TITLE in-addition

Office of the Attorney General

Texas Clean Air Act Enforcement Settlement Notice

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

Case Title and Court: Harris County and Texas Natural Resource Conservation Commission v. Hoyer (USA) Inc., Case No. 99-26694, in the 129th District Court of Harris County, Texas

Nature of Defendant's Operations: Dependant is the owner of a chemical manufacturing facility in Harris County which illegally released hydrogen chloride gas from its tank cleaning facility in violation of the Texas Health & Safety Code, more specifically, the Texas Clean Air Act. Remediation of the tank cleaning facility of this violation and the attempted prevention of future violations is the subject of this litigation and proposed settlement.

Proposed Agreed Judgment: The Judgment orders Defendant to file an application to amend its air permit, notify the TNRCC Houston Regional Office and Harris County Pollution Control of the cleaning of any tank previously containing any non-permitted chemicals, make several plant improvements, maintain personnel at all times trained in emergency response procedures, provide for off-site air monitoring in the event of an emergency, and to pay civil penalties in the amount of $17,500 to the State and $17,500 to Harris County. The agreed order also awards attorney's fees in the amount of $1,000 to the State and $1,000 to Harris County.

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

TRD-9903290

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: June 4, 1999


Brazos Valley Council of Governments

Request for Proposal/Public Notice

The Brazos Valley Workforce Development Board is issuing a Request for Proposal (RFP) to potential bidders for further development, installation and maintenance of an integrated client database system that will enable One Stop partners in the Brazos Valley Workforce Development area to share data through a common intake application, track services necessary for an individual to achieve self-sufficiency, and have interactive access to employment and training information at the local, regional, state and national level through a protected Intranet/Internet.

This RFP is available upon request from the Brazos Valley Council of Governments, P.O. Drawer 4128, Bryan, TX 77805-4128. Questions or comments concerning this program may be directed to Mr. Bo Moncivais, Network Systems Administrator, (409) 775-4244.

TRD-9903312

Nick Gilley

Board Chair

Brazos Valley Council of Governments

Filed: June 7, 1999


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects during the period of May 27, 1999, through June 3, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Exxon Pipeline Company; Location: The project is located approximately 19 miles south of Galveston, in the Galveston Anchorage Area, Galveston Area Block 209, offshore Texas, Gulf of Mexico; CCC Project Number: 99-0202-F1; Description of Proposed Action: The applicant proposes to amend Permit 17246(04) to include a crew-quarters platform. The structure will house a maximum of 38 personnel with an average occupancy of 14. The platform will be connected to an existing "A" deck by a 90-foot elevated walkway. Water depth at the site is approximately 58 feet; Type of Application: U.S.A.C.E. permit application #17246(05) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Sterling Exploration & Production Co., L.L.C.; Location: The project is located in Matagorda Bay, Calhoun County, Texas; CCC Project Number: 99-0203-F1; Description of Proposed Action: The applicant requests a Blanket Permit for exploration of oil and gas exploration and development Matagorda Bay in State Tracts 53, 64, 65, 71, 72, 86, 87, 95, 96, 105, 106, 116, 117, 118, 119, 131, 132, and 133. A protective structure measuring 7.5 feet wide by 24 feet long by 10 feet high will be installed and equipped with U.S. Coast Guard approved Nav-Aid devices; Type of Application: U.S.A.C.E. permit application #21641 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: City of Port Lavaca; Location: The project is located in Lavaca Bay adjacent to the Port Lavaca Bayfront in Calhoun County, Texas; CCC Project Number: 99-0204-F1; Description of Proposed Action: The applicant proposes to construct 4,600 linear feet of breakwater and 550-by 8-foot timber walkway to the breakwater. The breakwater will be constructed from concrete sections from the Highway 35 causeway bridge demolition; Type of Application: U.S.A.C.E. permit application #21585 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: Mark Johnson; Location: The project is located on Flamingo Isle Road, approximately 1.5 miles west of its intersection with State Highway 6, south of La Marque, Galveston County, Texas; CCC Project Number: 99-0205-F1; Description of Proposed Action: The applicant proposes to excavate uplands adjacent to the Highland Bayou Diversionary Canal to construct two residential canals. Canal "A" will be 800 feet long, 100 feet wide, and 6 feet deep at mean low tide (MLT). A 4-foot concrete culvert will be located at each end of Canal "A" to provide water circulation. Canal "B" will be 600 feet long and 100 feet wide with water depths that will range from -5 feet MLT at the shoreward end to -6 feet MLT at its entrance to the diversionary canal. The total area of the canal project is approximately 140,000 square feet; Type of Application: U.S.A.C.E. permit application #21621 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

Applicant: John Thobe; Location: The project is located in the Laguna Madre near the intersection of Longoria and North Shore Drives, Port Isabel, Cameron County, Texas; CCC Project Number: 99-0206-F1; Description of Proposed Action: The applicant proposes to construct a marina facility. A (+/-)280-linear-foot breakwater will be constructed on a an east-west alignment on the north side of the marina basin. An estimated 350-foot long bulkhead will be constructed on the south and west ends of the basin. A 4 to 8-foot wide walkway will be built along the south bulkhead. The basin will be dredged to a depth of -6 feet mean sea level. The access channel will be approximately 250 feet long by 50 feet wide and will be -6 feet deep. Approximately 1,500 square feet of seagrass are located within the proposed marina basin; Type of Application: U.S.A.C.E. permit application #21512 under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).

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-9903352

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: June 9, 1999


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 06/14/99 - 06/20/99 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 06/14/99 - 06/20/99 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-9903333

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 8, 1999


Court of Criminal Appeals

Availability of Grant Funds

The Court of Criminal Appeals announces the availability of funds to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs and projects to judges and court personnel. Funds are subject to the provisions of Chapter 56 of the Texas Government Code, and the General Appropriations Bill (House Bill 1) 76th Regular Legislation Session. The grant period is September 1, 1999 through August 31, 2000.

The deadline for applications is July 14, 1999, 5:00 p.m.

Applicants may request an application packet by phone, mail, or in person. The phone number is 512/475-2312, and the address is: Court of Criminal Appeals, Judicial Education Program, 201 W. 14th Street, Austin, Texas, 78701.

TRD-9903355

Troy Bennett

Clerk

Court of Criminal Appeals

Filed: June 9, 1999


Texas Department of Criminal Justice

Notice of Award

The Texas Department of Criminal Justice forwards this Notice of Award for the Texas Youth Commission, Requisition Number: 696-FD-9-B022, for Corsicana Soffit Replacement as published in the February 19, 1999, issue of the Texas Register (24 TexReg 1273).

The Bid was awarded on May 31, 1999, to Acacia Contracting Group, Inc., Contract Number: 696-FD-9-9C0105, for a dollar amount of $249,350.

TRD-9903348

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 9, 1999


Request for Proposals

The Texas Department of Criminal Justice on behalf of Texas Board of Pardons and Paroles, hereby provides notice of Solicitation 696-PD-9-P-024 for consulting services to review current practices of the Texas Board of Pardons and Paroles and make recommendations for updated guidelines with corresponding policies and procedures to include implementation and training. This procurement will be conducted in accordance with requirements in Chapter 2254, Subchapter B, Texas Government Code. Award will be made on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price.

TDCJ anticipates award of a time and materials contract on or about August 20, 1999, with a completion date 18 months after contract award.

Proposals will be accepted at the following address until 3pm, July 16, 1999.

Agency contact is Naomi Wright, Contract Administrator, TDCJ Purchasing and Leases, Contract Branch, P.O. Box 4014, Huntsville, Texas 77342-4014, Phone: (409) 294-8902, Fax: (409) 294-6986. All requests for a copy of the solicitation must be in writing. Fax requests are acceptable.

TRD-9903346

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 9, 1999


Request for Qualifications

The Texas Department of Criminal Justice (TDCJ) hereby presents this Request for Qualifications (RFQ) to Energy Service Companies (ESCOs). ESCOs responding will describe their capabilities to identify, design, install, maintain, and monitor equipment and/or retrofits, and arrange financing of a comprehensive energy cost reduction program for TDCJ facilities. Inclusive in the description will be a detailed narrative explaining the criteria on implementing sustainable measures associated with any design of equipment and/or retrofit. The ESCO must have the ability to meet performance guarantees and have the professional in-house staff to understand the special needs of TDCJ. For the purpose of this RFQ, "ESCO" refers to any entity that is qualified to provide a turnkey packet and meets the requirements of the Texas Energy Performance Contracting Guidelines, available through: The State Energy Conservation Office, 208 E. 10th Street, Rusk State Office Building, Suite 206, Austin, Texas 78711-3047, Attention: Felix A. Lopez, www.asc.state.tx.us/energy/energy.html.

