TITLE in-addition

Texas Commission on Alcohol and Drug Abuse

Notice of Intent to Fund

Under the authority of the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 461, the Texas Commission on Alcohol and Drug Abuse (TCADA) is seeking proposals from organizations to provide comprehensive community-based prevention and intervention services for medically-indigent individuals. In addition, TCADA seeks to implement a balanced array of services as outlined in the Continuum of Care Model of the 1998 Statewide Service Delivery Plan. The plan and the rules are available on TCADA's website at http://www.tcada.state.tx.us. To request a hard copy of the plan or rules, please call the Services Procurement Department at (800) 832-9623, extension 6786 or (512) 349-6786.

One goal of this quarterly funding process is to advance toward the goal established in the 1999 Comprehensive Services RFP of equalizing the funding allocation between substance abuse prevention, intervention and treatment; therefore, substance abuse prevention and/or intervention funds are reserved for Health and Human Services Commission (HHSC) region 2 only. A second goal is to develop community coalitions in region 10 to reduce substance abuse among youth.

TCADA has applications from Turning Point - North Texas Council on Substance Abuse, region 2a, for a 12-month amount of $94,846 and Consortium on a Substance Free Environment, region 10 for a 12-month amount of $150,000. If TCADA receives no better applications, TCADA intends to fund Turning Point and the Consortium on a Substance Free Environment.

Available services and funds for competition: there is approximately $244,846 through this quarterly funding process. The amount of funding is subject to change. Federal categorical programs are exempt from competition.

Contract period: the initial contract period of proposals selected through this quarterly funding process will be June 1, 1999 through August 31, 1999.

Application process and criteria: application kits are available on TCADA's website at http://www.tcada.state.tx.us. To request a hard copy of any application kit, call the Services Procurement Department at (800) 832-9623, extension 6786 or (512) 349-6786. Applicants interested in applying for funding should mail an application to: Texas Commission on Alcohol and Drug Abuse, Services Procurement Department, PO Box 80529, Austin, Texas 78708-0529 or deliver an application to TCADA, Services Procurement Department, 9001 North IH-35, Suite 105, Austin, Texas 78753. Application criteria for funding will be listed in the application kits. Faxed documents will not be accepted. If there are any questions, please contact the Services Procurement Department at (800) 832-9623, extension 6786 or (512) 349-6786. TCADA's application criteria for funding will be listed in the application kits.

Due date: TCADA must receive applications from interested organizations by 5:00 p.m. on May 14, 1999.

TRD-9901942

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: March 31, 1999


Office of Consumer Credit Commissioner

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.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 04/05/99 - 04/11/99 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 04/05/99 - 04/11/99 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 3 for the period of 04/01/99 - 04/30/99 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 04/01/99 - 04/30/99 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-9901928

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 31, 1999


Office of the Governor-Criminal Justice Division

Request for Applications to Develop and Implement a Regional Monitoring Program

Notice of Request for Applications: The Criminal Justice Division in the Office of the Governor is soliciting applications for a grant to develop and implement a regional monitoring program. The grantee will work with Criminal Justice Division to develop a new grant monitoring system for the division and to implement a regional monitoring program for approximately 1,000 local grants within seven monitoring regions in Texas.

Eligible Applicants: Eligible to apply are regional councils of governments, universities, colleges, or businesses with experience in operating, monitoring, evaluating, or providing technical assistance to criminal justice, juvenile justice, or victims-related programs. Additionally, the applicant must be able to document experience with strategic planning, quality assurances, or business practices. Applicant must also be able to document that it can provide adequate personnel resources of at least eight full-time equivalents.

Grant Requirements: The grantee will be expected to begin the preparatory phase of the grant no later than June 1, 1999 and the implementation phase no later than August 1, 1999. The grantee will establish one full-time statewide coordinator and seven full-time regional monitor positions in each of seven regions in the state. Each of these positions must have at least a bachelor's degree and some experience in a justice-related program or as a program evaluator. The statewide coordinator will act as a liaison to the Criminal Justice Division and will coordinate activities for the grant and supervise the regional monitors. Each regional monitor will be responsible for monitoring approximately 150 grants in their region. The seven monitoring regions will be based on the boundaries of the state's 24 regional councils of governments (COGs). Each regional monitor will have an average of four COG regions within their monitoring region. A map of the seven monitoring regions is available in the application kit.

Coordination with the Regional Councils of Governments. The provider must also establish and maintain relationships with the criminal justice planners at the regional councils of governments. Included in this relationship must be monthly meetings or conference calls to communicate about monitoring visits and grantee issues. The dialogue between the two parties should be frequent and ongoing.

Risk Assessment. The Criminal Justice Division will conduct an annual risk assessment of each grantee that uses four factors to determine a risk level for each grantee. Within each of the seven monitoring regions all grants will be placed into three risk levels.

Approximately 25% of the grants in a monitoring region will be designated as Level 1 requiring a two-day on-site visit each year to monitor both the financial and program aspects of the grant and a review of the grantee's expenditures, audits, and progress reports.

Approximately 50% of the grants in a monitoring region will be designated as Level 2 requiring a half-day visit each year to monitor both the financial and program aspects of the grant and a review of the grantee's expenditures, audits, and progress reports.

Approximately 25% of the grants in a monitoring region will be designated as Level 3 requiring a one telephone consultation and a desk review of grantee expenditures, audits, and progress reports.

Additionally, there will be times when grantees must have an on-site visit regardless of their risk assessment score. When a special request to monitor a project has been made by the Criminal Justice Division, then the regional monitor must conduct an on-site visit within 60 days or 14 days of the request depending on the nature and importance of the request.

Program Philosophy. The monitoring program developed by CJD and the provider will include a balanced approach that not only ensures fiscal responsibility but also focuses on program aspects and provides needed assistance to grantees. The standards of this program will include a review of the facility structure and environment, program management, program safety, staff development and training, program performance, and financial management.

Training. The provider must coordinate with the Criminal Justice Division to develop a 40-hour core-training curriculum for monitors. This program will provide guidance for both the regional monitors and the division's monitors regarding monitoring procedures, interviewing techniques, state and federal regulations, fiscal management, philosophy regarding the role of monitors, and the overall monitoring program. Each of the seven regional monitors and other key staff members of the provider must attend this training prior to beginning their monitoring duties.

Applications: The budget and narrative of applications may be no longer than 10 pages. Applicants may, however, attach appendices that support the budget or narrative. Applications will be judged as explained under Selection Process according to the point levels provided in each of the following components required in the applications. Applications must be submitted using the following outline.

Budget Summary (10 points). Applications must be based on a budget of no more than $1,250,000 for two months of preparatory time and 24 months of operation of the monitoring program. It must include a summary of budget estimations for travel, equipment, and personnel costs that demonstrate cost effectiveness and an ability to meet the requirements of this request for applications within the allowed budget of $1,250,000. Temporary office space will be provided in regional councils of governments when monitors travel, however, if the applicant will require permanent office space, such costs should be included in the budget. Additionally, because the regional monitors will travel extensively, adequate costs for wireless communications and portable equipment must be included in the application.

Statement of Experience (60 points). Applications must document the experience of the applicant in operating, monitoring, evaluating, or providing technical assistance to criminal justice, juvenile justice, or victims-related programs. Additionally, the applicant must be able to document experience with strategic planning, quality assurances, or business practices. This statement must also include a demonstration of the applicant's experience in effectively administering grants of this size and a list of references.

Implementation Plan (30 points). Based on the requirements of this request for applications, applicants must outline a timeline and plan for selecting the regional monitors, including the qualifications and experience of monitors. These requirements for monitors must use the minimum requirements outlined above under the grant requirements, but should be outlined based on the maximum amount of education and experience possible within the budget constraints. This plan must also include the training to be provided to monitors in addition to the required training outlined above.

Contact: Parties interested in submitting an application should contact Camille Cain, Criminal Justice Division, Office of the Governor, Post Office Box 12428, Austin, Texas 78711, (512) 463-1789 to obtain an application kit or additional information.

