TITLE in-addition

Texas Department of Agriculture

Notice of Public Hearing

The Texas Department of Agriculture (the department) will hold a public hearing to take public comment on proposed amendments to §§17.51, 17.56 and 17.60 of the department's promotional marketing regulations.

The proposed amendments concern the use of the department's promotional marketing logos, and the addition of the Go Texan promotional mark and Go Texan membership program. The proposal will be published in the April 2, 1999, issue of the Texas Register. The hearing will be held on Tuesday, April 27, 1999, beginning at 10:00 a.m. at the department's offices located at 1700 North Congress, Room 924A, Austin, Texas 78711.

For more information, please contact Brent Wiseman, Director for Horticulture Marketing, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, (512) 463-7472.

TRD-9902001

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: April 2, 1999


Office of The Attorney General

Notice of Request for Proposals

The Office of the Attorney General (OAG) hereby gives notice that it will shortly be issuing a Request for Proposals (RFP) for the development, implementation and operation of a State Disbursement Unit (SDU) for child support payments received and disbursed by the State of Texas (State) and Texas Counties (local registries). The OAG is soliciting responses to this RFP pursuant to Title IV, Part D, §454B (section) of the Social Security Act which creates a State Disbursement Unit (SDU). Any Contract resulting from this RFP, is contingent upon receipt by the OAG of written approval of the Contract from the United States of America Department of Health and Human Services.

Proposers shall be expected to efficiently and expeditiously process up to 16.5 million child support payments annually at full production volumes with a 15% annual growth rate in payments processed once full production volumes are reached. In addition, the successful vendor may be required to process other payments as designated by the OAG, including income withholding payments with orders established prior to January 1, 1994 (pre 1994). Processing of payments under orders prior to January 1, 1994, could increase volume by as much as 65%. The OAG cannot and does not guarantee that any successful vendor will be given any particular quantity of Child Support payments for processing.

The SDU shall utilize automated, computer driven technology to process payments and disbursements, including, at a minimum, Electronic Fund Transfer/Electronic Data Interchange (EFT/EDI) processing of incoming and outgoing payments.

The successful vendor shall gather required Non IV-D data from employers and each of Texas' 254 counties as necessary to process payments. The successful vendor shall establish communication channels with the local registries that shall facilitate the sharing of data and the processing of payments.

The specific services required include: receipt and processing of child support payments; problem resolution for specific types of payments; depositing funds received into a designated account; processing disbursement of child support payments, which includes creation of disbursement records for direct deposit and warrant generation, mailing of warrants, and possibly, the printing of warrants; responding to telephone inquiries related to payments; and maintaining the OAG employer file database.

The OAG cannot and does not guarantee the acquisition of any quantities. Total for the Contract will be determined by usage.

To request a copy of the RFP upon its release, send requests to: Ms. Anne Clement, Purchaser, Office of the Attorney General, 300 West 15th Street, 3rd Floor, Austin, Texas 78701 (delivery address), Post Office Box 12548, Austin, Texas 78711-2548 (mail address), or by facsimile (512) 397-1601. The request should include the name of the Requestor, the Address of the Requestor, the name of a contact person, and a telephone and facsimile number for that person. Requests for a copy of the RFP upon its release may be sent to the OAG beginning on the date that this notice is published in the Texas Register .

TRD-9902050

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: April 6, 1999


Texas Water Code and Texas Health and Safety Code Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and Texas Health and Safety Code. Before the State may settle a judicial enforcement action under these Codes, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of these Codes.

Case Title and Court: Parker County and Texas Natural Resource Conservation Commission and Texas Department of Health v. Vernelle P. Ingram a/k/a Pat Ingram d/b/a Windmill Mobile Home Park, Case Number 44410, in the District Court of Parker County, Texas

Nature of Defendant's Operations: Defendant operates a Mobile Home Park in Parker County that has been in violation of the Texas Health & Safety Code and the Water Code due to surfacing sewage. Remediation of the sewage violations is the subject of this litigation and proposed settlement.

Proposed Agreed Judgment: The judgment permanently enjoins Defendant to inspect the onsite waste water treatment facilities daily, to orally report any unauthorized surface discharge and its remediation response to the Parker County Health Department and the TNRCC, and to submit to Parker County and TNRCC Quarterly Reports summarizing her actions to comply with this injunction until her waste water treatment plant is operating in accordance with the terms of her TNRCC permit. Defendant shall pay $19,000.00 in civil penalties and $5,000.00 in attorney fees.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Leela R. Fireside, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas, 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-9902041

