TITLE in-addition

Brazos Valley Council of Governments

Request for Proposals

The Brazos Valley Council of Governments (BVCOG) issues this Request for Proposal to furnish to the Council, housing management software for use in the management of U.S. Department of Housing and Urban Development, Section 8 Certificate/Voucher/Moderate Rehabilitation Tenant Based Rental Assistance Program. This software will be used to manage the administration of approximately 1800 certificates, vouchers and moderate rehabilitation units.

Information/submission packets may be obtained by request at: Brazos Valley Council of Governments, Robert Gresham, Director of Programs, P.O. Box 4128, 1706 East 29th Street, Bryan, Texas, 77805-4128. To be considered, proposals must be hand delivered on or before 5:00 PM, Friday, May 14, 1999 or postmarked before 12:00 Midnight on May 14, 1999.

Questions may be directed to Robert Gresham at (409) 775-4244.

TRD-9902316

Tom Wilkinson, Jr.

Executive Director

Brazos Valley Council of Governments

Filed: April 19, 1999


Brazos Valley Workforce Development Board

Request for Proposals

The Brazos Valley Workforce Development Board voted on and approved the Child Care Management Services Request for Proposal (RFP) on April 13, 1999; and through its agent, the Brazos Valley Council of Governments, is issuing a Request for Proposal for Child Care Management Services-Client Services and Operations, Vendor Management, Financial Management, CCT, and ECDR. This RFP was developed using a modular format, providing information that applies to all programs, as well as separate sections detailing specific module requirements. Bidders may respond to any Packet: A.) Client Services and Operations, Vendor Management, and Financial Management or B.) CCT and ECDR or C.) Client Services and Operations, Vendor Management, Financial Management, CCT and ECDR, but each packet must have a separate proposal for each module in the packet.

There will be an official Bidder's Conference to be held on April 30, 1999, at the Workforce Center of the Brazos Valley located in the Townshire Shopping Center at 1905 South Texas Avenue in Bryan. The conference will begin promptly at 9:00 a.m. We encourage every interested bidder to attend this conference, as we will have staff available to answer questions about the RFP and the procurement process. Please hold any questions regarding your proposal until the conference. It is recommended that both the person responsible for developing your proposal, and the person responsible for the operation of your program, be present at the meeting.

This RFP is available upon request from BVCOG, 1706 East 29th Street, Bryan, Texas, 77802, between the hours of 8:00 a.m. through 5:00 p.m., Monday through Friday or by downloading it off of the following web site: http://www.bvjobs.org.

Questions may be directed to Trisha Einkauf, at (409) 775-4244, extension 156. The deadline for response to this RFP is May 28, 1999 at 4:00 p.m. Please see instructions for submission found in the enclosed RFP.

The Board appreciates your interest in child care management services in our area, and looks forward to receiving your proposal.

TRD-9902202

Nick Gilley

Board Chair

Brazos Valley Workforce Development Board

Filed: April 15, 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 April 8, 1999, through April 14, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Friendswood Land Development Company ; Location: The project is located in wetlands adjacent to and south of Lake Houston, within the Kings River Village Subdivision, in Harris County, Texas; Project Number: 99-0149-F1; Description of Proposed Action: The applicant is requesting authorization to place fill material into approximately 1 acre of wetlands to facilitate the development of Section 9 of the Kings River Village Subdivision. As mitigation for the jurisdictional impacts, the applicant is proposing to create a total of 7 acres of wetland habitat, at two locations within a 74-acre tract that has been set aside for habitat resource management; Type of Application: U.S.A.C.E. permit application number 21622 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Sabine Pass Port Authority ; Location: The project is located on the Sabine-Neches Ship Channel, at 5960 South 1st Street, in Sabine Pass, Jefferson County, Texas; Project Number: 99-0150-F1; Description of Proposed Action: The applicant proposes to construct a marina for pleasure boats. The marina basin will be approximately 300 feet wide and 426 feet long. It will be excavated to a depth of approximately -8 feet mean low tide (MLT). The excavated material, approximately 38,000 cubic yards, will be hauled to off-site upland placement areas; Type of Application: U.S.A.C.E. permit application number 21645 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

COMMENTS:

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-9902353

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: April 21, 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 19, 1999-April 25, 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 19, 1999-April 25, 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-9902197

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commisssioner

Filed: April 14, 1999


Court of Criminal Appeals

Order Adopting the Uniform Format Manuel for the Texas Court Reporters

ORDER ADOPTING THE UNIFORM FORMAT MANUAL FOR THE TEXAS COURT REPORTERS AND AMENDING COURT OF CRIMINAL APPEALS ORDER DIRECTING THE FORM OF THE APPELLATE RECORD IN CRIMINAL CASES

Effective May 1, 1999

IT IS ORDERED THAT:

Section B of the Court of Criminal Appeals Order Directing the Form of the Appellate Record in Criminal Cases, Texas Rules of Appellate Procedure, Appendix, is amended to read as follows, effective May 1, 1999:

(1) The court reporter must prepare and file the reporter's record in accordance with Rules 34.6 and 35 and the Uniform Format Manual for Texas Court Reporters. Even if more than one notice of appeal or request for preparation of the record is filed, the reporter should prepare only one record in a case.

(2) In the event of a flagrant violation of this Order in the preparation of a reporter's record, on motion of a party or on the court's own initiative, the appellate court may require the court reporter, to amend the reporter's record or to prepare a new reporter's record in proper form--and provide it to any party who has previously made a copy of the original, defective reporter's record--at the reporter's expense. Failure of a reporter to comply with the requirements of the Uniform Format Manual for Texas Court Reporters is also subject to discipline by the Court Reporter's Certification Board.

BE IT FURTHER ORDERED that the Clerk of this Court shall file with the Secretary of the State of Texas, for and in behalf of this Court, a duplicate original copy of this Order and the Clerk shall cause the order to be published in the Texas Register and the Texas Bar Journal .

BE IT FURTHER ORDERED that this amendment becomes effective May 1, 1999 and remains in effect unless and until disapproved, modified or changed by the Legislature or unless and until supplemented or amended by this Court.

BE IT FURTHER ORDERED that this order shall be recorded in the Minutes of this Court, and that the original of this order signed by the members of this Court shall be preserved by the Clerk of this Court as permanent records of this Court.

SIGNED AND ENTERED IN DUPLICATE ORIGINALS this the 12th day of April, 1999.

Michael J. McCormick, Presiding Judge; Lawrence E. Meyers, Judge; Stephen W. Mansfield, Judge; Sharon F. Keller, Judge; Tom Price, Judge; Sue Holland, Judge; Paul Womack, Judge; Cheryl A. Johnson, Judge; Mike E. Keasler, Judge.

TRD-9902191

Troy Bennett

Clerk of the Court

Court of Criminal Appeals

Filed: April 14, 1999


Texas Credit Union Department

Applications for a Merger or Consolidation

Notice is given that the following applications have been filed with the Texas Credit Union Department and is under consideration:

An application was received from Houston Area Central Credit Union (Houston) seeking approval to merge with First Educators Credit Union (Houston) with the latter being the surviving credit union.

An application was received from Red Arrow-American Credit Union (San Antonio) seeking approval to merge with St Joseph's Credit Union (San Antonio) with the latter being the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas, 78752-1699.

TRD-9902366

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: April 21, 1999


Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Texas Credit Union Department and are under consideration:

An application was received from Texans Credit Union, Richardson, Texas, to expand its field of membership. The proposal would permit persons who work or reside in Sachse and Wylie, Texas, (excluding persons eligible for primary membership in any occupation or association-based credit union with a total membership of less than 20,000 members at the time membership is sought with Texans Credit Union, and having an office within the boundaries of Sachse and Wylie, Texas on July 1, 1999), to be eligible for membership in the credit union.

An application was received from Texans Credit Union, Richardson, Texas, to expand its field of membership. The proposal would permit persons who work or reside in Highland Village, Flower Mound, Coppell, Carrollton, Hebron, Lewisville, The Colony, and Frisco, Texas, (excluding persons eligible for primary membership in any occupation or association-based credit union with a total membership of less than 20,000 members at the time membership is sought with Texans Credit Union, and having an office within the boundaries of Highland Village, Flower Mound, Coppell, Carrollton, Hebron, Lewisville, The Colony, and Frisco, Texas on July 1, 1999), to be eligible for membership in the credit union.

An application was received from Southwest Resource Credit Union, Baytown, Texas, to expand its field of membership. The proposal would permit employees and members of the Escapees, Inc. to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas, 78752-1699.

TRD-9902365

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: April 21, 1999


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Texas Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership

United Heritage Credit Union, Austin, Texas--See Texas Register issue dated January 29, 1999 (24 TexReg 620)

United Heritage Credit Union, Austin, Texas--See Texas Register issue dated January 29, 1999 (24 TexReg 620)

United Heritage Credit Union, Austin, Texas--See Texas Register issue dated January 29, 1999 (24 TexReg 620)

Community Credit Union, Plano, Texas--See Texas Register issue dated January 29, 1999 (24 TexReg 620)

Mid-County Teachers Credit Union, Port Neches, Texas--See Texas Register issue dated January 29, 1999 (24 TexReg 620)

Application for a Merger or Consolidation

TEC-Nine Credit Union and TEC & State Employees Credit Union--See Texas Register issue dated June 28, 1998 (23 TexReg 6756)

TRD-9902364

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: April 21, 1999


Texas Department of Criminal Justice

Request for Qualifications

The Texas Department of Criminal Justice (TDCJ), acting as construction manager for the Texas Youth Commission (TYC), is seeking qualification statements from experienced architect-engineering firms interested in providing plans and specifications to design new construction projects, remodel existing facilities, and other maintenance activities at various locations throughout the state, pursuant to the provisions of the Government Code, Chapter 2254, Subchapter A. TYC intends to enter into a requirements-type contract with one or more firms to provide such services on an as-needed basis through August 31, 2001, based on funds availability appropriated by the Texas Legislature.

