TITLE in-addition

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 May 20, 1999, through May 27, 1999: FEDERAL AGENCY ACTIONS:

Applicant: Odfjell Terminals, Inc.; Location: The project is located in the Bayport Channel, at 12211 Port Road, in Seabrook, Harris County, Texas; Project Number: 99-0192-F1; Description of Proposed Action: The applicant is requesting a 10-year extension of time to perform maintenance dredging immediately in front of their existing commercial dock facility. The original permit (20671), issued on August 26, 1996, authorized the performance of maintenance dredging on 100,000 square feet of barge slip areas numbers 1, 2, 3, and 4 to a depth of -15 feet mean sea level (MSL) and a 560,000-square foot area in front of wharves number 1 and 2 to a depth of -42 feet MSL. This amendment would authorized an additional 10 years of maintenance dredging with the placement of approximately 60,000 cubic yards of material into Placement Areas 14 and 15. Type of Application: U.S.A.C.E. permit application #20671(02) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Seabrook Beach Club; Location: The project is located in Clear Lake, at 3345 NASA Road One, in Seabrook, Harris County, Texas; Project Number: 99-0193-F1; Description of Proposed Action: The applicant is requesting to modify the original permit to relocate the entrance through a proposed breakwater to a point on the western side of the project site. In addition, the applicant proposes to relocate the southwestern breakwater 12 feet closer to the shoreline. Type of Application: U.S.A.C.E. permit application #19954(03) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Texas Parks and Wildlife Department; Location: The project is located in the Sabine Pass Channel, at the Sabine Pass Battleground, in Sabine Pass, Jefferson County, Texas; Project Number: 99-0194-F1; Description of Proposed Action: The applicant proposes to remove an existing boat ramp, and construct a new boat ramp and boat basin for public use. The new ramp and basin would require the excavation of approximately 6,900 cubic yards of dirt. The finished basin and ramp area would be approximately 5,000 square feet in size; Type of Application: U.S.A.C.E. permit application #21662 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Eagle Asphalt Products, Inc.; Location: The project site is located on the Houston Ship Channel, in the proximity of Clinton Drive and Fidelity Street, adjacent to the U.S. Coast Guard Marine Safety Office, in Houston, Harris County, Texas; Project Number: 99-0198-F1; Description of Proposed Action: The applicant proposes to construct a new barge dock. The area will be dredged to a depth of -12 feet mean low tide. Approximately 20,000 cubic yards of material will be removed during the initial dredging operation. The applicant also requests authorization to perform periodic maintenance dredging in this area for a period of 10 years. It is estimated that approximately 5,000 cubic yards of material will be removed every 3 to 5 years; Type of Application: U.S.A.C.E. permit application #21660 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: U.S. Fish and Wildlife Service; Location: The project is located on Clam Lake, within the McFaddin National Wildlife Refuge, adjacent to Clam Lake Road, in Jefferson County, Texas; Project Number: 99-0199-F1; Description of Proposed Action: The applicant is seeking authorization to perform shoreline stabilization activities along six stretches of shoreline totaling approximately 1.25 miles to re-establish the pre-1996 shoreline of Clam Lake. The shoreline stabilization work will involve mechanical dredging and placement of approximately 977 cubic yards of material, excavated from a 2-foot deep by 2-foot wide trench along 1.25 miles of shoreline, in six sections. The re-established shoreline will be secured with filter fabric and covered with approximately 250 cubic yards of sand and gravel blanket base material, and topped with approximately 750 tons of 18-inch nominal riprap. The total area impacted will be approximately 0.6 acres; Type of Application: U.S.A.C.E. permit application #21672 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

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-9903227

Larry R. Soward

Chief Clerk

Coastal Coordination Council

Filed: June 2, 1999

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Articles 1D.003, 1D.005, 1D.008, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003, 1D.005, 1D.008, 1D.009, and 1E.003 Vernon's Texas Civil Statutes) and Section 346.101. Tex. Fin. Code.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 06/07/99 - 06/13/99 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 06/07/99 - 06/13/99 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 3 for the period of 06/01/99 - 06/30/99 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 for the period of 06/01/99 - 06/30/99 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by Art. 1D.008 and 1D.009 for the period of 07/01/99 - 09/30/99 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard quarterly rate as prescribed by Art. 1D.008 and 1D.009 for the period of 07/01/99 - 09/30/99 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by Art. 1D.009 1 for the period of 07/01/99 - 09/30/99 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex. Fin. Code 1 for the period of 07/01/99 - 09/30/99 is 14% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Art. 1D.008 and 1D.009 4 for the period of 07/01/99 - 09/30/99 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Art. 1D.008 and 1D.009 for the period of 07/01/99 - 09/30/99 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by Art. 1D.009 1 for the period of 07/01/99 - 09/30/99 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Art. 1E.003 for the period of 06/01/99 - 06/30/99 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed Art. 1E.003 for the period of 06/01/99 - 06/30/99 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

4 Only for open-end credit as defined in Art. 5069-1B.002(14)V.T.C.S.

TRD-9903246

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 2, 1999

Texas Education Agency

Request for Applications Concerning Adult Education Programs

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Application #701-99-014 from eligible providers. Under the Workforce Investment Act of 1998 (Public Law 105- 220), Title II, Adult Education and Literacy, Section 203(5), eligible providers are: local educational agencies; community-based organizations of demonstrated effectiveness; volunteer literacy organizations of demonstrated effectiveness; institutions of higher education; public or private nonprofit agencies; libraries; public housing authorities; nonprofit institutions not described previously that have the ability to provide literacy services to adults and families; and a consortium of the agencies, organizations, institutions, libraries, or authorities described previously. For-profit entities are not eligible providers. Under state law (Texas Education Code, §29.252), eligible providers for a state grant are: public school districts; public junior colleges; public universities; public nonprofit agencies; and community-based organizations approved in accordance with state statutes and with rules adopted by the State Board of Education (SBOE).

Description. The overall purpose of the federal adult education program is to assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency; assist adults who are parents to obtain the educational skills necessary to become full partners in the educational development of their children; and assist adults in the completion of a secondary school education. The adult education program in Texas provides literacy, English language proficiency for limited English proficient adults, basic academic and functional context skills, and secondary level proficiencies for out-of-school youth and adults who are beyond the age of compulsory school attendance who function at less than a secondary completion level.

Eligible applicants apply directly to TEA for state and federal funds to provide adult education and literacy services. All applications for state and federal adult education programs are to be submitted on TEA Standard Application System forms (SAS 331) which are provided in the RFA. The state plan and SBOE rules require that applicants have at least one year of experience in providing the adult education and literacy services proposed in the application. Eligible providers are encouraged to maximize the fiscal resources available for service to undereducated adults and avoid unproductive duplication of services and excessive administrative costs by forming consortia or cooperatives and using fiscal agents as authorized by federal regulations and SBOE rules. Applicants that are not public education entities must submit indicators of financial stability with the application to TEA. All nonprofit organizations, including public charter schools, are required to submit proof of nonprofit status. Other conditions for submittal of applications and funding are contained in the RFA.