The Statements of Qualifications (SOQ) submitted by ESCOs will be screened by the TDCJ and a Preferred Vendor List (PVL) will be developed of the highest and most qualified ESCOs. After further screening of the PVL, the TDCJ intends to select one or more ESCOs and intends to award one or more contract(s) to perform cost-effective energy conservation retrofits. An initial contract may be awarded for the completion of a detailed energy project analysis. A subsequent performance contract may be awarded for complete design and implementation of sustainable, cost-effective, energy measures. The performance contract will require a guarantee of energy savings sufficient to cover all costs of the project within a 10-year performance period.

Sealed submissions will be accepted (mailed or hand delivered) by the TDCJ at or before 5pm on August 9, 1999. For a complete packet, which includes the RFQ and attachments, contact Brenda Jordy, EPC Coordinator, TDCJ, (409) 437-5563 or you may request by mail to: Texas Department of Criminal Justice, Facilities Division, Sustainability Department - Bank of America, P.O. Box 4011, Huntsville, Texas 77342-4011, Attention: Brenda Jordy.

TRD-9903345

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 9, 1999


Request for Qualifications--Texas Youth Commission

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

Responses must be received no later than 4:00 pm on July 7, 1999.

Technical questions relative to the scope of work should be directed to Bill Gaines at (409) 294-6979. All requests for a copy of the Request for Qualifications must be in writing to Ronald C. McQuire, Contract Administrator, P.O. Box 4014 (Contracts), Spur 59 off of Highway 75 North, Room 137, Huntsville, Texas, 77340 (e-mail address: Ron.McQuire@tdcj.state.tx.us). Fax requests are acceptable, the fax number is (409) 294-6986.

TRD-9903347

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: June 9, 1999


Texas Commission for the Deaf and Hard of Hearing

Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces the issuance of a Request for Proposals (RFP) for services to eliminate communication barriers and to guarantee equal access for individuals who are deaf or hard of hearing. Funding is available to provide the following services: (1) Communication access services for the provision of both interpreter services (sign language, oral) and Communication Access Realtime Translation (CART) services; (2) Direct services to clients who are senior citizens to bridge communication barriers and reduce the isolation facing persons who are ages 60 or older; (3) Early intervention and prevention services which involves awareness, prevention and detection of hearing loss; and (4) Provide training, learning experiences and skill building for interpreter interns to enable them to upgrade their level of skill.

Contact:

Parties interested in submitting a proposal should contact the Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711, (512) 407-3250 (Voice) or (512) 407-3251 (TTY), to obtain a complete copy of the RFP. The RFP is also available for pick up at 4800 North Lamar, Suite 310, Austin, Texas 78756 on Friday, June 18, 1999, during normal business hours. The RFP is not available through fax.

Closing Date:

Proposals must be received in the Texas Commission for the Deaf and Hard of Hearing Office, 4800 North Lamar, Suite 310, Austin, Texas 78756 no later than 5 p.m. (CDT), on Friday, July 16, 1999. Proposals received after this time and date will not be considered.

Award Procedure:

All proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation to the Executive Director who will then make a recommendation to the Commission. The Commission will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Commission reserves the right to accept or reject any or all proposals submitted. The Texas Commission for the Deaf and Hard of Hearing is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits the Commission to pay for any costs incurred prior to the execution of a contract.

The anticipated schedule of events is as follows:

Issuance of RFP - June 18, 1999;

Proposals Due - July 16, 1999, 5 p.m. (CDT); and

Contract Execution - September 1, 1999.

TRD-9903370

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: June 9, 1999


Texas Education Agency

Request for Proposals

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-99-013 from private companies to provide and install a digital router and distribution system with broadcast video production equipment for the T-STAR studio, to provide and install a satellite uplink system, downlink TVRO satellite receive equipment, and to lease digital satellite broadcast television transponder time. Historically underutilized businesses (HUBs) are encouraged to submit a proposal.

Description. The overall purpose of the RFP is to provide satellite digital capabilities to the Education Service Centers and school districts in Texas. The T-STAR digital platform will allow programming to be delivered on many of the currently utilized communication avenues such as satellite, Internet, and video conferencing systems. The digital upgrade to the T-STAR Studio will include procurement and installation of routing and distribution equipment and digital production equipment for analog video, analog audio, and digital video. The contractor will provide encoders, decoders, and converters as required for adapting analog video and analog audio sources and destinations, and digital video broadcast production equipment. Operational control of the equipment supplied by the contractor must integrate with the existing T-STAR studio communications control protocol. Translation equipment will not be allowed to provide communication between distribution components. Communication protocol must directly match the distribution components requiring communication. All studio equipment shall be installed in room G-100 of the William B. Travis Building, located at 1701 North Congress Avenue, Austin, Texas.

The digital upgrade to the satellite equipment will include procurement and installation of antenna and system using the MPEG-2 standard DigiCipher II system for digital television broadcasts including receive capability and a second receive-only antenna and LNBs to operate with receiver equipment. Both antenna systems shall be installed on roof mounts on the William B. Travis Building in Austin, Texas. Also included is the procurement and installation of MPEG-2 standard DigiCipher II receiver equipment at the agency, at the 20 Education Service Centers, and at specified school districts in Texas with mandatory options for other school districts to purchase and install MPEG-2 standard DigiCipher II receivers, LNBs, and other specified equipment. Also included is the procurement of a transponder lease for digital television broadcast time using a U.S. domestic geostationary non- inclined orbit satellite for one year with options to renew for four additional one-year periods.

Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than September 1, 1999, and an ending date of no later than December 14, 1999. A mandatory proposer's conference will be held on Thursday, July 8, 1999, at 9:00 a.m. at TEA. A vendor must attend this conference in order to submit a proposal.

Project Amount. One to five proposers will be selected to receive contracts. The RFP is divided into two packages. Package one contains the broadcast digital television equipment. Package two contains the satellite digital television uplink equipment, downlink equipment, and transponder lease. Proposers may submit a proposal for all of package one or may submit a proposal for all or part of package two. Package one and two may be submitted by the same proposer. Items in package two may be awarded to one or multiple proposers. This project as a whole is funded 100% from state funds ($1,000,000).

Selection Criteria. Awards will be considered on the basis of total points awarded. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed prices. Special consideration will be given to proposers that have successfully completed similar projects for other clients. TEA reserves the right to select from the highest-ranking proposals those that address all requirements in the RFP and that are most advantageous to the project.

TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-99-013 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request.

Further Information. For clarifying information about this RFP, contact John Lopez, Division of Instructional Technology, Texas Education Agency, (512) 305-9199.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of TEA by 5:00 p.m. (Central Daylight Time), Friday, July 23, 1999, to be considered.

TRD-9903354

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: June 9, 1999


Advisory Commission on State Emergency Communications

Request for Proposal to Provide Computer Network and Telecommunications Consulting Services for the Advisory Commission on State Emergency Communications, June 1999

TABLE OF CONTENTS

Section

I. Introduction to Proposers

II. Scope of Service

III. Content of Response

IV. Evaluation Criteria

SECTION I

INSTRUCTION FOR PROPOSERS

A. Request for Proposal Summary

1) The Advisory Commission on State Emergency Communications (herein called "ACSEC") is soliciting proposals from qualified entities to provide consulting services to the ACSEC as described in Section II, hereof. The Commission desires services which represent the best combination of price and quality.

2) Schedule of Proposal:

June 15, 1999: Release for Request for Proposal

July 15, 1999: Written proposals shall be received at the ACSEC; 333 Guadalupe St.-- Suite 2-212, Austin, TX 78701 by 5 PM Central Standard Time on this date to be considered.

July 16, 1999: Proposers may be requested to give a 20 minute oral presentation to the ACSEC Committee members followed by a 10 Minute question and answer period.

July 19, 1999: Final selection made by the ACSEC

3) Period of Performance

Performance under a contract pursuant to this RFP will commence on August 1, 1999, and will continue through July 31, 2000. The contract is renewable for a period of one additional year (August 1, 2000, through July 31, 2001) under the same terms and conditions, at the discretion of ACSEC.