Responses must be received no later than 3 p.m. on May 18, 1999.

Technical questions relative to the scope of work should be directed to Bill Gaines at (409) 294-6979. All request for a copy of the RFQ must be in writing to Iris Young, Contract Administrator, P.O. Box 4014 (Contracts), Spur 59 off of Hwy 75 North, Room 137, Huntsville, Texas 77340; (e-mail address: iris.young@tdcj.state.tx.us). Fax requests are acceptable.

TRD-9902332

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: April 20, 1999


State Board of Dental Examiners

Correction of Error

The State Board of Dental Examiners proposed an amendment to 22 TAC §109.175. The rule appeared in the April 16, 1999, issue of the Texas Register (24 TexReg 3009).

Due to Texas Register error, on page 3012, §109.175(b)(3)(D)(iii)(II), was published as “(II) Shall perform EKG monitoring of all patients with electrocardioscopy, except as provided in subparagraph (F) of this paragraph. of this section” it should read “(II) Shall perform EKG monitoring of all patients with electrocardioscopy, except as provided in subparagraph (F) of this paragraph.”

Due to Agency error, on page 3014, §109.175(c)(3)(F)(i), language was omitted. It should read as “(i) In selected circumstances, parenteral deep sedation/general anesthesia may be utilized without first establishing an indwelling intravenous line or continuous EKG monitoring with electrocardioscopy or pulse oximetry. ...”


Texas Department of Economic Development

Announcement of Availability of REMI Model

State agencies may use sophisticated policy analysis tool through agreement with the Texas Department of Economic Development.

The Texas Department of Economic Development has acquired the Regional Economic Models Inc.'s (REMI) model for the State of Texas. REMI is used throughout the United States to show impacts of economic and demographic changes on a regional economy resulting from public policy decisions regarding environmental laws, utility deregulation, business expansion, and taxes, among others. REMI contains historical population and demographic data going back to 1969 and includes a baseline forecast through 2030. REMI is a dynamic model of the U.S. and Texas economies and only requires a personal computer to operate.

Prior to use of the model, other state agencies will be required to sign an interagency agreement and reimburse the Texas Department of Economic Development with a portion of the annual maintenance fees for the model. REMI will deliver the Texas regional model to participating agencies after a secondary user's license has been purchased directly from REMI.

Agencies interested in beginning use of the REMI model in FY 2000 must submit a completed interagency contract by July 15, 1999.

Please contact Branner Steward at the Texas Department of Economic Development for additional information concerning the REMI model, the secondary user's license, and the interagency contract. Phone: 512-936-0291.

TRD-9902200

Gary Rosenquest

Chief Administrative Officer

Texas Department of Economic Development

Filed: April 15, 1999


Texas Education Agency

Request for Applications Concerning Public Law 103-382, Elementary and Secondary Education Act (ESEA) Title I, Part A - Capital Expenses, 1999–2000

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-99-011 from school districts that have incurred capital expenses since July 1, 1995, or will incur such expenses during the 1999-2000 school year, as a result of implementation of alternative delivery systems to comply with the requirements of Aguilar v. Felton in providing Title I, Part A, services to students attending private, religiously affiliated schools.

Description. Under Public Law 103-382, Title I, Part A, §1120(e), the term "capital expenses" means expenditures for noninstructional goods and services, such as: the purchase, lease, rental, and renovation of real and personal property (including, but not limited to, mobile educational units and leasing of neutral sites or space); insurance and maintenance costs; transportation; technician costs for the supervision of computer-assisted instruction (CAI); and other comparable goods and services. Under Title 34, Code of Federal Regulations (CFR), §200.16, capital expenses do not include the purchase of instructional equipment such as computers.

Dates of Project. The Title I, Part A*Capital Expenses project will be implemented during the 1999-2000 school year, starting no earlier than July 1, 1999, and ending no later than June 30, 2000.

Project Amount. The projected state total available for these projects is $908,904. These projects are funded 100% from Elementary and Secondary Education Act (ESEA), as amended by Public Law 103-382, Title I, Part A* Capital Expenses.

Selection Criteria. Applications submitted in response to this RFA must address all required components of the RFA. Applications are non-competitive and will be selected according to the following criteria: (1) Requests for funding to meet current-year capital expenses will be categorized as Priority 1. (2) Requests for funding to reimburse the Title I, Part A, program for prior-year capital expenses will be categorized as Priority 2. Only requests for prior- year expenses from school years 1995-96, 1996-97, 1997-98 and 1998-99 will be considered under Priority 2.

If the level of funding is insufficient to fund all eligible applicants under Priority 1, a ratably reduced share will be granted for Priority 1 expenses and no funds will be distributed under Priority 2. The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs incurred before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA # 701-99-011 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701-1494, or by calling (512) 463-9304. Please refer to the RFA number in your request.

Further Information. For clarifying information about the RFA, contact Sam Lester, Division of Student Support Programs, Texas Education Agency, (512) 463-9374.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Wednesday, June 30, 1999, to be considered.

TRD-9902352

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: April 21, 1999


General Land Office

Notice of Request for Contract Services Proposal

The General Land Office (GLO) is contemplating the award of a contract to provide the following services:

A firm or consortium is sought that is capable of providing professional services in support of the Coastal Coordination Council's mission to improve beach and bay access along the Texas coast. This will include surveying existing beach and bay access points within the Texas Coastal Management Program (CMP) boundary in the following counties: Orange, Jefferson, Chambers, Harris, Galveston, Brazoria, Matagorda, Jackson, Victoria, Calhoun, Willacy, and Cameron. CMP funding will be used to compile information on current public and private access points, types of facilities, site location and condition, and adjacent land use. To this end, the qualified firm or consortium must, at a minimum, have the following attributes:

1. Knowledge of the Texas coast and experience working with government agencies, conservation groups, nonprofit organizations, academia, and the general public.

2. Knowledge of shoreline access issues in Texas.

3. Knowledge of coastal habitats along the Gulf coast.

4. Experience with resource inventory techniques.

5. Equipped with and trained in using a Geographic Information System (GIS) application (i.e., Arc/Info, ArcView, etc.).

6. Equipped with and trained in using a Global Positioning System (GPS) receiver.

7. Equipped with and trained in using Microsoft Access 97 for data management.

8. Equipped with and experienced in using a digital camera.

The award of a contract to provide such services is contingent upon funds becoming available to the GLO.

The providers will be evaluated and selected based on: (1) knowledge, experience, and capabilities in the areas described above; (2) ability to perform work within the required time constraints, and; (3) demonstrated and projected use of HUB vendors. The contract will be awarded in accordance with the procedure set forth in Texas Government Code, §2254.001 et seq.

Providers must be capable of entering into a contract within 14 days of selection and initiating work within 14 days of contract award. Interested persons may receive a Request for Qualifications packet by faxing (512) 475-0680, or write to the address given.

Deadline: Qualifications statements will be accepted until 5:00 p.m. Tuesday, June 1, 1999, at the General Land Office, Attention: Claire Randle, 1700 North Congress Ave., Room 617, Austin, Texas 78701-1495.

TRD-9902354

Larry R. Soward

Chief Clerk

General Land Office

Filed: April 21, 1999


General Services Commission

Notice of Contract Airline Fares Request for Proposal

The General Services Commission (the "GSC") announces a Request for Proposals ("RFP") for Contract Airline Fares (RFP #9-0499AF) to be provided to the State of Texas pursuant to the Texas Government Code, Section 2171.052. Any contract which results from this RFP shall be for the term of September 1, 1999, through August 31, 2000.

Preproposal Conference: A preproposal conference will be held on Wednesday, April 28, 1999, in Austin, Texas. The conference is scheduled from 1:00 p.m. to 3:00 p.m. at the following address: General Services Commission, Central Services Building, Room 200B, 1711 San Jacinto Boulevard, Austin, Texas 78701. The purpose of the conference is to review the content of this RFP and to answer attendees questions.

Submission of Response to the RFP: Responses to the RFP shall be submitted to and received by the GSC Bid Services Department on or before 3:00 p.m., Central Daylight Savings Time, on May 19, 1999, and shall be delivered or sent to: The General Services Commission, Attn: Bid Services, RFP #9-0499AF, 1711 San Jacinto Boulevard, Room 180, Austin, Texas 78701, or P.O. Box 12047, Austin, Texas 78711-3047.

Evaluation Criteria: Evaluation of Proposals will be based on the criteria listed in the Request for Proposal. Evaluation will be performed by an evaluation team composed of persons designated by the GSC. The evaluation team will make a recommendation to the Division Director who shall determine and recommend to the Executive Director the proposer(s) chosen for contract award. Proposers to whom contracts are awarded will be notified by mail.

Copies of RFP: If you are interested in receiving a copy of the RFP, contact Ms. Gerry Pavelka, Program Director, at (512) 463-3559 to request a copy.

TRD-9902333

Judy Ponder

General Counsel

General Services Commission

Filed: April 20, 1999


Texas Department of Health

Correction of Error

The Texas Department of Health proposed repeal of 25 TAC §229.221 and §229.222. The rules appeared in the April 2, 1999, issue of the Texas Register (24 TexReg 2629).

