 1, 1998 and an ending date of August 31, 1998.

Funds are to be used to provide training and assistance to designated employer groups and community organizations to develop the capacity to construct a functioning local employer coalition whose purpose is to assess, improve, and expand dependent care services to working families.

TRD-9809309

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 10, 1998


The Texas Workforce Commission files this notice of grant recipients receiving contracts for the Local Community Employer Coalition Capacity Building Grant. Authority for funding was granted by the Texas Labor Code Annotated, §81.0045 (Vernon 1996).

The original request appeared in the October 3, 1997, issue of the Texas Register .

Grants were awarded to: Austin Families, Inc. whose business address is 8000 Centre Park Dr., #360, Austin, Texas 78754; Del Mar College whose business address is 101 Baldwin, Corpus Christi, Texas 78404-3897; University of North Texas Center for Parent Education whose business address is P.O. Box 13857, Denton, Texas 76203-6857; Children's Enterprises, Inc. whose business address is 1901 University, Suite 421A, Lubbock, Texas 79410; and Champions for Children whose business address is P.O. Box 6053, Tyler, Texas 75711.

The total funding awarded for this grant was $90,000 with each contract having a beginning date of January 1, 1998 and an ending date of August 31, 1998.

Funds are to be used to develop community capacity to build a local employer coalition to improve and expand dependent care services to working families.

TRD-9809310

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 10, 1998


The Texas Workforce Commission files this notice of grant recipients receiving contracts for the Texas School-Age Enhancement Grant (Federal). Authority for funding is under the FY 1997 Appropriations Bill for the Federal Department of Health and Human Services.

The original request appeared in the January 24, 1997, issue of the Texas Register .

Grants were awarded to: Amarillo Community Center whose business address is 609 South Carolina, Amarillo, Texas 79106; American Institute for Learning whose business address is 422 Congress Avenue, Austin, Texas 78701; Austin Independent School District whose business address is 1111 W. 6th Street, Austin, Texas 78703; Brenham Independent School District whose business address is 711 Mansfield, Brenham, Texas 77834; Child Crisis Center whose business address is 2100 N. Stevens, El Paso, Texas 79930; Ed White Memorial Youth Center whose business address is 1513 Third Street, Seabrook, Texas 77586; Family Crisis of the Big Bend whose business address is P.O. Box 1470, Alpine, Texas 79831; First Texas Council of Camp Fire Inc. whose business address is 2700 Meacham Blvd., Fort Worth, Texas 76137; Hitchcock Independent School District whose business address is 8117 Highway 6, Hitchcock, Texas 77653; Panhandle Plains Council of Camp Fire Inc., 2808 Canyon Drive, Amarillo, Texas 79109; Pittsburg Independent School District whose business address is P.O. Box 621, Pittsburg, Texas 75686; Port Aransas Kiwanis Club whose business address is 1106 Channel Vista Drive, Port Aransas, Texas 78373; Snyder ISD whose business address is 2901 37th Street, Snyder, Texas 79549; YMCA of Fort Worth whose business address is 540 Lamar, Fort Worth, Texas 76102; YMCA of San Antonio whose business address is 5726 Ingram Road, San Antonio, Texas 78228; YWCA of Lubbock whose business address is 3103 35th Street, Lubbock, Texas 79413; YWCA of Metropolitan Dallas whose business address is 4621 Ross Avenue, Dallas, Texas 75204; Victoria Independent School District whose business address is P.O. Box 1759, Victoria, Texas 77901; and Winters Independent School District whose business address is P.O. Box 125, Winters, Texas 79567.

The total funding awarded for this grant was $486,000 with each contract having a beginning date of May 1, 1997 and an ending date of August 31, 1998.

Funds are to be used for the planning, development, establishment, operation, expansion, and/or improvement of programs to provide school-age child care services before and after school in public or private school facilities.

TRD-9809311

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 10, 1998


Notice of Intent to Review Catalogue

The Texas Workforce Commission (TWC) announces a Request for Offers (RFO) to solicit proposals for the development of an internet-based job matching system in support of the agency's workforce development system. This system will be tailored to meet the needs of Texas employers and job seekers, and must meet all program and reporting guidelines required by the United States Department of Labor (USDOL). The system must also support the Local Workforce Development Area (LWDA) structure, and must meet a considerable number of other requirements, including interfaces with existing database systems and other applications. A complete list of system requirements is included within the formal Request for Offers.

Respondents must respond with an offer for services to commence in July 1998 . Additionally, any respondent must be a Qualified Information Services Vendor (QISV), approved by the General Services Commission (GSC) on the date an offer is submitted. Interested vendors are responsible for ensuring that they meet GSC criteria as a QISV. Closing date: 5:00 P.M., July 8, 1998 .

Vendors capable of meeting the above requirements who are interested in obtaining a copy of the Request for Offers may contact: Jane B. Haney, Director, IRP&P Department, Room 153, Texas Workforce Commission, 101 E.15th Street, Austin, Texas 78778-0001, Telephone (512) 463-2482, Facsimile: (512) 463-2442; or email: Jane.Haney@twc.state.tx.us

TWC reserves the right to reject any and all responses submitted and to accept the offer that is to be considered to be the best value to TWC and the State of Texas. TWC may request additional information as necessary to clarify, explain, and verify any aspect of an offer. TWC shall be the sole judge of the acceptability of any offer.

TRD-9809251

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 9, 1998