4) Intent:

The intent of this request is to select a party to design and implement a wide area network and provide related program consulting services for the Texas Poison Control Network which will enable ACSEC, through the Poison Program, to provide enhanced services to the citizens of Texas.

5) The proposer shall submit one original and five copies of the proposal.

B. General Instructions

1) Inquiries:

Questions about the ACSEC and this RFP should be directed to the Advisory Commission on State Emergency Communications at 512-305-6936.

2) Signature Requirements:

The proposal must be signed by one or more duly authorized officials of the applicant organization.

3) Proposal Submission:

The ACSEC will not consider any proposal received after the time and date specified in paragraph A.2. The envelope containing the proposal must be clearly marked as a Proposal for Poison Control Program Consulting Services.

4) Supplements to the RFP:

Should it be necessary to revise any part of this RFP, or if additional information is necessary to enable proposer's to make an adequate interpretation of provisions of this RFP, a supplement to the RFP will be provided to each applicant organization that has requested copies of this RFP.

5) Cost of Proposal Preparation:

No reimbursement will be made by the ACSEC of any cost incurred for the proposal or presentation.

6) Reserved Rights:

a. The ACSEC reserves the right to reject any and all offers and proposals and re-solicit or cancel this procurement if such action is deemed in the best interest of the ACSEC.

b. The ACSEC is not required to select the lowest priced proposal, but will take into consideration services which represent the best combination of price and quality.

c. All proposers are hereby notified that the execution of a contract pursuant to this RFP is dependent upon approval of by the ACSEC and the negotiation of a mutually acceptable contract with the selected proposer.

7) Execution of Agreement:

If the proposer selected does not execute an agreement within ten (10) days after the notification of selection, the ACSEC may cancel that selection and give notice to the proposer of the ACSEC's intent to select the next most qualified proposer or call for new proposals, whichever the ACSEC deems appropriate.

8) Subcontractor:

Any planned or proposed use of a subcontractor must be clearly documented in the proposal. The prime contractor will be completely responsible for all contract services.

9) Non-compliance:

In the event of the contractor's non-compliance with any of the provisions of a contract pursuant to this RFP, the ACSEC may cancel the contract in whole or in part with one (1) day advance written notice.

10) Cancellation of Contract:

The contract will provide that, except for circumstances covered by B.9 above, either party may cancel any agreement upon ten (10) days advance written notice of its intent to cancel.

11) Prohibited Interest

No member of the ACSEC may have a direct interest in the gains or profits from a contract resulting from this RFP.

SECTION II

SCOPE OF SERVICES

A. Background:

The Advisory Commission on State Emergency Communications is the state agency designated to administer the implementation of the Texas Poison Control Network. The program itself collects nearly $7 million dollars in revenue annually that serves to manage and operate the delivery of network services and specialized health care for toxic exposures. The goal of the Poison Program is to provide advanced network services in order to readily deliver patient care. The purpose of the RFP is to find a consultant that will assist in enhancing call delivery and network management for the Poison Program.

The Texas Poison Control Network is a joint effort among six regional poison centers, the Advisory Commission on State Emergency Communications (ACSEC) and the Texas Department of Health (TDH). Together, these agencies work to improve the quality of care provided to callers by enhancing and revising treatment protocols, sharing knowledge and efficiently utilizing state-of-the-art telecommunications capabilities. With the medical background of the poison staff at each center, a prognosis and solution is readily available for most toxic exposures where a toxic substance or pharmaceutical issue is at hand. The network handles a wide variety of calls. In 1998, the Texas Poison Control Network received approximately 319,000 calls.

B. Overview of Services:

Advanced consulting services will be requested to provide support for the migration to Phase III for the implementation of the Texas Poison Control Network. Currently the network is operating in Phase II which enables the network to have Automatic Call Distributed (ACD) routing through a wide area network for voice call transfer only. Phase III is inclusive of the following elements: the delivery of 9-1-1 data in addition to voice telephony between poison control centers; the delivery of patient records between centers through the use of the TOXICALL(r) Program; the ability to establish an intranet function for the exchange of email and other file transfer program needs; the download of Micromedex program upgrades (Tomes and Health Care Series) through a remote location; the ability to provide remote diagnostics and/or repairs through a remote location to the wide area network for all aspects of maintenance of the call answering computers used in the Texas Poison Control Network.

C. Services to be provided:

The selected respondent will be required to complete the following tasks and provide appropriate documentation of findings and recommendations.

1) Make an assessment of the existing wide area network and its current implementation.

2) Suggest and identify new network configurations for the wide area network that will assist in the enhancement of the network.

3) Provide system hardware recommendations for the migration of a fully enhanced wide area network that can deliver patient information in addition to 9-1-1 related information such as caller ID and location information between the existing poison control centers.

4) Develop a SQL server design and implementation strategy for the network that will be used as the primary platform for the sharing of patient information through the use of the TOXICALL(r) program.

5) Make recommendations for the poison network call handling algorithms and call flow.

6) Act as a systems and technology analyst through the design and implementation of the wide area network.

7) Act as an integrator of major software platforms used in the Poison Control Network such as Micromedex's Health Care Series, Nortel's Visit PNR, Computer Automation Systems' TOXICALL(r) (Ver. 4.0), and possible new and future software operating systems and, or third party applications.

8) Assist in the development of a disaster recovery plan for the Texas Poison Centers.

9) Provide technical direction and recommendations with regard to TOXICALL(r).

SECTION III

CONTENTS OF RESPONSE

A. Response Format and Content.

The response to this request must address the following areas:

1) A brief statement of the proposer's understanding of the commission's request;

2) Proposer's qualifications and ability to deliver the services required;

3) Proposer's experience in providing similar services, including a list of other companies or governments for which the proposer has provided similar services;

4) Name(s) and qualifications of person(s) who will actually be performing the consulting work;

5) The anticipated time frame for completing various phases;

6) The fee schedule and billing method for the project;

7) Statement of qualifications;

8) Proposer's policies and procedures relative to affirmative action.

Responses must be made in the order shown above for ease of review and comparison.

SECTION IV

EVALUATION CRITERIA

Primary factors in the evaluation process will include:

1) Proposer's approach to providing required services.

2) Proposer's experience in providing similar services.

3) Reasonableness of the fee and man-hour estimate.

4) The response will serve as the primary basis for selecting an entity to provide the required services to the ACSEC.

TRD-9903270

James D. Goerke

Executive Director

Advisory Commission on State Emergency Communications (ACSEC)

Filed: June 3, 1999


Employees Retirement System of Texas

Request for Proposal

EMPLOYEES RETIREMENT SYSTEM OF TEXAS

STATE OF TEXAS DEFERRED COMPENSATION PROGRAM

SFG BENEFITS ADMINISTRATION

In accordance with Texas Government Code Chapter 609, SFG Benefits Administration (SFG), a third party administrator (TPA), is soliciting proposals on behalf of the Employees Retirement System of Texas (ERS) from insurance companies to provide a fixed interest account product for the State of Texas Deferred Compensation Program (Program). The fixed interest account product selected will be made available to the 401(k) plan participants effective January 1, 2000, and to the 457 plan participants no earlier than July 1, 2000. Companies wishing to respond to the Request for Proposal (RFP) must have been established prior to January 1, 1989, and must have had invested assets of at least $2 billion and adjusted capital and surplus of at least $200 million as of December 31, 1998. The company must have adjusted capital and surplus equivalent to at least 6.0% of invested assets, have high risk assets (defined as non-investment grade bonds, non-performing mortgages, and real estate received in settlement of debt) equivalent to 125% or less of adjusted capital and surplus, and have a Risk Based Capital ratio in excess of 150%. The company must have Claims-Paying Ability type ratings from the major rating services of no less than A+/A1, have an average equivalent of the Claims-Paying Ability type rating of "AA-/Aa3" or higher, have a rating of no less than "A" from A.M. Best Company and have significant experience with deferred compensation plans. Companies shall not have any redemption fee, transfer fee, deferred sales charge, or front-end and rear-end loads. If such fees or charges exist, then companies must agree to waive such fees or charges or refund them. (Expenses must be below the average of similar funds). The interest rate must be a "portfolio rate" (one interest rate for new contributions and existing assets in the account) with the rate changing quarterly (preferably) or monthly; multiple interest rates in effect at the same time are prohibited and must not be subject to a market value adjustment or interest penalty for participant-directed withdrawals. The company will be required to maintain one account per plan only and there can be no minimum or maximum contribution limits. Transactions are expected on a daily basis and there will be no bonus rates, banded rates or bailout rates offered. There will be no administrative fees, transaction charges, transfer charges or surrender charges or market value adjustments with the fixed interest account product.

