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

Request for Proposal

This Request for Proposal is filed pursuant to Texas Government Code §2254.021 et seq.

The Office of the Attorney General of Texas ("the OAG") requests that professional consultants with documented expertise and experience in the field of indirect cost recovery and cost allocation plans for governmental units submit proposals to prepare Indirect Cost Plans for State Fiscal Years 1997 ("FY97") (based on actual expenditures) and 1999 ("FY99") (based on budgeted expenditures) and to analyze and update standardized billing rates for legal services provided by the OAG. In accordance with Texas Government Code §2254.029(b), the OAG hereby discloses that similar services related to indirect cost plans and legal billing rates covering earlier fiscal years have been previously provided to the OAG by a consultant.

The OAG administers millions of dollars of federal funds for the Child Support (Title IV-D) and Medicaid (Title XIX) programs. Currently, the OAG is recouping its indirect costs from these federal programs based on rates approved by the United States Department of Health and Human Services ("HHS").

The OAG also provides legal services to other state agencies. The consultant selected will be responsible for analyzing the existing billing rates and actual costs and then updating the legal services rates for use in FY99.

The consultant selected to prepare the Indirect Cost Plans and to develop current, standardized legal billing rates must demonstrate the necessary qualifications and experience listed in the "QUALIFICATIONS" section. The successful consultant will also be required to perform the services and generate the reports listed in the "SCOPE OF SERVICES" section. The acceptance of a proposal by the OAG, made in response to this Request for Proposal, will be based on the OAG's evaluation of the competence, knowledge, and qualifications of the consultant, in addition to the reasonableness of the proposed fee for services. The total contract award will not exceed $50,000.

SCOPE OF SERVICES

The successful consultant will be required to render the following services and reports:

1. Prepare two Indirect Cost Plans in accordance with OMB Circular A-87 one based on FY97 actual expenditures and one based on FY99 budgeted expenditures

* Identify the sources of financial information;

* Inventory all federal and other programs administered by the OAG;

* Classify all OAG divisions;

* Determine administrative divisions;

* Determine allocation bases for allotting services to benefitting divisions;

* Develop allocation data for each allocation base;

* Prepare allocation worksheets based upon actual FY97 expenditures and budgeted FY99 expenditures;

* Summarize costs by benefitting division;

* Collect cost data for all of the programs included in the inventory of federal and other programs administered by the OAG;

* Determine indirect cost rates throughout the OAG on an annual basis;

* Prepare and present draft Indirect Cost Plans to the OAG by May 1, 1998;

* Formalize the Actual FY97 and Budgeted FY99 Indirect Cost Plans and present them to HHS by May 15, 1998; and

* Negotiate the Indirect Cost Plans' approval with HHS by August 31, 1998.

2. Develop standardized billing rates for legal services

* Review current criteria used by the OAG for charging various agencies;

* Determine the types of legal services provided to the agencies;

* Compile direct hours for each type of service;

* Determine effort reporting requirements;

* Re-examine billing rate options;

* Determine the actual cost of services;

* Analyze and confirm revenues and cost analyses;

* Prepare and present a draft Legal Services Billing Schedule to the OAG by August 1, 1998; and

* Formalize a Legal Services Billing Schedule by August 31, 1998.

The selected consultant will accumulate and analyze all data that are required. The OAG is not expected to provide any staff resources to the selected consultant. The OAG will provide a liaison with staff within the OAG and with other state agencies, as appropriate. QUALIFICATIONS

Each individual, company, or organization submitting a proposal pursuant to this request, must present evidence or otherwise demonstrate to the satisfaction of the OAG that such entity:

1. Has the experience to prepare and successfully negotiate the type of Indirect Cost Plan described above;

2. Has a thorough understanding of cost allocation issues and preparation of Indirect Cost Plans at the state agency level;

3. Has a thorough understanding of legal services billing procedures and preparation of a Legal Services Billing Schedule; and

4. Can program and execute the Indirect Cost Plans and Legal Services Billing Schedule within the required time frames specified in the "SCOPE OF SERVICES" section.

Please provide evidence of the above qualifications and a proposal which includes:

1. A detailed description of the plan of action to fulfill the requirements described in the "SCOPE OF SERVICES" section;

2. Detailed information on the consultant staff to be assigned to the project; and

3. The proposed fee amount for provision of the desired services.

A signed original and five copies of the proposal must be received in the OAG Purchasing Section, 300 West 15th Street, Third Floor, Austin, Texas 78701, no later than 3:00 p.m.,Central Standard Time, March 9, 1998. Any proposal received after the specified time and date will not be given consideration. Conditioned on the OAG's receipt of the requisite finding of fact from the Governor's Budget and Planning Office pursuant to Texas Government Code section 2245.028, the OAG anticipates entering into the resultant contract on or about March 20, 1998.

A proposal must include all of the references and financial status information as specified below at the time of opening or it will be disqualified. Proposals should be sealed and clearly marked with the specified time and date and the title, "Proposal for Consulting Services for an Indirect Cost Recovery/Cost Allocation Plan and Legal Services Billing Schedule for the OAG."

REFERENCES AND FINANCIAL CONDITION

Prospective consultants will provide the names of at least three different references meeting the following criteria:

1. The reference company or entity must have engaged the prospective consultant for the same or similar services as those to be provided in accordance with the terms of this Request for Proposal;

2. The services must have been provided by the prospective consultant to the reference company or entity within the five years preceding the issuance of this Request for Proposal;

3. The reference company or entity must not be affiliated with the prospective consultant in any ownership or joint venture arrangement;

4. References must include the company or entity name, address, contact name, and telephone number for each reference. The OAG may not be used as a reference. The contact name must be the name of a senior representative of the reference company or entity who was directly responsible for interacting with the prospective consultant throughout the performance of the engagement and who can address questions about the performance of the prospective consultant from personal experience. References will accompany the proposal.

5. The prospective consultant will provide a signed release from liability for each reference provided in response to this requirement. The release from liability will absolve the specified reference company or entity from liability for information provided to the OAG concerning the prospective consultant's performance of its engagement with the reference.

6. The prospective consultant must disclose if and when it has filed for bankruptcy within the last seven years. For prospective consultants conducting business as a corporation, partnership, limited liability partnership, or other form of artificial person, the prospective consultant must disclose whether any of its principals, partners, or officers have filed for bankruptcy within the last seven years.

7. As part of any proposal submission, the prospective consultant must include information regarding financial condition, including income statements, balance sheets, and any other information which accurately shows the prospective consultant's current financial condition. The OAG reserves the right to request such additional financial information as it deems necessary to evaluate the prospective consultant, and by submission of a proposal, the prospective consultant agrees to provide same.

DISCLOSURE BY FORMER EMPLOYEES OF A STATE AGENCY

Any individual who provides a proposal for consulting services in response to this Request for Proposal and who has been employed by the OAG or any other state agency(ies) at any time during the two years preceding the tendering of the proposal will disclose in the proposal:

1. the nature of the previous employment with the OAG or any other state agency(ies);

2. the date(s) the employment(s) terminated; and

3. the annual rate(s) of compensation for the employment(s) at the time(s) of termination.

PAYMENT

Payment for services will be made upon receipt of invoices presented to the OAG in the form and manner specified by the OAG after certification of acceptance of all deliverables.

PROPOSAL PREPARATION AND CONTRACTING EXPENSES

All proposals must be typed, double spaced, on 8 1/2" x 11" paper, clearly legible, with all pages sequentially numbered and bound or stapled together. The name of the prospective consultant must be typed at the top of each page. Do not attach covers, binders, pamphlets, or other items not specifically requested.

A Table of Contents must be included with respective page numbers opposite each topic. The proposal must contain the following completed items in the following sequence:

1. Transmittal Letter: A letter addressed to Ms. Julie Geeslin (address at the end of this Request for Proposal) that identifies the person or entity submitting the proposal and includes a commitment by that person or entity to provide the services required by the OAG. The letter must state, "The proposal enclosed is binding and valid at the discretion of the OAG." The letter must specifically identify the project for this proposal. The letter must include "full acceptance of the terms and conditions of the contract resulting from this Request for Proposal." Any exceptions must be specifically noted in the letter. However, any exceptions may disqualify the proposal from further consideration at the OAG's discretion.

2. Executive Summary: A summary of the contents of the proposal, excluding cost information. Address services that are offered beyond those specifically requested as well as those offered within specified deliverables. Explain any missing or other requirements not met, realizing that failure to provide necessary information or offer required service deliverables may result in disqualification of the proposal.

3. Project Proposal

4. Cost Proposal

5. Relevant Technical Skill Statement (with references and vitae)

6. Relevant Experience Statement (with references and vitae)

To be considered responsive, a proposal must set forth full, accurate, and complete information as required by this request. A non-responsive proposal will not be considered for further evaluation. If the requirement that is not met is considered a minor irregularity or an inconsequential variation, an exception may be made at the discretion of the OAG and the proposal may be considered responsive.

A written request for withdrawal of a proposal is permitted any time prior to the submission deadline and must be received by Ms. Julie Geeslin (address at the end of this Request for Proposal). After the deadline, proposals will be considered firm and binding offers at the option of the OAG.

Preliminary and final negotiations with top-ranked prospective consultants may be held at the discretion of the OAG. The OAG may decide, at its sole option and in its sole discretion, to negotiate with one, several, or none of the prospective consultants submitting proposals pursuant to this request. During the negotiation process, the OAG and any prospective consultant(s) with whom the OAG chooses to negotiate, may adjust the scope of the services, alter the method of providing the services, and/or alter the costs of the services so long as the changes are mutually agreed upon and are in the best interest of the OAG. Statements made by a prospective consultant in the proposal packet or in other appropriate written form will be binding unless specifically changed during final negotiations. A contract award may be made by the OAG without negotiations if the OAG determines that such an award is in the OAG's best interest.

All prospective consultants of record will be sent written notice of which, if any, prospective consultant(s) is selected for the contract award on or about March 23, 1998.

All proposals are considered to be public information subsequent to an award of the contract. All information relating to proposals will be subject to the Public Information Act, Texas Government Code Annotated, Chapter 552, after the award of the contract. All documents will be presumed to be public unless a specific exception in that Act applies. Prospective consultants are requested to avoid providing information which is proprietary, but if it is necessary to do so, proposals must specify the specific information which the prospective consultant considers to be exempted from disclosure under the Act and those pages or portions of pages which contain the protected information must be clearly marked. The specific exemption which the prospective consultant believes protects that information must be cited. The OAG will assume that a proposal submitted to the OAG contains no proprietary or confidential information if the prospective consultant has not marked or otherwise identified such information in the proposal at the time of its submission to the OAG.