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: April 6, 1999


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of March 26, 1999, through April 1, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Petro-Guard Production, L.L.C.; Location: The project is located in State Tract (ST) 158, San Antonio Bay, and ST "G", Matagorda Island, Calhoun County, Texas; Project Number: 99-0120-F1; Description of Proposed Action: The applicant requests authorization to amend permit 15755 to add ST 158, San Antonio Bay, and ST "G", Matagorda Island to the permit area. The purpose of the project is for mineral development; Type of Application: U.S.A.C.E. permit application #15755(07) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Fina Oil and Chemical Company; Location: The project concerns a pipeline crossing of the Gulf Intracoastal Waterway, in the Laguna Madre, ST 169, near Flour Bluff, Kleberg County, Texas. The site can be located on the U.S.G.S. Pita Island, Texas Quadrangle; Project Number: 99-0121-F1; Description of Proposed Action: The applicant proposes to amend Permit 16888(02) to include abandonment in place of a 250-foot-long bundle of two, 2.5 inch pipelines. The rest of the pipeline bundle has been removed from the Laguna Madre. The section of the bundle under the GIWW is 12 to 14 feet below the mudline; Type of Application: U.S.A.C.E. permit application #16888(03) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Brazoria National Wildlife Refuge; Location: The project is located on the Brazoria National Wildlife Refuge (NWR), east of the intersection of CR 227 and FM 2004, approximately 12 miles east of Angleton, Brazoria County, Texas. The site can be located on the U.S.G.S. Hoskins Mound Quadrangle; Project Number: 99-0122-F1; Description of Proposed Action: The applicant proposes to place fill material into an abandoned irrigation ditch system composed of a primary ditch, 30-by 5,940 feet, and a lateral extension, 6-by 690 feet. Fill material would be obtained from the sides of the ditches, where materials were sidecast when the ditches were constructed, prior to 1963. Approximately 24,067 cubic yards of material would be placed into the system. Approximately 4.19 acres of these wetlands would be filled, all within the confines of the ditch system; Type of Application: U.S.A.C.E. permit application #21503 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: John Lang; Location: The project is located at 1300 North Crystal Beach Road, Crystal Beach, Galveston County, Texas; Project Number: 99-0123-F1; Description of Proposed Action: The applicant proposes to bulkhead and backfill an area on the northeast corner of his property to reclaim land lost to erosion. The new bulkhead will extend 100 feet perpendicular from the west property line to the east property line and then approximately 180 feet along and parallel to the east property line. Approximately 400 cubic yards of material consisting of removed riprap material and clean sand/shell soil will be placed below the mean high water line to fill a 2,900 square feet area behind the bulkhead; Type of Application: U.S.A.C.E. permit application #21595 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Armand Bayou Nature Center; Location: The project is located on Armand Bayou and Horsepen Bayou, in Harris County, Texas; Project Number: 99-0124-F1; Description of Proposed Action: The applicant proposes to restore between 2,550 and 5,350 linear feet (with an average width of 25 feet) of fringe marsh, and 675 square feet of submerged aquatic vegetation within the boundaries of the Armand Bayou Coastal Preserve. A maximum of 4,100 linear feet of fence will be required for the proposed project; Type of Application: U.S.A.C.E. permit application #21616 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: David Kneeland; Location: The project is located at 143 Selkirk Road, approximately 5 miles southwest of Wadsworth, Matagorda County, Texas. Project Number: 99-0125-F1; Description of Proposed Action: The applicant proposes to construct a pier and three attached boatlifts for different types of watercrafts on the Colorado River. The pier will be 4 feet wide by 42 feet long with two boatlifts located on the south side of the pier and one boatlift on the north side. On the south side of the pier, two four-foot-wide by 36-foot-long L-heads will be spaced to form a 14-by 40-foot boatlift. A 10-by-10 foot jet ski lift will be located on this side adjacent to the shoreward L-head. On the north side of the pier, a 14-by 32-foot boatlift will be constructed parallel to the pier. A 4-by 14-foot walkway will be located on the shoreward side of the boatlift and a 4-by 22-foot walkway on the north side of the boatlift. A 10-by 30-foot terminal L-head will be located at the end of the latter walkway. The total area covered by the project is 1,754 square feet. Water depths at the site range from 4 to 9 feet MHW; Type of Application: U.S.A.C.E. permit application #21617 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Department of Interior - Bureau of Reclamation; Project Number: 99-0132-F2; Description of Proposed Activity: The U.S. Bureau of Reclamation has received a request from the Lavaca-Navidad River Authority (LNRA) to transfer the Palmetto Bend Project to the LNRA. It includes Palmetto Bend Dam and associated facilities, Lake Texana, and about 7,000 acres of land. The project was authorized by and is currently administered in accordance with P.L. 90-562, a Federal statute.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is, or is not consistent with the Texas Coastal Management Program goals and policies, and whether the action should be referred to the Coastal Coordination Council for review. Further information for the applications listed above may be obtained from Ms. Janet Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us. Persons are encouraged to submit written comments as soon as possible within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at 512/475-0680.

TRD-9902052

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: April 7, 1999


Comptroller of Public Accounts

Certification of Crude Oil Prices

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined that the price of West Texas Intermediate crude oil as recorded on the New York Mercantile Exchange (NYMEX) is below $15.00 per barrel for the three-month period beginning on January 1, 1999, and ending March 31, 1999. Therefore, pursuant to the Tax Code, §202.060, crude oil produced during the month of April 1999 from a qualifying lease, as determined by the Railroad Commission of Texas, is exempt from the crude oil tax imposed by the Tax Code, Chapter 202.

Inquires should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P. O. Box 13528, Austin, Texas 78711-3528.

TRD-9902079

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Filed: April 7, 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 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003 and 1D.009, Vernon's Texas Civil Statutes).

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of April 12, 1999-April 18, 1999 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 April 12, 1999-April 18, 1999 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.