Companies will be required to conform with the Program's administrative requirements and to cooperate with the TPA. The ERS will base its evaluation and selection of vendors for the Program on the factors and criteria outlined in this notice and in the RFP, including, but not limited to the following, which are not necessarily listed in order of priority: compliance with the RFP, administrative capability, financial strength and stability, quality of investment performance, proven ability to manage institutional assets, expense structure, and compliance with federal and state laws and regulations.

The ERS is the plan administrator and trustee of the Program, which currently has over 61,000 State of Texas and higher education participants and assets in excess of $800 million. The Program consists of a 401(k) plan and a 457 plan. There are approximately 250,000 state employees eligible to participate in this Program.

The ERS reserves the right to reject any proposal submitted which does not meet the criteria specified in this notice and the RFP. The ERS is under no legal requirement to execute a contract on the basis of this notice. The RFP does not commit the ERS to pay any costs incurred prior to execution of a contract or to pay any costs incurred in the preparation of a response.

For additional information regarding the RFP, please contact George Bateman at SFG, 11365 West Olympic Drive, Los Angeles, California 90064; telephone (310) 312-6321; facsimile (310) 312-6489; email batemang@sf-grp.com. The RFP will be available from SFG upon written request during the period of June 4-18, 1999. The deadline for receipt of proposals by SFG is noon EST on June 25, 1999.

For further information regarding this notice, please contact Della Williamson at ERS at (512) 867-7219 or email her at dwilliamson@ers.state.tx.us.

TRD-9903268

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: June 3, 1999


Texas Department of Health

Licensing Action for Radioactive Materials

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

[graphic]

[graphic]

[graphic]

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

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

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

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

TRD-9903282

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 4, 1999


Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: John W. Miles, D.D.S., Paris, R05678; Dermot J. Durcan, M.D., P.A., Houston, R07769; Gordon Medical Center, Arlington, R19254; International Institute, Brownsville, R23632; Spine Care & Rehabilitation, Houston, R22142; Creek Health, Dallas, R22072; Orr Chiropractic Clinic, Corsicana, R21578; College Station Chiropractic Center, College Station, R11490; Highway 303 Chiropractic Clinic, Inc., Grand Prairie, R15556; Triple G Ventures, Fort Stockton, R18595.

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

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

TRD-9903279

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 4, 1999


Notice of Intent to Revoke Radioactive Material Licenses

Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: GSE Lining Technology, Inc., Houston, G01734; MYA Environmental Services, Arlington, G01978; SmithKline Beecham Clinical Laboratories, Dallas, L00900; Houston Advanced Research Center, The Woodlands, L04707; South Austin Cancer Center, Austin, L05108; Buddy W. Butler, Midland, L05115.

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

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

TRD-9903278

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 4, 1999


Notice of Revocation of Certificates of Registration

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following certificates of registration: DND Imaging, Houston, R21342, May 27, 1999; Mid-County Dental Equipment, Groves, R21686, May 27, 1999; Brush Country Chiropractic, Devine, R21947, May 27, 1999; Jeff Anderson, D.C., Cleveland, R22048, May 27, 1999; J.S.C.A.W., Inc., R22698, May 27, 1999; Medical and Dental Engineering, El Paso, R22703, May 27, 1999; Kingsland Chiropractic Health Clinic, Kingsland, R22744, May 27, 1999; Video Fluoroscopy Houston, Inc., Humble, R23492, May 27, 1999.

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

TRD-9903281

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 4, 1999


Notice of Revocation of the Radioactive Material License of Medical Service Laboratories

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following radioactive material license: Medical Service Laboratories, Houston, G01131, May 27, 1999.

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

TRD-9903280

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 4, 1999


Notice of Uranium By-Product Material License Amendment Denial

The Texas Department of Health (department) gives notice that it has denied a request to amend uranium by-product material license L02538 issued to Intercontinental Energy Corporation doing business as IEC Corporation in Texas, Route 1, Box 650, Three Rivers, Texas. After review of its request to release the Zamzow in-situ uranium mine site, the department notified IEC that the site does not meet the release for unrestricted use criteria as specified in 25 Texas Administrative Code §§289.202, 289.252 and 289.260.

Copies of all relevant material are available for inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the denied amendment request may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756-3189, by calling (512) 834-6688, extension 2202, or by visiting 8407 Wall Street, Austin, Texas.

TRD-9903353

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 9, 1999


Texas Department of Insurance

Insurer Services

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

Application to change the name of PM GROUP LIFE INSURANCE COMPANY to PACIFIC LIFE & ANNUITY COMPANY, a foreign life company. The home office is in Phoenix, Arizona.

Application to change the name of CONCORD GENERAL LIFE INSURANCE COMPANY, INC. to CONCORD HERITAGE LIFE INSURANCE COMPANY, INC., a foreign life company. The home office is in Concord, New Hampshire.

Application for admission to the State of Texas by OHIO SECURITY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Hamilton, Ohio.

Application to change the name of AETNA DENTAL CARE OF TEXAS, INC. to AETNA U.S. HEALTHCARE DENTAL PLAN, INC., a health maintenance organization. The home office is in Houston, Texas.

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

TRD-9903366

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 9, 1999


Notices

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by Southern Farm Bureau Insurance Company proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to TEXAS INSURANCE CODE ANNOTATED article 5.101, §3(l). They are proposing to increase their companion policy discount from 10% to 20%. This discount provides a reduction in the premium for private passenger rated vehicles when the insured also has a homeowners or farm and ranch owners policy issued by Southern Farm Bureau Casualty Insurance Company, Texas Farm Bureau Mutual Insurance Company or Texas Farm Bureau Underwriters. The discount is applicable to the premiums for all coverages except uninsured/underinsured motorist coverage.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Associate Commissioner for Regulation and Safety, Ms. Rose Ann Reeser, at the Texas Department of Insurance, MC 107-2A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9903367

Gene Jarmon

Assistant General Counsel

Texas Department of Insurance

Filed: June 9, 1999


The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by the Guidant Insurance Group proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to TEXAS INSURANCE CODE ANNOTATED article 5.101, §3(l). They are proposing adoption of a companion policy discount. This discount provides a 5% reduction in the total automobile premium when the policyholder also has a homeowners policy in force with a company in the GuideOne Group of insurance companies, to include, GuideOne Mutual Insurance Company, GuideOne Specialty Mutual Insurance Company, GuideOne Elite Insurance Company, and GuideOne Lloyds Insurance Company.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Associate Commissioner for Regulation and Safety, Ms. Rose Ann Reeser, at the Texas Department of Insurance, MC 107-2A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9903368

Gene Jarmon

Assistant General Counsel

Texas Department of Insurance

Filed: June 9, 1999


Third Party Administrator Applications

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

Application for incorporation in Texas of MGB Co-Sourcing Solutions, L.L.C., a domestic third party administrator. The home office is Houston, Texas.

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

TRD-9903265

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 3, 1999


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

Application for incorporation in Texas of Plan Benefit Services, Inc., a domestic third party administrator. The home office is Austin, Texas.

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

TRD-9903365

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: June 9, 1999


Texas Lottery Commission

Instant Game-Number 160 “BINGO”

1.0 Name and Style of Game.

A. The name of Instant Game Number 160 is "BINGO". The play style of the game is a "bingo " play style.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game Number 160 shall be $2.00 per ticket.

1.2 Definitions in Instant Game Number 160.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols, which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible "Caller's Card" Play Symbols are: B 01, B 02, B 03, B 04, B 05, B 06, B 07, B 08, B 09, B 10, B 11, B 12, B 13, B 14, B 15, I 16, I 17, I 18, I 19, I 20, I 21, I 22, I 23, I 24, I 25, I 26, I 27, I 28, I 29, I 30, N 31, N 32, N 33, N 34, N 35, N 36, N 37, N 38, N 39, N 40, N 41, N 42, N 43, N 44, N 45, G 46, G 47, G 48, G 49, G 50, G 51, G 52, G 53, G 54, G 55, G 56, G 57, G 58, G 59, G 60, O 61, O 62, O 63, O 64, O 65, O 66, O 67, O 68, O 69, O 70, O 71, O 72, O 73, O 74, O 75. The possible Play Symbols located on "Card 1", "Card 2", "Card 3" and "Card 4" are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70 71, 72, 73, 74, 75, FREE.

D. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate low-tier instant winning tickets. The possible validation codes are: Table 1 of this section.

Figure 1: 16 TAC GAME NUMBER 160- 1.2D

Non-winning and high-tier winning tickets will have different combinations of any three of the following letters, excluding the combinations above: E, F, G, H, I, L, N, O, R, S, T, V, W, X. All codes from $1 through $24 not used for this game are protected. Other combinations of these letters are to be used for non-winning and high-tier winning tickets. The letter "" will only be used for the appropriate winning codes and will always have a slash through it.

E. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

F. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00 or $20.00

G. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $500

H. High-Tier Prize - A prize of $1,000 or $25,000

I. Bar Code - A 22 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number, the three digit ticket number and the nine digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 13 digit number consisting of the three digit game number (163), a seven digit pack number and a three digit ticket number. Ticket numbers start with 000 and end with 124 within each pack. The format will be : 160-0000001-000.

K. Pack - A pack of "BINGO" Instant Game tickets contain 125 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one. Ticket 000 will be on the top page. Ticket 001 will be on the next page and so forth with ticket 124 on the last page.

L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BINGO" Instant Game Number 160 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose the 25 Bingo numbers under the "Caller's Card" area and the Bingo numbers on Cards 1 through 4 are scratched off that match the Caller Cards. Cards 1 through 4 each have corresponding prize boxes. If the player matches all the Bingo numbers in a complete horizontal, vertical or diagonal line (5 numbers or 4 numbers + "FREE" space) on any one card, the prize stipulated in the corresponding prize arrow for revealing a "Line" is won. If the player matches all the Bingo numbers in all 4 corners on any one card, the prize stipulated in the corresponding prize arrow for revealing "4 Corners" is won. If the player matches all the Bingo numbers to make a complete "X" (8 numbers + "FREE" space) on any one card, the prize stipulated in the corresponding prize arrow for revealing an "X" is won. A ticket can win only 1 prize on each of the 4 Cards, but a prize can be won on up to 4 Cards provided that each Card has a winning pattern. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 125 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must be present in its entirety and be fully legible;

3. Each of the Play Symbols must be printed in black ink;

4. The ticket shall be intact;

5. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

6. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

7. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

8. The ticket must not be counterfeit in whole or in part;

9. The ticket must have been issued by the Texas Lottery in an authorized manner;

10. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

11. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

12. The ticket must be complete and not miscut, and have exactly 125 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

13. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

14. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

15. Each of the 125 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

16. Each of the 125 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

17. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

18. The ticket must have been received or recorded by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. There can be up to four winning combinations per ticket, but there will only be one winning pattern on each Card 1-4.

B. Adjacent tickets in a pack will not have identical patterns.

C. The numbers on the Caller's Card will be unique.

D. Each Caller's Card will have a minimum of four and a maximum of eight numbers from each range per letter.

E. The number range used for each letter will be as follows: B: 1-15, I: 16-30, N: 31-45, G: 46-60, O: 61-75.

F. Each Player's Card 1-4 will have a unique pattern within a ticket.

G. A number will not appear on more than three (3) Player's Card grids.

2.3 Procedure for Claiming Prizes.

A. To claim a "BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $30.00, $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "BINGO" Instant Game prize of $1,000 or $25,000 the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BINGO" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16630, Austin, Texas 78761-6630. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "BINGO" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "BINGO" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 40,000,000 tickets in the Instant Game Number 160. The expected number and value of prizes in the game are as follows: Table 2 of this section

Figure 2: 16 TAC GAME NUMBER 160- 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 Termination of the Instant Game. The Executive Director may, at any time, announce a termination date for the Instant Game Number 160 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 160, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-9903288

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 4, 1999


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding BILLY MCPHERSON, Docket Number 1997-1002- AGR-E; No TNRCC Permit; Enforcement ID Number 11940 on June 1, 1999 assessing $7,120 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 or Craig Carson, Enforcement Coordinator at (512)239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DARREN TURLEY DBA TURLEY DAIRY, Docket Number 1997-0198-AGR-E; Enforcement ID Number 10179 on June 1, 1999 assessing $8,560 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laura M Kohansov, Staff Attorney at (512)239-2029 or Michael Meyer, Enforcement Coordinator at (512)239-4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SKY PROPERTIES/SU YEN LTD. AND TA- SHEN SU, Docket Number 1997-0411-MWD-E; WQ Permit Number 13709-001; Enforcement ID Number 9014 on June 1, 1999 assessing $29,470 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Nathan Block, Staff Attorney at (512)239-2269 or Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EDDIE ELLIOTT, Docket Number 1998-0386-SLG-E; Enforcement ID Number 12267 on June 1, 1999 assessing $7000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 or Karen Berryman, Enforcement Coordinator at (512)239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HOUSTON INTERMEDIATE CHEMICALS INC. DBA HI-CHEM, AND CHARLES B. TRIAL, Docket Number 1998-0677-IHW-E; TNRCC ID Number SWR 32031; Enforcement ID Number 12294 on June 1, 1999 assessing $5000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Risner, Staff Attorney at (512)239-6224 or Thomas Greimel, Enforcement Coordinator at (512)239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NEWELL RECYCLING OF SAN ANTONIO, L.P., Docket Number 1998-0235-MLM-E; Air Account Number BG-0149-0; SWR Number 30060; Enforcement ID Number 1046 on June 1, 1999 assessing $116,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Small Gooch, Staff Attorney at (817)469-6750 or Randy Norwood, Enforcement Coordinator at (512)239-1879, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TERRY TACKETT, Docket Number 1998-0461-MWD- E; Registration Number 22237; Enforcement ID Number 12455 on June 1, 1999 assessing $14,375 in administrative penalties with $13,775 deferred.

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

An agreed order was entered regarding PHILIP M. ROBERTSON, JR. DBA FIVE STAR AUTOMOTIVE, Docket Number 1998-0331-AIR-E; Air Facility ID Number DF-0427-E; Enforcement ID Number 10204 on June 1, 1999 assessing $500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512)239-1899 or Lisa Hernandez, Staff Attorney at (512)239-0612, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LIGHTNING METAL SPECIALTIES, INC., Docket Number 1998-1186-AIR-E; Air Account Number CS-0099-V; Enforcement ID Number 13015 on June 1, 1999 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512)239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DOUGLASS W. KING COMPANY, INC. DBA RIO GRANDE TECHNOLOGIES, LLC, Docket Number 1998-1492-AIR-E; Account Number CD-0137- O; Enforcement ID Number 12798 on June 1, 1999 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512)239-1044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CONTINENTAL CABINETS MANUFACTURING, INCORPORATED, Docket Number 1998-1126-AIR-E; Account Number DB- 0621-J; Enforcement ID Number 12697 on June 1, 1999 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512)239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding C & R DISTRIBUTING, INCORPORATED, Docket Number 1998-1173-AIR-E; Account Number EE-0432-K; Enforcement ID Number 284 on June 1, 1999 assessing $1,000 in administrative penalties.

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

An agreed order was entered regarding OIL PATCH SANDBLAST AND PAINT, LTD., Docket Number 1998-1399-AIR-E; Account Number HX-1323-M; Enforcement ID Number 13109 on June 1, 1999 assessing $1,250 in administrative penalties.

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

An agreed order was entered regarding U S CAST PRODUCTS INCORPORATED DBA ACE MARBLE INCORPORATED, Docket Number 1998-1434-AIR-E; Account Number JH-0111-U; Enforcement ID Number 10966 on June 1, 1999 assessing $7,500 in administrative penalties.