The OAG has sole discretion and the absolute right to reject any and all offers, terminate this Request for Proposal, or amend or delay this Request for Proposal. The OAG will not pay any cost incurred by a prospective consultant in the preparation of a response to this Request for Proposal and such costs will not be included in the budget of the prospective consultant submitted pursuant to this Request for Proposal. The issuance of this Request for Proposal does not constitute a commitment by the OAG to award any contract. This Request for Proposal and any contract which may result from it are subject to appropriation of State and Federal funds and the Request for Proposal and/or contract may be terminated at any time if such funds are not available.

The OAG reserves the right to accept or reject any or all proposals submitted in response to this request and to negotiate modifications necessary to improve the quality or cost effectiveness of any proposal to the OAG. The OAG is under no legal obligation to enter into a contract with any offeror of any proposal on the basis of this request. The OAG intends any material provided in this Request for Proposal only and solely as a means of identifying the scope of services and qualifications sought.

The State of Texas assumes no responsibility for expenses incurred in the preparation of responses to this Request for Proposal. All expenses associated with the preparation of the proposal solicited by this Request for Proposal will remain the sole responsibility of the prospective consultant. Further, in the event that the prospective consultant is engaged to provide the services contemplated by this Request for Proposal, any expenses incurred by the prospective consultant associated with the negotiation and execution of the contract for the engagement will remain the obligation of the consultant.

Please address responses to: Ms. Julie Geeslin, Budget and Purchasing Division, Office of the Attorney General of Texas, 300 West 15th Street, Third Floor, P.O. 12548 Austin, Texas 78711-2548, (Phone: 512-475-4495).

TRD-9801269

Sarah Shirley

Assistant Attorney General

Office of the Attorney General

Filed: January 28, 1998

Coastal Coordination Council

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 January 14, 1998, through January 27, 1998:

FEDERAL AGENCY ACTIONS:

Applicant: Petro-Guard Protection, L.L.C.; Location: State Tracts 111,111A, 112 and the south half of 138, in Matagorda Bay and Saluria Bayou in Calhoun and Matagorda Counties, Texas; Project No.: 98-0014-F1; Description of Proposed Action: The applicant proposes to erect and maintain structures and appurtenances to be used in the drilling of wells for the production of oil, gas and other hydrocarbons. The structures will be constructed from steel or timber and will include derrick platforms, production platforms and protective structures. Also, foundations for the installation of aids to navigation, to construct mooring and markers, to drive test piling, conduct coring operations and to construct pipelines. Shell or washed gravel fill may be placed on drill sites as needed; Type of Application: U.S.C.O.E. permit application #21161 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: Union Pacific Railroad; Location: Coady Yard, on Wade Road, in Baytown, Harris County, Texas; Project No.: 98-0020-F1; Description of Proposed Action: The applicant proposes to place approximately 17,000 cubic yards of granular fill material into 8.8 acres of isolated wetlands to facilitate the expansion of an existing rail yard. The existing rail yard is proposed to be expanded from five to eleven tracks to provide additional handling capacity for the Houston area. The existing wetlands are dominated by Sapium sebiferum. As mitigation for the wetland impacts, the applicant is proposing to preserve and enhance 16.9 acres of wetlands located adjacent to Cedar Bayou; Type of Application: U.S.C.O.E. permit application #21160 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Palmera Properties, Inc.; Location: Neches River, northeast of Spindletop, adjacent to the intersection of State Highway 347 and State Highway 380, Jefferson County, Texas; Project No.: 98-0021-F1; Description of Proposed Action: The applicant proposes to construct a bulk material transfer facility, including ship and barge docks, warehouses, and office buildings, on an industrial site formerly known as the Texas Gulf Sulfur Facility. The applicant proposes to fill 28.87 acres of wetlands on the site, with approximately 65,000 cubic yards of material, to prepare the site for construction. Approximately 18.87 acres of the wetlands to be filled are non-tidal, bottomland hardwoods. The remaining 10 acres of wetlands are tidal, emergent wetlands along the Neches River; Type of Application: U.S.C.O.E. permit application #21133 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: Laguna Madre Water District; Location: Laguna Vista Water Plant on State Highway 100, approximately 1.3 miles west of its intersection with FM 510; Project No.: 98- 0022-F1; Description of Proposed Action: The applicant proposes to fill a 2,225 square-foot area, construct a 3.5-acre sludge lagoon, and excavate a 4.3-acre lake in order to expand the facilities on an existing water treatment plant. All of these activities will take place in a wetland are surrounding the treatment plant. The fill area will be located near a proposed ammonia building to stabilize the area for the buildingþs foundation. Approximately 500 cubic yards of fill material will be used at this site; Type of Application: U.S.C.O.E. permit application #21122 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: Matagorda County - Palacios Seawall Commission; Location: 1500 feet north of Well Point and extending to the first opening into Sartwelle Lakes, in north Matagorda Bay, approximately 4 miles south of Palacios, Matagorda County, Texas; Project No.: 98-0023-F1 Description of Proposed Action: The applicant proposes to construct a rock revetment to prevent erosion of a shell beach and a temporary culvert across a tidal stream to provide access to the site for construction equipment. The culvert will be removed when the project is completed and the area restored to pre-construction contours. The revetment will be 3,240 feet long and will consists of two parts. The south 1,170 feet of revetment will be placed in front of an existing, rapidly deteriorating, timber bulkhead. The north 2,070 feet of revetment will be placed along natural beach. To provide the proper grade for the revetment, approximately 1,150 cubic yards of material will be excavated below the mean high water; Type of Application: U.S.C.O.E. permit application #21139 §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: Aker Gulf Marine; Location: Gulf Intracoastal Waterway, near the Corpus Christi Ship Channel, near the end of FM 1069, approximately 3 miles southeast from Ingleside on the Bay, San Patricio County, Texas; Project No.: 98-0024- F1; Description of Proposed Action: The applicant proposes to combine Permit #12452(07) and #17225(08). Both permits are held by the applicant and both concern dredging and the construction and maintenance of a facility to service barges and offshore commercial vessels, and oilfield development structures. Also requested is authorization to dredge a shallow shelf area to -45 feet mean low tide (MLT) and reduce excavation depths of previously approved adjacent areas from -25 feet MLT to -45 feet MLT. The new excavation will involve 120,000 square feet and generate 173,800 cubic yards of material. All mitigation and conditions of Permit #12452(07) and #17225(08) will remain in full force and effect. Purpose of the work is to give the applicant the ability to safely handle the very large structures that are required in the offshore industry. Type of Application: .S.C.O.E. permit application #21175 §10 of the Rivers and Harbors Act of 1899 (33 .S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

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

TRD-9801261

Garry Mauro

Chairman

Coastal Coordination Council

Notices of Consultant Contract Award

Comptroller of Public Accounts

In accordance with the provisions of Chapter 2254, Subchapter B of the Texas Government Code, the Comptroller of Public Accounts announces this notice of consultant contract award.

The consultant proposal request was published in the October 24, 1997 issue of the Texas Register (22 TexReg 10549).

The consultant will review and evaluate methodologies used in developing the state's property value study, and develop findings and recommendations for improving such methodologies.

The contract is awarded to Analytical Systems, Inc., 20 Colony Park Circle, Post Office Box 3041, Galveston, Texas. The total dollar value of the contract is not to exceed $25,000.00 in the aggregate. The effective date of the contract was January 9, 1998, and it extends through August 31, 1998. The work on the project is scheduled to be completed on or about August 31, 1998.

TRD-9800998

Walter Muse

Legal Counsel

Comptroller of Public Accounts

Office of Consumer Credit Commissioner

In accordance with the provisions of Chapter 2254, Subchapter B of the Texas Government Code, the Comptroller of Public Accounts announces this notice of consultant contract award.

The consultant proposal request was published in the December 5, 1997 issue of the Texas Register (22 TexReg 12156).

The consultant will assist the Comptroller in conducting a management and performance review of the Wimberley Independent School District, and will produce periodic progress reports and assist in producing a final report. These reports shall include analyses and recommendations to contain costs, improve management strategies, and to promote better education through school administrative efficiency.

The contract is awarded to Empirical Management Services, 8323 Southwest Freeway, Suite 510, Houston, Texas 77074. The total dollar value of the contract is not to exceed $69,965.00 in the aggregate. The effective date of the contract was January 26, 1998, and it extends through August 31, 1998. Empirical Management Services is to assist the Comptroller in preparing a final report which will be made public on or about July 10, 1998.

TRD-9801244

Walter Muse

Legal Counsel

Comptroller of Public Accounts

Filed: January 28, 1998

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.009, and 1E.003, Vernon's Texas Civil Statutes).

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 01/26/98 - 02/01/98 is 18% for Consumer ¹ /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 01/26/98 - 02/01/98 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 02/01/98 - 02/28/98 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 02/01/98 - 02/28/98 is 10% for Commercial over $250,000.

¹ Credit for personal, family or household use.

² Credit for business, commercial, investment or other similar purpose.

TRD-9800958

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 21, 1998

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.005 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.005, and 1D.009, Vernon's Texas Civil Statutes).

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 02/02/98 - 02/08/98 is 18% for Consumer ¹ /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 02/02/98 - 02/08/98 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 ³ for the period of 02/01/98 - 02/28/98 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 for the period of 02 /01/98 - 02/28/98 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

² Credit for business, commercial, investment or other similar purpose.

³ For variable rate commercial transactions only.

TRD-9801198

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 27, 1998

Fire Fighters' Pension Commissioner

Request for Proposals for Investment Consulting Services for the Texas Statewide Emergency Services Retirement Fund Administered by the Office of the Fire Fighters' Pension Commissioner

Introduction. The Office of the Fire Fighters' Pension Commissioner (the Office) issues this notice of request for proposals seeking an investment consultant to advise the Board of Trustees and the Commissioner of the Office concerning the investment of the assets of the Texas Statewide Emergency Service Retirement Fund (the Fund). At the end of fiscal year 1997, the Fund had assets with a market value of approximately $25 million.

Services. Services to be provided by an investment consultant include: (1) development of a strategic planning overview for the Fund, including the development of an investment policy statement; (2) performance measurement; (3) investment manager search capabilities; (4) custodial search capabilities and the ability to evaluate outside custodians; and (5) general responsibilities concerning communication, development and review of the Fund's investment policy, development of miscellaneous policies and guidelines and research support.

Copies of the RFP. To receive a copy of the complete RFP, contact Morris E. Sandefer, Commissioner, Office of the Fire Fighters' Pension Commissioner, 920 Colorado Street, 11th floor, Austin, Texas 78701. Telephone (512) 936-3473; facsimile no. (512) 936-3480.