Closing Date: Applications may be mailed to Criminal Justice Division, Office of the Governor, Post Office Box 12428. Deliveries and overnight mail may be sent to 1100 San Jacinto, Suite 2.232. All applications must be postmarked by or received no later than May 1, 1999.

Award Procedure: To be compliant, applications must meet the minimum requirements of this request for applications. All compliant applications will be subject to evaluation by a committee appointed by the executive director of the Criminal Justice Division, which will assign a point score to each component of the application based on the criteria listed above. Points will be assigned based on the documented ability to carry out this program in an effective, timely, and cost effective manner. The decision of this committee will be final. At any time during this process, an applicant may be asked to clarify their application, which may include telephone inquiries, revisions to the application, or a verbal presentation at the Criminal Justice Division.

The Office of the Governor reserves the right to accept or reject any or all applications submitted. The Office of the Governor is under no legal or other obligation to execute a grant on the basis of this notice or the distribution of any other information. Additionally, the Office of the Governor is not obligated to and will not pay for any costs incurred prior to the execution of a grant.

TRD-9901766

James Hines

Assistant General Counsel

Office of the Governor-Criminal Justice Division

Filed: March 24, 1999


Residential Substance Abuse Treatment (RSAT) for Adults and Juveniles In Correctional Facilities

Request For Applications

The Criminal Justice Division of the Governor's Office is soliciting applications for projects to provide residential substance abuse treatment to adults and juveniles incarcerated or confined in detention and/or correctional facilities.

PURPOSE

The purpose of the RSAT program is to treat chronic substance abusers who are incarcerated or confined in adult and juvenile detention and/or correctional facilities.

GOAL

The goal of the RSAT program is to break the cycle of drug and alcohol dependency that leads to further crimes and recidivism by providing funds to projects that provide direct substance abuse treatment to incarcerated or confined offenders.

ELIGIBLE APPLICANTS

Eligible applicants are: (1) state agencies and counties operating residential detention and/or correctional facilities and; (2) community supervision and corrections departments (CSCDs) operating community corrections facilities, as defined in §509.001, Government Code. Applicants who receive grants may provide services directly in correctional facilities that they operate or they may contract with qualified service providers who meet all licensing and certification requirements.

COORDINATION

Grant applications must describe how the project will be coordinated with programs administered by the Texas Commission on Alcohol and Drug Abuse, programs funded under the Substance Abuse Prevention and Treatment Block Grant Program administered by the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration, and other substance abuse treatment programs available to the applicant.

GRANT FUNDING

The total amount of RSAT funds available in this RFA is $9.2 million ($5.8 million in FY99 funds and $3.4 million in FY98 funds). CJD intends to fund several projects under this initiative. While there is no maximum amount that may be applied for, applicants should be aware that cost-effectiveness will be taken into consideration in the selection process. Small jurisdictions are encouraged to apply as well as large ones. State agencies are encouraged to apply as well. Regional approaches are encouraged for projects serving two or more counties. In selecting applications for grant award, CJD will seek a balance of funding between adult/juvenile populations, state agencies/local agencies, and urban/rural areas subject to quality of applications received and results of competitive scoring.

MATCHING FUNDS

Grantees must provide a cash match of 25% of the total project costs. No in-kind match is allowed. Costs for the Aftercare Phase cannot be used to meet the match requirements.

GRANT PERIOD

Grant-funded projects must begin on or after September 1, 1999. Grants shall be awarded for a project period of 12 months. However, grant applicants are required to submit a two-year budget with the CJD grant application. Currently awarded grantees that submitted two-year budgets under the FY98 RFA and who are going into Year B of their RSAT project, do not have to resubmit an application under the FY99 RFA. However, Year B funding is not guaranteed. CJD review and approval must still occur before funds are awarded to current grantees. CJD will notify these current grantees regarding Year B funding and revisions to their grant project.

PROGRAM DESIGN

Applications must include both of the following phases of treatment.

Residential Phase (6-12 months) - Offenders must participate in the program for no less than six months and no greater than 12 months. Eligible participants are those offenders with no less than six months and no greater than 12 months remaining on their term of incarceration or confinement. Individual and group treatment activities must be provided in residential treatment facilities that are set apart from the general correctional population. Set apart means a totally separate facility or a dedicated housing unit within the facility. Treatment must focus on the substance abuse problems of the offender and on developing cognitive, behavioral, social, vocational, and other skills to solve the substance abuse and related problems.

Aftercare Phase - Following release, offenders who participated in the residential phase of treatment must participate in an aftercare phase lasting no less than six months. Aftercare services must involve coordination with education, job training, parole services, halfway houses, and self-help and peer group programs. An individual treatment plan must be developed for each offender that includes placement of program participants in appropriate community substance abuse treatment, when the term of incarceration or confinement is completed.

RSAT funding can only be used to fund the Residential Phase of the program. It cannot be used to fund the Aftercare Phase of the program.

DRUG TESTING

Drug testing is mandatory in both phases of treatment. Grant applications must contain a description of law or policy requiring substance abuse testing of individuals in correctional residential substance abuse treatment programs. Grant applications must also state the number of individuals who were tested during the year preceding the project. Grant funds may be used to pay the costs of testing offenders while in the Residential Phase of a grant-supported program only.

EVALUATION

Project status will be evaluated through the grantee's submission of a semi-annual progress report, due 20 days after the first six-months of the project, and an annual progress report, due 20 days after the project end date. These progress reports must describe activities carried out with grant funds, criteria used to assign offenders to programs, and the impact of activities on meeting the goals and objectives of the program. Projects must also report the number of substance abuse beds available at the end of the year preceding the grant and at the end of the grant year. Additionally, programs must report the number of offenders treated during the year preceding the grant and during the grant year.

Projects must agree to participate in a national evaluation conducted by the National Institute of Justice.

REPORTS

Grantees must submit to CJD semi-annual and annual progress reports (as required above), quarterly financial expenditure reports, and individual project reports (IPRs). CJD will supply the necessary forms and instructions following grant award. Failure to submit reports on time will result in a financial hold being placed on grant funds until the delinquent reports are submitted.

NON-SUPPLANTING REQUIREMENT

Grant funds must be used to initiate new treatment programs or to expand existing ones. Federal funds shall not be used to supplant or replace state or local funds.

NON-ALLOWABLE PROJECT COSTS

Grantees cannot charge project costs, such as parking expenses to the RSAT project, unless this benefit is being provided to all non-RSAT funded personnel.

Employee training that is required in order to stay licensed and that is required to practice in the field of expertise, cannot be charged to the RSAT project; unless this benefit is being provided to all non-RSAT funded personnel.

Grantees cannot charge project costs such as food expenses to the RSAT project.

If an expense is not allowable for RSAT funding, it cannot also be used to meet the cash match requirement.

CONSTRUCTION PROJECTS

Grant funds may not be used for land acquisition or construction costs.

CONTINUATION FUNDING POLICY

An annual Request For Applications (RFA) may be issued, depending upon availability of federal funds. There is currently no limit on total years of funding. A decreasing fund ratio, that requires a gradual reduction in the amount of available funds for a given project, does not currently apply to these funds.

APPLICATIONS INFORMATION

For application information, CJD may be contacted by phone at (512) 463-1786. Application kits may be obtained from CJD at the following address:

Office of the Governor-Criminal Justice Division, Attn: Justice Programs, P.O. Box 12428, Austin, Texas 78711.

SUBMISSION DEADLINE

Applications must be received at the Governor's Criminal Justice Division no later than 5 p.m. on Monday, May 31, 1999. Submit an original application and two copies of the application to the following address:

Office of the Governor-Office of Budget and Planning, Attn: Tom Adams, P.O. Box 12428, Austin, Texas 78711.