TRD-9902040

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 6, 1999


Office of Court Administration

Invitation for Offers of Consulting Services

The Office of Court Administration (OCA) and the Judicial Committee on Information Technology (JCIT) sponsored a study conducted by Dr. Sanda Erdelez and Dr. Philip Doty who each serve as an Assistant Professor at the Graduate School of Library and Information Science at the University of Texas. Professors Erdelez and Doty examined the information technology needs and abilities in Texas rural courts. The study took a holistic look at judges, attorneys, clerks, and others in two low-population, rural districts in Texas: District 31 and District 143. The study focused on the responsibilities and duties of judicial players in district, county, justice, and municipal courts. A copy of the September 1998 report entitled "Computing and Telecommunication Needs in Texas Rural Courts" generated from this study may be obtained at http:\\www.courts.state.tx.us\jcit\rcourt.htm.

The purpose of this project is to provide rural district courts in Texas the ability to access case documents remotely or while sitting on the bench over a secure Web-based environment. The 1998 study identified that electronic access to case documents, especially remotely, is a pressing need for district court personnel. As a result, the study recommended the development of a District Electronic Case Library (DECaL) that would rely on: 1) Internet networking; and 2) existing general application tools. At the heart of DECal are the use of Adobe Acrobat to create PDF documents; a database function to support searching; and a Web browser to support display of case documents remotely. DECaL will also be interoperable with evolving Web-based case management systems. A pilot project is needed that will test the concept of DECaL and provide the rural district courts and OCA with immediate and tangible benefits in electronic access to case documents. The project also demands training, user-informed redesign, and on-site interaction with the district court personnel responsible for digitizing case documents as well as those using those digital documents.

The chosen consultant will be responsible for the coordination and development of DECaL. In addition, the consultant will be responsible for developing a training manual on how to use DECaL in the court environment. All activities will be the subject of regular reports to the OCA executive management. All work products written or electronically developed as result of this contract will be the sole property of the OCA and the State of Texas. The entire project must be completed no later than August 31, 1999.

Pursuant to Section 2254.029(b), Government Code, unless a better proposal is received, it is the OCA's and JCIT's intent to award this contract to Dr. Sanda Erdelez and Dr. Phillip Doty, who previously provided services to the OCA and JCIT that resulted in the 1998 report entitled "Computing and Telecommunication Needs in Texas Rural Courts," in order to obtain maximum benefit of the prior work. The proposals will be evaluated upon prior experience, project resources, project time-line, and cost based upon a best value determination.

The requested consultant services will require a thorough understanding of electronic document management. The consultant selected must have knowledge of state and federal laws relating to electronic document management, expertise in information management and use of information technology, and experience working with the Texas judicial system.

The closing date for the receipt of offers of these consulting services is 5:00 p.m., May 17, 1999. All offers submitted must be sealed. Delivery must be by mail or hand-delivery (no faxes will be accepted) to the following address:

Office of Court Administration

Attn: Jerry Bonheyo (DECaL offer)

205 West 14th Street

Austin, Texas 78701

Further information may be obtained by contacting Douglas Rybacki, Acting Technology Director, Office of the Court Administration, 205 W. 14th Street, Suite 600, Austin Texas 78701, (512) 463-1625.

TRD-9902076

Douglas P. Rybacki

Administrative Director

Texas Office of Court Administration

Filed: April 7, 1999


Office of the Governor- Criminal Justice Division

Request for Correction of Applications to Develop and Implement a Regional Monitoring Program

The original Request for Applications to Develop and Implement a Regional Monitoring Program appeared in the April 9, 1999, issue of the Texas Register . Error occurred in the 13th paragraph entitled Budget Summary (10 points). The amount changed is from $1,250,000 to $1,500,000.

The paragraph should be published as follows below:

Budget Summary (10 points). Applications must be based on a budget of no more than $1,500,000 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 $1,500,000. 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.

TRD-9902037

James Hines

Assistant General Counsel

Office of the Governor-Criminal Justice Division

Filed: April 6, 1999


Texas Department of Health

Notice of Intent to Revoke Certificates of Registration

Pursuant to Texas Regulations for Control of Radiation , Part 13, (25 Texas Administrative Code §289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: M. N. Hattarki, M.D., Fort Worth, R14266; John N. Kirk, D.D.S., M.A., Houston, R15644; DND Imaging, Houston, R21342; Brush Country Chiropractic, Devine, R21947; Jeff Anderson, D.C., Cleveland, R22048; Kingsland Chiropractic Health Clinic, Kingsland, R22744; Video Fluoroscopy Houston, Inc., Humble, R23492; Amjad F. Najjar, M.D., Houston, R23669; Spectrum Medical Services, Dallas, Z01183.

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

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 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-9902070

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 7, 1999


Notice of Intent to Revoke Radioactive Material Licenses

Pursuant to Texas Regulations for Control of Radiation , Part 13, (25 Texas Administrative Code §289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: East Texas Medical Center Carthage, Carthage, L02540; Medical Service Laboratories, Houston, G01131.

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

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 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-9902071

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 7, 1999


Notice of Request for Proposals (RFP) for Texas Health Steps/Medicaid Client Outreach and Informing Services.

INTRODUCTION: The Texas Department of Health (department) requests proposals for Texas Health Steps/Medicaid client outreach and informing services and Texas Health Steps (THSteps) toll-free telephone services for state fiscal year 2000 in Public Health Regions 1, 2/3, 6/5 south, 7, 8 (Bexar and contiguous counties) and 9.