Written Questions. Questions concerning the RFP may be submitted in writing, no later than February 18, 1998, to Morris E. Sandefer, Commissioner, Office of the Fire Fighters' Pension Commissioner, 920 Colorado Street, 11th floor, Austin, Texas 78701. Telephone (512) 936-3473; facsimile no. (512) 936-3480.

Closing Date for Receipt of Proposals. Fifteen copies of the proposal, including two unbound copies, must be submitted in accordance with Section VIII of the RFP to Morris E. Sandefer, Commissioner, Office of the Fire Fighters' Pension Commissioner, 920 Colorado Street, 11th floor, Austin, Texas 78701 no later than 12:00 noon, CST, on February 27, 1998. Proposals received after the deadline will not be considered by the Office and will be returned, unopened, to the proposer.

Evaluation Process. Proposals meeting the minimum qualifications for consideration will be evaluated and independently scored by each member of the Board of Trustees using weighted criteria relating to the competence and qualifications of the proposer. At least three finalists will be selected to make presentations to the Board of Trustees. The presentations will probably be scheduled for the March 19, 1998 Board of Trustees' meeting in Brenham, Texas.

The Office is not obligated to execute a contract as a result of the issuance of this RFP. The RFP does not commit the Office to pay any costs incurred before a contract is executed, nor does it obligate the Office to award a contract or pay any costs incurred in preparing a response to the RFP.

TRD-9801243

Morris E. Sandefer

Commissioner

Fire Fighters' Pension Commissioner

Notice of Public Hearings

General Land Office

The Texas General Land Office (GLO) will hold public hearings regarding a proposed rule amendment to 31 TAC §19.61 for OSPRA vessels which was published in the January 2, 1998 edition of the Texas Register . The proposed amendment applies to all vessels that carry 10,000 gallons or more of oil as fuel or cargo and that operate in coastal waters, and that are not currently required to have an OPA or IMO vessel-specific discharge prevention and response plan.

A schedule of these public hearings is as follows:

(1) 6:00 p.m., Thursday, February 12, 1998, at the University of Texas Brownsville Center at Port Isabel High School, Lecture Hall, Highway 100, Port Isabel, Texas, 78578;

(2) 6:00 p.m., Tuesday, February 17, 1998, at the Port Arthur Civic Center, Meeting Room F, 3401 Cultural Center Drive, Port Arthur, Texas, 77642; and

(3) 6:00 p.m., Wednesday, February 18, 1998, at the University of Houston - Clear Lake, 2700 Bay Area Boulevard, Clear Lake, Texas, 77058.

Persons fluent in Spanish and Vietnamese will be available to assist with questions.

For further information regarding the hearings, please contact Kate McAfee at (512) 463- 8530 or Ronald Bounds at (512) 463-8188.

Filed: January 26, 1998

General Services Commission

Notice to Bidders

NTB 96-002-303 REVISED NOTICE TO BIDDERS

SEALED BIDS WILL BE RECEIVED BY THE GENERAL SERVICES COMMISSION (GSC), FACILITIES CONSTRUCTION AND SPACE MANAGEMENT DIVISION (FCSM) FOR CONSTRUCTION OF PROJECT NO. 96-002-303, LAB AND OFFICE BUILDING FOR THE TEXAS DEPARTMENT OF HEALTH, 5000 NORTH SUNSHINE, AUSTIN, TEXAS, AT 2:00 PM, TUESDAY, MARCH 3, 1998.

The approximate total cost for contracts: 96-002B-303: Underslab Electric = $100,000.00; 96-002C-303: Site Utilities = $300,000.00; 96-002D-303: Drilled Piers, Structural Concrete and Steel, Clearing & Earthwork = $4,500,000.00 and 96-002U-303: Underslab Plumbing = $100,000.00.

Bid Receipt Location: General Services Commission/FCSM will receive bids at Texas Department of Health, 1101 W. 49th Street, General Services Building, Conference Room S-207, Austin, Texas 78756. See Invitation and Instructions to Bidders for map.

Contractor Qualifications: Trade contractors should submit information to FCSM on GSC's Contractor's Qualifications Form, which can be obtained from FCSM by calling (512) 463-3417. This form should be submitted as soon as possible, but no later than 5:00PM on Tuesday, February 24,1998, to document compliance with contractor's qualification requirements for each project. Information is to be used in determining if a contractor is qualified to receive a contract award for the project. A review by FCSM of contractor qualification statements is required prior to obtaining bid documents.

Bid Documents: Plans and specifications will be available not later than Monday, February 2,1998 for trade contractors from the Construction Manager, Gilbane Building Co., 4901 Sunshine, Austin, Texas 78756, telephone: (512) 302-9211, fax: (512) 302-9289, upon delivery of a refundable deposit of $50.00 per set. Bid documents will be available for review at the FCSM office, 1711 San Jacinto, Suite 202, Austin, Texas 78701, telephone (512) 463-3417, the Austin, Houston and San Antonio offices of Budd Beets Harden Kolflat and Garza Bomberger and Associates, the Austin office of Gilbane Building Co. and the Plan Rooms of Associated General Contractors, F. W. Dodge Corporation, the Builder's Exchange of Texas and the Associated Builder's and Contractors in Austin.

Pre-Bid Conference: There will be MANDATORY Pre-Bid Conference on Tuesday, February 24,1998 at 2:00PM, for all projects, at the Texas Department of Health, 1100 W. 49th Street, General Services Building, Room S-207, Austin, Texas 78756. See Invitation and Instructions to Bidders for map.

BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.

TRD-9801189

Judy Ponder

General Services Commission

Invitation for Proposals for Consulting Services

Office of the Governor

The Office of the Governor, on behalf of the Texas Strategic Economic Development Planning Commission, is requesting proposals from vendors to provide consulting services to develop a strategic economic development plan and related services.

The vendor shall produce a ten year strategic economic development plan for Texas in accordance with the findings of the Texas Strategic Economic Development Planning Commission (hereinafter, "Strategic Commission") as established by Subchapter C, Chapter 481 of the Texas Government Code. The report shall be completed and delivered to the Office of the Governor prior to October 15, 1998.

The report shall outline the Strategic Commission's long-range plan for economic development in Texas. The report shall include, but is not limited to: (1) identifying components of a long range domestic and international economic development plan; (2) identifying ways to encourage investment in rural Texas; (3) identifying Texas' competitive advantages and disadvantages as a place to do business; (4) recommending changes to improve business climate; (5) evaluating the creation of a permanent economic development information network; (6) evaluating other states' economic development programs for possible adoption in Texas; (7) studying the effects of consolidating programs at the Texas Department of Economic Development; and (8) developing measurable economic development goals for the state.

The requested services will require an understanding of the strategic planning process and economic development trends and issues at the state, national and international levels. The consultant must be experienced with and have knowledge of other successful economic development programs in other states, economic trends, business climate issues, international trade issues, and experience in analyzing and organizing data in a presentable format.

The consultant will be required to work with the Of lice of the Governor, other state agency officials and members of the Strategic Economic Development Planning Commission in formulating conclusions and recommendations.

The Office of the Governor will evaluate the proposals and award the contract to the vendor offering the best value to the State of Texas. Proposals will be evaluated based on factors mentioned above, as well as other factors, including: (1) description of the methodology for producing the report; (2) responsiveness to the Request for Offer; (3) vendor expertise; (4) cost; (5) past products; and (6) references.

The closing date for the receipt of offers for these services is February 27th, 1998, at 5:00 p.m. For a complete Request for Offers packet or further information, please contact Mr. Jim Glotlelty, Governor's Policy Office, State Insurance Building, 4th floor, 1100 San Jacinto, P.O. Box 12428, Austin, Texas 78711, fax (512) 463-1975, phone (512) 463-2198.

TRD-9801180

Pete Wassdorf

Licensing Action for Radioactive Materials

Office of the Governor

Filed: January 26, 1998

Texas Department of Health

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.

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-9800991

Susan K. Steeg

Texas Department of Health

Notice of Intent to Revoke Certificates of Registration

Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code §289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Imaging Dynamics, Inc., Fort Worth, R21860; Robert Maidenberg, M.D., Houston, R21343; Sheri J. Talley, M.D., Fort Stockton, R19734; Northside Family Medical Clinic, Fort Worth, R13460; Lee D. McKellar, M.D., Mount Pleasant, R12085; East Texas Medical Center - Crockett, Crockett, R00807; North Central Expressway Health Care Center, Dallas, R21348; Chiropractic Health and Wellness Center, Houston, R21313; Accident and Sports Injury Clinic, San Antonio, R15259; Rasure Chiropractic Center, Sulphur Springs, R13441; Cheryl Nicoli Contreras, D.D.S., Rockwall, R22671; H. Mark Trammell, D.D.S., Tyler, R18296; R. Philips X-Ray, Arlington, R20191; Semloh Corporation, Truth or Consequences, New Mexico, R06703; Terrell Veterinary Center, Terrell, R19826.

The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-9801232

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 28, 1998

Notice of Intent to Revoke Radioactive Material Licenses

The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-9801234

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 28, 1998

Notices of Revocation of Radioactive Material License

The Texas Department of Health (department), having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code §289.112), has revoked the following radioactive material license: Capitan Corporation, Odessa, L04211, January 13, 1998.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, Texas Department of Health, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-9801235

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 28, 1998

TRD-9801233

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 28, 1998

Health and Human Services Commission

Long Term Care Plan for People with Mental Retardation and Related Conditions

In accordance with its responsibilities as defined under the Texas Health and Safety Code, §533.062, the Texas Health and Human Services Commission publishes this "Plan on Long-Term Care for Persons With Mental Retardation

Long Term Care Plan for People With Mental Retardation and Related Conditions

Fiscal Biennium 1989-1999

Services in the Texas Department of Mental Health and Mental Retardation, the Texas Department of Human Services, and the Texas Rehabilitation Commission for People with Mental Retardation or Developmental Disabilities

Fiscal Years 1995-1999-[figure 1]

Long Term Care Bed Plan Service Categories

Intermediate Care Facilities For People With Mental Retardation (ICF/MR and ICF/MR-RC)

These services are provided in a variety of settings: state-operated facilities such as State Schools and State Centers, six-bed-or-less facilities, and larger than six-bed facilities. The non-state operated facilities are owned by private for-profit and private or public not-for-profit entities. The ICF/MR program serves people at four levels of disability: Levels of Care (LOC) I, V, VI, and VIII. Individuals with mental retardation receive Level I, V, or VI services, depending on the severity of their disability and the extent of their habilitation and medical needs. LOC VIII is reserved for people who do not have a primary diagnosis of mental retardation but are able to benefit from a 24-hour supervised residential setting. The Texas Department of Mental Health and Mental Retardation (TDMHMR) serves as the operating agency for the ICF-MR program.