Successful applicants must agree to submit individual student data in TEA's adult education management information system, ACES; implement the adult education assessment system as described in the RFA; and report expenditures as described in the RFA.

A teleconference on applying for adult education funds will be held via the Texas Educational Telecommunications System on June 16, 1999, from 9 a.m. until 3 p.m. Individuals wishing to participate in the teleconference can attend at the regional education service center facility closest to them. Information on registering for the workshop may be obtained by calling (512) 463-9294. Workshop participants must register for the teleconference no later than 5:00 p.m. on June 14, 1999.

Dates of Project. The Adult Education Program will be implemented during fiscal year 1999-2000. Applicants should plan for a starting date of no earlier than August 1, 1999, and an ending date of no later than June 30, 2000.

Project Amount. Eligible providers may compete for federal and state adult education funds allocated to each school district region to provide services to a school district region, a portion of a school district region (based on the numbers of undereducated adults to be served), to multiple school district regions, to a county, to a portion of a county, or to multiple counties, to serve adults from that geographic area. This project is funded 75.5% from federal funds ($21,266,050) and 24.5 % from nonfederal sources ($6,885,700).

Selection Criteria. Awards will be considered on the basis of total points awarded. Criteria for the award of points are contained in the RFA. Applicants must achieve an overall criterion score of 70 and address all requirements satisfactorily in order to be considered for funding. Special emphasis is placed in the review process to ensure that applicants place priority on recruiting and serving educationally disadvantaged adults, especially those who are most in need of literacy services, including low-income adults and those with minimal literacy skills.

TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to the RFA. The RFA does not commit TEA to pay any costs before an application is approved. The issuance of the 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 #701-99-014 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; by calling (512) 463-9304; or by faxing the request to (512) 463-9811. Please refer to the RFA number in your request.

Further Information. For clarifying information about the RFA, contact: Dr. Deborah Stedman, Division of Adult and Community Education, Texas Education Agency, Room 3-122, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9294.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Monday, July 26, 1999, to be considered for funding.

TRD-9903228

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: June 2, 1999

Request for Applications Concerning Even Start Family Literacy, School Year 1999–2000

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-99-015, authorized by the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994, Public Law 103-382, Title I, Part B, Even Start Family Literacy Programs. Applications are being requested from a local education agency applying in partnership with a community- based organization, a public agency, an institution of higher education, or other nonprofit organization; or a community-based organization or other nonprofit organization of demonstrated quality applying in partnership with a local education agency; or an education service center applying as a fiscal agent of a shared services arrangement of school districts in partnership with a community-based organization, a public agency, an institution of higher education or other nonprofit organization to develop a program to improve the educational opportunities of children and adults by integrating early childhood and adult education for parents into a unified program.

Description. The overall objectives of the Even Start Family Literacy Program include the following: (1) provide family-centered education projects that help parents become full partners in the education of their children; (2) assist children receiving early childhood education in reaching their full potential as learners; (3) provide literacy training for parents of family units participating in the project; (4) improve the educational opportunities of the nation's children and adults by integrating early childhood education and adult education for parents into a unified program; (5) assist families with parenting strategies in child growth and development and educational process for children from birth through age seven; and (6) coordinate efforts that build on existing community resources to create a new range of services.

To qualify for this program, a family must be in need of the Even Start services, as indicated by a low-level income, a low level of adult literacy or English language proficiency of the eligible parent or parents, and other need-related indicators. Eligible participants in this program are as follows: a parent or parents who are eligible for participation in an adult basic education program under the Adult Education and Family Literacy Act; or a parent or parents who are within Texas' compulsory school attendance age range, so long as a local education agency provides (or ensures the availability of) the basic education component; and a child or children, from birth through age seven, of the parents as described previously. The family must participate in all elements of the program.

Dates of Project. The Even Start Family Literacy Program will be implemented during the 1999-2000 school year. Applicants should plan for a starting date of no earlier than September 1, 1999, and an ending date of no later than August 31, 2000.

Project Amount. Funding will be provided for approximately 17 projects. Federal law requires that each grant be at least $75,000 per year. The maximum amount is limited to $200,000 per year. Funding for continuation of the project each year, for up to four years, will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the commissioner of education and the state legislature. This project is funded 90% from Title I federal funds ($3,497,489) and 10% from nonfederal sources ($388,610) at the local level. Cost sharing required at the local level for the four years will be: 10% of the total cost of the program in the first year the eligible entity receives assistance; 20% in the second year; 30% in the third year; 40% in the fourth year; and 50% for any program re-funded for another four years.

Selection Criteria. Applications will be selected based on the independent reviewer's assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objective(s) and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding.

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

Requesting the Application. A complete copy of RFA #701-99-015 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; by calling (512) 463-9304; or by faxing the request to (512) 463-9811. Please refer to the RFA number in your request.

Further Information. For clarifying information about the RFA, contact Rachel Lane or Effie Franklin, Division of Adult and Community Education, Texas Education Agency, (512) 463-9294.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, July 22, 1999, to be considered.

TRD-9903229

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: June 2, 1999

Texas Department of Housing and Community Affairs

Announcement of Request for Proposals from Nonprofit Organizations to Provide Homebuyer Education and Housing Counseling Services to Prospective Homebuyers

Section 2306.253 of the Texas Government Code charged the Texas Department of Housing and Community Affairs (TDHCA) with the development and implementation of a statewide homebuyer education program, designed to provide information and counseling to prospective homebuyers about the home buying process. The Texas Statewide Homebuyer Education Program (TSHEP) was created to fulfill this mandate.

TDHCA is seeking proposals from nonprofit organizations throughout the State of Texas to provide homebuyer education and housing counseling services to perspective homebuyers. Such nonprofit organizations may include units of local governments, faith-based organizations, Community Housing Development Organizations (CHDOs), Community Development Corporations (CDCs), Community Based Organizations (CBOs), and other organizations with a proven interest in community building. Specifically, TDHCA would like to see existing providers expand their current services to help reach underserved areas of the State, as well as traditionally underserved populations (e.g. persons with disabilities, lower income families/individuals, and minorities).

Points will be awarded to proposals submitted to TDHCA within the parameters of the Request for Proposals according to the content of each proposal regarding the experience of the applicant and the services to be rendered to TDHCA.

For more information or to request a proposal package, please contact the Office of Strategic Planning/Housing Resource Center at 1-877-895-1093 or email sdale@tdhca.state.tx.us.

Please direct completed proposals to:

Texas Department of Housing and Community Affairs

Office of Strategic Planning/Housing Resource Center

Attn: John L. Garvin

P.O. Box 13941

Austin, TX 78711-3941

Physical Address

507 Sabine, Suite 900

Austin, TX 78701

Questions concerning this Request for Proposal may be directed in writing to TDHCA, attention John L. Garvin, Director, Office of Strategic Planning.