TEXAS REVIEW AND COMMENT SYSTEM (TRACS)

Applicants for local projects must submit a copy of the grant application to their respective regional council of governments (COGs). Applicants are responsible for submitting TRACS review comments received from the regional COG to CJD. Applicants for statewide projects must submit a copy of the grant application for TRACS review to the following address:

Office of the Governor— Office of Budget and Planning Attn: Tom Adams P.O. Box 12428 Austin, Texas 78711

Applicants are responsible for submitting TRACS review comments received from that agency to CJD.

SELECTION PROCESS

CJD staff will conduct an initial screening of applications to determine eligibility. The executive director of CJD may appoint an internal review team to score and rank applications. Team members will include CJD staff, regional council representatives, and other persons with expertise in corrections and substance abuse treatment.

FOR FURTHER INFORMATION

Please call Darryl Burgess at (512) 463-1786 for further information.

TRD-9901782

James Hines

Assistant General Counsel

Office of the Governor-Criminal Justice Division

Filed: March 26, 1999


Texas Department of Health

Licensing Action for Radioactive Materials

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

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

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

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

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

TRD-9901787

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 26, 1999


Notice of Emergency Cease and Desist Order on Downtown Plaza Imaging Center

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Downtown Plaza Imaging Center (registrant M-00610) of Houston to cease and desist performing mammographic examinations until all violations of Texas radiation control regulations that were noted during a recent inspection have been corrected. The bureau determined that failure to meet regulatory requirements while performing mammography constitutes an immediate threat to public health and safety, and the existence of an emergency. Poor image quality may result in missed diagnosis of cancerous or pre-cancerous growths, or cause unnecessary radiation exposure to patients due to retakes. The order will remain in effect until the registrant has received authorization from the bureau to perform mammography.

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

TRD-9901785

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 26, 1999


Notice of Request for Proposals for Projects to Provide a Community-based Breastfeeding Pilot Project for the Texas Special Supplemental Nutrition Program for Women, Infants, and Children

INTRODUCTION

The Texas Department of Health (department), Women, Infants, and Children (WIC) Program, announces a Request for Proposals (RFP) for a 14-month period beginning August 1, 1999, and ending September 30, 2000. The grant is being funded by the Texas WIC Program and administered by the Nutrition Training Section of the Bureau of Nutrition Services. The RFP will be released on April 9, 1999.

PURPOSE

The purpose of the funding is to increase breastfeeding rates in a targeted community by coordinating multiple intervention strategies. Intervention strategies will include conducting a breastfeeding summit; conducting focus groups to determine barriers and support for breastfeeding; encouraging and assisting businesses to become mother friendly worksites; encouraging and assisting hospitals to become a Texas ten step hospital and/or a baby friendly hospital; assessing breastfeeding knowledge of health care providers and providing breastfeeding training if needed; providing expanded peer counselor training to active peer counselors; working with local radio, television, and newspapers to provide breastfeeding messages, and evaluating each strategy to determine its effectiveness.

ELIGIBLE APPLICANTS

Eligible applicants include, but are not limited to individuals, nonprofit community agencies, organizations, and task forces; governmental entities (including city, county, and state); and institutions of higher learning with experience in breastfeeding promotion.

AVAILABILITY OF FUNDS

Funds in the amount of $120,000 will be available for the project, through the WIC Program.

PROJECT AND BUDGET PERIODS

The contract will be funded for 14 months beginning August 1, 1999, and ending September 30, 2000.

GENERAL PURPOSE AND PROGRAM GOALS

Through a community-wide effort, the project is intended to encourage at least 75% of mothers to breastfeed at hospital discharge, and 50% of mothers to continue breastfeeding for at least six months postpartum.

REVIEW AND AWARD CRITERIA

Each application will first be screened for completeness and timeliness. Proposals which are deemed incomplete or arrive after the deadline will not be reviewed. Proposals will be reviewed by a team of reviewers and evaluated according to the criteria and review process outlined in the RFP.

DEADLINE

Proposals prepared according to the instructions in the RFP package must be received by the department by 5:00 p. m., Central Daylight Saving Time, on May 28, 1999.

TO OBTAIN A COPY OF THE RFP

Requests for a copy of the RFP should be directed to Janet Rourke, Nutrition Training Program Coordinator, Texas Department of Health, Bureau of Nutrition Services, 1100 West 49th Street, Austin, Texas 78756; by email at janet.rourke@tdh.state.tx.us; or by fax (512) 406-0722.

TRD-9901875

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 30, 1999


Notice of Revocation of the Industrial Radiographer Identification Card of Darrell Paul Thrash

The Texas Department of Health, having duly filed a complaint pursuant to Texas Regulations for Control of Radiation , Part 13 (25 Texas Administrative Code §289.112), has revoked the following industrial radiographer identification card: Darrell Paul Thrash, Longview, Texas Industrial Radiographer Identification Card audit number 09602, March 15, 1999.

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

TRD-9901786

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 26, 1999


Texas Higher Education Coordinating Board

Correction of Error

The Texas Higher Education Coordinating Board adopted an amendment to 19 TAC §9.93. The rule appeared in the March 12, 1999 issue of the Texas Register (24 TexReg 1771).

Due to error by the Texas Register, on page 1772, the Proposal Publication Date was published as “December 4, 1999”, instead of “December 4, 1998”


Texas Department of Housing and Community Affairs

Notice of Administrative Hearing

Manufactured Housing Division

Wednesday, April 13, 1999, 1:00 p.m.

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

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the Texas Department of Housing and Community Affairs vs. Perty Falke dba Falke House Moving to hear alleged violations of the Act, §§4(f) and 7(d) and the Rules §§ 80.51 and 80.125(e) regarding obtaining, maintaining or possessing a valid installer's license and violating the installation standards and compliance standards revolving around the installation of a manufactured home. SOAH 332-99-0541. Department MHD1997002087D.

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

TRD-9901927

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 30, 1999


Texas Department of Insurance

Insurer Services

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

Application to change the name of LUTHERAN BENEVOLENT INSURANCE EXCHANGE to INSTANT AUTO INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Alma, Missouri.

Application to change the name of LEADER NATIONAL INSURANCE COMPANY to LEADER INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Independence, Ohio.

Any objections must be 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-9901773

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 25, 1999


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

Application for admission in Texas for U.S. AUTO INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Dallas, Texas.

Application for admission in Texas for TIAA-CREF LIFE INSURANCE COMPANY, a foreign life company. The home office is in New York, New York.

Application to change the name of CATHOLIC LIFE INSURANCE UNION to CATHOLIC LIFE INSURANCE, a domestic life company. The home office is in San Antonio, Texas.

Any objections must be 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-9901944

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 31, 1999


Notices

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Guidant Lloyds Insurance Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated Article 5.101, §3(g). They are proposing rates ranging from +30% to 40% above the benchmark for various coverage forms for private passenger automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9901839

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 29, 1999


The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Republic Lloyds proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing various rates ranging from benchmark to +73.30% above the benchmark by class, coverage and territory for personal automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9901936

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 31, 1999


The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by First National Insurance Company of America proposing to use rates for commercial automobile insurance (including private passenger automobile written on a commercial policy) that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate of +15% above the benchmark for liability and physical damage and +20% above the benchmark for UM/UIM for commercial automobile; and for private passenger types written on a commercial policy, rates ranging from +15% above the benchmark to +50% above the benchmark by coverage.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9901937

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 31, 1999


The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by First National Insurance Company of America proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate of +36% above the benchmark for BI, +30% above the benchmark for PD, +50% above the benchmark for Med Pay, +40% above the benchmark for PIP, +20% above the benchmark for UM, and +45% above the benchmark for comprehensive and collision for personal automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9901938

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 31, 1999


The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Connecticut Indemnity Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing a rate of -30% below the benchmark for ambulances, -57.5% below the benchmark for fire departments, and -20% below the benchmark for all others for commercial automobile insurance.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9901939

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 31, 1999


Third Party Administrator Applications

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

Application for admission to Texas of AdminQuest, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

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

TRD-9901940

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 31, 1999


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

Application for incorporation in Texas of NPA Of Texas, Inc., a domestic third party administrator. The home office is Irving, Texas.