Home and Community-Based Waiver Services

Section 1915(c) of the Social Security Act allows states to seek "waivers" of federal Medicaid rules in order to provide an array of supportive services in the community as an alternative to institutional care. Home and Community-Based waivers for persons with mental retardation or other developmental disabilities allow people who qualify for ICF/MR the option of living in their own home, a family home, or other small setting. These programs are known as waiver programs because they "waive" some of the rules, which limit service options in an ICF/MR residence. Home and Community-Based Waiver for People with Mental Retardation (HCS)

Home and Community-Based Waiver for People with Mental Retardation (HCS)

The HCS waiver provides an array of community-based services for persons with mental retardation who would otherwise qualify to receive services in an ICF-MR facility. The HCS waiver includes services such as adaptive aids, case management, counseling and therapeutic services, homemaker services, habilitation services, minor home modification services, nursing services, and respite services. TDMHMR serves as the operating agency for this program.

HCS-OBRA Targeted Waiver

The HCS-OBRA Targeted Waiver (HCS-O) is a separate waiver developed and administered by TDMHMR under a special provision of federal Medicaid law as an option to nursing facility care for people with developmental disabilities. TDMHMR serves as the operating agency for this program.

Community Living Assistance and Support Services (CLASS)

The CLASS program offers people of all ages an opportunity to live, work, and socialize in their community by offering attendant services, therapies to help maintain muscle coordination, and an array of adaptive aids and minor home modifications which aid in such activities as meal preparation, shopping in the community and attending college. Because of the CLASS program, many adults have been able to move into their own apartments and become more active citizens within their communities. The Texas Department of Human Services (TDHS) is the operating agency for the CLASS program.

Program for Individuals who are Deaf/Blind with Multiple Disabilities

The Texas Rehabilitation Commission (TRC) administers this community-based program for individuals who are deaf/blind and have multiple disabilities.

Deaf/blind/Multiple Disabled waiver services enable individuals to live as independently as possible. Services include respite care, habilitation, intervenor, chore provider, assisted living, case management specialist consultations, medical equipment, environmental accessibility, and prescription medication.

Additional Information by Service Category

ICF-MR

Campus-Based Services Average Number of Persons Served Per Month--[figure 2]

The state facility census will continue a net decline of 159 individuals in 1998 and 175 in 1999. Most of the individuals leaving state schools will receive support through the Home and Community-Based Services program. The choice to move from a state school is based on the wishes of individuals living at the state schools, or the wishes of their parents or legal guardians. People seeking community placement and identified as ready for community placement will be moved to the community as soon as possible.

Community-Based ICF/MR Facilities

Average Number of Persons Served Per Month-[figure 3]

Consistent with agency policy and national trends, TDMHMR is developing procedures for the downsizing of large ICF/MR facilities which voluntarily seek to reduce the number of certified beds in existing facilities and transfer those beds to facilities with six or fewer beds. These voluntary reductions will be granted based on existing revenues. TDMHMR reimbursement methodology for ICF-MR services was amended in 1997 to more accurately reflect the fair and reasonable costs of providing services to individuals.

HCS/HCS-O

Average Number of Persons Served Per Month-[figure 4]

The numbers include the following individuals currently served in HCS/HCS-O and increases that are intended:

(1) to provide more equitable access across the state;

(2) for individuals targeted to leave state schools;

(3) for individuals leaving state hospital Multiple Disability Units (MI/MR);

(4) for other people with multiple disabilities; and

(5) for persons who are being served in settings, which are being refinanced through Medicaid to capture increased federal funding.

TDMHMR is reviewing the feasibility and impact of combining the HCS-O waiver with the HCS waiver rather than operating the waivers as two separate and distinct entities.

To ensure that services continue to be available for individuals eligible for HCS-O, TDMHMR has submitted a request for HCS-O waiver expansion which raised the maximum allowable number of individuals served from 154 to 204, effective October 1, 1996. The expansion was funded with existing revenues and will allow for the continued movement of individuals from nursing homes into community-based services.

TDMHMR's HCS waiver was amended in 1997 to accommodate changes in the methodology used to formulate reimbursement rates for services. TDMHMR reimbursement methodology for HCS services was amended in 1997 to more accurately reflect the fair and reasonable costs of providing services to individuals in these programs.

Class

Number of Persons Served Per Month-[figure 5]

As of November 1997, CLASS was delivering services to participants in 75 of 254 counties.

Deaf/Blind with Multiple Disabilities Program

Number of Persons Served Per Month-[figure 6]

The program has received sufficient funding for the next biennium to support the anticipated number of individuals in the program by the end of FY97 (100).

TRC included funds to serve additional individuals in its request for exceptional funding within its Legislative Appropriations Request.

Conditions; Definitions

Definitions

Mental Retardation

Mental retardation is defined in Title 25 of the Texas Administrative Code (TAC) §406.202 as:

Significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating during the developmental period.

Related Condition

Individuals who have a severe, chronic disability that:

(A) is attributed to:

(i) cerebral palsy or epilepsy; or

(ii) any other condition, other than mental illness, found to be closely related to mental retardation because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with mental retardation, and requires treatment or services similar to those required for mentally retarded persons;

(B) is manifested before the person reaches age 22;

(D) results in substantial functional limitations in at least three of the following areas of major life activity:

(i) self-care;

(ii) understanding and use of language;

(iii) learning;

(iv) mobility;

(v) self-direction;

(vi) capacity for independent living.

TRD-9801272

Marina Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Notice of Public Hearing — Community Based Alternatives (CBA) and Community Living Assistance and Support Services (CLASS) Programs

Notice of Public Hearing

The Health and Human Services Commission will conduct a public hearing to receive public comment on proposed new Subchapter G. Telemedicine Services, new TAC Section Number §355.7001, concerning the reimbursement for telemedicine services for the Medicaid Program. The public hearing will be held on February 19, 1998, in the Health and Human Services Commission Public Hearing Room located in the Brown Heatley Building at 4900 North Lamar Boulevard, Austin, Texas. Parking will be available at the Texas Department of Human Services complex, 701 West 51st Street. Written comments may be submitted to Linda K. Wertz at the Health and Human Services Commission, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, (512) 424-6517. Comments will be accepted for 30 days following publication of this proposal in the Texas Register .

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Colleen Paige of the Health and Human Services Commission at 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, (512) 424-6517.

TRD-9801247

Marina Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: January 28, 1998

Texas Department of Human Services

Texas Department of Human Services will conduct a public hearing to receive comments on the department's proposed rules concerning Community Based Alternatives (CBA) and Community Living Assistance and Support Services (CLASS) programs. These rules propose changes to the client eligibility criteria and provider claims payment and fiscal monitoring requirements for the CBA and CLASS programs. These proposed rules are being published in the February 6, 1998, issue of the Texas Register. The public hearing will be held on March 9, 1998, at 10:00 am in the Public Hearing Room, First Floor, East Tower, Room 125, John H. Winters Center, 701 West 51st Street, Austin, Texas.

Contact Person: Please contact Gerardo Cantu, MC W-521, P. O. Box 149030, Austin, Texas 78714-9030, (512) 438-3693.

Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Don Mann, (512) 438-3642, by March 3, 1998, so that appropriate arrangements can be made.

TRD-9801214

Glenn Scott

Texas Department of Human Services

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

Texas Department of Insurance

Insurer Services

Application to change the name of AFFORDABLE DENTAL PLANS, L.L.C. to MNM-1997, INC., a domestic HMO. The home office is located in Houston, Texas.

Application for incorporation in Texas for SURETEC INSURANCE COMPANY, a domestic property and casualty company. The home office is in Houston, Texas.

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

TRD-9801207

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers

Name Applications

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

Application to change the name of PROVIDIAN PROPERTY AND CASUALTY INSURANCE COMPANY to CENDANT DIRECT AUTO INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Louisville, Kentucky

Application to change the name of PROVIDIAN FIRE INSURANCE COMPANY to CENDANT PROPERTY & CASUALTY INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Louisville, Kentucky

Application for incorporation in Texas for REPUBLIC NATIONAL LIFE INSURANCE COMPANY, a domestic life company. The home office is located in Houston, Texas.

Application for admission in the State of Texas for SECURITY INDUSTRIAL FIRE INSURANCE COMPANY, a foreign property and casualty company. The home office is located in Donaldsonville, Louisiana.

Application for admission in the State of Texas for SECURITY INDUSTRIAL INSURANCE COMPANY, a foreign life company. The home office is located in Donaldsonville, Louisiana. 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-9801057

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 23, 1998

Notice is given to the public of the application of the listed small employer carrier to be risk-assuming carriers under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier:

Philadelphia Life Insurance Company

The application is subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas.

If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Caroline Scott, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier.

TRD-9801130

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 26, 1998

Texas Lottery Commission

Invitation for Bids to Obtain Postscript Output Services

The Texas Lottery Commission is soliciting bids to obtain Postscript Output Services for the Texas Lottery Commission headquarters located in Austin, Texas.

Objectives.

The Texas Lottery requires Postscript Output Services on an as needed basis as indicated in the Invitation for bid.

Schedule.

Event IFB Issued Date February 6, 1998.

Bid Due Date - February 24, 1998 (11:00 a.m. CT)

Contract term. Prices quoted must be in effect for the term of this contract which is the date of execution through August 31, 1999. At its sole option, the Texas Lottery Commission may extend this contract for two one-year periods following the primary term (August 31, 1999).

For a copy of the complete Invitation for Bids please contact:

Lou Smyth

Purchaser, Texas Lottery Commission

Texas Lottery Commission

Filed: January 23, 1998

Texas Department of Mental Health and Mental Retardation

Notice to Bidders

Sealed bids will be received by the Texas Department of Mental Health and Mental Retardation, Maintenance and Construction, at 909 W. 45th St., Bldg. 3, Room 149, Austin, Texas 78756, Telephone: (512) 206-5880 until 2:00 p.m., Thursday, March 5, 1998, for Project No. 97-053-661, LoanSTAR Energy Cost Reduction Measures, El Paso State Center, 6700 Delta Drive, El Paso, Texas 79905.

A mandatory pre-bid conference will be held at 1:30 p.m., Tuesday, February 17, 1998, at the conference room in Building 502, El Paso State Center, 6700 Delta Drive, El Paso, Texas 79905, Telephone: 915/779-0800. Attendance at the pre-bid conference is MANDATORY. A bid will not be accepted from any bidder that has not attended the pre-bid conference.