Proposals must be received by TDHCA no later than 5:00 p.m. on Friday, July 16, 1999.

Faxed or e-mailed applications will not be accepted.

Awards will be made as grants. The Department's Board reserves the right to change the award amount or to award less than the requested amount.

Individuals who require auxilary aids or services should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate arrangements can be made.

TRD-9903240

Daisy Stiner

Acting Executive Director

Texas Department of Housing and Community Affairs

Filed: June 2, 1999

Texas Department of Human Services

Announcement of Available Funds and Request for Proposals for Refugee Social Services

The Texas Department of Human Services is pleased to announce the availability of Refugee Social Services funds from the federal Office of Refugee Resettlement (ORR) in the Department of Health and Human Services. The Refugee Social Services program provides employment and training services, English as a Second Language instruction, and health and emergency services through local contracts in areas of the State with the largest number of refugee arrivals; Amarillo, Austin, Dallas, Fort Worth, Houston, and San Antonio. The estimated amount of funds available for the State is $3,000,000; with funds allocated to each local area based on the number of refugee arrivals, other impact criteria and need. The allocation amounts per service and per geographic area are listed in the Request for Proposals (RFP).

The Code of Federal Regulations (CFR) 45, parts 400 and 401, give the State the authority to contract with public and private agencies for the provision of Refugee Social Services. In Texas, the Department of Human Services (DHS) is the single state agency responsible for the administration of the Refugee Social Services program. Within DHS, the Office of Immigration and Refugee Affairs is the entity responsible for the direct management of the Refugee Social Services program.

Funds will be awarded on a competitive basis to public or private agencies, which can demonstrate the greatest aptitude for effectively serving the target population: persons admitted to the United States as "refugees" under section 207 of the Immigration and Nationality Act (INA) or granted asylum under section 208 of the INA. Eligibility also includes Cubans and Haitians under section 501 of the refugee Education Assistance Act of 1980 (P.L. 96-422); certain Amerasians from Vietnam who were admitted to the U.S. as immigrants under section 584 of the foreign Operations, Export Financing and Related Programs Appropriations Act of 1998. Eligible persons must process original Immigration and Naturalization Services (INS) documents which verify admission status under one of the above laws including persons admitted to the United States by the Immigration and Naturalization Services (INS) under sections 207 and 208 of the Immigration and Nationality Act, Amerasians from Vietnam and Cuban and Hatian Entrants.

APPLICATION DEADLINE: Five copies of the proposal must be mailed or delivered, not faxed, to: Caitriona Lyons, Texas Department of Human Services, 701 West 51st Street, P.O. Box 149030, Austin, Texas, 78714-9030. Proposals must be received no later than 5 p.m. CST on July 23, 1999. Proposals received after this date/time, or faxed copies, will not be considered.

PROPOSAL EVALUATION AND FUNDING AWARD: The final selection of contractors shall be made by representatives of the Office of Immigration and Refugee Affairs in accordance with applicable state and federal laws. The evaluation criteria and scores for each are contained on the RFP document. A copy of the RFP will be sent to you upon written request submitted to Caitriona Lyons at the address listed above.

TRD-9903241

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: June 2, 1999

Request for Proposals for Legal Services

The Texas Department of Human Services (TDHS) requests proposals from law firms or attorneys interested in providing TDHS with immediate and highly specialized legal assistance in a procurement of multiple contracts to implement and operate an electronic benefit transfer (EBT) system.

Texas' current EBT contract will conclude in February 2001. To ensure no disruption in delivery of client benefits, TDHS is now developing multiple Requests For Offer (RFOs) for various aspects of the EBT system. The development, transition, implementation and management of these contracts will be a lengthy process involving a complex transition from the current vendor to a new method of operation intended to maximize competitive alternatives. The Department needs immediate and highly specialized legal assistance from outside counsel with expertise in intellectual property law and experience working with government entities on computer related contracts, especially those involving EBT systems. Among the legal services being requested are the following specific tasks: Provide a complete legal review of multiple EBT RFOs in July 1999. Provide technical counsel during the evaluations and negotiations of the EBT RFO responses during January and February 2000. Assist in the drafting and negotiation of the EBT contracts awarded as a result of the RFO in February 2000.

TDHS reserves the right to reject any and all proposals received in response to this Request for Proposals (RFP) and to cancel the request if it is deemed in the interest of TDHS. Issuance of this RFP in no way constitutes a commitment by TDHS to award a contract or to pay any legal services incurred in the preparation of a response to this RFP.

Responses to this RFP should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in EBT and/or electronic funds transfer procurements and contracts; (2) a description of the firm's or attorney's past experience as counsel for other state agencies regarding EBT and/or electronic funds transfer procurements and contracts; (3) the names, experience, and technical expertise of each attorney who may be assigned to work of such matters, and the availability of the lead attorney and others assigned to the project; (4) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to this matter, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls and billable expenses; (5) disclosures of conflicts of interest identifying each and every matter in which the firm has, within the past calendar year represented any entity or individual with an interest adverse to TDHS or the State of Texas as well as any entity likely to be a potential bidder on any of the RFOs being developed; and (6) confirmation of willingness to comply with policies, directives, and guidelines of TDHS and the Attorney General of Texas.

SUBMITTAL OF PROPOSALS: All responses must be received by the TDHS Office of General Counsel at the address set forth above no later than 5:00 p.m. CST on June 21, 1999.

The proposal submitted to the Department must demonstrate that the offeror is capable of performing, and willing to provide the services. The Department reserves the right to change, add, or delete contract deliverables prior to selection. Following selection of contractor, the Department and the successful offeror may negotiate mutually-agreed-upon changes, additions, or deletions of the specified services in this RFP during contract finalization and the term of the contract, only if it is in the best interest of the Department to do so.

LATE/PARTIAL OFFERS will not be accepted. The Department may reject any or all offers, if it is in the Department's best interest. All offers must set forth full, accurate and complete information as required by this RFP. Information stated in the offer is subject to Departmental validation.

CORRECTIONS/MODIFICATIONS/WITHDRAWALS: The Department reserves the right to withdraw, change, or correct this RFP, at any time, by publication in the Texas Register .

An offeror who wishes to modify or withdraw his offer before the established closing date may do so by mail or by coming to the address designated for submission of proposals.

For WITHDRAWALS of an offer, the offeror must submit a letter requesting withdrawal of the offer no later than the closing date established for contract award. The signature(s) on the letter must be the same as the signature on the offer.

For MODIFICATIONS, the offeror must submit an original or the modified page(s) and the appropriate number of copies to be substituted in the previously submitted offer. The modifications are submitted with a letter documenting the changes and the specific pages for substitution. The signature(s) on the letter must be the same as the signature(s) on the offer. Modifications are accepted by the Department no later than the established proposal submittal date, if the correction does not have a positive or negative effect on the competitiveness of other offerors, except for modifications to the proposal that result from negotiations.