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

TRD-9901941

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 31, 1999


Texas Department of Mental Health and Mental Retardation

Notice of Joint Public Hearing on the Reimbursement Rates for Intermediate Care Facilities for the Mentally Retarded (ICF/MR) Group Homes for the State-Operated Community Services Divisions of Amarillo and Laredo State Centers and Lakes Regional

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the new reimbursement rates for intermediate care facilities for the mentally retarded (ICF/MR)group homes for the state-operated community services divisions of Amarillo and Laredo State Centers and Lakes Regional, effective January 1, 1999, through December 31, 1999. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held on Tuesday, April 20, 1999, at 9:00 a.m. in the auditorium of the TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512)206-5693. Hand deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751. Comments must be received by noon on Monday, March 22, 1999. Interested parties may obtain a copy of the reimbursement briefing package by calling the Reimbursement and Analysis Section at (512) 206-5753. The reimbursement briefing package will be available 10 days prior to the hearing.

Persons requiring an interpreter for the deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-9901945

Charles Cooper

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: March 31, 1999


Texas Natural Resource Conservation Commission

Applications for Concentrated Animal Feeding Operation Registrations

The following Notices were issued between March 17 & March 23, 1999.

Written public comments may be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. The Executive Director will consider all relevant information pertaining to whether the applicant meets the requirements for the registration and will issue a written determination as to any final action on the application for registration and a response to all comments.

Written public comments should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For additional information about the application or the procedure for public participation in the registration process, individual members of the general public may contact the Office of Public Assistance, Toll Free, at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Listed are the names of the applicants, the type of application (new permit, amendment, or renewal), the registration number, the type of facility, and the location of the facility.

DEAN PAUL, d.b.a. PAUL FARMS SITE #1, 2406 Sequoia, Perryton, Texas 79070; New Registration Number 03875; The swine facility is located on an unnamed county road approximately one mile west of Farm-to-Market Road 1267 and approximately four miles north of the intersection of Farm-to-Market Road 1267 and State Highway 15 in Ochiltree County, Texas. The off-site application area is located north of State Highway 15 approximately 5.8 miles northeast of the intersection of Farm-to-Market Road 1267 and State Highway 15, in Ochiltree County, Texas.

DEAN PAUL, d.b.a. PAUL FARMS SITE #2, 2406 Sequoia, Perryton, Texas 79070; New Registration Number 03878; The swine facility is located on an unnamed paved county road approximately 3.8 miles south of the community of Waka in Ochiltree County, Texas.

TRD-9901886

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


Correction of Error

The Texas Natural Resource Conservation Commission adopted amendments to 30 TAC §§117.101, 117.103, 117.105, 117.107, 117.109, 117.111, 117.113, 117.115, 117.117, 117.119 and 117.121. The rules appeared in the March 12, 1999, issue of the Texas Register (24 TexReg 1796).

Due to error by the Texas Natural Resource Conservation Commission, on page 1798, §117.113(g)(1)(B), second sentence, and also on page 1805, §117.213(h)(2)(A), the sentence was published as follows:

“The system shall be accurate to within ñ 5.0%.”

It should read as follows:

“The system shall be accurate to within ± 5.0%.”


Enforcement Orders

An agreed order was entered regarding W SILVER, INCORPORATED, Docket Number 1998-0869-PWS-E; PWS Number 0710096; Enforcement ID Number 12689 on March 15, 1999 assessing $1,575.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DARRELL HALL DBA SHANNON ESTATES SUBDIVISION, Docket Number 1997-1112-PWS-E; PWS Number 0930052; Enforcement ID Number 11938 on March 15, 1999 assessing $3,740 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sabelyn Pussman, Enforcement Coordinator at (512) 239-6061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF COTULLA, Docket Number 1998-0873-PWS-E; PWS Number 1420001; Enforcement ID Number 12725 on March 15, 1999, assessing $2,988 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF COMO, Docket Number 1998-0355-PWS-E; 1120012; Enforcement ID Number 8361 on March 15, 1999, assessing $1,725 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF MIDWAY, Docket Number 1996-1725-PWS-E; PWS Number 1570003; Enforcement ID Number 6867 on March 15, 1999, assessing $2,210 in administrative penalties with $663 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Thompson, Enforcement Coordinator at (512) 239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BUDDY BURNETT DBA PONDEROSA MOBILE HOME, Docket Number 1998-0492-PWS-E; PWS Number 1910044; Enforcement ID Number 12476 on March 15, 1999, assessing $2,344 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Subhash Jain, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PION EER CONCRETE OF TEXAS, Docket Number 1998-0678-AIR-E; Account Number 93-1908-V; Enforcement ID Number 12620 on March 15, 1999, assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512),239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BOBBY LANHAM DBA AMERICAN MARBLE, Docket Number 1998-1065-AIR-E; Account Number TA-3696-V; Enforcement ID Number 12900 on March 15, 1999 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512),239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE PAKS CORPORATION, Docket Number 1998-0896-AIR-E; Account Number KG-0003-S; Enforcement ID Number 10983 on March 15, 1999 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512),239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RICK GACONETT DBA TRIPLE TTT SANDBLASTING, Docket Number 1998-1267-AIR-E; Account Number PC-0231-I; Enforcement ID Number 11753 on March 15, 1999, assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512),239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF ALVARADO, Docket Number 1997-0912-MWD-E; Permit Number 10567-001; Enforcement ID Number 8210 on March 15, 1999, assessing $13,520 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512),239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF MINERAL WELLS, Docket Number 1998-0123-MWD-E; Permit Number 10585-003; Enforcement ID Number 8235 on March 15, 1999, assessing $9,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NORTH FOREST MUNICIPAL UTILITY DISTRICT, Docket Number 1998-0866-MWD-E; Permit Number 10905-01; Enforcement ID Number 8913 on March 15, 1999, assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BENNIE MELTON, Docket Number 1997-0720-OSI-E; No OSSF Installer Certificate of Registration; Enforcement ID Number 11986 on March 15, 1999 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JUAN ANTONIO RODRIGUEZ, Docket Number 1997-0470-OSI-E; No OSSF Installer Certificate of Registration; Enforcement ID Number 11987 on March 15, 1999 assessing $1,250 in administrative penalties with $250 deferred.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JAMES HIGGINS & JOHN HIGGINS DBA BULLDOG ENVIRONMENTAL, Docket Number 1998-0149-MSW-E; Permit Number 12130 on March 15, 1999 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or Craig Fleming, Enforcement Coordinator at (409)898-3838, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9901882

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans and Underground Injection Control Permits

Attached are Notices of Applications issued during the period of January 28, 1998 thru March 29, 1998.

The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 45 days (unless otherwise noted) after newspaper publication of the notice.

To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing.

Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, type of application (new permit, amendment, renewal) and permit number.

Pilgrim's Pride Corp., P.O. Box 93, Pittsburg, TX 75686-0093 has applied for six underground Injection Control (UIC) permits; WDW-352, WDW-353, WDW-354, WDW-355, WDW-356, and WDW-357. The permits will authorize disposal of non-hazardous wastes generated at the permittee's proposed Walker Creek facility from cleaning and processing of broilers for the production of various poultry products as well as rendering of by-products and further processing for production of poultry meal, feather meal, blood meal, and oil for use in the production of pet foods and poultry feed. The wells are in Camp County, 4 miles north of Pittsburg, east of Highway 271 and 43 miles north of Longview (30 days from date of newpaper publication).