Plans and specifications will be available January 29, 1998, from RBM Engineering, 150 N. Festival Drive, El Paso, Texas 79912, Telephone: 915/584-9937. A $50.00 deposit is required. Work involves replacing incandescent lamps with compact fluorescent lamps and incandescent exit lamps with "LED", light fixtures with energy efficient fixtures, ballasts with energy efficient ballasts, and some thermostats with programmable thermostats. The estimated project contract amount is $85,000.00.

Bids will be received in accordance with state procedures.

TRD-9801263

Charles Cooper

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Request for Offers of Consulting Services

The Texas Department of Mental Health and Mental Retardation (TDMHMR) requests offers of consulting services pursuant to Texas Government Code, Chapter 2254, Subchapter B. TDMHMR requires the services of a qualified consultant who has extensive knowledge of Medicaid and state-funded behavioral health care system designs, statistical modeling, and full and partial risk reimbursement methodologies.

Offerors must demonstrate competence and experience in advising other state mental health and substance abuse agencies on behavioral health managed care cost containment strategies, analyzing managed care markets nationwide, selecting appropriate statistical methodologies to model risk, and designing capitation rates, case rates, and fee-for-service rates in a managed behavioral health care environment. The offeror must also provide statistical modeling software for TDMHMR's use in evaluating reimbursement scenarios.

The selected consultant will assist TDMHMR in determining the appropriate reimbursement structure for compensating behavioral health managed care organizations and other support organizations participating in the Dallas Behavioral Health Medicaid Managed Care Pilot, a managed care behavioral health pilot to be implemented in July 1999.

The consulting services sought by TDMHMR relate to services previously provided by Anthony Broskowski, Ph.D, of 1237 Avondale Lane, West Palm Beach, Florida, 33409. TDMHMR intends to award the contract based on this request for offers of consulting services to Anthony Broskowski, Ph.D., unless a better offer is received.

The closing date for the receipt of offers for these consulting services is 5:00 p.m., March 9, 1998. Consultants intending to submit an offer may obtain further information by contacting Dave Wanser, Ph.D., Director of Behavioral Health Services, TDMHMR, 909 W. 45th St., Austin, Texas, 78751, telephone (512) 206-4533, fax (512) 206-4784.

TRD-9801264

Charles Cooper

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: January 28, 1998

Texas Natural Resource Conservation Commission

Consultant Contract

Notice. This is a formal Notice for Proposers of the intention of the Texas Natural Resource Conservation Commission (TNRCC) to contract for employment consulting services.

The work consists of a combination of services, including advising the agency on recruiting, screening, and referring qualified candidates to fill a variety of classified employee positions statewide within the TNRCC.

A more detailed description of the work is provided in the Scope of Work of the Contract Documents.

Proposals will include a statement of qualifications and experience, a proposed fee, and other material. Objective criteria stated in the Request for Proposals (RFP) will be utilized to evaluate and score each proposal. The proposals will be ranked on the basis of the evaluation scores. TNRCC will negotiate contract terms with the highest ranking proposer until agreement or impasse, continuing down the ranking as necessary.

Deadline. Proposals will be received until 3:00 p.m. central standard time on February 17, 1998, at the mail room of the TNRCC, Technical Park Center, 12100 Park 35 Circle, Building A, Room 122, Austin, Texas 78753.

Contract Documents. The Contract Documents will be available beginning February 6, 1998. The Contract Documents are on file for viewing on premises at TNRCC, between 8:00 a.m. and 5:00 p.m., Monday through Friday. Any addenda will be sent to consultants who provide addresses, fax numbers, or e-mail addresses.

A set of the Contract Documents may be viewed or obtained at the following location: Susanne McDaniel, TNRCC Grants and Contracts Administration, 12100 Park 35 Circle, Building A, Austin, Texas 78758, (512) 239-6389 (voice) or (512) 239-6242 (facsimile).

Written paper requests for the Contract Documents may be sent via regular mail or United States Postal Service Express Mail to: Susanne McDaniel, TNRCC Grants and Contracts Administration, MC 220, P.O. Box 13087, Austin, Texas 78711-3087.

Packages will be mailed to the Proposer by regular mail if requested by Proposer in writing either by facsimile transmission or on paper medium delivered in person or by mail or courier. Proposers who wish to have packages sent by express mail should include in their request the account number of their preferred express mail delivery service.

The Contract Documents include, but are not limited to, the Notice of Request for Proposals, Instructions for Proposers, Additional Deliverables and Certifications, Agreement, General Conditions, and Scope of Services. A complete list of Contract Documents is provided in the Agreement.

Qualifications. As part of this Proposal, Proposers must submit a statement demonstrating expertise in providing the types of services described previously. Proposers' qualifications will be a factor in determining the best value.

Selection of Winning Proposal. Pursuant to Texas Government Code, §2254.027, any contract awarded as a result of this solicitation will be awarded based on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee. The scoring procedure by which the award will be made is: Competence, Knowledge, and Qualifications-60 points; Proposed Total Fee-40 points.

HUB Participation. It is a TNRCC goal to strive for 33% Historically Underutilized Business (HUB) participation overall in this contract. TNRCC is committed to making a Good Faith Effort to utilize HUBs in services contracts. TNRCC accepts and encourages the creation of contractor teams such as joint ventures, mentor relationships, prime contractors with HUB subcontractors, and HUB primes with or without subcontractors as ways to meet these participation goals.

TRD-9801262

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Texas State Board of Plumbing Examiners

Notice of Invitation for Bids

Notice of Invitation for Bids. The Texas Natural Resource Conservation Commission (TNRCC) announces the issuance of an Invitation for Bids for the purpose of implementing the On-site Assistance Program for Public Water Systems in Texas. The purpose of this program is to improve the managerial, financial, and technical capability of public water systems (PWSs) in Texas through evaluation and assistance on-site at the public water system. The contract will include activities to implement four objectives: identification of PWSs most in need of improved capacity; identification of factors that encourage or impair capacity development; use of the TNRCC's authority to assist PWSs in complying with regulations and to encourage partnerships between PWSs to enhance capacity; and measurement of baseline and capacity improvement. The On-site Assistance Program is funded by set-asides from the Drinking Water State Revolving Fund as authorized by the Safe Drinking Water Act. The successful bidder is expected to be available for training and orientation beginning on or around April 1, 1998.

Contact. Parties interested in submitting bids should contact the TNRCC Contract Representative, Melvin G. Wrenn, at (512) 230-6110, or fax a request for the Invitation for Bids (IFB) package to Melvin G. Wrenn at facsimile (512) 239-6972. Telephone inquiries on the contents of the IFB will not be accepted. All written inquiries should be directed to Melvin G. Wrenn, MC 152, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087.

A Pre-bid Conference will be held at TNRCC, 12015 Park 35 Circle, Building F, Room 2210 on February 19, 1998, and will begin at 2:00 p.m. Central Standard Time (CST).

Closing Date. Bids must be received by TNRCC no later than 3:00 p.m. CST on March 6, 1998. Bids received after this date and time will not be considered.

Award Procedure. All bids will be subject to evaluation by a committee based on the evaluation criteria set forth in the IFB. The committee will determine which proposal best meets these criteria and will make a recommendation to the executive director. The TNRCC reserves the right to accept or reject any or all proposals submitted. The TNRCC is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of an IFB. Neither this notice nor the IFB commits the TNRCC to pay for any costs incurred prior to the execution of a contract.

The anticipated schedule of events is as follows: Issuance of IFB-February 6, 1998; Pre-bid Conference-February 12, 1998; Bids Due-March 6, 1998; and Contract Execution-March 17, 1998, or as soon thereafter as possible.

TRD-9801271

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: January 28, 1998

Request for Proposal

Request for Proposals Concerning the Production of the 2000-01, 2001-02, 2002-03, 2003-04 Continuing Education Book for the Texas State Board of Plumbing Examiners.

Filing Authority: Pursuant to Authority granted to the Texas State Board of Plumbing Examiners by Texas Revised Civil Statutes Annotated Article 6243-101, Section 12B, the Board is requesting for proposal the production of the 2000-01, 2001-02, 2002-03, and 2003-04 Continuing Education Book.

Eligible Proposers: The Texas State Board of Plumbing Examiners encourages any entity which can satisfy the conditions in the Request for Proposal (RFP) to submit a proposal. Historically underutilized businesses (HUBs) are particularly encouraged to submit proposals. Contractors are encouraged to subcontract with HUBs if any part or all of the work will be subcontracted.

Project Amount: The Texas State Board of Plumbing Examiners will not make any payments to the selected RFP contractor. The funds for this project will be generated by selling the 2000-01, 2001-02, 2002-03, 2003-04 Continuing Education Book to the Continuing Education Providers which are currently the Associated Plumbing Heating Cooling Contractors, Associated Builders & Contractors, Texas Engineering Extension Service and Texas Pipe Trades. These entities are required to teach from and buy this book for instruction purposes from the selected RFP contractor. Historically, 18,000 Continuing Education Books have been sold each year to the Continuing Education Providers. The price for each Continuing Education Book can be no more than $25.00.

Contract Period: The period of the contract will be for four years covering the period 9/1/2000 - 8/31/2004.

Contract Cancellation: The Texas State Board of Plumbing Examiners has the right to cancel any contract in the event that the Texas State Legislature does not continue the agency funding or provide adequate funding in subsequent bienniums.

Selection Criteria: Proposals will be approved based upon the ability of the proposer to carry out all requirements contained in the RFP. The Board of the Texas State Board of Plumbing Examiners will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The Board reserves the right to select from the highest ranking proposals those that address all requirements in the RFP.

The Texas State Board of Plumbing Examiners is not obligated to execute the resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit the Board to pay any costs incurred in preparing a response nor after the contract is executed.

Requesting the Proposal: A complete copy of the RFP is included in the Texas Register .

Further Information: For clarifying information about the RFP, contact Jim Fowler, Chief Fiscal Officer, Texas State Board of Plumbing Examiners, P.O. Box 4200, Austin, Texas, 78765, (512) 458-2145, extension 225.

Deadline for Receipt of Proposals: Proposals must be received at the Texas State Board of Plumbing Examiners by 5:00 p.m. (central standard time), March 6, 1998, to be considered.

Request for Proposals Concerning the Production of the 2000-01, 2001-02, 2002-03, 2003-04 Continuing Education Book for the Texas State Board of Plumbing Examiners.