The THSteps, Medicaid Outreach and Informing services expand client awareness of existing THSteps/Medicaid health services and stimulate the use of preventive services so that young people in this population can receive medical and dental care before health problems become chronic and irreversible damage occurs. Proposals will be reviewed and awarded on a competitive basis.

PURPOSE: The purpose of this program is to provide THSteps/Medicaid clients with informing, outreach and support services. Activities which are integral to the provision of client service delivery functions are: client outreach and informing, including targeted outreach to special population groups, automated documentation; client support services assisting in information and referral for scheduling appointments and follow up screening; and toll-free telephone service in certain areas. The selected applicant will also be required to coordinate outreach and client support services with managed care providers within the service delivery area(s).

ELIGIBLE APPLICANTS: Eligible applicants are community-based groups, health departments, public and private agencies, not-for-profit organizations, boards, and other health related organizations. Medicaid managed care organizations (MCOs) and subsidiaries of Medicaid MCOs are NOT eligible for contract award.

AVAILABLE FUNDS: Program funds are provided by both federal and state sources. The amount of state funds allocated to the department is determined by the Texas Legislature. The estimated amount of funds for this RFP is $7,400,000 and is expected to be available for the period beginning September 1, 1999 through August 31, 2000.

SUBMISSION REQUIREMENTS: Proposal(s) prepared according to the instructions in the RFP package, must be received by Lee Johnson, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 on or before 5:00 p.m., Central Daylight Saving Time, May 19, 1999. No facsimiles or electronic formats will be accepted.

REVIEW and AWARD CRITERIA: Each application will be screened for minimum eligibility and completeness, as well as satisfactory fiscal and administrative history. Applications which are deemed ineligible or incomplete, or which arrive after the deadline, will not be considered.

For a COPY of the RFP: The RFP will be available for release on April 23, 1999. To request a copy of the RFP, contact Lee Johnson, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3179; telephone (512) 458-7111, extension 2982; facsimile (512) 458-7256.

TRD-9902053

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 7, 1999


Texas Department of Human Services

Availability of Funding for Targeted Assistance Funds for Services to Refugees in Dallas, Tarrant, and Harris Counties

The Texas Department of Human Services (TDHS) is pleased to announce the availability of funding for Targeted Assistance funds for services to refugees in Dallas, Tarrant, and Harris counties. The Code of Federal Regulations (CFR) 45, parts 400 and 401, give the State the authority to contract with public and private agencies for the provision of Targeted Assistance services. These grants are for service provision in localities with large refugee populations, high refugee concentrations, and high use of public assistance, and where specific needs exist for supplementation of currently available resources. The estimated amount of funds available for allocation is $1,815,637; with funds allocated to each area based on the number of refugee arrivals. The allocation amounts per service and per geographic area are listed in the Request for Proposal (RFP). TDHS is the single state agency responsible for the administration of Targeted Assistance funds.

Funds will be awarded on a competitive basis to public and private agencies which can demonstrate the greatest aptitude for effectively providing the requested services to the target population in response to the RFP. The target population consists of persons admitted to the United States as refugees under section 207 of the Immigration and Nationality Act (INA) or granted asylum under section 208 of the INA. Eligibility also includes Cubans and Haitians under section 501 of the Refugee Education Assistance Act of 1980 (P.L. 96-422); Kurdish asylees under 8 CFR 274.12(a)(5) and 8 CFR 272.12(c)(11); certain Amerasians from Vietnam who were admitted to the U.S. as immigrants under section 584 of the Foreign Operations, Export Financing and Related Appropriations Act of 1988. Eligible persons must possess original Immigration and Naturalization Services (INS) documents which verify admission status under one of the above laws. Services are restricted to persons who have lived in the United States for five years or less.

APPLICATION DEADLINE: Five copies of the proposal must be delivered, not faxed, to Caitriona Lyons, Refugee Program Coordinator, Texas Department of Human Services, Mail Code W-623, P.O. Box 149030, Austin, Texas 78714-9030. Proposals must be received no later than 5 p.m. CST on June 1,1999. Proposals received after this date/time, or faxed copies, will not be evaluated. A copy of the RFP will be sent upon written request to Caitriona Lyons at the address listed above.

TRD-9902030

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: April 5, 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 PROVIDENTMUTUAL LIFE AND ANNUITY COMPANY OF AMERICA to PROVFIRST AMERICA LIFE AND ANNUITY COMPANY, a foreign life company. The home office is in Newark, Delaware.

Application to change the name of PROVIDENT MUTUAL LIFE INSURANCE COMPANY to PROVFIRST AMERICA LIFE INSURANCE COMPANY, a foreign life company. The home office is in Berwyn, Pennsylvania.

Application to change the name of KEMPER REINSURANCE COMPANY to GE REINSURANCE CORPORATION, a foreign fire and casualty company. The home office is in Long Grove, Illinois.

Application for admission in Texas for OMNI INDEMNITY COMPANY, a foreign fire and casualty company. The home office is in Chicago, Illinois.

Application for admission in Texas for ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK, a foreign life company. The home office is in Farmingville, New York.