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

An agreed order was entered regarding STEVE CHAMPION DBA CASINO BEACH GOLF, Docket Number 1998-1107-PWS-E; PWS Number 2200331; Enforcement ID Number 12848 on June 1, 1999 assessing $1,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Julia McMasters, Enforcement Coordinator at (512)239-5839, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GRANT BARKEY DBA ROCK-A-WAY PARK, Docket Number 1998-1109-PWS-E; PWS ID Number 1500095; Enforcement ID Number 6789 on June 1, 1999 assessing $938 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Julie Talkington, Enforcement Coordinator at (512)239-0439, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PETRON INC., Docket Number 1998-1261-PST-E; PST Facility ID Number 0070447; Enforcement ID Number 13035 on June 1, 1999 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512)239-5806, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALAN SHAVE, Docket Number 1998-1260-PST-E; PST Facility ID Number 39084; Enforcement ID Number 13034 on June 1, 1999 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Randy Norwood, Enforcement Coordinator at (512)239-1879, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SOUTHWESTERN ELECTRIC POWER COMPANY, Docket Number 1998-1116-IWD-E; WQ Permit Number 01331; Enforcement ID Number 12932 on June 1, 1999 assessing $8,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Karen Berryman, Enforcement Coordinator at (512)239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GULF MATERIALS RECYCLING CORPORATION AND E.L.G. METALS SOUTHERN, INC., Docket Number 1998-0348-IWD-E; TNRCC Permit Number 03324-000; Enforcement ID Number 12378 on June 1, 1999 assessing $9,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Carson, Enforcement Coordinator at (512)239-2175 or Camille Morris, Staff Attorney at (512)239-3915, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PHILLIPS PETROLEUM COMPANY, Docket Number 1998-0930-IWD-E; WQ Permit Number 01064; Enforcement ID Number 8019-2 on June 1, 1999 assessing $20,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Carson, Enforcement Coordinator at (512)239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE CITY OF GOREE, Docket Number 1997-1113- MWD-E; Permit Number 10102-001; Enforcement ID Number 12033 on June 1, 1999 assessing $6875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512)239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MEADOWLAND UTILITY CORPORATION, MR. WAYNE LELL, AND MS. SUSAN RALPH, Docket Number 1998-0431-MWD-E; TNRCC Permit Number 13632-001; Enforcement ID Number 12417 on June 1, 1999 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Carson, Enforcement Coordinator at (512)239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KEVIN FINNERTY DBA EPICENTER DAIRY, Docket Number 1998-0309-AGR-E; TNRCC Permit Number 03256; Enforcement ID Number 12311 on June 1, 1999 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512)239-0677 or Brian Lehmkuhle, Enforcement Coordinator at (512)239-1778, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CENTAURI TECHNOLOGIES, JV, Docket Number 1998-1334-IHW-E; SWR Number 85189; Enforcement ID Number 12917 on June 1, 1999 assessing $13,590 in administrative penalties with $2,718 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Johnson, Enforcement Coordinator at (512)239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CARY JUBY, Docket Number 1998-0432-SLG-E; Registration Number 710739; Enforcement ID Number 3579 on June 1, 1999 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Nathan Block, Staff Attorney at (512)239-4706 or Michael Meyer, Enforcement Coordinator at (512)239- 4492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087.

An agreed order was entered regarding CITY OF ROMA, Docket Number 1998-1064-MSW-E; MSW Permit Number 954; Enforcement ID Number 12723 on June 1, 1999 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Scottie Aplin, Staff Attorney at (512)239-2941 or John Mead, Enforcement Coordinator at (512)239- 6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087.

A default order was entered regarding JANICE WALKER AND JAMES BARR, Docket Number 1998-0510-IHW-E; TNRCC ID Number F0196; Enforcement ID Number 12445 on June 1, 1999 assessing $12,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney at (512)239-0678 or Frank Muser, Enforcement Coordinator at (512)239-5100, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding LEE MOORE, Docket Number 1997-0962-MSW-E; TNRCC ID Number 34391; Enforcement ID Number 11899 on June 1, 1999 assessing $3,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Cecily Gooch, Staff Attorney at (817)469-6750 or Tim Haase, Enforcement Coordinator at (512)239- 6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087.

An order was entered regarding D.E. MARTIN DBA CONSUMERS WATER COMPANY AND CONSUMERS WATER, INC. Docket Number 1996-0920-PWS-E; SOAH Docket Number 582-97- 1523 on June 4, 1999 assessing $15,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512)239-1736, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9903364

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 9, 1999


Notice of Application to Amend Certificate of Adjudication

Benjamin C. Pawelek, P. O. Box 254, Falls Creek, Texas 78113, has applied to the Texas Natural Resource Conservation Commission (TNRCC) to amend Certificate of Adjudication No. 19-2183 which was issued to Benjamin C. Pawelek on July 29, 1982, and authorized the owner, with a time priority of November 7, 1940, the diversion and use of not to exceed 100 acre-feet of water per annum from a point on the west bank of the San Antonio River approximately 4 miles west of Falls City at a maximum rate of 3.34 cfs (1500 gpm) to irrigate a maximum of 80 acres of land per annum in Wilson County, Texas. Applicant seeks to amend Certificate No. 19-2183 to authorize the lease of the 100 acre-feet of water rights authorized by Certificate No. 19-2183 and by moving the diversion point and place of use approximately 25 miles downstream to the diversion point and place of use authorized by Permit No. 5368 in Karnes County, Texas owned by Arthur Ray Yanta and wife, Patsy Yanta. The amended diversion will be directly from the San Antonio River at a point on the right, or south bank, between a point bearing N 13 degrees W, 9800 feet from the south corner of the Alexander Hunter Survey, Abstract No. 146 and a point bearing N 29 degrees 30" E, 7750 feet from the aforesaid corner, also being Latitude 28.943 degrees N and Longitude 97.870 degrees W. The amended place of use for the water will those lands in the Alexander Hunter Survey, Abstract No. 146 and the William Pate Survey, Abstract No. 235 approximately 5 miles northeast of Karnes City in Karnes County as authorized by Permit No. 5368.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by June 23, 1999. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by June 23, 1999. The Executive Director may approve the application unless a written request for a contested case hearing is filed by June 23, 1999.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested amendment and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103 at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9903363