Introduction

For each of the items listed below, detail the processes which you will use to complete the task, any equipment and materials necessary to complete the task, the staff and/or subcontractors that will be involved, all previous experience with each task, and the time-frame for completing the task.

All proposals must include the following in their packages: - financial statement - list of Board of Directors including Officers - list of Shareholders/Owners - printer and printing qualifications - errors and omissions insurance and liability policy ($1,000,000) - indemnity clause to Plumbing Board - non-performance agreement - damage recovery agreement - copies of past technical publications

Requirements for Office Procedures

An Austin office and distribution facility with: - staffing - normal office hours

An 1-800 number for customer contact (provide number to be used).

Order taking and processing - electronically receive orders - 24 hour turnaround - terms and conditions of sale

Billing and billing methods

Evaluations

The publisher must be able to provide the following course evaluation information. - Evaluation production (writing, printing, distribution) - Electronic data collection (direct from evaluation into computer) by Scantron evaluation system - Graphed bi-monthly reports of evaluations - Bi-monthly instructor evaluation report (evaluation to be based on 100 percent)

Legal Specifications and Conditions

Licensing of material - Publisher is responsible for having legal authority to reprint all necessary materials. All materials used must be properly licensed. Publisher assumes all liability.

Technical Specifications

The publisher must meet the following technical specifications. - Entire book must be in electronic format - 600 DPI resolution on entire book - CD-ROM publication - License rights to distribute CD-ROM viewer - Internet ready format

Printing and Production

The publisher must meet the following specifications for printing and production. - 16 page signatures, 36" single color Miehle press - Film quality (from computer straight to film for better resolution) - Colors - Offset - Paper quality (60 lb book) - Cover quality (10 point coated, one-side cover) - Perfect binding (type and glue) - Sequential numbering of books and certificates

Course Material

Main course book - Course material will be determined by the Board and will change for each of the four years.

Correspondence course - Must be prepared for individuals that fail to take the continuing education course during the period it is offered. A separate charge for this material can be made to the continuing education providers.

Additional correspondence course requirements: - Minimum of four (4) different courses - Print minimum of 500 copies for each course - Support material for proctoring by the provider

Instructor Training

Provider must: - Participate in instructor training - Furnish instructors for instructor training as directed by Plumbing Board - Furnish 200 books each year to Texas State Board of Plumbing Examiners at no charge.

Book Provider Participation with Industry Groups for Program Feedback

Provider must present program for feedback to following groups and conferences: - Associated Builders and Contractors - Building Officials Association of Texas - Mechanical Contractors of Texas - Plumbing Heating Cooling Contractors of Texas - Texas Pipe Trades - Justice of the Peace Conference - Texas State Plumbing Inspectors Conference - American Society of Sanitary Engineers - American Society of Plumbing Engineers - American Backflow Preventers Conference - Possibly two others as required by the Board

Provider must attend code meetings and seminars for updates on standards

Legal Notice

The term of contract will be for 4 years. The Plumbing Board reserves the right to accept or reject any proposal for any reason

Payment for Services

The Texas State Board of Plumbing Examiners will not make any payments to the selected RFP contractor. The funds for this project will be generated by selling the 2000-01, 2001-02, 2002-03, and 2003-04 Continuing Education Book to the Continuing Education Providers which are currently the Associated Plumbing Heating Cooling Contractors, Associated Builders & Contractors, Texas Engineering Extension Service and Texas Pipe Trades. These entities are required to teach from and buy this book for instruction purposes from the selected RFP contractor. Historically, 18,000 Continuing Education Books have been sold each year to the Continuing Education Providers. The price for each 2000-01, 2001-02, 2002-03, and 2003-04 Continuing Education Book can be no more than $25.00.

TRD-9800992

Jim Fowler

Chief Fiscal Officer

Texas State Board of Plumbing Examiners

The Texas State Board of Pharmacy announces that the Task Force on Pharmacists' Working Conditions and Their Impact on the Public Health will meet on February 4, 1998. The meeting will be held in Tower 2, Room 2-225, William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas at 9:30 A.M.

Texas State Board of Pharmacy

Notice of Meeting

TRD-9800999

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Public Hearing Notice

Texas Department of Public Safety

The Texas Department of Public Safety, in accordance with Administrative Procedure and Texas Register Act, Texas Government Code, §2001 et seq., and Texas Civil Statutes, Article 6675d, §3, is holding a public hearing on January 30, 1998, at 8:30 a.m. in the Inspection and Planning Conference Room of the Department of Public Safety, 5805 North Lamar Blvd., Austin, Texas.

The purpose of the hearing is to receive comments from all interested persons regarding adoption of amendments to Administrative Rule §3.59 regarding Regulations Governing Transportation of Hazardous Materials and Administrative Rule §3.62 regarding Transportation Safety, proposed for adoption under the authority of Texas Civil Statutes, Article 6675d, §3, which provides that the director shall, after notice and a public hearing, adopt rules regulating the safe transportation of hazardous materials and the safe operation of commercial vehicles. The proposed new rules were published in the December 19, 1997 issue of the Texas Register (22 TexReg 12434).

Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Letters should be addressed to John C. West, Jr., Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140.

This hearing will be conducted in accordance with the Texas Department of Public Safety's General Rules of Practice and Procedure, §§29.1 - 29.49.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, Braille, are requested to contact Major Lester Mills at (512) 424-2116 three work days prior to the meeting so that appropriate arrangements can be made.

TRD-9800982

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: January 21, 1998

Public Utility Commission of Texas

Application In Compliance With Substantive Rule 23.67

Notice is given to the public of the filing with the Public Utility Commission of Texas (the commission) an application on December 30, 1997, by Lamar County Electric Cooperative Association in compliance with Substantive Rule 23.67.

Docket Title and Number: Application of Lamar County Electric Cooperative Association in Compliance with Substantive Rule 23.67. Docket Number 18604.

The Application: In Docket Number 18604, Lamar County Electric Cooperative Association requests that its transmission cost of service be approved and included in the determination of rates and charges for transmission service for 1998. Lamar County Electric Cooperative Association placed transmission facilities in service in 1997 and now is obligated to provide transmission service under Substantive Rule 23.67. Lamar County Electric Cooperative Association's proposed annual transmission cost of service is $81,476.

Persons who wish to intervene in the proceeding, or comment upon the action sought, should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 within 15 days of this notice. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801170

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 1998

Application To Revise Tariff To Clarify The Applicability of Load Management Interruption Credit

Notice is given to the public of the filing with the Public Utility Commission of Texas (the commission) an application on October 21, 1997, by Lamb County Electric Cooperative, Inc. to revise its tariff, clarifying the applicability of load management interruption credit.

Docket Title and Number: Application of Lamb County Electric Cooperative, Inc. to Revise Tariff, to Clarify the Applicability of Load Management Interruption Credit. Docket Number 18136.

The Application: In Docket Number 18136, Lamb County Electric Cooperative, Inc. requests that the Load Management Interruption Credit tariff be revised to clarify the applicability to loads other than irrigation loads.

TRD-9801171

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 1998

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

On January 26, 1998, NHS Communications Group, Inc., doing business as NHS Network Services, L.L.C. 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 60102. Applicant intends to change its name only to NHS Communications Group, Inc., doing business as ATS.

The Application: Application of NHS Network Services, L.L.C. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 18730.

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 February 11, 1998. You may contact the PUC 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 18730.

TRD-9801212

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 1998

Notices of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 23, 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 Texas Network Communications, Inc., doing business as TxNet for a Service Provider Certificate of Operating Authority, Docket Number 18720 before the Public Utility Commission of Texas.

Applicant intends to provide enhanced telecommunications services utilizing advanced telecommunications services utilizing advanced telecommunications switching platforms. Applicant intends to provide local dialtone, enhanced calling features, enhanced services, intraLATA, intrastate, interLATA, interstate and international long distance service. Enhanced features include call waiting, conference calling, speed dial, various C.L.A.S.S. features, and voice mail.

Applicant's requested SPCOA geographic area includes the geographic regions currently served by the following incumbent local exchange companies: Southwestern Bell Telephone Company, GTE Southwest, Inc., Central Telephone Company of Texas, United Telephone Company of Texas, Inc., Sugar Land Telephone Company, Lufkin-Conroe Telephone Exchange, Inc., and any other incumbent local exchange company or certified telecommunications provider with over 31,000 access lines.

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 February 11, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9801211

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 1998

Docket Title and Number: Application of NorthPoint Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18718 before the Public Utility Commission of Texas.

Applicant intends to offer local exchange services to business and residential customers located in the state of Texas. Exchange services may include, but will not necessarily be limited to local exchange access services to single-line and multi-line customers, local exchange services to customers of Applicant's end user access line services, and dedicated and special carrier access services to other common carriers.

Applicant's requested SPCOA geographic area includes all exchanges in Texas, except those currently served by local exchange companies serving fewer than 31,000 access lines.

TRD-9801169

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 1998

Docket Title and Number: Application of Eclipse Communications Corporation for a Service Provider Certificate of Operating Authority, Docket Number 18601 before the Public Utility Commission of Texas.

Applicant intends to offer switched and special access local services and intraLATA toll and interLATA intrastate telecommunications services through the use of its own facilities and the resold services of other certificated telecommunications carriers. The Applicants intends to offer the following categories of interexchange services: MTS, toll free 800/888, calling card, debit card and operator-assisted services.

Applicant's requested SPCOA geographic area includes all exchanges within the state of Texas currently served by Southwestern Bell Telephone Company and GTE Southwest, Inc.

TRD-9801168

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 1998

Notice of Changes to Earnings Report Forms

The Public Utility Commission of Texas (commission) proposes to change the forms for the Earnings Report for the electric investor-owned utilities, the telephone utilities, and the electric cooperatives and river authorities for the reporting period ending December 31, 1997. A list detailing the significant changes for each report are included in this notice. The commission published a set of general questions on November 21, 1997, in the Miscellaneous Section of the Texas Register asking for changes parties would like made to the Earnings Report forms. In response to these questions, nine parties filed substantive comments. These comments were considered by the commission in determining the proposed changes. Comments (16 copies) to the proposed changes should be filed with the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Ave., Austin, Texas 78711-3326, by February 16, 1998, under Project Number 18277.

Proposed Revisions to the Earnings Report for Electric Investor-Owned Utilities

1. Add schedules to report the amount and weighted-average cost of Preferred Trust Securities.

2. Add line to Schedule VI, Weighted Average Cost of Capital to include amount and cost of Preferred Trust Securities.

3. Include tax-deductible distributions related to Preferred Trust Securities in calculation of line 163 of Schedule IV, Federal Income Taxes.