Due to agency error, on page 2630, preamble left column, the cross-reference is reflected in paragraph 7 as the “Health and Safety Code, Chapter 4,” and should read “The proposed repeals affect the Health and Safety Code, Chapter 431;”.


Notice for Public Comment for the Fiscal Year 2000 Title V Maternal and Child Health Grant Application and the Fiscal Year 2000-01 Genetics Resource Allocation Plan.

The Texas Department of Health (department), Associateship for Community Health and Resources Development, is requesting public comment for the fiscal year 2000 Title V Maternal and Child Health (MCH) Grant Application and the fiscal year 2000-01 Genetics Resource Allocation Plan, as part of the ongoing public input process. We need your suggestions about ways to improve the health of all women and children in Texas, including children with special health care needs (CSHCN). Texas Title V program is responsible for the provision of preventive and primary care services for pregnant women, mothers and infants; preventive and primary care services for children; and specialized services for CSHCN.

A year ago, the federal Maternal and Child Health Bureau conducted a major overhaul of the Title V Application Guidance (instructions) based on a system of national and state performance measures for all state Title V programs. Currently, Texas Title V program is responsible for monitoring and reporting on a set of 18 required national performance measures and a set of eight custom state performance measures. For each performance measure, Title V program must: (1) set annual targets for the next five years; and (2) develop activity plans and allocate resources to reach the targets.

The packet, which includes performance measures and activity plans, may be downloaded for your review from: http://www.tdh.state.tx.us/mch/mch_home.htm. In addition to this electronic request, we are mailing about 1,400 packets to public health leaders and interest groups, contractors, and MCH/CSHCN services consumers.

Deadline for public comment is 5:00 p.m., Central Daylight Saving Time, May 14, 1999. Comments may be sent via E-mail to 2000_titlev@tdh.state.tx.us or by regular mail to Fouad Berrahou, Ph.D., Health Planner, Bureau of Children's Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199.

TRD-9902339

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 20, 1999


Notice of Request for Proposals for Case Management and/or Community/Family Resource Services for Children with Special Health Care Needs

INTRODUCTION

The Texas Department of Health (department) announces a Request for Proposals (RFP) for the provision of case management and/or community/family resource services for Children with Special Health Care Needs (CSHCN) in Public Health Regions (PHR) 6 and 5S. For the purpose of this RFP, case management is defined as the assessment of the child's overall service needs and the development of a plan for meeting these needs. The services will be family centered, community-based, and culturally competent, and will assist children who need a variety of services. To be eligible for CSHCN case management, a child must be under the age of 21, a resident of Texas, have a special health care need, and not be able to access other case management services. Community and family resource activities should build community infrastructure and /or educate and support CSHCN and their families in promoting their health and well being. The RFP provides a listing of example activities.

ELIGIBLE APPLICANTS

Eligible applicants include public and private agencies and organizations which are current or potential service providers for CSHCN in PHR 6 and 5S, including present CSHCN case management contractors.

AVAILABILITY OF FUNDS

Approximately $384,000 is expected to be available to fund three to six proposals.

PROJECT AND BUDGET PERIODS

Contracts will be funded for a 12-month period beginning September 1, 1999 through August 31, 2000.

REVIEW AND AWARD CRITERIA

Each application will be screened for eligibility and completeness, as well as satisfactory fiscal and administrative history. Applications deemed ineligible, or that arrive after the deadline, will not be reviewed.

Eligible, complete applications will be reviewed and scored by evaluators, according to the quality and thoroughness of the application and the demonstrated potential of the applicant to provide quality case management and/or community/family resource services.

SUBMISSION REQUIREMENTS

The original and one copy must be received by Marjorie Doubleday, Bureau of Children's Health, Bureau of Nutrition Services, Contract Management Section, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, by 5:00 p.m. Central Daylight Saving Time on May 28, 1999. An additional copy must be received by Sam B. Cooper, III, Director of Social Work Services, PHR 6 and 5S, Texas Department of Health, 5425 Polk, Suite J-CIDC/SW, Houston, Texas 77023-1497 by the same deadline.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS

A copy of the RFP will be sent to current Texas Department of Health CSHCN case management contractors in PHR 6 and 5S. The RFP will be available at http://www.tdh.state.tx.us/child/homecide.htm on April 30, 1999. To request a copy of the RFP, contact Marjorie Doubleday, Bureau of Children's Health, Bureau of Nutrition Services, 1100 West 49th Street, Austin, Texas 78756; Telephone (512) 458-7111, extension 3028; or E-mail address majorie.simmons@tdh.state.tx.us.

TRD-9902329

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 20, 1999


Notice of Revocation of Certificates of Registration

The Texas Department of Health (department), having duly filed complaints pursuant to Texas Regulations for Control of Radiation , Part 13 (25 Texas Administrative Code §289.112), has revoked the following certificates of registration: Texas Industrial Laboratories, Fort Worth, R06987, March 30, 1999; UIC, Inc., Fort Worth, R15956, March 30, 1999; Highlands Chiropractic Clinic, Highlands, R18209, March 30, 1999; Comprehensive Foot Care, San Antonio, R21366, March 30, 1999; Cosmetic Laser Center, San Antonio, Z01111, March 30, 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-9902330

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 20, 1999


Notice of Revocation of the Radioactive Material License of Construction Services

The Texas Department of Health (department), having duly filed complaints pursuant to Texas Regulations for Control of Radiation , Part 13 (25 Texas Administrative Code §289.112), has revoked the following radioactive material license: Construction Services, San Angelo, L04752, March 30, 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-9902331

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 20, 1999


Texas Department of Housing and Community Affairs

Office of Colonia Initiatives - Notice of Determination of Certain Counties

In accordance with Subchapter E, Chapter 5, Texas Property Code, as added by Chapter 994, Acts of the 74th Legislature, the Texas Department of Housing and Community Affairs has determined that the requirements governing residential contracts for deed in Subchapter E will apply to the following counties in Texas:

1. Brooks

2. Cameron

3. Coleman

4. Culberson

5. Dimmit

6. Duval

7. El Paso

8. Frio

9. Hidalgo

10. Jim Hogg

11. Jim Wells

12. Kinney

13. Kleberg

14. La Salle

15. Maverick

16. Mitchell

17. Presido

18. Reeves

19. San Patricio

20. Starr

21. Uvalde

22. Val Verde

23. Ward

24. Webb

25. Willacy

26. Winkler

27. Zapata

28. Zavala

Each county listed above is within 200 miles of an international border and has a per capita income that averaged 25 percent below the state average for the years 1994, 1995, and 1996 and an unemployment rate that averaged 25 percent above the state average for the years 1996, 1997, and 1998.

The Texas Department of Housing and Community Affairs has also determined that the requirements contained in Subchapter E will apply to the counties listed above beginning June 1, 1999.

TRD-9902338

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 20, 1999


Texas Department of Human Services

Correction of Error

The Texas Department of Human Services adopted amendments to 40 TAC §§12.2, 12.5, 12.7, 12.8, 12.17, 12.23, and 12.24. The rules appeared in the April 9, 1999, issue of the Texas Register (24 TexReg 2951).

Due to agency error, subsection (g) was published incorrectly. The subsection should read as follows:

“(g) DHS imposes sanctions against contractors that sponsor day care homes who fail to disburse program funds to providers in accordance with program requirements when program violations related to the disbursement of program funds to providers identified during an administrative review exceed a tolerance level of one provider or 10% of the providers sampled, whichever amount is greater. DHS imposes sanctions according to the following procedure:”


Texas Department of Insurance

Insurer Services

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

Application for admission in Texas for AMERICAN TRANSPORT INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Addison, Texas.

Application to change the name of AMERICAN TRAVELLERS LIFE INSURANCE COMPANY to CONSECO SENIOR HEALTH INSURANCE COMPANY, a foreign life company. The home office is in Carmel, Indiana.

Application to change the name of PENNSYLVANIA MILLERS MUTUAL INSURANCE COMPANY to PENN MILLERS INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Wilkes-Barre, Pennsylvania.

Application to change the name of FINANCIAL BENEFIT LIFE INSURANCE COMPANY to AMERICAN SAVERS LIFE INSURANCE COMPANY, a foreign life company. The home office is in Boca Raton, Florida.

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-9902198

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 14, 1999


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Insurance Corporation proposing to use rates for personal automobile insurance that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code Annotated Article 5.101, §3(g). For classes 6A, B, C & AF, they are proposing a rate of +49.7% above the benchmark for BI and PD; +44% above the benchmark for PIP and Medical Payments; +30% above the benchmark for UM; and +109% above the benchmark for Comprehensive and Collision.

For classes 1A, 1A-2, 1B-1, 1B-2, 1C, 1C-2, 1AF, 1AF-2, 2A-1, 2A-2, 2AF-1, 2AF-2, 2D, 2DF, 2C-1, 2C-2, 2CF-1, 2CF-2, 3, 3A, 8, and 8A, they are proposing a rate of +67.8% above the benchmark for BI and PD; +60% above the benchmark for PIP and Medical Payments; +30% above the benchmark for UM; and +109% above the benchmark for Comprehensive and Collision.

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 Article 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. Objections/comments must be made within 30 days after publication of this notice.