For CORRECTIONS, the Department may allow correction of any apparent clerical mistakes prior to award.

CONFIDENTIALITY: No potential contractor is given information that will give him a competitive advantage over the other potential contractors. Unless exempt from the Texas Open Records Act, all information in an offer is confidential only until the department sends both written notification to the successful offeror(s) and written notification of non-selection to the unsuccessful offerers.

SELECTION AND NOTIFICATION: The Department reviews the offers received to determine if they are responsive and then ranks them based on the evaluation criteria. For an offer to be considered responsive: the offer must have been submitted by the due date for proposals; the offer must be complete with required signature(s); the offer meets the service description; the total funding requested in the offer is reasonable in terms of available funds, etc.

The Department will exclude from further consideration for contract award any non-responsive offer or portion of an offer. The Department will notify the offeror by mail of the decision.

After the review of offers for responsiveness: if there is only one interested offeror, a contract may be negotiated, if the offer is responsive. If several responsive offers are received, the Department may select the most acceptable offer based on the scoring of the evaluation criteria, or negotiate with any and/or all acceptable offerors and select the best offer based on the scoring of amended offers submitted after negotiations.

When a selection decision is made, the Department's contact person notifies all responsive offerors of the decision by mail.

NEGOTIATION may be conducted either to complete the procurement process or to complete an evaluation. Negotiations may include clarifications, improvements, and revisions to the original offer including legal assistance with other automation projects.

CONTACT: All inquiries about this request for proposals should be directed to Paul Leche, General Counsel (W-615), Texas Department of Human Services, P. O. Box 149030, Austin, Texas, 78714-9030, telephone (512) 438-3106. Communication with any Department personnel other than the Department's contact person, in reference to this RFP, is prohibited unless approval is granted by the contact person.

TRD-9903242

Paul Leche

Agency Liaison

Texas Department of Human Services

Filed: June 2, 1999

Texas Department of Insurance

Insurer Services

The following application has been filed with the Texas Department of Insurance and is under consideration:

Application to change the name of BAY COLONY INSURANCE COMPANY to GE AUTO & HOME ASSURANCE COMPANY, a foreign fire and casualty company. The home office is in Norristown, Pennsylvania.

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-9903233

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 2, 1999

Notice of Public Hearing

The Commissioner of Insurance, at a public hearing under Docket Number 2410 scheduled for July 27, 1999 at 9:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1998, 1999, and 2000 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0599-06-I), was filed on May 28, 1999.

The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 1998, 1999, and 2000 model vehicles.

A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6326; refer to (Ref. No. A-0599-06-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, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas, 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Automobile and Homeowners Division, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas, 78714-9104.

This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

TRD-9903232

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 2, 1999

Texas Natural Resource Conservation Commission

Corrections of Error

The Texas Natural Resource Conservation Commission proposed amendments to §335.1 and §335.2 and new §335.25. The rules appeared in the May 21, 1999, issue of the Texas Register (24 TexReg 3829).

Due to agency error: On page 3832, preamble, under submittal of comments, second sentence should read “All comments must be received by June 21, 1999, and should reference Rule Log No. 97157-335-WS.”

The Texas Natural Resource Conservation Commission submitted a Notice of Public Hearings. The hearings appeared in the May 14, 1999, issue of the Texas Register (24 TexReg 3788).

Due to agency error: On page 3788, second column, third paragraph, the date for submittal of comments should read “June 21, 1999”, instead of “June 14, 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 July 11, 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 July 11, 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: William Frank; DOCKET NUMBER: 1998-0458-EAQ-E; TNRCC IDENTIFICATION (ID) NUMBER: 12447; LOCATION: Jerrell, Williamson County, Texas; TYPE OF FACILITY: property owner; RULES VIOLATED: 30 TAC §213.4(a) by allowing excavation of limestone to occur on this site without submitting an Edwards Aquifer protection plan and by failing to obtain TNRCC approval prior to construction; PENALTY:$1,000; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2)COMPANY: Haji Memon and Peach Tree Stores, Incorporated; DOCKET NUMBER: 1998- 0652-PST-E; TNRCC ID NUMBER: 39407; LOCATION: 11111 Kingsley, Suite 101, Dallas, Dallas County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §115.242(3)(A) and (J) by failing to provide and maintain all components of the Stage II vapor recovery system (VRS) in proper operating condition and free of defects that would impair the effectiveness of the system; 30 TAC§115.244(3) and §115.246(7)(A) by failing to conduct monthly inspections of the Stage II VRS and by failing to maintain records on site; 30 TAC §115.245(2) by failing to conduct an annual pressure decay test; 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I) and the Code, §26.348 by failing to record the inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank daily, and reconcile inventory records at least once a month; and 30 TAC §334.7(d)(3) and the Code, §26.346 by failing to file any change or addition to the registration of the USTs within 30 days after the date of occurrence; PENALTY: $26,250; STAFF ATTORNEY: Cecily Small Gooch, Litigation Division, MC R-4, Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9903208