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 9, 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 Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be 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 18, 1999 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO 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 C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 18, 1999 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators 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: Acton Municipal Utility District; DOCKET NUMBER: 1998-1518-MWD-E; IDENTIFIER: Permit Number 11208-001; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11208-001 and the Code, §26.121, by failing to meet the permitted effluent limits; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2)COMPANY: Beechwood Water Supply Corporation; DOCKET NUMBER: 1998-1317-PWS- E; IDENTIFIER: Public Water Supply (PWS) Number 2020014; LOCATION: Hemphill, Sabine County, Texas; TYPE OF FACILITY: public water supply system; RULE VIOLATED: 30 TAC §290.46(e)(2), (m), (n), and (t), by failing to employ a qualified certified water works operator, maintain the self-contained breathing apparatus in a ready state, maintain the surface water treatment plant fence in an intruder-resistant condition, maintain the protective coatings on the sedimentation basin and the 0.005 milligram (mg) steel clearwell, maintain the protective coatings on the filters, maintain the sedimentation basin and the 0.0005 mg steel clearwell level, maintain the protective coatings on the access hatch of the 0.005 mg clearwell, maintain existing buoys around the raw water intake structure, update the map of the distribution system with the location of the flush valves, and maintain the inlet line to the 0.005 mg steel clearwell in a water tight condition; 30 TAC §290.42(d)(6)(D), (9)(A), (10)(C)(ii) and (D)(iv), (12), (13), (e)(5), (6), and (7), (i), and (j), by failing to properly complete monthly operations reports with the correct treatment parameters, provide day tanks to minimize the possibility of severely overfeeding liquid chemicals, provide the clarifier with facilities for determining the depth of sludge in the unit, provide filter discharge piping with an orifice or other permanently installed limiting device to ensure that the minimum filter rate cannot be exceeded, properly locate and install atmospheric vacuum breaker on the water supply line for the filter wash system, provide the filters with loss of head gauges, properly identify all water plant piping with labels or various colors of paint, perform jar test to determine coagulant dosage, provide a means of determining alkalinity, provide a small bottle of ammonia available for checking for chlorine leaks at the distribution plant chlorination facilities, provide a properly sealed chlorination room so as to not open to any pump or control room containing electrical equipment, utilize or provide documentation that the gas chlorine, liquid caustic, and aluminum sulfate coagulant utilized meets American National Standards Institute/National Sanitation Foundation standard 60 for direct additives, and provide a complete plant operations manual; 30 TAC §290.43(c)(1), (2), (3), (4), (5), and (d)(3), by failing to properly seal all gaps on the vent/hatch of the 0.229 mg ground storage tank, properly secure the roof hatch for the 0.229 mg ground storage tank at the hinges, lock the west 0.031 mg ground storage tank, provide a properly sized roof hatch, provide an overflow flap valve, provide the 0.0005 mg below ground clearwell with a water level indicator, provide the 0.229 mg ground storage tank with a sanitary and properly constructed water level indicator, provide the steel 0.0005 mg clearwell with an inlet that fills from the top of the clearwell, provide the west 0.031 mg ground storage tank with an inspection ladder, provide the 0.005 mg pressure tanks with devices to readily determine air-to-value ratio, and provide air compressor injection lines for pressure tanks with a filter or other device to prevent compressor lubricants and other contaminants from entering the pressure tank; 30 TAC §290.44(h), by failing to provide a suitable backflow prevention device for the service connection; 30 TAC §290.45(b)(2)(A), (B), (C), (D), (F), and (d)(3)(B), by failing to provide emergency power to deliver water to the distribution system, meet the minimum capacity requirements, meet the water treatment plant capacity of 0.6 gallons per minute (gpm) per connection, meet the raw water pump capacity of 0.6 gpm per connection, meet the transfer pump capacity of 0.6 gpm per connection, meet the minimum clearwell capacity at the plant equivalent to 5.0% of rated daily plant capacity, service pump capacity such that each pump station or pressure plane must have two or more pumps with a total capacity of 2.0 gpm per connection, and meet total treatment plant capacity greater than the maximum daily demand; and 30 TAC §290.121(b), by failing to properly calibrate turbidity meter with primary calibration standard, maintain records of calibrations, and calibrate secondary standards; PENALTY: $5,338; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(3)COMPANY: Brazoria County Municipal Utility District No. 6; DOCKET NUMBER: 1998- 1018-MWD-E; IDENTIFIER: Permit Number 13784-001; LOCATION: Houston, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 13784-001 and the Code, §26.121, by failing to comply with the total suspended solids daily average permit limit of 12 milligrams per liter (mpl) and the total suspended solids individual grab sample permit limit of 60 mpl; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-2175; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4)COMPANY: Continental Homes of Texas, L.P.; DOCKET NUMBER: 1999-0037-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program Plan Number 98081903; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: residential development site; RULE VIOLATED: 30 TAC §213.4(a), by failing to file an Edwards Aquifer protection plan prior to initiating construction; PENALTY: $800; ENFORCEMENT COORDINATOR: Kelly J. Waldo, (512) 339- 2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(5)COMPANY: City of Crockett; DOCKET NUMBER: 1998-1519-MWD-E; IDENTIFIER: Permit Number 10154-002; LOCATION: Crockett, Houston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10154-002 and the Code, §26.121, by failing to meet the permitted effluent daily average ammonia nitrogen concentration limit of three mpl; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(6)COMPANY: Mr. C. W. Derrington dba Derrington Mobile Home Park; DOCKET NUMBER: 1998-1432-MWD-E; IDENTIFIER: Permit Number 11838-001; LOCATION: Liberty, Liberty County, Texas; TYPE OF FACILITY: mobile home park; RULE VIOLATED: 30 TAC §305.125(2) and the Code, §26.121, by failing to renew permit on or before the expiration date; PENALTY: $3,663; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7)COMPANY: City of Detroit; DOCKET NUMBER: 1998-1383-MWD-E; IDENTIFIER: Permit Number 10724-001; LOCATION: Detroit, Red River County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10724-001 and the Code, §26.121, by exceeding its permitted discharge limits; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Eric Reese, (512) 239-2611; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8)COMPANY: Drilling Specialties Company; DOCKET NUMBER: 1998-1540-AIR-E; IDENTIFIER: Account Number MQ-0023-L; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: drilling mud manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b), and the Act, §382.085(b) and §382.054, by failing to have a Title V operating permit or submit an initital federal operating permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: John Wilson, (713) 767-3743; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9)COMPANY: Leesa Sumner dba Feed Box; DOCKET NUMBER: 1999-0100-PWS-E; IDENTIFIER: PWS Number 1070213; LOCATION: Malakoff, Henderson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a) and (e), by failing to submit water samples for routine bacteriological analysis and by failing to provide public notice that bacteriological samples were not being performed; PENALTY: $1500; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10)COMPANY: Mr. Russell Milne dba Four Seasons and Associates; DOCKET NUMBER: 1999-0039-IRR-E; IDENTIFIER: Enforcement Identification Number 13224; LOCATION: Tomball, Harris County, Texas; TYPE OF FACILITY: landscaping; RULE VIOLATED: The Code, §34.007(a), by operating as a licensed irrigator or installer without a valid certificate of registration; PENALTY: $750; ENFORCEMENT COORDINATOR: Karen Berryman, (512) 239-2172; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11)COMPANY: The Port of Houston Authority; DOCKET NUMBER: 1998-1739-IWD-E; IDENTIFIER: Enforcement Identification Number 12724; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §321.133(c)(2)(A), by discharging wastewater containing elevated levels of total benzene, toluene, ethylbenzene, and total xylenes, and total petroleum hydrocarbon; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Mike Meyer, (817) 469-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12)COMPANY: Saint Thomas More Catholic Church; DOCKET NUMBER: 1999-0700-PWS- E; IDENTIFIER: PWS Number 2270292; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement; PENALTY: $125; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1921 Ceder Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(13)COMPANY: U S Liquids Of Texas, Inc.; DOCKET NUMBER: 1999-0029-AIR-E; IDENTIFIER: Account Number HG-3504-E; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §101.4 and the THSC, §382.085(a) and (b), by creating a nuisance odor; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14)COMPANY: Village Farms of Marfa, L.L.P; DOCKET NUMBER: 1998-0518-PWS-E; IDENTIFIER: PWS Number 1890013; LOCATION: near Marfa, Presidio County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(a), (e), (f)(1) and (2)(B), (h), and the Code, §341.033(a), by failing to submit plans and specifications, ensure that the system is under the direct supervision of a "D" certified water works operator, provide mechanical disinfection equipment, provide a chlorine test kit which uses the diethyl-p-phenylenediamine method, record the results of chlorine residual tests taken from the distribution system, and provide calcium hypochlorite disinfectant at the facility for use when making repairs, setting meters, and disinfecting new mains; 30 TAC §290.41(c)(3)(A), (J), and (K), by failing to submit well completion data, provide a concrete sealing block, and provide the well vent with a screened casing well; 30 TAC §290.43(c) and Paragraph (3), by failing to provide a ladder to facilitate routine inspection of ground storage tank and by failing to provide the ground storage tank with an overflow pipe that conforms with current American Water Works Association standards; 30 TAC §290.45(d)(2)(A), by failing to provide a minimum pressure tank capacity of 220 gallons; and 30 TAC §290.106(a)(1) and the Code, §341.033(d), by failing to submit the required number of water samples for bacteriological analysis; PENALTY: $5,438; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(15)COMPANY: Villita West Condominiums, Inc.; DOCKET NUMBER: 1998-1351-PWS-E; IDENTIFIER: PWS Number 2270337; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(e) and §290.46(f)(1)(A), by failing to install mechanical chlorination equipment; 30 TAC §290.41(c)(3)(A) and §290.39(d), by failing to secure the services of a registered professional engineer to submit plans and specifications; 30 TAC §290.106(a)(1) and the THSC, §341.033(d), by failing to submit water samples from the facility for bacteriological analysis; 30 TAC §290.103 and §290.113, by failing to submit a sample of water to determine if the chemical quality of the water meets the commission's requirements; 30 TAC §290.46(e), (n), and (h), by failing to provide direct supervision of the system by a certified water works operator at all times, provide a map of the distribution system, and keep a supply of calcium hypochlorite disinfectant on hand for use when making repairs, setting meters, and putting new mains into service; 30 TAC §290.46(i) and §290.44(h)(1) and (4), by failing to adopt adequate plumbing regulations, provide backflow prevention assemblies where necessary to protect the system, test backflow prevention assemblies upon installation, and maintain test reports for each assembly tested; 30 TAC §290.41(c)(3)(O) and (K) and §290.43(c)(3)(J), by failing to protect the well with an intruder- resistant fence or by enclosing the well in a locked, ventilated well house and by failing to provide the well with a screened casing vent and a concrete sealing block; and 30 TAC §290.41(c)(3)(M) and (N), by failing to install a flow meter on the well pump discharge line and by failing to install a suitable sampling tap on the well discharge; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Cindy Bronnenberg, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(16)COMPANY: Mike Fisher dba Western Oaks Village; DOCKET NUMBER: 1998-1453- PWS-E; IDENTIFIER: PWS Number 2200211; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1), (2), and (3)(J), and (d)(2), by failing to repair the concrete sealing block around the well head, provide a properly sized vent with an approved protected opening on the ground storage tank, provide a properly designed roof access opening to the ground storage tank, and provide a pressure release device on all pressure tanks; 30 TAC §290.42(i) and §290.44(a)(1), by failing to obtain certification from an organization accredited by the American National Standards Institute for all chemicals; 30 TAC §290.45(b)(1)(B)(iii) and (c)(1)(B), by failing to provide the minimum pressure tank capacity of 20 gallons per connection, provide the minimum well capacity of 0.6 gpm per connection, and provide the minimum total capacity of 2.0 gpm per connection for two or more service pumps; and 30 TAC §290.46(e), (f)(1)(A), (f)(2), and (w), by failing to maintain a public water system under the direct supervision of a competent water works operator, maintain an adequate disinfectant residual throughout the distribution system and equipment, utilize a diethyl-p-phenylenediamine indicator to test the disinfectant residual in the distribution system, and post a legible sign at each of its production, treatment, and storage facilities; PENALTY: $3,813; ENFORCEMENT COORDINATOR: Michael De La Cruz, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-9903328