TRD-9902363

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 21, 1999


Notices of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket Number 2407 on June 1, 1999 at 9:00 a.m, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Commercial Lines Statistical Plan. The proposed changes are necessary in order to (a) make revisions to company reporting instructions to correct the name and address of TDI's Commercial Lines Statistical Agent, (b) require that unused portions of numeric and alphanumeric fields be zero filled, (c) require that insurers report data via diskette in ASCII fixed-length format only, (d) remove references to Annual Statement Line 25 (Glass), (e) add a footnote for Commercial Automobile Employer's Non-ownership classes to indicate that these classes are not applicable for Liability Assigned Risks, (f) update General Liability Premises & Operations and Products & Completed Operations classes, exposure bases and codes, (g) add ISO Texas Fire Subline Codes, (h) modify descriptions for Time Element coverage codes on run-off transactions, (i) add Basic Group II construction definitions and rating categories, (j) clarify that construction definitions and classes for all coverages other than those including wind should reflect fire construction criteria, (k) add class codes for Bobtail and Deadhead coverages as part of Special Types, (l) add class codes for Commercial Automobile Special Types under Leasing and Rental Concerns and for short term motorcycles, motorbikes and similar vehicles, (m) add a class code under Commercial Automobile Special Types for Rental Car Companies, and (n) make minor editorial changes to various fields and statistical codes for clarification purposes. Staff's petition (Reference P-0499-04-I) was filed on April 19, 1999.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69.

Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference Number P-0499-04-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C. H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104, MC 105-105-5G, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, chapter 2001).

TRD-9902342

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 21, 1999


The Commissioner of Insurance will hold a public hearing under Docket Number 2408 on June 1, 1999 at 9:00 a.m in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Statistical Plan for Residential Risks. The proposed changes are necessary in order to (a) add a field and statistical codes for the Texas Windstorm Insurance Association (TWIA) Building Code Credits, (b) add additional Optional Credits statistical codes for Dwelling coverage, (c) add a field and statistical codes for Law and Ordinance Coverage, (d) remove the Texas Place Code Listing from the Statistical Plan and reference it as a separate document, and (e) make minor editorial changes to various fields and statistical codes for clarification purposes. Staff's petition (Reference P-0499-05-I) was filed on April 19, 1999.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69.

Copies of the full text of the staff petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference Number P-0499-05-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C. H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104, MC 105-105-5G, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, chapter 2001).

TRD-9902343

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 21, 1999


The Commissioner of Insurance will hold a public hearing under Docket Number 2409 on June 1, 1999 at 9:00 a.m, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas to consider a petition by the American Insurance Association (AIA) proposing amendments to the Texas Statistical Plan for Residential Risks. The changes are being proposed in order to reduce statistical reporting burdens and to simplify some reporting requirements. The changes proposed are: (a) to limit reporting requirements for "roof construction" to policies which receive a premium credit for hail-resistant roofs; (b) to combine roof construction types "aluminum", "steel", "copper", and "roll roofing" into one category termed "metal"; and (c) to eliminate "recycled roofing products" and "single ply membrane systems" from the list of roof construction options. AIA's petition (Reference P-0499-03) was filed on April 19, 1999.

The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.96 and 21.69.

Copies of the full text of the AIA petition and the proposed amendments are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the petition and proposed amendments, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference Number P-0499-03).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to C. H. Mah, Associate Commissioner for Technical Analysis, P.O. Box 149104, MC 105-105-5G, Austin, Texas 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under this article from the requirements of the Administrative Procedure Act (Government Code, Title 10, chapter 2001).

TRD-9902341

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 21, 1999


Texas Natural Resource Conservation Commission

Correction of Error

The Texas Natural Resource Conservation Commission submitted Notice of Public Hearing. The hearing appeared in the April 9, 1999, issue of the Texas Register (24 TexReg 2978).

Due to agency error:

On page 2978, second paragraph, first sentence, the reference to the company should have read “...GNB Technologies, Inc. (formerly Gould National Battery, Incorporated)...,” rather than “...Gould National Battery, Incorporated (GNB, now GNB Technologies, Inc.)...”

On page 2978, fifth paragraph, fourth sentence, the reference should have been to “...Agreed Order 92-09(k),” rather than to “...Agreed Orders 92-09(k).”


Notice of Application to Appropriate Public Waters of the State of Texas

The following notice of application for a permit to appropriate Public Waters of the State of Texas was issued on April 9, 1999.

Jay E. Baker, Baker Family River Farm, 421 School Street, Kenedy, Texas 78119 has applied for a permit (Application Number 19-5622) pursuant to §11.121 of the Texas Water Code and 30 Texas Administrative Code §295.10 et seq., for authorization to divert and use not to exceed 240 acre feet of water per annum to irrigate 160 acres of land out of a 311 acre tract in Karnes County, Texas. The diversion of water will be at a rate of 750 gallons per minute (1.53 cfs) directly from the San Antonio River, San Antonio River Basin, approximately 12 miles east-southeast of Karnes City, Texas.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication 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 this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

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 affected by 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/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, Mail Code 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same above address. For additional information, individual members of the general public may 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.

TRD-9902334

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 20, 1999


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 30, 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 30, 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: David Aguero; DOCKET NUMBER: 1998-0741-OSI-E; ENFORCEMENT NUMBER: 3502; LOCATION: 2511 Encreek Road, Houston, Harris County, Texas; TYPE OF FACILITY: landscape irrigation operation; RULES VIOLATED: 30 TAC §285.33(c)(2)(D) by failing to install the proper number of spray irrigation drainfields required for the minimum surface application area; and 30 TAC §285.58(a)(10) by failing to perform work on the on-site sewage facility, without just cause, for 30 consecutive days; PENALTY: $2,656; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2)COMPANY: T.D. Allison, Incorporated; DOCKET NUMBER: 1998-1158-PST-E; TNRCC ID NUMBER: 11089; LOCATION: 203 South Kent, Gorman, Eastland County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.22(a) by failing to pay outstanding UST fees for the fiscal years 1990 through 1997; and 30 TAC §334.7(d)(l)(B) by failing to update its UST registration records to reflect that the STs were no longer in service; PENALTY: $9,000; STAFF ATTORNEY: John Peeler, Litigation Division, MC 175, (512) 239-3506; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(3)COMPANY: Tom Blankenship; DOCKET NUMBER: 1996-1875-LII-E; TNRCC ID NUMBER: LI0006077; LOCATION: 2502 Redbrook, Garland, Dallas County, Texas; TYPE OF FACILITY: landscape irrigation system; RULES VIOLATED: the Code, §34.007(a) by failing to obtain a valid certificate of registration as a licensed irrigator before selling, designing, consulting on, and/or installing a landscape irrigation system; PENALTY: $2,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(4)COMPANY: Young Man Kwon and Mohammed Younous dba 3 Star Quickway; DOCKET NUMBER: 1998-0782-PST-E; TNRCC ID NUMBER: 07307; ENFORCEMENT NUMBER: 12710; LOCATION: 4801 Wichita Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: retail gasoline dispensing facility; RULES VIOLATED: 30 TAC §115.241 and the Texas Health and Safety Code (THSC), §382.085(b) by failing to install an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds to the atmosphere by at least 95%; 30 TAC §334.51(b)(2)(C) and the Code, §26.3475 by failing to equip tanks with proper overfill prevention; 30 TAC §334.50(b)(1)(A) and (2)(A) and the Code, § 26.3475 by failing to have a release detection method capable of detecting a release from the tanks portion of the UST system and by failing to have a release detection method capable of detecting a release from the pressurized piping of the ST system; 30 TAC § 334.50(d)(B)(iii)(I) and the Code, §26.348 by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.7(a)(1) and the Code, §26.346 by failing to register with the commission, on authorized commission forms, USTs in existence on or after September 1, 1987; and 30 TAC §334.22(a) and the Code, §26.358 by failing to make payments on annual facility fees; PENALTY: $16,000; STAFF ATTORNEY: Lisa Zintsmaster Hernandez, Litigation Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9902323

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 20, 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 30, 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 30, 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: AC Liquidating Corporation; DOCKET NUMBER: 1998-1414-IHW-E; TNRCC NUMBER: 31618; LOCATION: 11011 Fairmont Parkway, La Porte, Harris County, Texas; TYPE OF FACILITY: hazardous waste treatment and storage facility; RULES VIOLATED: 30 TAC § 335.4 and the Code, §26.121 by failing to address confirmed groundwater contamination from two closed hazardous waste management units; 30 TAC § 335.112(a)(7) and 40 Code of Federal Regulations (CFR), § 265.143 by failing provide an estimate and proof of financial assurance with the Post-Closure Care permit application; and 30 TAC § 335.112(a)(5) and 40 CFR, § 265.93 by failing to conduct groundwater monitoring during the first six months of 1998; PENALTY: $60,000; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 676-3500.