Everest Exploration, P.O. Box 500, Hobson, TX 78117-0500 has applied for renewal of an Underground Injection Control (UIC) Well, Permit Number WDW-168. The applicant currently operates an in-situ uranium mine. Wastes generated on-site are non-hazardous. The injected wastes include: barren solution bleed, restoration waste stream, process waste streams, and tailings or wastes produced by or resulting from the extraction or concentration of uranium, other associated wastes such as ground water and rainfall contaminated by the above authorized wastes, spills of the above authorized wastes, and wash waters and solutions used in cleaning and servicing the waste disposal well system equipment which are compatible with the permitted waste streams, reservoir and well materials. The applications and related draft permits include changes in the depth specifications for injection, the injection pressure and the character of the injected non-hazardous wastes. The well is located in Karnes County, approximately 45 miles SE of San Antonio and .5 miles SW of Hobson off of FM 81 (30 days from date of newpaper publication).

Rohm and Haas Texas Inc., 6600 Hwy. 225, Deer Park, Harris County, Texas 77536, a chemical manufacturing facility, has applied for a major amendment to Compliance Plan CP-50101 which would incorporate performance-based objectives for the corrective action and ground-water monitoring programs, obtain authorization for Alternate Concentration Limits (ACLs) for ammonia and sulfate, and change the amount of financial assurance required. The facility is in Harris County approximately 15 miles SW of Houston, Texas on SH134 and Tidal road.

Texas Electric Cooperatives, Inc., has applied for a hazardous waste permit (Proposed Permit Number HW-50345) and compliance plan (Proposed Compliance Plan Number CP-50345). The permit would authorize post-closure care for nine surface impoundment areas closed as three landfills. The compliance plan would require the permittee to monitor the concentrations of hazardous constituents in groundwater and remediate ground-water to specific standards. The sites are located 0.6 miles south of State Highway 63 on Bevil Loop Road, on approximately 53 acres near the City of Jasper, Jasper County, Texas.

TRD-9901883

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


Notices of Applications for Municipal Solid Waste Management Facility Permit

For The Period of January 22, 1999 to January 29, 1999

BFI Waste Systems of North America, Inc., 7000 I.H. 10 East, San Antonio, Texas, 78219 has applied to amend existing Permit Number 1410-B (Proposed Permit Number MSW 1410-C) to expand the 265 acre permitted facility horizontally by adding approximately 664 contiguous acres, and to increase the maximum permitted elevation of the landfill by approximately 49 feet. The present permit boundary consists of approximately 265 acres of land which is located in east San Antonio and Bexar County just south of Interstate Highway 10 and just west of Farm to Market Road 1516. The total permitted area described in the amendment application, including both the existing permitted property and the proposed expansion area, is 928.775 acres. Of this, approximately 709 acres will be designated for placement of waste. The maximum proposed elevation of the top of the landfill when completed will be approximately 805 feet mean sea level (MSL). The landfill is estimated to receive approximately 2,800 tons of solid waste per day. The permit amendment includes authorization for the receipt of Class 1 non-hazardous industrial waste at the landfill if disposal is conducted in accordance with the applicable TNRCC rules. If granted, the applicant would be authorized to dispose of: (1) municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, and construction or demolition projects; (2) Class 1, 2 and 3 industrial solid waste; and (3) special wastes that are properly identified. The facility would be authorized to operate from 5:00 AM to 6:00 PM, Monday through Friday, and from 7:00 AM to 3:00 PM on Saturday.

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

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-9901885

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


For The Period of February 25, 1999 to March 26, 1999

The City of Big Lake, P.O. Box 310, Big Lake, Texas, 76932-0310, has applied to amend existing Permit Number MSW 86 (Proposed Permit Number MSW 86-B) to authorize a lateral expansion to an existing Type I-AE municipal solid waste management facility. The amendment will increase the acreage from the currently permitted 22.95 acres to 128.50 acres. The new landfill waste disposal footprint will be 95.8 acres. The total disposal capacity of the new addition is approximately 1,210,000 in-place cubic yards. No waste will be placed above natural grade. If granted, the applicant would be authorized to dispose of: (1) municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, and construction or demolition projects; (2) Class II and III industrial solid waste; and (3) special wastes that are properly identified. The facility would be authorized to operate from 7:00 a.m. to 7:00 p.m., Monday through Saturday.

The City of Kingsville, P.O. Box 1458, Kingsville, Texas, 78364-1458, has applied to amend existing Permit Number MSW 235-A (Proposed Permit Number MSW 235-B) to authorize a lateral and vertical expansion to an existing Type I municipal solid waste management facility. The amendment will increase the acreage from the currently permitted 35.00 acres to 120.00 acres, and it will increase the height from 95.00 feet to 125.00 feet. The new disposal capacity is approximately 4,993,000 in-place cubic yards. If granted, the applicant would be authorized to dispose of: (1) municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, and construction or demolition projects and (2) special wastes that are properly identified. The facility would be authorized to operate from 7:00 a.m. to 7:00 p.m., Monday through Saturday.

The City of Littlefield, P.O. Box 1267, Littlefield, Texas, 79339. has applied for a permit Proposed Permit Number MSW-2274 to authorize a new Type I-AE municipal solid waste landfill facility. The proposed site covers approximately 69.036 acres and is estimated to initially receive 20 tons of waste per day. If granted, the applicant would be authorized to dispose of: municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, construction or demolition projects, and special waste that are properly identified. The facility would be authorized to operate from 7:00 a.m. to 7:00 p.m. Monday thru Sunday.

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

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-9901884

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


Notice of Public Hearing (Chapters 39, 281, and 305)

Notice is hereby given that under the requirements of Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapters 39, 281, and 305, concerning Texas Pollutant Discharge Elimination System (TPDES) Minor Amendments.

The commission proposes to amend and clarify existing notice provisions and other requirements for certain new TPDES permits. The rules would also amend the minor amendment provisions to create three levels of amendments for TPDES permits and would amend the notice provisions relating to those minor amendments.

A public hearing on the proposal will be held May 6, 1999, at 10:00 a.m. in Room 5108 of Texas Natural Resource Conservation Commission Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 10, 1999, and should reference Rule Log Number 99003-039-WT. For further information, please contact Emily W. Rogers, Environmental Law Division, (512) 239-0649.

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

TRD-9901820

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 26, 1999


Notice of Public Hearing (Chapter 113)

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 113, concerning National Emission Standards for Hazardous Air Pollutants for Source Categories.

The commission proposes to incorporate by reference changes that the United States Environmental Protection Agency has made to certain Maximum Achievable Control Technology (MACT) standards that the commission has previously adopted and would incorporate by reference 12 new federal MACT standards for the control of hazardous air pollutant emissions from specific source categories. MACT standards are found in 40 Code of Federal Regulations Part 63.

A public hearing on the proposal will be held May 5, 1999, at 10:00 a.m. in Room 5108 of Texas Natural Resource Conservation Commission Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 10, 1999, and should reference Rule Log Number 99002-113-AI. For further information, please contact Ann Hammer, (512) 239-6255.

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

TRD-9901826

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 29, 1999


Notice of Public Hearing (Chapter 312)

Notice is hereby given that the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning the rule review of 30 TAC Chapter 312, concerning Sludge Use, Disposal, and Transportation.

The commission is reviewing Chapter 312 to comply with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. Section 167 requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The review must include, at a minimum, an assessment that the reason for the rules continues to exist. The commission has reviewed Chapter 312 and determined that the reason for its adoption continues to exist.

After the conclusion of the review of Chapter 312, the commission will propose amendments to the rules to facilitate the implementation of the Texas Pollutant Discharge Elimination System (TPDES) program. These modifications will provide for consistency with the federal Clean Water Act, as amended, and other applicable federal regulations, and will provide for consistency with the United States Environmental Protection Agency Region 6 National Pollution Discharge Elimination System General Permit for Final Reuse and Disposal of Sewage Sludge. As part of this proposed rulemaking, the commission will be exploring potential revisions related to compliance verification, regulatory flexibility, and procedural processing, notice, compliance history, groundwater problems, the definition of beneficial use, experimental land application approvals, and registration issuance by the commission's regional offices. The commission also asks for comments on these potential revision topics. Any changes identified in comments on this rules review or on the topics suggested for revision that are accepted by the commission can be incorporated into these proposed rule amendments.