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 28, 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 July 11, 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 July 11, 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: May Carson doing business as Cornudas Restaurant and Caf‚ Water System; DOCKET NUMBER: 1996-1966-PWS-E; TNRCC IDENTIFICATION (ID) NUMBER: 1150013; LOCATION: Salt Flat, Hudspeth County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.42(e)(2) by failing to provide disinfection of all water prior to distribution; 30 TAC §290.46(f)(2) by failing to measure the disinfectant residual with a test kit which employs a diethyl-p-phenylenediamine indicator; 30 TAC §290.45(c)(1)(A)(ii) by failing to provide a pressure tank capacity of ten gallons per unit with a minimum of 220 gallons; 30 TAC §290.41(c)(3)(B), (J), (K), (M), (N), and (O) by failing to extend the well casing to a point 18 inches above the elevation of the finished floor of the pump house or natural ground surface and a minimum of one inch above the sealing block or pump motor foundation block, to provide the well with a concrete sealing block extending at least three feet in all directions, to provide a suitable screened casing vent for the well, to provide the well with a flow measuring device to measure production yields, to provide for the accumulation of water production data, and to protect the well site with an intruder-resistant fence or locate the well in a locked, ventilated well house to exclude possible contamination or damage to the facilities by trespassers; 30 TAC §290.41(c)(1)(F) by failing to protect the system's facilities by establishing a 150-foot radius sanitary control easement prohibiting all septic tanks within 50 feet of the well and open jointed drainfields within a 150-foot radius of each well; and 30 TAC §290.43(c)(1) and (2) by failing to provide the system's water storage reservoir with an acceptable gooseneck or roof ventilator type vent, with the opening protected by a 16-mesh or finer corrosion-resistant screen and to lock the storage reservoir roof hatch; PENALTY: $880; STAFF ATTORNEY: Heather Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(2)COMPANY: Exxon Company, U.S.A.; DOCKET NUMBER: 1998-1161-PST-E; TNRCC ID Number: 26685; LOCATION: 5915 Chimney Rock, Houston, Harris County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §115.246(3) and (6) and Texas Health and Safety Code (THSC), §382.085(b) by failing to maintain a record of maintenance and daily inspections conducted at the facility; PENALTY: $10,000; STAFF ATTORNEY: Richard O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3)COMPANY: FKP, Incorporated; DOCKET NUMBER: 1998-0912-IWD-E; TNRCC ID NUMBER: 03889; LOCATION: 1050 Jefferson Road, Pasadena, Harris County, Texas; TYPE OF FACILITY: gypsum pile; RULES VIOLATED: TNRCC Permit Number 03889 and the Code, §26.121 by causing, suffering, allowing, and/or permitting the unauthorized discharge of approximately 6.6 million gallons of process wastewater and storm water from the facility's gypsum evaporation pond into the Houston Ship Channel; PENALTY: $16,650; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4)COMPANY: Permian Producers, Incorporated; DOCKET NUMBER: 1997-0829-AIR-E; TNRCC ID NUMBER: ML0319T; LOCATION: 4809 County Road 1310 South, Midland, Midland County, Texas; TYPE OF FACILITY: outdoor spray painting and sandblasting; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) by constructing and operating surface coating and sandblasting operations without first obtaining a permit or satisfying the conditions for a standard exemption; and 30 TAC §101.4 and THSC, §382.085(a) by creating a nuisance condition by causing overspray originating from the surface coating operation in the facility leading to property damage; PENALTY: $5,000; STAFF ATTORNEY: William Puplampu, Litigation Division, MC 175, (512) 239-0677; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(5)COMPANY: Sammy's Grocery, Incorporated; DOCKET NUMBER: 1998-1259-PST-E; TNRCC ID NUMBER: 1998-1259-PST-E; LOCATION: 13110 Crosby Lynchburg, Crosby, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1) and (3) and Texas Clean Air Act (the Act), §382.085(b) by failing to maintain the appropriate California Air Resources Board Executive Order and the Stage II maintenance log; 30 TAC §115.248(1) and the Act, §382.085(b) by failing to train a Stage II vapor recovery station representative; 30 TAC §115.245(1) and the Act, §382.085(b) by failing to conduct required Stage II testing; 30 TAC §115.244(1) and the Act, §382.085(b) by failing to conduct daily inspections of the Stage II vapor recovery equipment; and 30 TAC §115.242(9) and the Act, §382.085(b) by failing to post operating instructions on all dispensers; PENALTY: $5,000; STAFF ATTORNEY: Laura Kohansov, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6)COMPANY: Zubada Memon Enterprises, Incorporated and Anees Admani dba AZ Food Store; DOCKET NUMBER: 1998-1176-PST-E; TNRCC ID NUMBER: 0049655; LOCATION: 1756 Westheimer, Houston, Harris County, Texas; TYPE OF FACILITY: USTs; RULES VIOLATED: 30 TAC §115.246(3) by failing to keep required Stage II maintenance records at the facility; 30 TAC §115.244(1) and the Act, §382.085(b) by failing to perform required Stage II vapor recovery system (VRS) daily inspections; and 30 TAC §115.245(2) and the Act, §382.085(b) by failing to successfully perform the annual pressure decay tests required for Stage II VRS; PENALTY: $5,000; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175, (512) 239-6005; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9903209

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 28, 1999

Notice of Public Hearing

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 115, concerning the vent gas rule exemption for pulp and paper mills.

The commission proposes an amendment to §115.127, concerning Exemptions. The amendment would revise the vent gas rule by extending the 30,000 parts per million (ppm) concentration limit exemption for pulp and paper mills until April 15, 2001. The mills will become subject to the lower 612 ppm exemption limit after April 15, 2001. The current rule requires compliance by November 15, 1999.

A public hearing on the proposal will be held July 8, 1999, at 10:00 a.m. in Room 5108 of Texas Natural Resource Conservation Commission Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., July 12, 1999, and should reference Rule Log Number 98057-115-AI. For further information, please contact Ann Hammer, (512) 239-6255.

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

TRD-9903197

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 28, 1999

Notice of Water Quality Applications

The following notices were issued during the period of May 17, 1999 through June 1, 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 AFTER NEWSPAPER PUBLICATION OF THE NOTICE.

GATX TERMINALS CORPORATION has applied for a major amendment to TNRCC Permit Number 00413 to authorize the addition of Outfall 010 for the discharge of stormwater on an intermittent and flow variable basis; the removal of Outfall 003; the addition of hydrostatic test water and boiler blowdown on an intermittent, flow variable basis to Outfall 005; and the removal of boiler blowdown from Outfall 006. The current permit authorizes the discharge of stormwater runoff on an intermittent and flow variable basis via Outfalls 001 and 002 which will remain the same; stormwater on an intermittent and flow variable basis via Outfall 005; stormwater runoff, boiler blowdown, and hydrostatic test water on an intermittent and flow variable basis via Outfall 006; and stormwater runoff and hydrostatic test water via Outfalls 007, 008, and 009, which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit Number TX00005819 issued on March 20, 1987 and TNRCC Permit Number 00413. The applicant operates a bulk liquid storage terminal. The plant site is located at 906 Clinton Drive, approximately 0.25 miles west of the Washburn Tunnel along the north shore of the Houston Ship Channel in the City of Galena Park, Harris County, Texas.

SAN MIGUEL ELECTRIC COOPERATIVE has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit Number 02043 to authorize the addition of discharge points for mine pit water and stormwater. The current permit authorizes the discharge of mine pit water and stormwater on a intermittent and flow variable basis via Outfalls 001, 002, 003, 004 and 005. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit Number TX0083445 issued on March 11, 1988 and TNRCC Permit Number 02043. The applicant operates a lignite mine. The plant site is located on Farm-to-Market Road 3387, six miles east of Highway 16 and south of the City of Christine, Atascosa and McMullen Counties, Texas.

HANSON AGGREGATES WEST, INC., have applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0088099 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 02519. The draft permit authorizes the discharge of groundwater and stormwater for mine dewatering at a daily average flow not to exceed 7,200,000 gallons per day via Outfall 001. The applicant operates a sand and gravel mine. The plant site is located approximately eight miles east of the City of Ferris, one-half mile northeast of the termination of Farm-to-Market Road 780 in Ellis County, Texas.

IGLOO PRODUCTS, CORP., has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0079057 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 02229. The draft permit authorizes an intermittent flow variable discharge of cooling tower blowdown, treated domestic wastewater, and stormwater via Outfall 001. The applicant operates a plastic container manufacturing facility. The plant site is located 30603 Katy- Brookshire Road adjacent to and south of U.S. Highway 90, approximately 750 feet west of the Willow Fork of Buffalo Bayou in Waller County, Texas.