4. Change the following financial ratios: (a) Total Debt as Percent of Total Capital; (b) Pre-Tax Interest Coverage Ratios; (c) Fixed Charge Coverage Ratio (excluding AFUDC and Deferrals; (d) Cash Interest Coverage; (e) Internal Cash as Percentage of Construction Expenditures; and (f) Cash Coverage of Common Dividends; to reflect distributions related to Preferred Trust Securities, where appropriate, and to achieve consistency with Standard & Poor's definitions of these ratios.

5. Add the ratio Funds From Operations/Average Total Debt.

6. Add to Schedule III, Invested Capital at End of Reporting Period an additional line that automatically calculates an earned return on equity.

7. Modify format and instructions for Supplemental Schedule V, Special Rates.

8. Schedule IVa, page 2, Consolidated Tax Savings, has been unprotected to allow the answers to be inputted on the page.

9. Drop subparts (f) and (g) on General Question 10, related to OPEB expenses.

Proposed Revisions to the Earnings Report For Telephone Utilities

1. Add line to Schedule XIV, Historical Financial Statistics to allow for the optional reporting of an adjusted return on equity that reflects the recapitalization of write-offs related to FAS 71 and FAS 106 and other specified adjustments.

2. Change instructions for line 31 of Schedule XIV, Historical Financial Statistics to include current maturities in the reported amount of long-term debt.

3. Add to Schedule II, Invested Capital an additional line that automatically calculates an earned return on equity.

4. Move Internal Cash as a Percent of Construction Expenditures ratio from Schedule XIII, Historical Financial Ratios (Large Telephone Companies) to Schedule XIV, Historical Financial Ratios (Total Company Basis).

5. Change the following financial ratios: (a) Pre-Tax Interest Coverage Ratios; (b) Internal Cash as a Percentage of Construction Expenditures; (c) Internal Cash as a Percent of Average Long- Term Debt; primarily to achieve consistency with Standard & Poor's definitions of these ratios.

6. Add the ratio Funds From Operations/Interest Coverage.

7. Change instructions on Schedule Ia, column 2, to clarify that regulatory amortization of FAS 106 transition obligation shall be amortized consistent with Subst. Rule 23.21(c)(F) and amortization of FAS 71 assets shall be shown as an adjustment to book amounts, if these items have been written off on financial books. Also modify instructions to Schedule IX to clarify that the equity balance shall be consistent with regulatory amortization of FAS 106 transition obligation and FAS 71 assets.

8. Schedule I, Summary of Revenues and Expenses, add two additional revenue lines: Sale of Unbundled Network Elements Revenue, and Pure Resale Revenue.

9. Schedule XIV, Historical Financial Statistics, separate total plant additions into two lines, "Plant additions related to Infrastructure Commitments" from election of Section 58 or 59 of PURA, and "Other plant additions".

10. Schedule II, Invested Capital, lines 43 and 44 have been combined consistent with FCC Part 32.

11. Drop subparts (f) and (g) on General Question 20, related to OPEB expenses.

12. Schedule IX, Weighted Average Cost of Capital, revise footnote that debt balance should also be consistent with amounts shown in Schedules XIII, and XIV, and that any inconsistencies should be footnoted in Supplemental Schedule V.

Proposed Revisions to the Earnings Reports for Electric Cooperatives/River Authorities

1. Change instructions for line 32 of Schedule V, Historical Financial Statistics to include current maturities in the reported amount of long-term debt.

2. Drop subparts (f) and (g) on General Question 9, related to OPEB expenses.

3. Modify format and instructions for Supplemental Schedule V, Special Rates.

A more detailed description of the proposed changes, including the reasons for proposing them, may be obtained in Central Records under Project 18277. A copy of the revised Earnings Report Forms shall also be made available in Central Records after February 6, 1998. Questions regarding the proposed changes may be directed to Martha Hinkle at (512) 936-7435 or Darryl Tietjen at (512) 936-7436.

TRD-9801209

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 1998

Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a new PLEXAR- Custom service for LeTourneau, Inc. in Longview, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for LeTourneau, Inc. in Longview, Texas pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 18712.

The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for LeTourneau, Inc. in Longview, Texas. The designated exchange for this service is the Longview exchange, and the geographic market for this specific PLEXAR-Custom service is the Longview 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-9801167

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 1998

Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.28

Notice is given to the public of the intent to file with the Public Utility Commission of Texas, on or after January 30, 1998, an application for approval of promotional rates, pursuant to Public Utility Commission Substantive Rule 23.28.

Tariff Title and Number: Application of Central Telephone Company of Texas doing business as Sprint for Approval of Promotional Rate Offering Pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Control Number 18707.

The Application: Central Telephone Company of Texas doing business as Sprint (Sprint) seeks approval to offer In Touch With Call Forwarding Network Services Package to customers for 30 days at no charge. Sprint proposes to introduce this promotional rate for a period of 55 days, beginning on March 23, 1998 and ending May 17, 1998.

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 Tariff Control Number 18707.

TRD-9801166

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 1998

Tariff Title and Number: Application of United Telephone Company of Texas, Inc. doing business as Sprint for Approval of Promotional Rate Offering Pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Control Number 18706.

The Application: United Telephone Company of Texas, Inc. doing business as Sprint (Sprint) seeks approval to offer In Touch With Call Forwarding Network Services Package to customers for 30 days at no charge. Sprint proposes to introduce this promotional rate for a period of 55 days, beginning on March 23, 1998 and ending May 17, 1998.

TRD-9801165

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 1998

Notice of Workshop Relating to Entry of Incumbent Local Exchange Carriers into InterLATA Markets

The Public Utility Commission of Texas (PUC or commission) plans to hold a staff-level workshop on February 23, 1998, to review the commission's substantive rules in light of the entry of incumbent local exchange carriers (ILECs) into interLATA markets and discuss any amendments to the rules that may be appropriate. Project Number 17902, Investigation of Possible Amendments to PUC Substantive Rules due to ILEC Entry into InterLATA Long-Distance Market has been assigned to this proceeding. Such discussion shall concern at least two types of amendments. The first type is related to possible amendments to language in the rules that refers to interexchange carriers (IXCs) and other long-distance carriers in order to clarify that the language also applies to ILECs providing interLATA long distance service. The second type of amendment to be discussed will concern any substantive or policy changes (including those related to enforcement standards for interconnection agreements) that need to be made to the rules to apply to a new competitive environment where ILECs are providing interLATA long distance service. The workshop will be held from 9:00 a.m. to 5:00 p.m. (with a one-hour lunch break, if necessary) in the commission's training room on the seventh floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Parties may, if they desire, bring any proposed amendment language to the workshop.

Persons who plan to attend the workshop should register with Sandra Hamlett at (512) 936-7239. If there are any questions, contact Nelson Parish at (512) 936-7257.

TRD-9801208

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 1998

Public Notices of Interconnection Agreement

On March 18, 1998 Waller Creek Communications, Inc. (WCC), is scheduled to file its interconnection agreement with Southwestern Bell Telephone Company (SWBT) 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, (Vernon 1998) §§11.001-63.063 (PURA). The interconnection agreement is to be filed pursuant to the arbitration award in Petition by Waller Creek Communications, Inc. for Arbitration with Southwestern Bell Telephone Company. The petition for arbitration has been designated Docket Number 17922. The petition for arbitration and the underlying interconnection agreement will be available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of section 251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). 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 30 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the 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 17922. 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 March 26, 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 application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202.

TRD-9801210

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 1998

On January 20, 1998, CS Wireless Systems, Inc., doing business as The Beam and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 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 18711. 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 18711. 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 February 26, 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.

TRD-9801028

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 1998

On January 20, 1998, Southwestern Bell Telephone Company and Now Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 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 18708. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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 18708. 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 February 26, 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.

TRD-9801027

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 1998

Texas Department of Transportation

Notice of Invitation

Notice of Invitation: The Odessa District of the Texas Department of Transportation (TxDOT) intends to enter into a contract with a professional engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC §§9.30-9.43, to provide the following services. A Prime Provider and any Subproviders proposed on the Team must be precertified by the deadline date for receiving the letter of interest for each of the advertised work category(s), unless the work category is a non-listed work category. To qualify for contract award, a selected prime engineer must perform a minimum of 30% of the actual work. Please be advised, a prime provider or subprovider currently employing former TxDOT employees, needs to be aware of the revolving door laws, including Government Code, Chapter 572 and Section 52, Article IX, of the General Appropriations Bill. To be considered, the proposed team must demonstrate that they have a professional engineer, architect, landscape architect, or surveyor registered in Texas who will sign and/or seal the work to be performed on the contract.

Historically Underutilized Business (HUB) Goal: The goal for HUB participation for the work to be performed under this contract is 10% of the contract amount.

Contract Number: 06-845P5006 - The precertified work categories and percentage of the work per category are: 2.14.1 - Environmental Document Preparation (10%); 3.1.1 - Route Studies and Schematic Design (Minor Roadways) (20%); 3.2.1 - Route Studies and Schematic Design (Major Roadways) (25%); 7.1.1 - Traffic Engineering Studies (5%); 9.1.1 - Bicycle and Pedestrian Facility Development (5%); 10.1.1 - Hydrologic Studies (10%); 15.1.1 - Right of Way Survey (10%); 15.1.4 - Right-of-way Maps (5%); 15.3.1 - Aerial Mapping (5%); and/or 15.4.1 - Horizontal and Vertical Control for Aerial Mapping (5%). The work to be performed will be developed on a work order basis for simple added capacity or new location projects. These projects will have little significant natural or human environmental impact; nor will they involve extensive route or alignment studies. The provider will assist the Department with any or all of the following planning activities: preparing Programming Feasibility Study documents; developing supporting environmental documents [either Categorical Exclusion (CE) or Environmental Assessments (EA)]; assisting with the development of exhibits for public involvement proceedings; developing design schematics; developing right-of-way maps, parcel fieldnotes and individual parcel plats; and/or utility location discovery.

Long List Criteria: TxDOT will consider the following criteria in its review of all interested providers.

Past Performance Scores: Minimum Qualifications - The Team must provide two separate satisfactory written references for preparing planning documents; to include preparing EA documents and design schematics for rural new location type projects. Preferred Qualifications - The Team must provide four satisfactory written references of which at least two are for preparing planning documents outlined in the minimum requirements of this category; and at least one must be for developing support documents and design schematics for a Widening and Added Capacity type project in an urban residential setting.