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-9902072

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 7, 1999


Texas Commission on Law Enforcement Officer Standards and Education

Public Notice of Texas Peace Officer's Memorial

The Texas Peace Officers' Memorial will be dedicated on May 10, 1999. The dedication ceremony is set for 12 noon till 1:00 p.m. on the south steps of the State Capitol.

Any person who has questions or comments concerning the Texas Peace Officers' Memorial, should contact the Commission at 6330 U.S. Highway 290 East, Suite 200, Austin, Texas 78723.

TRD-9902039

Edward T. Laine

Chief Professional Standards and Administrative Operations

Texas Commission on Law Enforcement Officer Standards and Education

Filed: April 6, 1999


Texas Natural Resource Conservation Commission

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

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes a Default Order when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code (the Code), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 16, 1999. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Orders is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 16, 1999. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing.

(1)COMPANY: Shikhani doing business as Afzal Aldine Food and Gas Mart; DOCKET NUMBER: 1998-0803-PST-E; TNRCC NUMBER: 0038239; LOCATION: 2002 Aldine Bender, Houston, Harris County, Texas; TYPE OF FACILITY: petroleum storage tanks retail facility; RULES VIOLATED: 30 TAC §115.244(1) by failing to conduct daily inspections for the Stage II vapor recovery system and Texas Health and Safety Code (THSC), §382.085(b); 30 TAC §115.245(2) and THSC, §382.085(b) by failing to provide the TNRCC a record of the results of the annual pressure decay testing conducted at the facility; 30 TAC §115.246(1) and THSC, §382.085(b) by failing to maintain a copy of the California Air Resources Board Executive Order for the Stage II vapor recovery system and any related components installed at the facility; 30 TAC §115.246(3) and THSC, §382.085(b) by failing to maintain a maintenance log for all repairs and/or replacements of Stage II vapor recovery equipment conducted at the facility; 30 TAC §115.248(1) and THSC, §382.085(b) by failing to ensure at least one facility representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system by successfully completing a training course approved by the TNRCC; PENALTY: $4,375; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486 (713) 767-3500.

(2)COMPANY: David E. Hall Company; DOCKET NUMBER: 1998-0683-AIR-E; TNRCC ID NUMBER: DB-4429-V; LOCATION: 2750 East Main, Dallas, Dallas County, Texas; TYPE OF FACILITY: abrasive blasting site; RULE VIOLATED: 30 TAC §116.110(a) by owning and operating an abrasive blasting site without permit authorization; PENALTY: $2,500; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Michael Strozdas, Best Landscape and Sprinkler Company also known as Eagle Landscape and Sprinkler Company; ENFORCEMENT ID Number: 12623; DOCKET NUMBER: 1997-0430-LII-E; TNRCC ID NUMBER: TNRCC Irrigator License Number LI0003437; LOCATION: 601 Balfour Drive, San Antonio, Bexar County, Texas; TYPE OF FACILITY: landscape irrigation operation; RULES VIOLATED: 30 TAC §344.308(f)(4) by failing to provide the direct burial wire splices' mechanical connectors with a container surrounded by a waterproof sealant landscape irrigation operation; 30 TAC §344.304 and §344.306 by failing to provide backflow prevention device; PENALTY: $1,810; STAFF ATTORNEY: Bill Jang, Litigation Division, MC 175, (512) 239-2269; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

TRD-9902075

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 7, 1999


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075. Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is May 16, l999. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 16, 1999. Written comments may also be sent by facsimile machine to the attorney at (512) 239- 3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Lattimore Materials Company; DOCKET NUMBER: 1998-0313-MWD-E; TNRCC ID NUMBER: 0000127; LOCATION: 1000 East University (U.S. Highway 380), McKinney, Collin County, Texas; TYPE OF FACILITY: ready-mix concrete plant; RULES VIOLATED: 30 TAC §321.155(b) and the Code, §26.121 by failing to prevent an unauthorized discharge of wastewater at an unauthorized location; 30 TAC §321.154(f)(1) by failing to properly provide the TNRCC with noncompliance notification for the referenced unauthorized discharged; 30 TAC §321.154(f) by failing to take all steps necessary to prevent and mitigate any adverse effects upon human health, safety, or the environment associated with the unauthorized discharge; and 30 TAC §321.156(b) by failing to submit self-reporting data as required; PENALTY: $10,125; STAFF ATTORNEY: Tracy L. Harrison, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: Mehdi Payesteh doing business as Quality Lube; DOCKET NUMBER: 1998-1147-AIR-E; TNRCC ID NUMBER: DB-4953-W; LOCATION: 10404 Garland Road, Garland, Dallas County, Texas; TYPE OF FACILITY: vehicle inspection station; RULES VIOLATED: 30 TAC §114.50(e)(1) and Texas Health and Safety Code (THSC), §382.085(b) by failing to perform all of the required emission tests prior to issuing a motor vehicle inspection certificate; PENALTY: $625; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Jack Morton; DOCKET NUMBER: 1998-0482-PST-E; TNRCC ID NUMBER: 0006823; LOCATION: 701 North Saint Mary, Carthage, Panola County, Texas; TYPE OF FACILITY: four underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.50(a)(1)(A) by failing to have a release detection method capable of detecting a release from any portion of the USTs' systems; 30 TAC §334.50(b)(2)(A)(ii) by failing to monitor piping in a manner designed to detect releases from any portion of the USTs piping system; 30 TAC §334.50(b)(2)(A)(i) by failing to equip each pressurized line with an automatic line leak detector; 30 TAC §334.50(d)(1) (B)(ii) by failing to conduct reconciliation of detailed inventory control records, at least monthly, to detect releases; 30 TAC §334.7(d)(1)(A) by failing to amend petroleum storage tank registration to identify the correct owner; 30 TAC §334.22(a) by failing to make payments on annual facility fees; PENALTY: $21,500; STAFF ATTORNEY: Kathy Keils, Litigation Division, MC 175, (512) 239-0678; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, MC R-5, (903) 535-5100.