(2)COMPANY: Ashcraft-Southern Marble Company, Incorporated; DOCKET NUMBER: 1998-0618-IHW-E; TNRCC NUMBER: 69607; LOCATION: 13822 Highway 155 South, Tyler, Smith County, Texas; TYPE OF FACILITY: cultured marble manufacturing facility; RULES VIOLATED: 30 TAC §335.4 and the Code, §26.121 by causing, suffering, allowing, and/or permitting the collection, handling, storage, processing, or disposal of industrial solid waste in such a manner so as to cause the discharge or imminent threat of discharge of industrial solid waste into or adjacent to the waters in the state; 30 TAC §335.6 by failing to update the Notice of Registration for specific wastes and waste management units at the facility; 30 TAC §335.9(a)(1) and (2) by failing to submit an annual waste summary form for 1997 and 1996, correct and resubmit the 1995 annual waste summary, and keep records of waste management activities; 30 TAC §335.62, incorporating 40 CFR, § 262.11 and 30 TAC § 335.431, incorporating 40 CFR, §268.7 by failing to perform required hazardous waste determinations, determine and record which of its hazardous wastes are restricted from land disposal, and determine if any restricted wastes meet established treatments standards; and 30 TAC §335.474 by failing to develop a source reduction and waste minimization plan; PENALTY: $9,375; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3)COMPANY: The City of Groveton; DOCKET NUMBER: 1998-0964-MSW-E; TNRCC ID NUMBER: 898; ENFORCEMENT ID NUMBER: 12800; LOCATION: 1.3 miles southeast of US Highway 287 and Farm to Market Road 255 on the east side of Kickapoo Road, Groveton, Trinity County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED: 30 TAC §330.252(c) by failing to complete final cover of the landfill; and 30 TAC §330.111 by deviating from an approved closure plan; PENALTY: $4,375; STAFF ATTORNEY: Cecily Small Gooch, Litigation Division, MC R-4, (817) 469-6750; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(4)COMPANY: Dennis Hakes dba Hakes Holstein Heaven; DOCKET NUMBER: 1997- 1164-AGR-E; TNRCC NUMBER: 03087; LOCATION: State Highway 6 on Farm to Market Road 914, Dublin, Erath County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: the Code, §26.136 and Special Provision Number 13 of TNRCC Permit Number 03087 by failing to furnish certification, by a Texas registered engineer, that the facilities had been constructed in accordance with the requirements of the permit; PENALTY: $6,250; STAFF ATTORNEY: Heather Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Michael Meazell dba Shady Shores Water System and Ridgewood Village Development Company, Incorporated; DOCKET NUMBER: 1997-1160-PWS-E; TNRCC NUMBER: 1580014; ENFORCEMENT NUMBER: 12005; LOCATION: four miles east of Highway 256 and Farm to Market Road 450 Junction, Marion County, Texas; TYPE OF FACILITY: public drinking water system; RULES VIOLATED: 30 TAC §290.46(f)(l)(A) by failing to maintain a free chlorine residual of 0.2 milligrams per liter in the far reaches of the distribution system at all times; 30 TAC §290.46(e) by failing to operate the system under a "D" certified water works operator; 30 TAC §290.46(t) by failing to maintain the distribution system lines in a watertight condition; 30 TAC §290.44(a)(4) by failing to install the distribution lines a minimum of 24 inches below ground surface; 30 TAC 290.43(c)(4) by failing to provide a water level indicator for the ground storage tank; 30 TAC §290.41(c)(3)(B) by failing to extend the wellhead casing a minimum of 18 inches above the natural ground surface; 30 TAC §290.41(c)(1)(A) by failing to locate the ground water well a minimum of 150 feet from a septic tank drain field; 30 TAC §290.46(j)(3) by failing to have proper completed customer service inspections on file; 30 TAC §290.46(p) by failing to conduct annual inspection of the ground storage and pressure tanks and by failing to retain the records for a minimum of five years; 30 TAC §290.46(m) by failing to initiate a maintenance program for cleanliness of the plant facilities; 30 TAC §290.41(c)(3)(P) by failing to provide an all weather access road to the well site; 30 TAC §290.42(i) by failing to provide certification of the hypochlorite solution from an organization accredited by American National Standards Institute; and 30 TAC §290.45(b)(1)(C) by failing to provide the Minimum Water System Capacity Requirements; PENALTY: $10,313; STAFF ATTORNEY: Lisa Zintsmaster Hernandez, Litigation Division, MC 175, (512) 239-0612; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6)COMPANY: Pilgrim's Poultry, G.P.; DOCKET NUMBER: 1998-0453-AGR-E; TNRCC ID NUMBER: 4032; LOCATION: Farm to Market Road 556, Camp County, Texas; TYPE OF FACILITY: two caged egg layer operations; RULES VIOLATED: 30 TAC §321.33(d) by failing to acquire a permit for the two caged egg layer operations; PENALTY: $31,250; STAFF ATTORNEY: Tracy L. Harrison, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(7)COMPANY: Estate of Joe Berry Pyle and Ralph Watson; DOCKET NUMBER: 1998- 0337-MSW-E; ENFORCEMENT ID NUMBER: 12418; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: solid waste facility; RULE VIOLATED: 30 TAC §330.04(a) by causing, suffering, allowing, or permitting the collection, storage, handling, transportation, processing, removal, or disposal of municipal solid waste upon their property without a TNRCC permit or other authorization, specifically, the facility received municipal solid waste in the form of used building materials deposited in a trench at the facility; PENALTY: $6,250; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8)COMPANY: Earl Scheib Paint and Body; DOCKET NUMBER: 1998-0383-AIR-E; TNRCC ID NUMBER: EE-1473-M; LOCATION: 5001 Dyer Street, El Paso, El Paso County, Texas; TYPE OF FACILITY: paint and body shop; RULES VIOLATED: 30 TAC §115.121 and the Texas Health and Safety Code (THSC), §382.085(b) by exceeding the allowable emission limit for volatile organic compounds for the basecoat/clearcoat systems; and 30 TAC §116.115(b), §106.436(9)(c), (12), and (16), and THSC, §382.085(b) by failing to store solvents in closed containers, installing a vent stack that is less than 50 feet from residences in the area, and failing to maintain records relating to solvent and paint purchases and material safety data sheets; PENALTY: $6,375; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(9)COMPANY: West Carwash, LTD. and Mr. Jimmy Kim; DOCKET NUMBER: 1998- 0684-PST-E; TNRCC ID NUMBER: 50264; LOCATION: 9300 Westheimer, Houston, Harris County, Texas; TYPE OF FACILITY: retail gasoline dispensing facility; RULES VIOLATED: 30 TAC §115.245(1)(A) and THSC, §382.085(b) by failing to conduct Stage II full compliance testing within 30 days of installation of Stage II equipment; 30 TAC §115.248(1) and THSC, §382.085(b) by failing to ensure that at least one representative received training and instruction in the operation and maintenance of a Stage II vapor recovery system; 30 TAC §115.242(3)(C)(iii) and (4) and THSC, §382.085(b) by failing to maintain the Stage II vapor recovery system in proper operating condition including repairing or replacing nozzle boots with a slit more than one-inch in length and repairing or replacing product line hoses to ensure no gasoline leaks exist anywhere in the dispensing equipment or Stage II vapor recovery system; and 30 TAC §115.246(1), (3), (6), and (7)(A), and THSC, §382.085(b) by failing to maintain a California Air Resources Board Executive Order on premises, maintain a record of maintenance, maintain a record of Stage II daily inspections, and maintain records at the facility to be made immediately available for review; PENALTY: $5,850; STAFF ATTORNEY: Richard O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9902322

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 20, 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 30, 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 30, 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: Best Oil & Gas; OWNER: Petro-Mex, Incorporated; DOCKET NUMBER: 1999-0216-PST-E; TNRCC ID NUMBER: 34084; LOCATION: 505 East Schunior, Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: retail; RULES VIOLATED: 30 TAC §334.49(e) by failing to have appropriate corrosion protection records for the UST system so that appropriate corrosion protection methods could be determined; 30 TAC § 334.50(b)(2) by failing to monitor piping in a manner designed to detect releases from any portion of the UST's piping system; and 30 TAC §334.50(b)(1)(A) by failing to monitor USTs for releases at a frequency of at least once every month, not to exceed 35 days between each monitoring; PENALTY: shutdown order; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2)FACILITY: Smiley's; OWNER: Glen Lester Bonds; DOCKET NUMBER: 1999-0223- PST-E; TNRCC ID NUMBER: 13441; LOCATION: 114th Street and Avenue P, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: retail gasoline service station with USTs; RULES VIOLATED: 30 TAC §334.49(a) by failing to provide proper corrosion protection for the UST systems at the facility; 30 TAC §334.50(a)(1)(A) by failing to provide a proper release detection method capable of detecting a release from any portion of the UST system which contains regulated substances including the tanks, piping, and other ancillary equipment; and 30 TAC §334.51(b)(2)(B) by failing to provide proper spill containment equipment for the UST systems at the facility; PENALTY: shutdown order; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(3)FACILITY: W.W. Grocery; OWNER: Benda Investments, Incorporated and Ali Peajani; DOCKET NUMBER: 1999-0327-PST-E; TNRCC ID NUMBER: Facility Number 0030707; LOCATION: 300 North Main, Hutchins, Dallas 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 pressurized piping associated with the UST systems; 30 TAC §334.51(b)(2)(C) by failing to provide proper overfill prevention equipment for the UST 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-9902321

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 20, 1999


Notice of Water Quality Applications.

The following notices were issued during the period of April 12, 1999 through April 19, 1999.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, within 30 Days of the Issue Date of the Notice.

AMBER TERMINAL, INC. has applied for a renewal of TNRCC Permit Number 00570, which authorizes the discharge of stormwater runoff on an intermittent and flow variable rate via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit Number TX0000507 and TNRCC Permit Number 00570. The applicant operates a petroleum product and/or an ammonium nitrate fertilizer storage and shipping terminal. The plant site is located at the northwest corner of the intersection of 28th Street (State Highway Business 183) and North Sylvania Avenue in the City of Fort Worth, Tarrant County, Texas.