CONROE INDEPENDENT SCHOOL DISTRICT, 702 North Thompson, Conroe, Texas 77301, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 13690-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The plant site is located approximately 2,000 feet south of Farm-to-Market Road 2090 and 600 feet west of Farm-to-Market Road 1485 and 10 miles southeast of the City of Conroe in Montgomery County, Texas.

BAHRAM SOLHJOU has applied for a major amendment to TNRCC Permit Number 12882- 001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 12,000 gallons per day to a daily average flow not to exceed 30,000 gallons per day. The plant site is located 0.5 mile west-northwest of the intersection of Gulf Bank Road and Hardy Toll Road in the City of Houston in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT Number 11 has applied for a renewal of TNRCC Permit Number 11351-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The plant site is located approximately 500 feet west of the intersection of Steubner-Airline Road and Aldine Western Road and south of and adjacent to Harris County Flood Control Ditch P148-00-00 in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT Number 365 has applied for a renewal of TNRCC Permit Number 13881-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The plant site is located approximately 250 feet north of Jarvis Road and 3,150 feet east of Skinner Road in Harris County, Texas.

HARRIS COUNTY FRESH WATER SUPPLY DISTRICT Number 61 has applied for a renewal of TNRCC Permit Number 10876-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The plant site is located on the southern bank of Whiteoak Bayou, approximately 2,000 feet north of Farm-to-Market Road 1960 and 6,000 feet east of Huffmeister Road in Harris County, Texas

CITY OF WEINERT has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 11018-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The plant site is located approximately 3,500 feet southwest of the intersection of State Highway 617 and State Highway Spur 203 and approximately 1,500 feet south of State Highway 617 in Haskell County, Texas.

BLUE WATER OAKS PROPERTY OWNERS ASSOCIATION SEWER SERVICE AND WATER SUPPLY CORPORATION has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 11429-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The plant site is located approximately 1000 feet west of the extreme southern shore of Lake Alvarado and approximately 3000 feet east of County Road 313 in Johnson County, Texas

U.S. DEPARTMENT OF THE ARMY has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0063886 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 02230. The draft permit authorizes the discharge of vehicle and aircraft washwater and storm water runoff at a daily average flow not to exceed 0.06 gallons per day (dry weather flow) via Outfall 001. The plant site is located within the boundaries of Fort Hood in Bell County, Texas.

U.S. ARMY CORPS OF ENGINEERS has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0057878 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12061-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 17,000 gallons per day. The plant site is located in Lavonia Park, immediately northeast of Lavon Dam, on the southeast side of Lake Lavon, at a point approximately 1.4 miles southwest of the intersection of State Highway 78 and Farm-to- Market Road 6 in Collin County, Texas

CROSBY MUNICIPAL UTILITY DISTRICT has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0054151 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11388-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 770,000 gallons per day. The plant site is located at 5703 Avenue E approximately one-half mile southwest of the intersection of Farm-to-Market Road 2100 and the Southern Pacific Railroad in the City of Crosby in Harris County, Texas.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, P.O. Box 4011, Huntsville, Texas 77342, has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0085511 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12300-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The plant site is located within the boundaries of the Ramsey State Prison Farm on the eastern side of the prison property, approximately 0.4 mile south of the Farm-to-Market Road 655 and approximately 1.8 miles due west of the intersection of Farm-to-Market Road 655 and State Highway 288 in Brazoria County, Texas

TEXAS AIRSTREAM HARBOR, INC. has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0068039 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11895-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The plant site is located approximately 0.5 of a mile northwest of State Highway 147 at a point approximately 300 feet southerly from the shoreline of Sam Rayburn Reservoir and approximately 5 miles northeast of the City of Zavalla in Angelina County, Texas.

STEAMBOAT SHORES OWNER'S ASSOCIATION has applied for a renewal of TNRCC Permit Number 13659-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 13,500 gallons per day. The plant site is located on the south bank of Lake Fork Reservoir between Penson Spring Branch and Boardtree Branch, approximately 1.2 miles north of the intersection of Farm-to-Market Road 2946 and Farm-to-Market Road 515 in Rains County, Texas.

333 CONSTRUCTION, INC. has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0083836 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12238-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The plant site is located adjacent to and on the east side of Hardy Road, approximately 1000 feet south of the intersection of Hardy Road and Richey Road in Harris County, Texas.

Notice of Water Quality Applications(CAFO)

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.

WILBER C. & CLYDE W. MCCLOY, have applied to the Texas Natural Resource Conservation Commission (TNRCC) for a TPDES Permit Number 03655 to replace and renew state permit Number 03655 to authorize the applicant to operate an existing beef cattle operation at a maximum capacity of 2,500 head in Hutchinson County, Texas. No discharge of pollutants into the waters in the state is authorized by this Permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located northwest of Pringle, TX. From Pringle, go 3.5 miles west on Farm to Market Road 1598, then 2.5 miles north on a paved county road. The feedyard is located on the east side of the paved county road. The facility is located in the drainage area of South Palo Duro Creek in Segment Number 0100 of the Canadian River Basin.

VALL, INC. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new TPDES Permit Number 04087 to authorize the applicant to operate a new swine facility at a maximum capacity of 54,000 head in Sherman County, Texas. The facility will generate, collect and treat animal waste and wastewater on-site. All waste and wastewater will be beneficially used on agricultural land. The proposed facility will be located at the intersection of Highway 54 and Highway 119 approximately 15 miles south on Highway 119, then approximately 3 miles east of said Highway. The facility will be located approximately 14 miles south of the city of Texhoma in Sherman County, Texas. The facility will be in the drainage area of Coldwater Creek in Segment Number 0100 of the Canadian River Basin.

BOB CROUCH has applied to the Texas Natural Resource Conservation Commission (TNRCC) for TPDES Permit 03216 to authorize the applicant to expand an existing dairy operation to a maximum capacity of 1,500 head in Erath County, Texas. No discharge of pollutants into the waters in the state is authorized by this permit. All waste and wastewater will be beneficially used on agricultural land. The existing facility is located on the northwest corner of the intersection of Farm-to-Market Road 219 and Farm-to-Market Road 2156 approximately two miles northwest of Dublin in Erath County. The facility is located in the drainage area of the North Bosque River in Segment 1226 and the Leon River below Leon Reservoir in Segment 1223 of the Brazos River Basin.

TRD-9903223

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 1, 1999

Notice of Water Rights Applications

J. I. Ginnings, 900 8th Street, Suite 820, Wichita Falls, Texas 76301, applicant, seeks a permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The applicant seeks authorization to divert an amount not to exceed 797.4 acre-feet per year from the Red River for irrigation of 498 acres of land within four tracts totaling 725 acres in the William Lankford Survey, Abstract No. 705, Grayson 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, 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 the 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, 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, 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-9903222

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 1, 1999

Proposal for Decision

The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 27, 1999 on Raul Chavez and Audelio ribe, d/b/a Encon Environmental Services, Inc.; SOAH Docket Number 582-99-0207; TNRCC Docket Number 98-0862-IHW-E; In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

LaDonna Castañuela, Chief Clerk, Texas Natural Resource Conservation Commission.