A public hearing on the rules review and on the topics suggested for revision in Chapter 312 will be held in the TNRCC Office Complex on May 18, 1999, at 2:00 p.m., in Building F, Room 5108, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, a staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments on the commission's review of the rules or on the topics suggested for revision in Chapter 312 may be submitted to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 24, 1999, and should reference Rule Log Number 99004-312-WT. For further information, please contact Maria M. Rodriguez, Sludge and Transporter Review Team, (512) 239-1760.

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

TRD-9901825

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 29, 1999


Notice of Public Hearing (Collin County Lead SIP)

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code,§382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony regarding revisions to the SIP concerning the 1999 Collin County Redesignation and Maintenance Plan for Lead.

On November 6, 1991, EPA published the notice of nonattainment designation in the Federal Register , page 56694, for the portion of Collin County which essentially encompasses the plant boundaries of the Gould National Battery, Incorporated (GNB, now GNB Technologies, Inc.) facility. The effective date of the nonattainment designation was January 6, 1992. Under the federal guidelines, the then Texas Air Control Board (TACB) responded by submitting a site-specific SIP to EPA on June 18, 1993. under the Federal Clean Air Act (FCAA), the Collin County nonattainment area was required to attain the National Ambient Air Quality Standards (NAAQS) by January 6, 1997.

Highlights of the 1993 SIP revision include an air quality analysis current through the fourth quarter of 1992, a 1992 emissions inventory, dispersion modeling which demonstrated NAAQS attainment for the area, Board Order Number 92-09(k), contingency measures in Board Order Number 93-12, and new source review provisions for lead sources.

Since the adoption of the 1993 SIP revision and the implementation of the requirements established in the agreed orders, the ambient monitors have consistently recorded levels well below the lead NAAQS, which is a quarterly arithmetic average of 1.5 micrograms per cubic meter (µ g/m 3 ). Before an area can be redesignated to attainment there must be a minimum of eight quarters of quality-assured ambient air monitoring data with no exceedances. For the monitoring periods of 1995, 1996, 1997, and 1998, there are 14 quarters of monitored data without an exceedance. Therefore, the TNRCC is proposing a revision to the SIP for the Control of Lead Air Pollution.

The proposed revision would provide for the redesignation to attainment of that portion of Collin County currently designated as nonattainment for the lead NAAQS. The proposed revision also provides a maintenance plan for the area to ensure continued compliance with the lead NAAQS. The proposed revision establishes an attainment emissions inventory and provides maintenance demonstrations through ambient air monitoring combined with GNB's existing state new source review permit and compliance with the federal Lead Maximum Achievable Control Technology requirements. As part of the maintenance plan, the proposed revision establishes a new contingency plan through an agreed order and replaces Agreed Orders 92-09(k). Further, the proposed revision establishes contingency indicators based on monitored lead levels and GNB's annual emissions inventory submission and sets trigger levels for each of the indicators. The proposed revision also provides for a commitment by the TNRCC to keep the existing monitoring network in place until the end of the maintenance period and a request that the EPA approve the maintenance plan and redesignate Collin County to attainment for the lead NAAQS.

A public hearing on the proposal will be held in Frisco on May 4, 1999, at 7:00 p.m., at the Frisco High School Lecture Hall, 6927 Coon Lane, Frisco. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments should be submitted to Lisa Martin, TNRCC Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., May 10, 1999, and should reference Rule Log Number 98023- SIP-AI. For further information on the proposed revisions, please contact John Gillen, Office of Environmental Policy, Analysis, and Assessment, (512) 239-1415. Copies of the proposed SIP can be obtained via the commission's Web Site at www.tnrcc.state.tx.us/oprd/rules/propadop.html , or by calling Lisa Martin at (512) 239-1966.

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

TRD-9901827

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 29, 1999


Notice of Water Quality and Concentrated Animal Feeding Operation Applications

The following notices were issued between March 17 & March 24, 1999.

Written public comments and requests for public meetings may be submitted to the Office of the Chief Clerk, at the address provided in the information section below, WITHIN 30 DAYS OF THE PUBLICATION DATE OF THE NOTICE. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of these notices.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be adversely affected by the granting of the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustments to the application or permit which would satisfy your concerns.

Written hearing requests, public comments or requests for public meetings should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For additional information, please contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Listed are the names of the applicants, the type of application (new permit, amendment, or renewal), the permit number and whether it is a CAFO and/or a TPDES Permit, the type of facility, and the location of the facility.

THE GREIF BROS. CORPORATION, P.O. Box 907, La Porte, Texas 77571; The plant site is located at 10700 Strang Road in the City of La Porte in Harris County, Texas; Renewal of Permit Number 13949-001.

JEFFERSON COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NUMBER 10, 3707 Central Boulevard, Nederland, Texas 77627-3225; The plant site is located to the northwest of Nederland in the area bounded by Spurlock Road, U.S. Highway 69/96/287 and State Highway 347, and is on the northwest side of Rhodair Gully, approximately 3,500 feet upstream from the point where Rhodair Gully passes beneath U.S. Highway 69/96/287 in Jefferson County, Texas; Major amendment to Permit Number 10838-003.

HAROLD ALEXANDER CLARK, 9039 Katy Freeway, Suite 230, Houston, Texas 77024; The plant site is located approximately 1,000 feet east of the intersection of Atascocita Road and Old Humble Road in Harris County, Texas; Major amendment to Permit Number 11161-001.

CITY OF GROESBECK, P.O. Box 227, Groesbeck, Texas 76642; The plant site is located on the Navasota River approximately 1 mile below Lake Springfield, approximately 2 miles north of Groesbeck on State Highway 14 and 0.75 mile east along a public road in Limestone County, Texas; New TPDES Permit Number 10182-002.

FRONTIER FERTILIZER & CHEMICAL CO., L.L.C., Route 5, Box 185, Lubbock, Texas 79407; The facility and disposal area are located at the southeast corner of the intersection of Texas Highway 114 and Farm-to-Market Road 2378 which is two miles west of Reese Air Force Base and adjacent to the south edge of the West Texas and Lubbock Railroad, Lubbock County, Texas; Renewal of Permit Number 02405.

MOBIL CHEMICAL COMPANY INC., P.O. Box 3868, Beaumont, Texas 77704; The plant site is located at a site immediately north of Smith Island and south of the Neches River, bounded on the south and east by a modified oxbow and on the northwest by a refinery tank farm, east of the City of Beaumont, Jefferson County, Texas; Major amendment with renewal to TNRCC Permit Number 00462.

ROBERT A. JANSEN, 2275 FM 107, Gatesville, Texas 76528; The dairy facility is located on an unpaved county road one half mile east of the intersection of the county road and .S. Highway 281 approximately 3.75 miles north of Evant in Hamilton County, Texas; New CAFO Permit Number 04017.

JOE HUEREQUE, P.O. Box 1089, Clint, Texas 79836; The existing facility is located on the southeast side of Farm-to-Market Road 1110 approximately one mile northeast of the intersection of Farm-to-Market Road 1110 and State Highway 76 in El Paso County, Texas; New TPDES CAFO Permit 03576 to replace State Permit 03576.

MICHAEL QUINT WAGGONER, HCR 1, Box 47, Dimmitt, Texas 79027; The proposed facility is located on the north side of Castro County Road 628 approximately 3.5 miles east of the intersection of County Road 628 and U.S. Highway 385, this intersection being approximately 13 miles south of the City of Dimmitt in Castro County, Texas; New TPDES CAFO Permit Number 04046.

BORDERLAND FEEDERS, LTD., P.O. Box 980; The existing facility is located approximately 2.75 miles southeast of Clint, on the northeast side of TX Hwy. 76 two miles from its intersection with Farm-to-Market (FM) 1110, in El Paso County, Texas; New TPDES CAFO Permit Number 04037.

MICHAEL STEWARD, 200 Shoshone, Comanche, Texas 76442; The existing dairy is located on the south side of County Road 252 approximately 4 miles southwest of the intersection of Farm-to-Market Road 2466 and Farm-to-Market Road 1476 in Comanche County, Texas; Renewal of CAFO Permit Number 03579.