WEST TEXAS UTILITIES COMPANY has applied for a major amendment to TNRCC Permit Number 00997 to authorize: revision of an effluent limitation for daily maximum temperature from an instantaneous measurement to a flow weighted maximum daily temperature, removal of daily average and daily maximum flow rate limitations, revision of the laboratory test method required for the measurement of total residual chlorine applicable to discharges via Outfall 001; to provide a credit for the intake of total suspended solids in setting effluent limitations applicable to discharges via Outfall 002; and to delete authorization of storm water Outfalls 003 and 004. The current permit authorizes the discharge of once through cooling water at a daily average flow not to exceed 57,000,000 gallons via Outfall 001, the discharge of low volume wastewater at a variable rate of discharge via Outfall 002, and the discharge of storm water runoff on an intermittent and flow variable basis via Outfalls 003 and 004. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit Number TX0001406 issued on July 13, 1983 and TNRCC Permit Number 00997 issued February 12, 1993. The applicant operates the Oak Creek Power Station. The plant site is located adjacent to Oak Creek Reservoir approximately ten miles north of the City of Bronte, Coke County, Texas.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, within 30 Days After Newspaper Publication of the Notice.

CITY OF GOREE has applied for a renewal of TNRCC Permit Number 10102 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 55,000 gallons per day. The plant site is located on the east side of U.S. Highway 277, approximately 1/2 mile east of the intersection of U.S. Highway 277 and State Highway 266 in Knox County, Texas.

CITY OF ARANSAS PASS has applied for a major amendment to TNRCC Permit Number 10521002 to add Outfall 002, which would discharge treated wastewater at a daily average flow not to exceed 1,000 gallons per day. Outfall 001 will authorize a discharge of treated wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The plant site is located at the corner of Ransom Drive and Ocean Drive in the City of Aransas Pass in San Patricio County, Texas.

CINCO MUNICIPAL UTILITY DISTRICT NUMBER 1 has applied for a renewal of TNRCC Permit Number 13558-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,690,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,690,000 gallons per day. The plant site is located approximately 2.0 miles north and 3.25 miles east of the intersection of Farm to Market Road 723 and Farm to Market Road 1093 in Fort Bend County, Texas.

THOUSAND TRAILS, INC. , 2711 LBJ Freeway, Suite 200, Dallas, Texas 75234, has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination system (NPDES) Permit Number TX0086665 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12349 001. The draft Permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12349 001 will replace the existing NPDES Permit Number TX0086665 issued on April 17, 1987, and TNRCC Permit Number 12349001. The plant site is located approximately 3.1 miles west of the intersection of Farm to Market Road 830 and Interstate Highway 45, 1.3 miles west southwest of the intersection of Farm to Market 830 and Old Willis-Montgomery Road and 1000 feet northwest of the intersection of Old Willis Montgomery Road with the shoreline of Lake Conroe in Montgomery County Texas. The treated effluent Is discharged to Lake Conroe in Segment Number 1012 of the San Jacinto River Basin. The designated uses for Segment Number 1012 are high aquatic life uses, public water supply and contact recreation.

TOSHIBA INTERNATIONAL CORPORATION has applied for a renewal of TNRCC Permit Number 03153, which authorizes the discharge of treated sanitary wastewater and washwater at a daily average flow not to exceed 50,000 gallons per day via Outfall 001, and once through cooling water at a daily average flow not to exceed 50,000 gallons per day via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0074292 issued on January 29, 1988, and TNRCC Permit Number 03153. The applicant operates a facility which manufactures electric motors, inverters, and other electrical products. The plant site is located at the southwest corner of the intersection of West Little York Drive and Eldridge Parkway, in the extraterritorial jurisdiction of the City of Houston, Harris County, Texas.

WEST TEXAS UTILITIES COMPANY has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit Number 00963 to authorize the removal of biomonitoring requirements at Outfall 001 and to use an alternative test method for total residual chlorine analysis at Outfall 001. The current permit authorizes the discharge of condenser cooling water at a daily average flow not to exceed 253,800,000 gallons per day via Outfall 001 which will remain the same; low volume wastewater on an intermittent and flow variable basis via Outfall 002 which will remain the same; and stormwater on an intermittent and flow variable basis via Outfalls 003, 004, and 005 which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0001392 issued on June 14, 1991, and TNRCC Permit Number 00963. The applicant operates the Paint Creek Power Plant, a steam electric generating station. The applicant has also requested a temporary variance to the existing water quality standards for the water quality based criteria for aluminum for Lake Stamford, in Segment Number 1235 of the Brazos River Basin. The plant site is located approximately two miles south of the east end of FM Road 2082, on the northeast side of Lake Stamford, Haskell County, Texas.

OTTO MARINE ENTERPRISE , has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 03448 which authorizes the discharge of barge cleaning and petroleum contaminated wastes from offsite facilities and treated process stormwater at daily average flow not to exceed 8,000 gallons per day via Outfall 001. The applicant operates a facility that treats barge cleaning wastes and offsite petroleum products. The plant site is located at 17818 Riverside Street, one-fourth mile south of Interstate Highway 10 and one mile west of the intersection of Interstate Highway 10 and Crosby-Lynchbury Road, Harris County, Texas.

OXID, L.P. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 02102, which authorizes the discharge of storm water runoff on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0075060 issued on November 22, 1996, and TNRCC Permit Number 02102. The applicant operates a plant which manufactures, distills, and blends glycols and glycol ethers. The plant site is located at the southeast corner of the intersection of Loop 610 and the Houston Ship Channel, at 101 Concrete Street, in the City of Houston, Harris County, Texas.

ELG METALS SOUTHERN, INC. , 15135 Jacintoport Boulevard, Houston, Texas 77015, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit Number 03324 to: substitute an effluent limitation for total organic carbon for the existing effluent limitation for chemical oxygen demand; to increase the permitted effluent limitations for oil and grease, total copper, total lead, total nickel, and total zinc; and to alter the monitoring point applicable to discharges via Outfall 001. The current permit authorizes the discharge of storm water runoff on an intermittent and flow variable basis via Outfall 001 which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace NPDES Permit Number TX0106861 (unissued) and TNRCC Permit Number 03324 issued on March 7, 1997. The applicant operates a scrap metal reclaiming facility.

EXXON COMPANY USA has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit Number 00592 to authorize an increase in the discharge of facility wastewater from a daily average flow not to exceed 27,500,000 gallons per day to a daily average flow not to exceed 30,000,000 gallons per day via Outfall 001; and to authorize an increase in mass limitations for biochemical oxygen demand (five days), total suspended solids, oil and grease, total organic carbon, phenolic compounds, ammonia (as N), sulfide, total chromium, and hexavalent chromium at Outfall 001. The current permit authorizes the discharge of process wastewater, storm water runoff, and groundwater at a daily average flow not to exceed 27,500,000 gallons per day via Outfall 001; commingled storm water runoff and process water on an intermittent and flow variable basis via Outfall 002 which will remain the same; and regenerate water from a demineralizer plant at a daily average flow not to exceed 2,500,000 gallons per day via Outfall 003 which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0006271 issued on January 23, 1998, and TNRCC Permit Number 00592. The applicant operates an integrated petroleum refinery and organic chemical manufacturing facility, and receives compatible wastes from an adjacent sulfuric acid manufacturing plant. The plant site is located at 2800 Decker Drive, adjacent to the Houston Ship Channel, in the City of Baytown, Harris County, Texas.

TRD-9902337

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 20, 1999


Notice of Water Right Application

The following notices of application for an amendment to a Certificate of Adjudication were issued on April 14, 1999.

The City of Austin , P.O. Box 1088, Austin, Texas 78767 has applied to amend Certificate of Adjudication Number 14-5471, as amended once. The certificate currently includes authorization for the City to maintain a dam (Longhorn Dam) and reservoir (Town Lake) on the Colorado River in Travis County approximately 1.4 miles southeast of the County Courthouse in Austin, Texas and to divert, circulate and recirculate water from the perimeter of the lake at an unspecified maximum rate for industrial (cooling) purposes. This diversion authorization is without limitation as to amount, provided that not more than 24,000 acre-feet of water per annum is consumed. The time priority for the impoundment of water in Town Lake and use of water for industrial (cooling) purposes from the lake is March 5, 1959. The applicant seeks to amend Certificate Number 14-5471, as amended, by adding two downstream diversion points that would allow the City the option of furnishing a portion of the cooling water needed at the Fayette Power Project in Fayette County near La Grange, Texas. The City of Austin and the Lower Colorado River Authority (LCRA) are partners in the Fayette Power Project. One of the requested additional diversion points is on the Colorado River and is the same point included in LCRA's Certificate of Adjudication Number 14-5474, which allows diversion of water from the river to LCRA's Cedar Creek Reservoir for industrial (cooling) purposes at the Fayette Power Project. Cedar Creek Reservoir is on Cedar Creek, a tributary to the Colorado River. The other diversion point included in the City's application is from the perimeter of Cedar Creek Reservoir. The requested diversion point on the river is described as being on the east bank of the River in the J.M. Hensley Survey, Abstract Number 54. This point is essentially at the Cedar Creek and Colorado River confluence and is approximately 120 river miles downstream of Longhorn Dam. No other changes are requested.