Proposal for Decision

The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 28, 1999 on Executive Director's Report and Petition Assessing Administrative Penalties and Requiring Certain Actions of Sullivan Enterprises, Inc., Texas International Terminals Inc., and 5600 PIB Corp.; SOAH Docket Number 582-98-2071; TNRCC Docket Number 98-0675-MSW-E; In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

LaDonna Castañuela, Chief Clerk, Texas Natural Resource Conservation Commission.

Proposal for Decision

The State Office Administrative Hearing has issued Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 28, 1999 on Executive Director's Preliminary Report Assessing Administrative Penalties and Requiring Certain Actions of Tim Britten dba Jackrabbit Filters; SOAH Docket Number 582-99-0148; TNRCC Docket Number 98-0481- IHW-E; In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication.

LaDonna Castañuela, Chief Clerk, Texas Natural Resource Conservation Commission.

TRD-9903221

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: June 1, 1999

Public Utility Commission of Texas

Notices of Application 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 May 28, 1999 to introduce new or modified rates or terms pursuant to Public Utility Commission Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Application of Contel of Texas, Inc. to Offer Non Recurring Charge Waiver Statewide for New Single Line and Multi-Line Business Customers Ordering Specified Custom Calling/CLASS Services Pursuant to Public Utility Commission Substantive Rule §23.25. Tariff Control Number 20928.

The Application: Contel of Texas, Inc. has notified the Public Utility Commission of Texas that it is waiving the nonrecurring charge for new single line and multi-line business customers ordering specified Custom Calling/CLASS Services during the promotional period of July 1 through September 28, 1999. In addition, a free Caller ID display unit is being provided to new business subscribers of Caller ID-Number or Caller ID-Name and Number.

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

TRD-9903243

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 2, 1999

Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 28, 1999 to introduce new or modified rates or terms pursuant to Public Utility Commission Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Application of GTE-Southwest, Inc. to Offer Nonrecurring Charge Waiver Statewide for New Single Line and Multi-Line Business Customers Ordering Specified Custom Calling/CLASS Services Pursuant to Public Utility Commission Substantive Rule §23.25. Tariff Control Number 20929.

The Application: GTE-Southwest, Inc. has notified the Public Utility Commission of Texas that it is waiving the nonrecurring charge for new single line and multi-line business customers ordering specified Custom Calling/CLASS Services during the promotional period of July 1 through September 28, 1999. In addition, a free Caller ID display unit is being provided to new business subscribers of Caller ID-Number or Caller ID-Name and Number.

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

TRD-9903244

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 2, 1999

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

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

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Waco ISD in Waco, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20905.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for a new PLEXAR-Custom service for Waco ISD in Waco, 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 Waco exchange, and the geographic market for this specific PLEXAR-Custom service is the Waco 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-9903216

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 1, 1999

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

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Victoria ISD in Victoria, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20908.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for a new PLEXAR-Custom service for Victoria ISD in Victoria, 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 Victoria exchange, and the geographic market for this specific PLEXAR-Custom service is the Corpus Christi 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-9903217

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 1, 1999

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

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Klein ISD in Spring, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20909.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for a new PLEXAR-Custom service for Klein ISD in Spring, 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 Spring exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston LATA.

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

TRD-9903218

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 1, 1999

Notice is given to the public of the intent to file with the Public Utility Commission of Texas of an application pursuant to P.U.C. Substantive Rule §23.27 for a new PLEXAR-Custom service for Calallen Independent School District (ISD) in Corpus Christi, Texas.

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Calallen ISD in Corpus Christi, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20910.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for a new PLEXAR-Custom service for Calallen ISD in Corpus Christi, 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 Corpus Christi exchange, and the geographic market for this specific PLEXAR-Custom service is the Corpus Christi 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-9903219

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 1, 1999

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

Tariff Title and Number: Southwestern Bell Telephone Company Notice of Intent to File an Application for a New PLEXAR-Custom Service for Compass Bank in Belton, Texas Pursuant to P.U.C. Substantive Rule §23.27. Tariff Control Number 20922.

The Application: Southwestern Bell Telephone Company is requesting approval of its application for a new PLEXAR-Custom service for Compass Bank in Belton, 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 Belton exchange, and the geographic market for this specific PLEXAR-Custom service is the Waco 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-9903245

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 2, 1999

Public Notice of Workshop on 9-1-1 Issues

The Public Utility Commission of Texas (commission) will hold a workshop regarding the effect of competition in the telecommunications industry on the provision of 9-1-1 service on Thursday, July 8, 1999, at 10:00 a.m. in the Commissioners Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 19203, 9-1-1 Rulemakings , has been established for this proceeding. The commission will use this workshop to discuss and analyze the effects of competition in the telecommunications industry on the provision of 911 services and whether the commission's rules need to be amended to account for competition.

Prior to the workshop, the commission requests interested persons to review and be prepared to discuss a draft rule provided for discussion purposes by the Advisory Commission on State Emergency Communications and certain emergency communication districts. A copy of this draft rule will be filed and available for review in Central Records under Project Number 19203 on or around June 3, 1999. This draft rule is intended to advance the discussion of the 9-1-1 issues under consideration in this project. At this time, the commission expresses no opinion on the draft rule, but is interested in the comments that other interested parties may have.

Comments on the draft rule may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326 within 14 days of the date of publication of this notice. All responses should reference Project Number 19203.

Questions concerning the workshop or this notice should be referred to Thomas S. Hunter, Assistant General Counsel, Office of Regulatory Affairs, (512) 936-7280. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9903226

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 1, 1999

The Texas A&M University System Board of Regents

Public Notice

Pursuant to §552.123, Texas Government Code, the following candidate is the finalist for the position of Chancellor of The Texas A&M University System and upon the expiration of 21 days, final action is to be taken by the Board of Regents of The Texas A&M University System.

(1) Howard D. Graves

TRD-9903162

Vickie Burt

Executive Secretary to the Board

The Texas A&M University System, Board of Regents

Filed: May 27, 1999

Texas Department of Transportation

Correction of Error

The Texas Department of Transportation adopted amendments to §§21.141, 21.142, 21.144-21.154, 21.157-21.160. The rules appeared in the May 14, 1999, issue of the Texas Register (24 TexReg 3745).

Due to agency errors:

In submitting §21.145(b), a cross-reference to §21.150(j) should have been to §21.150(i).

Also, the preamble stated that §21.149 was adopted without changes and would not be reprinted. Due to public comment, that section was adopted with changes and should read as follows.

Ҥ21.149. Licenses.

(a) Application and issuance.