TRD-9901887

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


Notice of Water Quality Applications

The following notices were issued March 22, 1999.

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section below, WITHIN 30 DAYS OF THE ISSUE DATE OF THE NOTICE. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

Written comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. For additional information, please contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Listed are the names of the applicants, the type of application (new permit, amendment, or renewal), the permit number, the type of facility, and the location of the facility.

WALNUT COVE WATER SUPPLY CORPORATION, P.O. BOX 187, WILLIS, TEXAS 77378; The plant site is located 200 feet east of Lake Conroe on Weir Creek, approximately 2 miles west of Interstate Highway 45 and 1.5 miles north of Farm-to-Market Road 1097 in Montgomery County, Texas; Renewal of Permit Number 12416-001.

DOMCO INC. FLOOR PRODUCTS (TEXAS), P.O. Box 3145, Houston, Texas 77253-3145; The plant site is located at 1705 North Oliver Street in the City of Houston, Harris County, Texas; Major amendment to TNRCC Permit Number 00785.

TRD-9901888

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


Provisionally-Issued Temporary Permits to Appropriate State Water

Listed below are permits issued March 19-25, 1999.

Temporary Permit Number TP-8074 by Capital Excavation Company for diversion of 4 acre-feet in a 1 year period for industrial (highway construction) use. Water may be diverted from near a point where San Gabriel River crosses SH 95 approximately 16 miles east of Georgetown and 7 miles north of Taylor in Williamson County, Texas.

Temporary Permit Number TP-8075 by Albert W. Green for diversion of 2 acre-feet in a 1 year period for irrigation (pecan orchard) use. Water may be diverted from an unnamed tributary of the San Marcos River, Guadalupe River Basin, approximately 21 miles northeast of Seguin, Guadalupe County, Texas, property is owned by the applicant and is near the crossing of FM 1979 and the San Marcos River.

Temporary Permit Number TP-8076 by Collins & Ware, Inc. for diversion of 10 acre-feet in a 1 year period for mining (oil and gas well drilling) use. Water may be diverted from 3 different points on San Fernando Creek in a 5 mile reach between the Nueces- Jim Wells County Line and State Highway 70, 30 miles SW of Corpus Christi and 10 miles NW of Bishop in Nueces County, Texas.

Temporary Permit Number TP-8078 by Enron Oil & Gas Co. for diversion of 10 acre-feet in a 1 year period for mining (water well drilling) use. Water may be diverted from a point approximately 1 mile downstream from NW corner of Val Verde County on Pecos River located approximately 75 miles NW of Del Rio and 10 miles NW of Pandale in Val Verde County, Texas.

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

TRD-9901881

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 30, 1999


Texas State Board of Examiners of Psychologists

Corrections of Error

The Texas State Board of Examiners of Psychologists proposed an amendment to 22 TAC §461.31. The rule appeared in the March 12, 1999 issue of the Texas Register (24 TexReg 1726).

Due to error by the Texas State Board of Examiners of Psychologists, on page 1726, §461.31(a) and (b), the symbol before the number 19 should be the section sign.


The Texas State Board of Examiners of Psychologists proposed new 22 TAC §§462.1-462.14. The rules appeared in the March 12, 1999, issue of the Texas Register (24 TexReg 1727).

Due to error by the Texas State Board of Examiners of Psychologists, on page 1727, §462.2(a)(1), the symbol after the number 8 should actually be the number 1/2 so that it would read “8-1/2 inches by 11 inches”.


Texas Department of Public Safety

Request for Offer

The Texas Department of Public Safety (DPS) announces the issuance of a Request For Offer (RFO) for consultant services to aid the agency in its business process reengineering initiative. The initiative will be a three-phase project. This RFO covers Phase One. In Phase One the successful consultant will:

- Identify the core business processes of DPS.

- Provide recommendations concerning the DPS processes that would benefit most from reengineering.

- Provide an assessment of the cost and time required for outside consultant assistance in Phase Two (the reengineering design of the selected business processes).

- Provide written status reports concerning project deliverables at weekly meetings with the DPS Business Process Reengineering Analysis/Design Team.

If you would like to receive the complete RFO, you may request by facsimile or U.S. Mail. Also, the RFO is available in electronic format beginning April 9, 1999, from the Electronic State Business Daily, which may be accessed via the Internet at http://www.marketplace.state.us. The RFO number is 405-9-TR100.

All offers must be received no later than 5:00 P.M., May 10, 1999.

Prospective vendors may submit questions by telephone, facsimile, electronic mail, or U.S. Mail. All such questions must be received no later than April 23, 1999, by Vic Miiller, Department of Public Safety Purchasing Office.

Telephone: 512/424-2064

Facisimile: 512/424-2546

Electronic mail: Vic.Miiller@txdps.state.us

Address: Texas Department of Public Safety

Accounting and Budget Control - Purchasing

Attention: Vic Miiller

Supervisor, Procurement Services

Box 4087

Austin, TX 78773

A DPS selection committee will evaluate vendor responses. The committee will negotiate tasking, deliverables, schedule, and costs with the top rated respondents. The vendor will be selected based upon responses to the proposal as well as the vendor's experience with reengineering efforts. DPS may make additional requests to prospective vendors for clarification of offer or for additional information.

DPS shall employ the following evaluation criteria in making a selection: demonstrated competence, qualifications, proposed strategy/approach, methodology, and tools, innovative and cost saving ideas or creative initiatives in response to this RFO, quality of proposal.

TRD-9901810

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: March 26, 1999


Public Utility Commission of Texas

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

Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 23, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Southwestern Bell Telephone Company Notification to Add Contract Pricing for Disaster Routing, AreaWide Networking, and Positive ID Services Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20656.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is adding tariff provisions to allow as an option, customer specific contract pricing for Disaster Routing, AreaWide Networking, and Positive ID services. SWBT requests an effective date on or before April 23,1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 20, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901822

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 1999


Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 25, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Southwestern Bell Telephone Company Notification to Add Call Transfer Disconnect Feature to the BizSaver Selection List, Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20668.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is including an existing discretionary service, Call Transfer Disconnect, as one of the selections for a BizSaver service package. SWBT requests an effective date no later than April 20, 1999. BizSaver is a grouping of Call Management Services that offers a monthly discount as a part of the customers monthly billing for business customers who subscribe to a predefined group of services.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 16, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901903

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


Notice is given to the public of an application filed with the Public Utility Commission of Texas on March 25, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs) .

Tariff Title and Number: Southwestern Bell Telephone Company Notification to Reduce Rates Associated With Bill Plus Service Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20669.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is eliminating the $150.00 non-recurring charge for customers that initiate Bill Plus services. Additionally, SWBT will waive the $8.00 recurring charge for customers who agree to forego a paper bill detail. Bill Plus in an optional service that provides subscribers a copy of their monthly bill on a compact disk or diskette. This electronic billing media allows customers greater flexibility and control of their billing needs. SWBT has provided notification of this Bill Plus price reduction to the Local Service Providers. SWBT requests an effective date of May 15, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 30, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901904

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


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

On March 23, 1999, Ernest Communications, Inc. 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 60207. Applicant intends to amend its authority from resale-only to include facilities-based services.

The Application: Application of Ernest Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 20654.

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 PO Box 13326, Austin, Texas 78711-3326 no later than April 14, 1999. 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 20654.

TRD-9901775

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 1999


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 25, 1999, 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 Orbit Consultants, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20665 before the Public Utility Commission of Texas.

Applicant intends to provide resold basic local exchange and local exchange service, including but not limited to, custom calling services, extended area service, and any other services available on a resale basis from the underlying incumbent local exchange carrier or other certificated carrier within the service area.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 14, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9901870

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 29, 1999


Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 15, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Reliant Energy HL&P to Amend a Certificate of Convenience and Necessity to Construct a Proposed Transmission Line within Fort Bend County, Docket Number 20624 before the Public Utility Commission of Texas.