Project Requirements:

Environmental Document Preparation (2.14.1): Minimum Requirements - A Team member with a Bachelor's Degree or equivalent experience in environmental studies, urban planning, civil or environmental engineering, or a related field; who has been in responsible charge of the preparation of environmental documents for a minimum of two transportation projects through the issuance of the FONSI; has experience with participation in the preparation of, and management of, environmental documents for a minimal of one Environmental Impact Statement (EIS) through the Record of Decision; and with knowledge of pertinent federal, state and local environmental regulations. Preferred Requirements - In addition to the above minimum requirements, the Team member must satisfactorily demonstrate his/her knowledge of environmental concerns in both an urban residential setting, and in the Southwestern United States (semi-arid to arid) natural environment.

Route Studies and Schematic Design (Minor Roadways) (3.1.1): Minimum Requirements - The team must include a minimum of one professional engineer with three years experience in design of minor roadways and capacity and level of service analysis. Preferred Requirements - In addition to the minimum requirements, the nominated engineer must satisfactorily explain or demonstrate his/her understanding of critical design elements using AASHTO's "A Policy on Geometric Design of Highway and Streets" in an undeveloped area.

Route Studies and Schematic Design (Major Roadways) (3.2.1):Minimum Requirements - The team must include a minimum of one professional engineer with three years of roadway design experience on two separate projects. Preferred Requirements - In addition to the minimum requirements, the nominated engineer must satisfactorily explain or demonstrate his/her understanding of critical design elements using AASHTO's "A Policy on Geometric Design of Highway and Streets" for a project through a developed residential area.

Traffic Engineering Studies (7.1.1): Minimum Requirements - The team must include a minimum of one professional engineer with demonstrated experience performing traffic engineering studies. Preferred Requirements - In addition to the minimum requirements, the nominated engineer must satisfactorily explain or demonstrate his/her understanding of capacity and level of service analysis, and signing and pavement marking.

Bicycle and Pedestrian Facility Development (9.1.1): Minimum Requirements - The team must include a minimum of one professional engineer with one year experience in the design of bicycle and pedestrian facilities and with knowledge of drainage design and sufficient production staff to perform these activities. Preferred Requirements - In addition to the minimum requirements, the individual must satisfactorily explain or demonstrate his/her experience developing projects where the bicycle facility is a component of the motor vehicle facility using AASHTO's "Development Guidelines for Bicycle and Pedestrian Facilities".

Hydrologic Studies (10.1.1): Minimum Requirements: The team must include one professional engineer with four years experience preparing hydrologic studies; and a minimum of two years as a professional engineer in analysis of complex watersheds. Preferred Requirements: In addition to the minimum requirements, the nominated engineer must explain and adequately demonstrate his/her experience developing hydrologic data for both urban and rural arid to semi-arid watersheds. The rural watersheds are characterized by multiple subareas delineated by county road systems and/or irrigation systems that function as flow collectors and flow direction barriers.

Right of Way Survey (15.1.1): Minimum Requirements - The team must include a minimum of one Registered Professional Land Surveyor (RPLS), with two technical personnel, all with demonstrated experience in the researching and determination of property boundaries. Preferred Requirements - In addition to the above minimum requirements, the nominated surveyor must explain and adequately demonstrate his/her experience determining existing boundary surveys and validating proposed right-of-way maps.

Right-of-way Maps (15.1.4): Minimum Requirements - The team must include a minimum of one Registered Professional Land Surveyor (RPLS) with two technical personnel all with demonstrated experience in the researching and determination of property boundaries. Preferred Requirements - In addition to the above minimum requirements, the nominated surveyor must satisfactorily explain or demonstrate his/her understanding of right-of-way map development, fieldnote composition, and individual parcel plat development.

Aerial Maps (15.3.1.): Minimum Requirements - The team must employ sufficient lead technical personnel with a minimum of five years of experience each in aerial mapping; have available the proper equipment meeting national mapping standards and other equipment required to perform the work; and employ sufficient technical production staff to perform this type of work. Preferred Requirements - In addition to the above minimum requirements, the nominated surveyor must satisfactorily explain or demonstrate his/her understanding of developing topographic and hydrographic survey data from the completed aerial maps for roadway design.

Horizontal and Vertical Control for Aerial Mapping (15.4.1): Minimum Requirements - The team must employ a minimum of one Registered Professional Land Surveyor (RPLS), have available the proper equipment to perform the work, and employ sufficient staff to undertake the requirements normally associated with this type of work. Preferred Requirements - In addition to the above minimum requirements, the nominated surveyor must satisfactory explain or demonstrate his/her understanding of establishing and paneling 2nd Order Horizontal & Vertical Traverses with associated wing points.

Special Project Related Experience:

Environmental Document Preparation (2.14.1): "Special Project Related Experience" in the category is not applicable for this contract.

Route Studies and Schematic Design (Minor Roadways) (3.1.1): Minimum Requirements - The Project Manager must satisfactorily explain and demonstrate his/her understanding of critical design elements using AASHTO's "A Policy on Geometric Design of Highway and Streets" for developing schematic design for new and undeveloped locations. Preferred Requirements - In addition to the above Special Project Related Minimum Experience, the Project Manager must explain his/her understanding of critical design elements using AASHTO's "A Policy on Geometric Design of Highway and Streets" in an urban residential area; as well as developing schematic design that incorporate bicycle and pedestrian facilities into the motor vehicle facility.

Route Studies and Schematic Design (Major Roadways) (3.2.1): Minimum Requirements - The Project Manager must satisfactorily explain and demonstrate his/her understanding of critical design elements using AASHTO's "A Policy on Geometric Design of Highway and Streets" for developing schematic design for developed locations. Preferred Requirements - In addition to the above Special Project Related Minimum Experience, the Project Manager must explain his/her understanding of critical design elements using AASHTO's "A Policy on Geometric Design of Highway and Streets" in an urban developed area; as well as developing schematic design that incorporate bicycle and pedestrian facilities into the motor vehicle facility.

Traffic Engineering Studies (7.1.1): "Special Project Related Experience" in the category is not applicable for this contract.

Bicycle and Pedestrian Facility Development (9.1.1): "Special Project Related Experience" in the category is not applicable for this contract.

Hydrologic Studies (10.1.1): Minimum Requirements - The nominated team member to perform the hydrologic study work task must provide satisfactory explanation of his/her experience developing hydrologic data in an urban environment that is controlled by city/county code and hydraulic codes or plans.

Preferred Requirements - The Project Manager must possess and provide satisfactory explanation of his/her experience developing hydrologic data in an urban environment that is controlled by city/county code and hydraulic codes or plans.

Right of Way Survey (15.1.1): "Special Project Related Experience" in the category is not applicable for this contract.

Right-of-way Maps (15.1.4): "Special Project Related Experience" in the category is not applicable for this contract.

Aerial Maps (15.3.1.): "Special Project Related Experience" in the category is not applicable for this contract.

Horizontal and Vertical Control for Aerial Mapping (15.4.1): "Special Project Related Experience" in the category is not applicable for this contract.

Evidence of Compliance with Assigned DBE/HUB Goal: A provider gets three points for meeting the assigned goal or zero points for not meeting the assigned goal.

Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (915) 498-4739, or by hand delivery to TxDOT, Odessa District, 3901 East Highway 80, Odessa, Texas 79761-0501. Letters of interest will be received until 5:00 p.m. on Friday, February 27, 1998.

Letter of Interest Requirements: The letter of interest is limited in length to five 8 1/2 x 11 pages, 12 pitch font size, single sided with no attachments or appendices, plus references, and must include the contract number 06-845P5006; an organizational chart containing the names, address, telephone and fax numbers of the prime provider and any subprovider(s) proposed for the team and their contract responsibilities by work category; certification that the proposed team individuals are currently employed by either the prime provider or a subprovider; the prime provider's project manager and key personnel proposed for the contract; team capabilities; special project related experience; evidence of compliance with the assigned HUB goal through the prime provider or subprovider identified on the team, or a written commitment to make a good faith effort to meet the assigned goal; project related experience performed since precertification; and other pertinent information addressed in the notice, including references for related projects.

Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Gary J. Law, P.E. at (915) 498-4712 or fax (915) 498-4739.

TRD-9801241

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Notice of Consultant Contract Award-Admissions Standards Study

Public Notice

Pursuant to Title 43, Texas Administrative Code, §31.36 and FTA Circular 9040.1 D, the Texas Department of Transportation will conduct a public hearing to obtain comments to assist the Texas Transportation Commission in assessing whether the current intercity bus needs of Texas are adequately met relative to the other rural public transportation needs in the state.

The Intermodal Surface Transportation Efficiency Act, §5311(f) requires each state to spend 15% of its annual §5311, rural public transportation, apportionment to carry out a program to develop and support intercity bus transportation unless the governor certifies that the intercity bus service needs of the state are adequately met. The Governor of Texas has delegated certification authority to the Texas Transportation Commission.

Comments received will be considered in determining the needs of the intercity bus industry relative to the state's overall rural public transportation needs. If it is determined that the state's intercity bus needs are being adequately met, the Texas Department of Transportation will seek the certification necessary to allocate intercity bus program funds to existing rural public transportation providers.

The public hearing will be held at 10:00 a.m. on February 17, 1998, in the first floor hearing room of the Dewitt C. Greer Building, located at 125 East 11th Street, Austin, Texas. 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. 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 may be submitted at the hearing or may be mailed to: Texas Department of Transportation, Public Transportation Division, 125 East 11th Street, Austin, Texas 78701-2483. To be considered, written comments must be received by 5:00 p.m. on February 20, 1998.

For additional information please contact Jim Randall, Acting Director, Public Transportation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-2810.

TRD-9801242

Bob Jackson

Acting General Counsel

Texas Department of Transportation

Filed: January 28, 1998

Stephen F. Austin University

Pursuant to Texas Government Code, Chapter 2254, Stephen F. Austin State University provides the following information for publication in the Texas Register:

1. The admissions-standards study contract was awarded to the NCHEMS Management Services, Inc., (NMSI), pursuant to Texas Government Code, Chapter 2254.

2. Notice of the request for proposals was published in the September 12, 1997 edition of the Texas Register (Vol. 22 No. 67 P. 9357).

3. The private consultant will study the potential enrollment effects regulating from increased academic admission requirements for first-semester freshman at Stephen F. Austin State University (SFASU).

4. The total value of the contract is $32,550. The contract dated January 20, 1998 will terminate May 31, 1998.

5. The private consultant is NMSI, P.O. Box 9752, Boulder, Colorado 80301-9752.

6. The consultant will study SFASU data to develop applicable student profiles and project enrollment effects resulting from increase academic admissions standards for first semester SFASU freshman.

TRD-9801216

R. Yvette Clark

Stephen F. Austin State University