(4)COMPANY: Newell Recycling of San Antonio, L.P.; DOCKET NUMBER: 1998-0235- MLM-E; LOCATION: Bexar County, San Antonio, Texas; TYPE OF FACILITY: scrap metal recycling plant; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b) by failing to obtain a permit before modifying the design of a grandfathered facility; 30 TAC §335.4 by allowing the collection, storage, handling, processing, or disposal of industrial solid waste in such a manner as to cause a discharge or the imminent threat of a discharge into or adjacent to water in the state, the creation and maintenance of a nuisance, or the endangerment of the public health and welfare; 30 TAC §111.155(1) by discharging industrial waste into or adjacent to water in the state and engaging in activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or will cause pollution of water in the state; and the Code, §26.121 and THSC, §382.085(b) by permitting emissions of particulate matter from a source operated at the plant that exceeded TNRCC net ground level concentration standards of 200 micrograms per cubic meter of air sampled, averaged over any three consecutive hours and 400 micrograms per cubic meter of air sampled, averaged over any one-hour period; PENALTY: $116,250; STAFF ATTORNEY: Cecily Small Gooch, Litigation Division, MC R-4, (817) 469-6750; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(5)COMPANY: Yogesh Gandhi doing business as The Party Keg; DOCKET NUMBER: 1998-0550-PST-E; TNRCC ID NUMBER: 0006788; LOCATION: 6101 Gulfway Drive, Groves, Jefferson County, Texas; TYPE OF FACILITY: petroleum retail facility; RULES VIOLATED: 30 TAC §115.242(3) and (4) by failing to maintain the Stage II vapor recovery system in proper working order and by failing to remove defective Stage II vapor recovery from service; 30 TAC §115.248 and THSC, §382.085(b) by failing to ensure that at least one facility representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system by successfully completing a training course approved by the TNRCC; 30 TAC §115.244(1) and (3) and THSC, §382.085(b) by failing to conduct daily inspections of Stage II vapor recovery equipment and failing to maintain inspection records, the California Air Resources Board Executive Order, and all other Stage II vapor recovery records at the facility for a period of two years; 30 TAC §115.244(1) and (2) and THSC, §382.085(b) by failing to properly test equipment within 30 days following installation and by failing to conduct the annual pressure decay testing; PENALTY: $16,250; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898- 3838.

(6)COMPANY: Vulcan Materials Company; DOCKET NUMBER: 1998-0976-IWD-E; TNRCC ID NUMBER: 03329; LOCATION: intersection approximately two miles southeast of the intersection of IH 20 and Farm-to-Market Road 570, southeast of Eastland, Eastland County, Texas; TYPE OF FACILITY: quarry producing crushed limestone and an asphalt plant; RULES VIOLATED: 30 TAC §319.7(d) and TNRCC Water Quality Permit Number 03329, by failing to submit monthly effluent reports each month by the 20th day of the following month for each discharge which is described in the permit whether or not a discharge is made for that month; PENALTY: $1,250; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, MC R-3, (915) 698-9674.

TRD-9902074

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 7, 1999


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Shutdown Orders. Texas Water Code (the Code), §26.3475 authorizes the TNRCC to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The TNRCC staff proposes a shutdown order after the owner or operator of a underground storage tank facility fails by to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. Pursuant to the Code, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 16, l999. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Shutdown Order if a comment discloses facts or consideration that indicate that the consent to the proposed Shutdown Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Shutdown Order is not required to be published if those changes are made in response to written comments.

Copies of each of the proposed Shutdown Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Shutdown Order should be sent to the attorney designated for the Shutdown Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 16, l999. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Shutdown Orders and/or the comment procedure at the listed phone numbers; however, comments on the Shutdown Orders should be submitted to the TNRCC in writing.