(1) Except as provided in §21.147 of this title (relating to Exempt Signs), and except as provided in subsection (g) of this section, a person may not erect or maintain a sign as outlined in §21.146 of this title (relating to Signs Controlled), until the person has obtained a license covering the county in which the sign is to be erected or maintained. Licenses are issued by the director and are valid for one year. An applicant for a license must file an application in a form prescribed by the department, which shall include, but not be limited to:

(A) the complete legal name, mailing address, and telephone number of the applicant;

(B) designation of the county or counties in which the signs are to be erected and maintained;

(C) the applicant's social security number if the applicant is applying as an individual;

(D) the applicant's charter number if the applicant is applying as a business entity, if applicable; and

(E) additional information the department deems necessary.

(2) The application must be signed, notarized, and filed with the director in Austin and shall be accompanied by:

(A) a fully executed outdoor advertisers surety bond:

(i) in the amount of $2,500 for each county in which signs are to be erected and maintained up to a maximum of $10,000 for four or more counties;

(ii) payable to the commission to reimburse it for removal costs of a sign the license holder unlawfully erects or maintains;

(iii)in a form prescribed by the department, executed by a surety company authorized to transact the business of surety insurance in Texas, and the form shall include, but not be limited to:

(I) the complete legal name, mailing address, and telephone number of the applicant and the surety company;

(II) the bond number assigned by the surety company;

(III) the amount of coverage provided by the surety company;

(IV) the effective and execution dates of the bond; and

(V) additional information the department deems necessary;

(B) a duly certified power of attorney from the surety company authorizing the surety company representative to execute the bond on the effective date of the bond; and

(C)the license fee prescribed by subsection (c) of this section.

(3) An outdoor advertising license may not be issued to or held by a corporation or a limited partnership unless the corporation or limited partnership is authorized by the secretary of state to conduct business in the State of Texas.

(4)An outdoor advertising license is not transferable and is valid only for the named license holder.

(b) License renewals.

(1)An outdoor advertising license renewed under this section:

(A)shall be valid for a period of one year;

(B) must be renewed no later than January 1 of each succeeding year if it was issued prior to January 1, 1991; and

(C) must be renewed no later than the anniversary date of the date of issue if issued after January 1, 1991.

(2) To renew an outdoor advertising license under this subsection, a license holder must file an application in a form prescribed by the department, which shall include, but not be limited to:

(A) the complete legal name, mailing address, and telephone number of the license holder;

(B) number of the license being renewed; and

(C) additional information the department deems necessary, including proof of continuous bond coverage.

(3) The application must be signed by the license holder and filed with the director in Austin, and shall be accompanied by the renewal fee as prescribed by subsection (c) of this section.

(4) The license will not be eligible for renewal if the license holder ceases to be authorized to do business in Texas by the Office of the Secretary of State.

(c)Fees.

(1) For each outdoor advertising license issued under this section:

(A) the initial fee is $125; and

(B) the annual renewal fee is $60.

(2) A fee prescribed in this subsection is payable by check, cashier's check, or money order made payable to the Texas Highway Beautification Fund, and is nonrefundable.

(3) If the check or money order submitted in payment of the license or the license renewal fee is dishonored upon presentment by the department, the license or renewal will be void from inception.

(d) Temporary Suspension. In the event the director is notified by a surety company that a bond is being canceled, the director will notify the license holder that a new bond must be obtained and filed with the director within 30 days of receipt of the notice or prior to the bond cancellation date, whichever occurs later. Notice shall be presumed to be received five days after mailing. From the the bond termination date until continuing bond coverage is provided, the director will suspend the issuance of additional permits and the transfer of existing permits.

(e) Permanent revocation or permanent suspension. The director may suspend the issuance of additional permits or the transfer of existing permits, or revoke a license if:

(1) a valid outdoor advertisers surety bond is not provided within the time specified by the department in accordance with subsection (d) of this section; or

(2) the license holder violates one or more applicable provisions of this subchapter or the Act.

(f) Notice and appeal. When actions for permanent revocation or permanent suspension are taken by the director, notice will be sent by certified mail to the address of record provided by the license holder. Notice shall be presumed to be received five days after mailing. The recipient of the notice may provide proof that the notice was not received five days from mailing, in which case, the director of right of way may extend the time for requesting a hearing.

(1) The notice shall clearly state:

(A) the reasons for the action;

(B) the effective date; and

(C) the right of the license holder to request an administrative hearing.

(2) A request for an administrative hearing under this subsection must be made in writing to the director in Austin within 10 days of the receipt of the notice.

(3) If timely requested, an administrative hearing shall be conducted in accordance with §1.21 et seq. of this title (relating to Contested Case Procedure).

(g) Exception for nonprofit signs. A nonprofit organization may erect or maintain a nonprofit sign without obtaining an outdoor advertising license. A permit must be obtained for any sign erected or maintained pursuant to this exception, in accordance with §21.150 of this title (relating to Permits).

(h) License expiration/revocation. In the event a license expires without renewal or is revoked pursuant to subsection (e) of this section, any permits issued pursuant to that license also expire. “

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

Harris County, 1019 Congress, 15th Floor, Houston, Texas, 77002-1700, received July 30, 1999, application for grant assistance in an amount not to exceed $1,197,690 from the Research and Planning Fund.

Terranova West Municipal Utility District, c/o Mr. Thomas E. Callan, 5519 Ashmere Lane, Spring, Texas, 77379, received April 30, 1999, application for financial assistance in the amount of $450,000 from the Texas Water Development Funds.

Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711.

TRD-9903238

Gail L. Allan

Director of Project-Related Legal Services

Texas Water Development Board

Filed: June 2, 1999

Notice of Hearing

An attorney with the Texas Water Development Board will conduct a public hearing beginning at: 10:00 a.m., July 27, 1999, Room 118, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701 on the proposed Fiscal Year 1999 2000 Intended Use Plan for the Drinking Water State Revolving Fund (DWSRF). The Intended Use Plan (IUP) contains a combined list of projects for large and small communities, including projects for privately owned water systems and projects for entities which have qualified as disadvantaged communities. Projects are listed in priority order. The Intended Use Plan describes the sources and uses of funds for projects as well as for set-aside activities. The proposed Intended Use Plan has been prepared pursuant to rules for the Drinking Water State Revolving Fund as adopted by the Texas Water Development Board in 31 TAC Chapter 371.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Intended Use Plan. In addition, persons may participate in the hearing by mailing written comments before the above date to Helen Dean, Manager, Grants Administration and Special Reporting, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711. Written comments will also be accepted for 30 days following the July 27, 1999 hearing. Copies of the proposed FY 1999 2000 Intended Use Plan will be available in Room 543 of the Stephen F. Austin Building or may be obtained from the Grants Administration and Special Reporting Section, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711.

The hearing is being conducted pursuant to 31 TAC, Section 371.11 and 40 Code of Federal Regulation, Section 25.5.

TRD-9903239

Gail L. Allan

Director, Administration and Northern Legal Services

Texas Water Development Board

Filed: June 2, 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

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-9903224

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 1, 1999