The Application: In Docket Number 20624, Reliant Energy HL&P (HL&P) requests approval to construct three line segments including: 1) 0.4 miles of 138-kV double-circuit, to be known as Circuits 2A and 5A SIENNA Tap to Hagerson Road; 2) 1.9 miles of 138-kV double- circuit, to be known as the Hagerson Road line; and 3) 0.4 miles of 138-kV double-circuit to be known as the SIENNA substation approach. The proposed project will include a new substation to be known as the SIENNA substation. The proposed project is located within Fort Bend County. The area in and around the cities of Missouri City, Stafford, and Sugar Land is experiencing significant electrical load growth consisting primarily of residential and commercial development. The capacity of the present electric distribution system will be exceeded in the year 2000. In order to continue reliable electric service, the proposed project is needed in the center of the area of developing land.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at PO 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-9901871

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 29, 1999


Notice of Fuel Reconciliation and Voluntary Base Rate Reduction

Notice is given to the public of the filing with the Public Utility Commission of Texas a petition to reconcile fuel costs and implement voluntary base rate reductions and refunds on March 22, 1999, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§36.001, 36.003, 36.051, 36.102, 36.109, and 36.203 (Vernon 1998).

Docket Style and Number: Application of El Paso Electric Company for Authority to Reconcile Fuel Costs. Docket Control Number 20450.

The Application: El Paso Electric Company seeks to (1) reconcile fuel and purchased power expenses for the period of July 1995, through December 1998, (2) incorporate certain reward amounts that have accrued since the company's last fuel reconciliation under the performance standards established for the Palo Verde Nuclear Generating Station, and (3) implement a voluntary base rate reduction of 8.79% for all customers receiving service under the company's residential service rate, and 3.18% for certain customers receiving service under the following rates: small commercial service, outdoor recreational lighting, municipal street lights, municipal pumping (rate 11), water heating, irrigation, general service, large power service, area lights, cotton gin service, city/county service, and cogeneration. The voluntary base rate reductions will total over $15.4 million annually. All of the company's Texas retail customers will be affected by the request to reconcile fuel costs, if granted.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than May 6, 1999, the Public Utility Commission of Texas, PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136.

TRD-9901872

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 29, 1999


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

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for a new PLEXAR-Custom service for Edinburg ISD in Edinburg, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company's Notice of Intent to File an Application for a New PLEXAR-Custom Service for Edinburg ISD in Edinburg, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20658.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for a new PLEXAR-Custom service for Edinburg ISD in Edinburg, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Edinburg exchange, and the geographic market for this specific PLEXAR-Custom service is the Brownsville 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-9901823

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 1999


Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for a new PLEXAR-Custom service for Birdville, ISD in Fort Worth, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company's Notice of Intent to File an Application for an Addition to the Existing PLEXAR-Custom Service for Birdville, ISD in Fort Worth, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20674.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for an addition to the existing PLEXAR-Custom service for Birdville, ISD in Fort Worth, Texas. PLEXAR-Custom service is a central office-based PBX-type serving arrangement designed to meet the specific needs of customers who have communication system requirements of 75 or more station lines. The designated exchange for this service is the Fort Worth exchange, and the geographic market for this specific PLEXAR-Custom service is the Dallas 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-9901912

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


Notice of Petition for Authority to Refund Fuel Cost Revenues

Notice is given to the public of the filing with the Public Utility Commission of Texas a petition for authority to refund over-collected fuel cost revenues on March 25, 1999, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §36.203 (Vernon 1998).

Docket Style and Number: Petition of Texas Utilities Electric Company for Authority to Refund an Over-Collection of Fuel Cost Revenues. Docket Control Number 20666.

The Application: Texas Utilities Electric Company requests authority to refund over- collected fuel cost revenues, pursuant to the Public Utility Regulatory Act §36.203. Texas Utilities Electric Company does not request a change in its fuel factors as a part of this proceeding.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than April 23, 1999, the Public Utility Commission of Texas, PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9901824

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 1999


Public Notices of Amendments to Interconnection Agreements

On March 25, 1999, Southwestern Bell Telephone Company and U S West Interprise America, Inc. d/b/a !nterprise America, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20670. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20670. 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 April 22, 1999, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20670.

TRD-9901908

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


On March 29, 1999, Southwestern Bell Telephone Company and Optel (Texas) Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20673. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20673. 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 April 22, 1999, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20673.

TRD-9901909

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


Public Notices of Interconnection Agreements

On March 22, 1999, Southwestern Bell Telephone Company and Hyperion Communications of Texas, L.P., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20650. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20650. 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 April 22, 1999, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20650.

TRD-9901905

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


On March 24, 1999, Southwestern Bell Telephone Company and ClearSource, Inc., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20663. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20663. 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 April 22, 1999, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20663.

TRD-9901906

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


On March 24, 1999, Southwestern Bell Telephone Company and Sandstream Communications and Entertainment, Inc., collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20664. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20664. 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 April 22, 1999, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20664.

TRD-9901907

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


On March 29, 1999, Advanced Communications Group, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20676. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20676. 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 April 22, 1999, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20676.

TRD-9901910

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


On March 29, 1999, Level 3 Communications, LLC and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001- 63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20677. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 20677. 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 April 22, 1999, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 20677.

TRD-9901911

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 30, 1999


Railroad Commission of Texas

Correction of Error

Due to error by the Texas Register, in the March 26, 1999, issue of the Texas Register (24 TexReg 2291), the withdrawn rule notice shows 16 TAC §7.4 to be the withdrawn rule. However, §7.4 was adopted by the Commission and published in the January 1, 1999, issue.

The correct rule which was withdrawn was §7.60.


Texas State Soil and Water Conservation Board

Notice of Availability, Request for Public Comment and Notice of Public Hearing

The Texas State Soil and Water Conservation Board (Board) announces the availability of a draft document, The State Brush Control Plan, for public review and comment. The plan is being developed and a public hearing will be held under authority of §§203.051-052 of the Agriculture Code of Texas. This section directs the Board to prepare and adopt a State Brush Control Plan and conduct a public hearing.

Written comments will be accepted for a period of 30 days from the date this notice is published. A revised draft of the document will then be produced taking these comments into consideration. A final brush control plan will be adopted by July 21, 1999.

The draft document is available by contacting Richard Egg at 254/773-2250. Comments on the document should be submitted to Mr. Egg, Texas State Soil and Water Conservation Board, P.O. Box 658, Temple, Texas 76503-0658. The deadline for comments is 5:00 p.m., Friday, May 14, 1999.

The Board will conduct a public hearing on May 19, 1999, at 1:30 p.m. in the State Board office building, Hearings Room at 311 North 5th Street, Temple, Texas, to receive comments from the public on the State Brush Control Plan.

Any person may appear and offer comments or statements either verbally or in wiring; however, questioning of commenters will be reserved exclusively to the Board or its staff as may be necessary to ensure a complete record. While any person with relative comments or statements will be granted an opportunity to present them during the course of the hearing, the Board reserves the right to restrict statements in terms of time or repetitive content. Persons wishing to appear and offer comments at the hearing are encouraged to notify the Board in writing by May 14, 1999.

Persons with disabilities who plan to attend this hearing and who may need auxiliary aids, services or special accommodations are requested to contact Victoria Gutierrez at 254/773-2250 at least two working days prior to the hearing.

TRD-9901828

Robert G. Buckley

Executive Director

Texas State Soil and Water Conservation Board

Filed: March 29, 1999


State Board of Examiners for Speech-Language Pathology and Audiology

Correction of Error

The State Board of Examiners for Speech-Language Pathology and Audiology submitted amendments to 22 TAC §§741.162-741.165. The rules appeared in the March 19, 1999, issue of the Texas Register (24 TexReg 2024).

Due to error by the Texas Register, on page 2026, Subchapter K, the sections adopted are published incorrectly as “22 TAC §§741.62-741.165” and should read “22 TAC §§741.162-741.165”.