(1)FACILITY: Genico Distributors, Incorporated dba Aladdin Car Wash, Incorporated; OWNER: Village Car Wash Incorporated; DOCKET NUMBER: 1999-0178-PST-E; FACILITY I.D. NUMBER: 027362; LOCATION: 2205 Airport Freeway, Euless, Tarrant County; TYPE OF FACILITY: car wash with USTs; RULE VIOLATED: 30 TAC §334.49(a) by failing to install system of corrosion protection; PENALTY: shutdown order; STAFF ATTORNEY: Lisa Hernandez, Litigation Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)FACILITY: Braeswood Texaco; OWNER: Albert Abusalah; DOCKET NUMBER: 1997-0950-PST-E; FACILITY ID NUMBER: 0034569; LOCATION: 8521 Stella Link, Houston, Harris County; TYPE OF FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC §334.49(e) by failing to have tank integrity assessment for systems installed prior to December 22, 1998; 30 TAC §334.50(a)(1)(A) by failing to have a release detection method capable of detecting a release from any portion of the USTs system which contains regulated substances including the tanks, piping, and other ancillary equipment; 30 TAC §334.50(b)(1)(A) by failing to put automatic tank gauging system in test mode once per month; 30 TAC §334.50(b)(2) by failing to provide proper release detection for the piping associated with USTs systems; 30 TAC §334.50(b)(2)(A)(i)(III) by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC § 334.50(d)(1)(B)(ii) by failing to conduct reconciliation of detailed inventory control records at least once per month; 30 TAC §334.50(d)(1)(B)(iii)(I) by failing to record inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for USTs systems; PENALTY: shutdown order; STAFF ATTORNEY: Robin S. Houston, Litigation Division, MC-175, (512) 239-0682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3)FACILITY: Graham Food Market and Laundrymat; OWNER: New Jats Corporation; DOCKET NUMBER: 1999-0276-PST-E; TNRCC ID NUMBER: 43157; LOCATION: 1801 South Highway 16, Graham, Young County, Texas; TYPE OF FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) by failing to provide proper release detection for the USTs system at the facility; 30 TAC §334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for the USTs system at the facility; PENALTY: shutdown order; STAFF ATTORNEY: Bill Jang, Litigation Division, MC-175, (512) 239-2269; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4)FACILITY: W.W. Grocery; OWNER: Ali Peajani; DOCKET NUMBER: 1999-0327-PST-E; TNRCC ID NUMBER: 0030707; LOCATION: 300 North Main, Hutchins, Dallas County; TYPE OF FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) by failing to provide proper release detection for the pressurized piping associated with the UST systems; 30 TAC §334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for the underground storage tank systems; and 30 TAC §334.49(a) by failing to provide proper corrosion protection for the UST systems; PENALTY: shutdown order; STAFF ATTORNEY: Tracy Harrison, Litigation Division, MC-175, (512) 239-1736; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9902073

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 7, 1999


North Texas Workforce Development Board

Request for Proposals Child care Services Provider

North Texas Workforce Development Board is seeking proposals for the management and operation of its Child Care Delivery Services Program. The contracting period will begin September 1, 1999 through August 31, 2001, with a renewal option. Proposals will be accepted until 4:00 p.m., Friday, May 28, 1999 at 4309 Jacksboro Highway, Suite 106, Wichita Falls, Texas 76302.

To ensure that information relevant to this procurement is disseminated to all bidders through the RFP process a Bidders' Conference will be held Monday, April 26, 1999, 9:00 a.m., at the address above.

Request for Proposal packets may be obtained by written or faxed requests only, contact Barbara A. Young, North Texas WDB, address above, Fax (940) 322-2683. North Texas Workforce Development Board reserves the right to accept or reject any or all proposals.

Child Care Delivery Services are offered in accordance with Equal Employment Opportunity policies. Auxiliary aids and services are available upon request to individuals with disabilities. Program operation dependent upon availability of funds from the Texas Workforce Commission.

TRD-9902069

Mona Williams Statser

Executive Director

North Texas Workforce Development Board

Filed: April 7, 1999


Texas On-Site Wastewater Treatment Research Council (Texas Natural Resource Conservation Commission)

Correction of Error

The Texas On-Site Wastewater Treatment Research Council (Texas Natural Resource Conservation Commission) submitted review of Chapter 286, which appeared in the March 26, 1999, issue of the Texas Register (24 TexReg 2360).

Due to agency error:

On page 2360, the title of the council contained the word “Protection” in error. The correct title should be “Texas On-Site Wastewater Treatment Research Council”, instead of “Texas On-Site Wastewater Protection Treatment Research Council”.

On page 2360, second paragraph of the review, third sentence, the sentence should read “The review must include, at a minimum...,” instead of “The reviews must include, at a minimum....”


Public Utility Commission of Texas

Application 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 31, 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's Notification to Institute Promotional Rates for Customers in Texas, Who Subscribe to One or More of Several Different Discretionary Services Between May 1, 1999 and June 30, 1999, Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20687.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is instituting promotional rates for customers in Texas, who subscribe to one or more of several different discretionary services between May 1, 1999 and June 30, 1999. The discretionary services being promoted for residential customers are THE WORKS, Call Forwarding-Busy Line/Don't Answer, Customer Alerting Enablement, Caller ID - Name and Number, Call Waiting ID, and Call Waiting ID Options. The discretionary service being promoted for business customers is Caller ID - Name and Number. During the promotional period, customers newly subscribing to any of the aforementioned services will receive a waiver of the service's installation charge. In addition, customers newly subscribing to Caller ID - Name and Number, Call Waiting ID and Call Waiting ID Options services will also receive a credit equal to one month of the service's recurring rate. There are no retention requirements associated with this offer. SWBT requests an effective date of May 1, 1999.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by April 28, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902049

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 6, 1999


Notice of Application for Amendment to Certificate of Operating Authority

On March 31, 1999, Sugar Land Telephone Company filed an application with the Public Utility Commission of Texas (PUC) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50011. Applicant intends to transfer its certificate to a non- certificated entity, and to expand the geographic area to include all incumbent local exchange companies within the state of Texas other than the service area served by the Applicant under its Certificate of Convenience and Necessity.