Martin J. Northern and wife, Lesbia E. Northern , Route 1, Box 656-B, Wolfforth, Texas 79382, have applied to amend Certificate of Adjudication Number 14-2471 which was issued to R.A. Hafner on August 31, 1983. The certificate authorized owners, with a time priority of August 15, 1961, the diversion and use of not to exceed 160 acre-feet of water per annum from a four points on the on the Colorado River at a maximum rate of 2.45 cfs (2600 gpm) to irrigate a maximum of 107 acres of land per annum in Concho County, Texas. Pursuant to an Earnest Money Contract for the Sale and Purchase of Water Rights dated July 22, 1998, Commission records have been changed to indicate ownership of the certificate by Martin J. Northern and wife, Lesbia E. Northern (applicants). Applicants seek to amend Certificate Number 14-2471 by moving the authorized irrigation water rights and diversion point approximately 11 miles downstream and changing the place of use to applicants' land. The new diversion point will be located within Coleman County, Texas. The water will be used to irrigate a maximum of 160 acres of land out of a 195.5 acre tract of land in Coleman County, Texas.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by May 4, 1999 . 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 by May 4, 1999. The Executive Director can consider approval of the application unless a written request for a contested case hearing is filed by May 4, 1999.

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 affected by 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 any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested amendment and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public 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, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103 at the same address. For additional information, individual members of the general public may 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.

TRD-9902336

LaDonna Castanuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 20, 1999


Public Utility Commission of Texas

Applications to Introduce New or Modified Rates or Terms Pursuant to Public Utility Commission Substantive Rule §23.25

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 13, 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 a Single Rate Residence Optional Calling Plan for Residence Customers Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20735.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public tility Commission of Texas that it is instituting the Single Rate Residence Optional Calling Plan. This Long Distance Message Telecommunications Service Optional Calling Plan (OCP) offers residence customers, for a monthly charge of $4.95, unlimited intraLATA toll calling any time of the day at twelve cents per minute. Customers who subscribe to THE WORKS or Basics can subscribe to this same twelve cents per minute toll plan for only $1.95 per month. The requested effective date of this tariff is May 15, 1999. SWBT has provided notification of this OCP to the Local Service Providers (LSP's). The LSP's will be provided the wholesale discount rate.

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 May 13, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902314

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 1999


Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 16, 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 to Institute Promotional Rates for Business Customers Newly Subscribing to the Per Minute; 2-Hour or 5-Hour MaxiMizer TM 800 Plans Between May 16, 1999 and December 31, 1999 Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20754.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public tility Commission of Texas that it is instituting and extending the present promotional rates for business customers newly subscribing to the Per Minute; 2-Hour or 5-Hour MaxiMizer TM 800 plans between May 16, 1999 and December 31, 1999. During the promotional period, new six-month subscribers to the Per Minute MaxiMizer TM 800 plan will receive a one-time credit of $15.00. New six-month subscribers of the 2-Hour MaxiMizer TM 800 plan will receive a one-time credit of $30.00. New twelve-month subscribers to the 5-Hour MaxiMizer TM 800 plan will receive a one-time credit of $60.00. SWBT has provided notification of this promotion to the Local Service Providers (LSP's). The LSP's will be provided the wholesale discount for these MaxiMizer TM 800 promotions.

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 May 13, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902315

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 1999


Notices of Applications for Approval of IntraLATA Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule §23.103

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 12, 1999, pursuant to Public Utility Commission Substantive Rule §23.103 for approval of an intraLATA equal access implementation plan.

Project Number: Application of U.S. Telephone Holding, Inc. doing business as Sage Telecom for Approval of IntraLATA Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule §23.103. Project Number 19552.

The Application: U.S. Telephone Holding, Inc. doing business as Sage Telecom's (Sage) intraLATA plan provides a proposal that, upon implementation, would provide customers with the ability to route intraLATA toll calls automatically, without the use of access codes, to the telecommunications services provider of their designation. Sage provides local exchange service to end users in the territory of Southwestern Bell Telephone Company (SWBT) utilizing unbundled network elements leased from SWBT under a Service Provider Certificate of Operating Authority (SPCOA). The commission has recently ordered SWBT to implement intraLATA equal access by May 7, 1999. Sage states that it will provide intraLATA equal access to its customers whenever those capabilities can be obtained from SWBT.

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 Public tility Commission Office of Customer Protection at (512) 936-7120 on or before May 7, 1999. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference project number 19552.

TRD-9902206

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 12, 1999, pursuant to Public Utility Commission Substantive Rule §23.103 for approval of an intraLATA equal access implementation plan.

Project Number: Application of AT&T Communications of the Southwest, Inc. for Approval of IntraLATA Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule §23.103. Project Number 19710.

The Application: AT&T Communications of the Southwest, Inc.'s (AT&T) intraLATA plan provides a proposal that, upon implementation, would provide customers with the ability to route intraLATA toll calls automatically, without the use of access codes, to the telecommunications services provider of their designation. AT&T provides residential local exchange service to end users in the territory of Southwestern Bell Telephone Company (SWBT) through resale of local services. The commission has recently ordered SWBT to implement intraLATA equal access by May 7, 1999. AT&T states that it will provide intraLATA equal access to its customers at the time procedures to permit that capability are implemented by SWBT.

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 Public tility Commission Office of Customer Protection at (512) 936-7120 on or before May 7, 1999. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference project number 19710.

TRD-9902207

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 12, 1999, pursuant to Public Utility Commission Substantive Rule §23.103 for approval of an intraLATA equal access implementation plan.

Project Title and Number: Application of Frontier Telemanagement, Inc. for Approval of IntraLATA Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule §23.103. Project Numbers 20127 and 20726.

The Application: Frontier Telemanagement, Inc.'s (Frontier) intraLATA plan provides a proposal that, upon implementation, would provide customers with the ability to route intraLATA toll calls automatically, without the use of access codes, to the telecommunications services provider of their designation. Frontier provides local exchange service to end users in the territory of Southwestern Bell Telephone Company (SWBT) solely as a reseller under a Service Provider Certificate of Operating Authority (SPCOA). The commission has recently ordered SWBT to implement intraLATA equal access by May 7, 1999. Frontier states that it will provide intraLATA equal access to its customers subject to SWBT providing those capabilities to its resale customers.

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 on or before May 7, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Please reference project numbers 20127 and 20726.

TRD-9902208

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 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 April 13, 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 Advanced TelCom Group, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20734 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange and long distance telecommunications services; however, the services offered to residential customers are bundled services, including higher speed Internet access services, not single wire-line basic services and may not include all services offered to business customers. The services the Applicant will provide include high speed digital services such as ADSL, as well as intraLATA and interLATA long distance services, advanced features, switched access services, premium services, and private line services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than May 5, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9902210

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


Notices of Applications Pursuant to Public Utility Commission Substantive Rule §23.94

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 1, 1999, pursuant to Public Utility Commission Substantive Rule §23.94 for approval to offer new services.

Tariff Title and Number: Application of XIT Rural Telephone Cooperative, Inc. for Approval to Offer New Services Pursuant to Public Utility Commission Substantive Rule §23.94. Tariff Control Number 20692.

The Application: XIT Rural Telephone Cooperative, Inc. (XIT or the company) seeks approval for the following optional new service offerings: Call Waiting ID, Directory Assistance, and Directory Assistance Call Completion. The company estimates the proposed new services will decrease the intrastate gross annual revenues by $496. XIT proposes an effective date of July 1, 1999, for all exchanges served by the company.

Subscribers of XIT have a right to petition the commission for review of this application by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 70 affected local service customers, and must be received by the commission no later than June 1, 1999.

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 Public tility Commission Office of Customer Protection at (512) 936-7120 on or before June 1, 1999. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Please reference Tariff Control Number 20692.

TRD-9902196

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 14, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on April 12, 1999, pursuant to Public Utility Commission Substantive Rule §23.94 for approval to offer new services.

Tariff Title and Number: Application of Brazoria Telephone Company for Approval to Offer New Services Pursuant to Public Utility Commission Substantive Rule §23.94. Tariff Control Number 20732.

The Application: Brazoria Telephone Company (Brazoria or the company) seeks approval for the following optional new service offerings: Call Waiting with Cancel, Call Forwarding- Busy Line/Don't Answer, Call Forwarding with Remote Access, Call Hold, Music on Hold, Distinctive Ringing, and Toll Denial with PIN Code Override. In addition, with the exception of Toll Denial with PIN Code Override, Brazoria is proposing to waive the nonrecurring installation charges associated with a request for the new optional features during the first 90 days after the new services are offered. The company estimates the proposed new services will increase its intrastate gross annual revenues by $98,366. Brazoria proposes an effective date of July 12, 1999, for all exchanges served by the company.

Subscribers of Brazoria have a right to petition the commission for review of this application by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 312 affected local service customers, and must be received by the commission no later than May 31, 1999.

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 Public tility Commission Office of Customer Protection at (512) 936-7120 on or before May 31, 1999. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Please reference Tariff Control Number 20732.

TRD-9902209

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule §23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule §23.27 for an addition to the existing PLEXAR-Custom service for LeTourneau, Inc. in Longview, 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 LeTourneau, Inc. in Longview, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20744.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for an addition to the existing PLEXAR-Custom service for LeTourneau, Inc. in Longview, 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 Longview exchange, and the geographic market for this specific PLEXAR-Custom service is the Longview LATA.

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

TRD-9902313

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 1999


Public Notices of Amendments to Interconnection Agreement

On April 9, 1999, Southwestern Bell Telephone Company and Tech Telephone Company, Ltd., 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 tilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20725. 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 20725. 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 May 12, 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 Public Utility Commission 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 20725.

TRD-9902212

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


On April 9, 1999, Southwestern Bell Telephone Company and AT&T Communications of the Southwest, 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 20727. 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 20727. 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 May 12, 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 Public Utility Commission 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 20727.

TRD-9902213

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


On April 9, 1999, Southwestern Bell Telephone Company, Teleport Communications Houston, Inc., and TCG Dallas (collectively, TCG), 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 20728. 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 20728. 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 May 12, 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 Public Utility Commission 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 20728.

TRD-9902214

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


On April 9, 1999, Southwestern Bell Telephone Company and NTS Communications, 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 20729. 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 20729. 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 May 12, 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 20729.

TRD-9902335

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 1999


Public Notice of Interconnection Agreement

On April 7, 1999, Southwestern Bell Telephone Company and Valence Communications Services, Ltd. , collectively referred to as applicants, filed a joint application for approval of an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 20717. 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 20717. 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 noon, May 11, 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 Public Utility Commission 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 20717.

TRD-9902211

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 15, 1999


South East Texas Regional Planning Commission

Request for Proposal for 9-1-1 ANI/ALI Call Taker Equipment

The South East Texas Regional Planning Commission (SETRPC) is soliciting proposals for 9-1-1 Public Safety Answering Point ANI/ALI call taker equipment and controllers, installation, training and maintenance service for 12 agencies within the South East Texas region.

Request for Proposal packages may be obtained by contacting Bob Dickinson, 9-1-1 Program Director, South East Texas Regional Planning Commission, 3501 Turtle Creek Drive, Suite 103, Port Arthur, TX 77642, (409) 724-1911. Packages will not be faxed or emailed. A mandatory bidders conference will be held at 2:00 p.m. CST May 10, 1999 at the SETRPC offices.

The proposals received will be reviewed by the SETRPC 9-1-1 Sub Committee for contract award on the basis of:

(1) the Offeror's system proposed which will best satisfy the successful development and implementation of an Enhanced 9-1-1 emergency communications system

(2) firm's level of experience and financial stability

(3) price quoted for the system presented

(4) the firm's prior implementation performance, personnel experience, training programs offered and service record with similar projects.

All proposals must be received in the offices of SETRPC no later than 12:00 noon, CST, June 8, 1999. Proposals received after the specific date and time will not be considered. Contract award is scheduled for August 23, 1999.

TRD-9902340

Don Kelly

Executive Director

South East Texas Regional Planning Commission

Filed: April 20, 1999


Texas Department of Transportation

Cancellation of Request for Proposals

The Texas Department of Transportation cancels the request for proposals that appeared in the March 19, 1999 issue of the Texas Register (24 TexReg 2099), concerning the use of telecommunication facilities from a telecommunication provider to provide a fiber-optic Intelligent Transportation System (ITS) deployment for transmitting voice, video, and computer data for monitoring and controlling of traffic flow.

TRD-9902324

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 15, 1999


Texas Workers' Compensation Commission

Invitation to Applicants for Appointment to the Medical Advisory Committee

The Texas Workers' Compensation Commission invites all qualified individuals and representatives of public health care facilities and other entities to apply for openings on the Medical Advisory Committee in accordance with the eligibility requirements of the new Standards and Procedures for the Medical Advisory Committee. Each member must be knowledgeable and qualified regarding work-related injuries and diseases.

The majority of these positions are filled, but the terms of the current members will expire in August of 1999. Current members may be reappointed or new members may be appointed.

Commissioners for the Texas Workers' Compensation appoint the Medical Advisory Committee members, which is composed of 16 primary and 16 alternate members representing health care providers, employees, employers and the public.

The purpose and tasks of the Medical Advisory Commission are outlined in the Texas Workers' Compensation Act, 413.005, which includes advising the Commission's Medical Review Division on the development and administration of medical policies and guidelines.

The Medical Advisory Committee meets approximately once every six weeks. Members are not reimbursed for travel, per diem, or other expenses associated with Committee activities and meetings.

During a primary member's absence, an alternate member must attend meetings for the Medical Advisory Committee, subcommittees, and work groups to which the primary member is appointed. The alternate may attend all meetings and shall fulfill the same responsibilities as primary members, as established in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission.

Medical Advisory Committee openings include:

Primary Members

Doctor of Medicine

Public Health Care Facility

Private Health Care Facility

Doctor of Osteopathy

Doctor of Chiropractic

Dentist

Pharmacist

Occupational Therapist

General Public Representative, Rep. 1

Alternate Members

Public Health Care Facility

Private Health Care Facility

Doctor of Osteopathy

Doctor of Chiropractic

Occupational Therapist

Dentist

Employee Representative

For an application, call Juanita Salinas at (512) 707-5888 or Ruth Richardson at (512) 440-3518.

TRD-9902368

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 21, 1999


Texas Workforce Commission

Notice of Available Funds

Notice of Available Funds for Fiscal Year 2000 for New or Established Apprenticeship Training Programs Not Currently Receiving Funding from the Texas Workforce Commission under the Texas Education Code, Chapter 133.

Filing Authority. The notice of available funds for apprenticeship training programs is authorized under the Texas Education Code, Chapter 133.

Eligible Applicants. The Texas Workforce Commission is requesting preliminary contact-hour estimates from public school districts and state postsecondary institutions for related instruction (apprentice) classes for new or established apprenticeship training programs not currently receiving funding from the Texas Workforce Commission under Texas Education Code, Chapter 133.

Description. Funds will be available for Fiscal Year 2000 (September 1, 1999 - August 31, 2000) to fund programs or new occupations within a program not currently receiving funding under the Texas Education Code, Chapter 133. The purpose of the funds is to provide classroom instruction for related instruction (apprentice) classes of registered apprenticeship training programs. The amount of funding for Fiscal Year 2000 is unknown at this time and is contingent upon appropriation by the state legislature. The Texas Workforce Commission estimates that between $65,000 to $95,000 will be available for new apprenticeship programs.

Qualifications for Funding. To qualify for funding: 1) each apprenticeship training program or new occupation within a program must be certified and registered by the Bureau of Apprenticeship and Training (BAT), U.S. Department of Labor, no later than August 1, 1999; 2) each apprentice must be registered with the BAT in Texas on or before September 1, 1999; 3) each apprentice must be a full-time paid employee in the private sector in Texas; 4) the number of related instruction hours per class must be certified by the BAT as verified in the program standards of the apprenticeship program; 5) a public school district or state postsecondary institution must act as fiscal agent for the funds pursuant to a contract between the apprenticeship program sponsor and the district or institution; 6) the related instruction (apprentice) class must start in September 1999 and conduct its fourth class meeting no later than October 2, 1999.

Dates of Program. Each class may not start before September 1, 1999, and must end on or before August 31, 2000.

Planning Allocation of Funds. The statewide total number of estimated contact hours that are submitted to the Texas Workforce Commission will be divided into the amount of funds available to determine a preliminary contact-hour rate, not to exceed $4.00 per contact hour. Planning allocations are made to eligible applicants based on the number of estimated contact hours submitted to the Texas Workforce Commission, multiplied by the preliminary contact-hour rate.

Use of Funds. Funds are used to supplement the cost of instructor salaries, instructional supplies, instructional equipment, other operating expenses, and administration. No more than 15 percent may be used by the eligible applicants for administrative purposes, such as supervisory and/or secretarial salaries, office supplies, or travel.

Requesting the Forms to Submit Preliminary Estimated Contact Hours. A package of information explaining the process for submitting preliminary contact-hour estimates and the process for submitting an application may be obtained by contacting the Apprenticeship Program at (512) 463-9767 or writing to the Apprenticeship Program, Texas Workforce Commission, 101 East 15th Street, Room 144T, Austin, Texas 78778-0001.

Further Information. For additional information please contact Diane Lamb, Apprenticeship Coordinator, Texas Workforce Commission, at (512) 463-9767.

Deadline for Receipt of Preliminary Contact-Hour Estimates. The Texas Workforce Commission, Apprenticeship Program, must receive preliminary contact-hour estimates for Fiscal Year 2000 apprenticeship training programs no later than 5:00 p.m., Friday, May 28, 1999, to be considered for funding.

TRD-9902203

J. Randel Hill

General Counsel

Texas Workforce Commission

Filed: April 15, 1999


Notice of Public Hearing

To All Persons Interested in the Proposed "Workforce Investment Act Rules" Under Consideration by the Texas Workforce Commission

The Texas Workforce Commission (Commission) will conduct a PUBLIC HEARING at:

10:00 a.m. on

May 13, 1999

101 East 15th Street

Room 244

Austin, Texas 78778.

to receive comments from the public on rules proposed by the Commission and published in the Texas Register on April 16, 1999 at 24 TexReg 3054. The proposed rules concern implementation of the Workforce Investment Act.

Any person may appear and offer comments or statements either verbally or in writing; however, questioning of commenters will be reserved exclusively to the Commission 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 Commission 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 Commission in writing by May 10, 1999.

Copies of the proposed rules may be obtained from the April 16, 1999 issue of the Texas Register or an electronic copy is available on the Texas Workforce Commission website at: http://www.twc.state.tx.us/. From this site, select the following links in this order: "About TWC," "TWC Rules and Governing Statutes," "Proposed Rules," and "Sections 841.1-841.96." You may also request a hard copy by calling Lela Dyson at (512) 936-3141 or by writing to her at Texas Workforce Commission, 101 E. 15th Street, Room 434T, Austin, Texas 78778-0001, or by e-mailing her at lela.dyson@twc.state.tx.us/. All questions, comments and notice of intent to appear should be addressed to Ms. Dyson.

Persons with disabilities who plan to attend this hearing and who may need auxiliary aids, services to special accommodations are requested to contact Carolyn Calhoon at (512) 936-3501 at least two (2) working days prior to the hearing.

TRD-9902204

J. Randel Hill

General Counsel

Texas Workforce Commission

Filed: April 15, 1999