The Application: Application of Sugar Land Telephone Company for an Amendment to its Certificate of Operating Authority, Docket Number 20685.

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 21, 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 20685.

TRD-9902034

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 1999


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

On April 1, 1999, Allegiance Telecom of Texas, 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 60143. Applicant intends to amend its SPCOA to reflect a pro forma reorganization of the Allegiance companies.

The Application: Application of Allegiance Telecom of Texas, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 20694.

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 21, 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 20694.

TRD-9902035

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 1999


Notices of Applications 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 30, 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 Voice 2, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20681 before the Public Utility Commission of Texas.

Applicant intends to provide both facilities-based and resold extended local telecommunications services, as well as resold long distance service.

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 21, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902032

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on March 30, 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 VarTec Telecom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20680 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange services to customers by reselling the facilities of other incumbent local exchange carriers. Services include, but are not limited to, dial tone, Caller ID, three-way calling, call waiting, call blocking, call screening, telephone line number calling cards, call return, busy line verification and emergency line interruption.

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 P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 21, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902033

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 1999


Notice of Motion for Good Cause Exception Requesting Modification to the Preliminary Integrated Resource Planning Requirements

Notice is given to the public of the filing with the Public Utility Commission of Texas on March 31, 1999, of a motion for good cause exception requesting modification to the preliminary integrated resource planning requirements, pursuant to §34.021 of the Public Utility Regulatory Act (PURA) and P.U.C. Substantive Rule §§25.161, 25.162, and 25.165. A summary of the motion follows.

Docket Title and Number: Texas-New Mexico Power Company's Motion for Good Cause Exception Requesting Modification to the Preliminary Integrated Resource Planning Requirements, Docket Number 20675, before the Public Utility Commission of Texas.

Applicant seeks commission approval of a good cause exception to the public participation requirements of P.U.C. Substantive Rule §25.162, to allow the adoption of other utilities' public participation results, in the form of Deliberative Poll TM results, in lieu of conducting their own public participation process. In the alternative, Applicant seeks an extension of the deadline for filing its Preliminary Integrated Resource Plan from August 1999 until December 1999.

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 21, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902031

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 1999


Texas A&M University System, Board of Regents

Consultant Contract Award Notification

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, The Texas A&M University System furnishes this notice of consultant contract award. The consultant will provide actuarial analyses and plan pricing for the System's health plans; and counsel regarding plan designs, funding financial arrangements, tax-related issues, legislative changes, and carrier negotiations and selections for all System insurance and benefit programs. Request for proposals was filed in the January 1, 1999, issue of the Texas Register .

The contract was awarded to The Segal Company, 7575 West Loop South, Suite 610, Bellaire, Texas 77401-3514 and 6300 South Syracuse Way, Suite 200, Englewood, Colorado 80111-6722, for $15,000 annually.

The beginning date of the contract is March 1, 1999 and the ending date is February 28, 2001.

The dates on which documents, films, recordings, or reports that the consultant is required to present to the agency are due: Initial Actuarial Analysis and Plan Pricing will be due by mid April of each year. Incurred but not reported claims calculation will be due in October of each year. Other services are provided on an as-needed basis.

For further information, please call (409) 845-9600.

TRD-9901957

Vickie Burt

Executive Secretary to the Board

Texas A&M University System, Board of Regents

Filed: April 1, 1999


Texas Department of Transportation

Public Notice

In accordance with 43 TAC §§11.200-11.205, the Texas Department of Transportation issues a call for proposed projects of the department's Statewide Transportation Enhancement Program.

Title 23, United States Code, §133(d)(2) and §160(e)(2), and §1015(d)(2) of the Transportation Equity Act for the 21st Century (Public Law 105-178) require that 10% of certain funds apportioned to a state pursuant to Title 23, United States Code, §104(b)(3) be used for transportation enhancement activities. The Texas Transportation Commission will use those funds in a statewide competitive program that enhances the surface transportation systems and facilities within the state for the benefit of the users of those systems. Transportation enhancement activities are defined in §101(a) of Title 23, United States Code as:

(1) provision of facilities for pedestrians and bicycles;

(2) provision of safety and educational activities for pedestrians and bicyclists;

(3) acquisition of scenic easements and scenic or historic sites;

(4) scenic or historic highway programs (including the provision of tourist and welcome center facilities);

(5) landscaping and other scenic beautification;

(6) historic preservation;

(7) rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals);

(8) preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails);

(9) control and removal of outdoor advertising;

(10) archaeological planning and research;

(11) environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity; and

(12) establishment of transportation museums.

To nominate a project, the eligible nominating entity must file its nomination, in the form prescribed by the department, with the district engineer of the district office responsible for the area in which the proposed enhancement project will be implemented. The address and telephone number of the district offices may be obtained by contacting the Design Division at (512) 416-3082. Nominations must be received by the department no later than 5:00 p.m., Monday, August 9, 1999.

Information regarding the program and nomination forms are available from the department's district offices or by writing the Design Division, Transportation Enhancement Program Office, 125 East 11th Street, Austin, Texas 78701-2483.

TRD-9902051

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 7, 1999