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: June 8, 1999


Notice of Request for Qualifications

Notice. This is a formal Notice of the intention of the Texas Natural Resource Conservation Commission (TNRCC) to receive Statements of Qualifications (Statements) for engineering services for the Regional Remediation Engineering Contracts. In general terms, the scope of the project consists of performing remediation engineering activities at state and federally funded Petroleum Storage Tank and Superfund sites. Services include, but are not limited to, feasibility studies, remedial design, remedial action oversight, site inspections, aquifer testing, and operation and maintenance of treatment systems. For the purposes of these contracts, the State of Texas has been divided into five (5) contracting regions for which there will up to three (3) Regional Remediation Engineering Contracts per region. A more detailed summary of the work is provided in the Technical Specifications of the Contract Documents.

Deadline. Statements will be received until 3:00 p.m. central time on July 30, 1999, at the TNRCC, Technical Park Center, 12100 Park 35 Circle, Building D, Room 134N, Austin, Texas 78753.

Documents. The Request for Qualifications (RFQ) package and Contract Documents may be obtained by calling Maia Watson, Administrative Assistant, Contracting Section, Remediation Division (512) 239-0036 or faxing requests to Maia Watson at (512) 239-2303.

Contract Documents include but are not limited to the Notice of Request for Qualifications, Instructions for Prospective Engineers, Additional Deliverables and Certifications, Agreement, General Conditions, and Technical Specifications and Scope of Services. A complete list of Contract Documents is provided in Article 7 of the Agreement.

Qualifications. As part of this Request, Prospective Engineers must submit Statements of Qualifications demonstrating expertise in providing the types of services described above. Those Statements which meet the pass/fail requirements will be scored by an RFQ Committee.

Selection of Engineer. Pursuant to Texas Government Code, §2254.003, an engineer shall be selected on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price. After scoring by the RFQ Committee, the Prospective Engineers with the top three scores in each Contracting Region will be "short listed" for further evaluation by the RFQ Committee. Unit prices will then be negotiated with such Prospective Engineers. Upon successful completion of these negotiations, the Agreement shall be signed. If any negotiations are not successful, then unit prices will be negotiated with the Prospective Engineer with the next highest score in that Contracting Region. Negotiations will continue until there are three (3) Remediation Engineers in each Contracting Region.

Work Orders will be issued on a site-by-site basis, as needed. There is no guarantee of work under these contracts and which Engineer receives a Work Order will be at the sole discretion of the TNRCC staff. Exceptional quality of performance on past Work Orders may result in a larger proportion of Work Order assignments.

HUB Participation. It is a TNRCC goal to strive for 20% Historically Underutilized Business (HUB) participation overall in this contract. TNRCC is committed to making a Good Faith Effort to utilize HUBs in Professional Services contracts. TNRCC accepts and encourages the creation of teams such as joint ventures, mentor relationships, primes and subcontractors as ways to meet these participation goals.

TRD-9903359

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 9, 1999


Notice of Water Quality Applications

The following notices were issued during the period of May 17, 1999 through June 7, 1999.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUE DATE OF THE NOTICE.

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.

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.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 25 has applied for a renewal of TNRCC Permit Number 12003-001, 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 400 feet north of Old Richmond Road (Richmond-Gains Road) and approximately 2,900 feet east of Farm-to-Market Road 1464 in Fort Bend County, Texas.

SAN ELIZARIO INDEPENDENT SCHOOL DISTRICT has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 13380-001, 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 at 12280 Socorro Road, on the San Elizario High School campus, between Socorro Road (Farm-to-Market Road 258) and the San Elizario Lateral irrigation canal in El Paso County, Texas.

CITY OF O'BRIEN has applied for a renewal of TNRCC Permit Number 13616-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 7.1 acres of pastureland adjacent to the treatment facility. The plant site is located approximately 0.8 miles north of the intersection of State Highway 6 and Farm-to- Market Road 2229, north of the City of O'Brien on the west side of State Highway 6 in Haskell County, Texas.

AQUILA REALTY FUND I, INC., has applied for a renewal of TNRCC Permit Number 13617-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,100 gallons per day. The plant site is located at 1300 Hugh Road, approximately 1,300 feet west of the intersection of Spears Road and Hugh Road and approximately one mile north of the intersection of Greens Road and Spears Road in Harris County, Texas.

CLINT INDEPENDENT SCHOOL DISTRICT has applied for renewal of an existing wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 13667-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons. The plant site is located on the west side of the Clint Spur Drain in the vicinity of Williams Street, approximately 2,000 feet north of Farm-to-Market Road 1110 and approximately 800 feet east of U.S. Highway 80 in El Paso County, Texas.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 56, c/o Young and Brooks, 1415 Louisiana, 5th floor, Houston, Texas 77002-7349, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 13760-001, which 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 4 1/2 miles along Farm-to-Market Road 1314, northwest of the intersection of U.S. Highway 59 and Farm-to- Market Road 1314 in Montgomery County, Texas.

AQUA SOURCE DEVELOPMENT CO. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14007-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 130,000 gallons per day. The plant site is located approximately 7150 feet northwest of the point where Rose Hill Road crosses Spring Creek and approximately 12,550 north-northeast of the intersection of FM 2920 and Mueschke Road in Montgomery County, Texas. The applicant is proposing to meet the buffer zone requirements by enclosing the wastewater treatment facility.

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 NO. 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 NO. 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 NO. 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.

GULF COAST PORTLAND CEMENT COMPANY has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0004022 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 01021. The draft permit authorizes the discharge of cooling tower blowdown and process-area stormwater runoff on an intermittent and flow variable basis via Outfall 001, and stormwater on an intermittent and flow variable basis via Outfall 002 and Outfall 003. The applicant operates a facility to receive, store, grind, and ship petroleum coke. The plant site is located at 6203 Industrial Way in the City of Houston, 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, Texas. 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 No. 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 No. 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-9903361

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 9, 1999


Notice of Water Right Application

JOHN KNOSBY AND TWILIA KNOSBY FARMS, INC., a Missouri corporation, et al (et al consists of: John E. Knosby Revocable Trust and Twilia J. Knosby Revocable Trust), C/O John and Twilia Knosby, Trustees, 1801 Hillcrest, Trenton, MO, 64683, applicants, seek a permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. The applicants seek authorization to divert an amount not to exceed 800 acre-feet per year from the Red River for irrigation of 500 acres of land in the John Collum Headright Original Survey Number 251, Abstract Number 115 and all of the C. M. Collum Headright Survey, Abstract Number 104, Bowie County, Texas. Ownership of the land to be irrigated is evidenced by a Warranty Deed recorded in Volume 2714, Page 285 in the Official Records of Bowie County, Texas. The water will be diverted from the Red River at a maximum rate of 4.46 cfs (2000 gpm) at a point N 54° W, 4045 feet from the northeast corner of the John Collum Headright Original Survey Number 251, Abstract Number 115, also at Latitude 33.574° N and Longitude 94.256° W.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested amendment and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas, 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103 at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9903362

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 9, 1999


North Central Texas Council of Governments

Request for Proposals for CMS Data Collection

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

NCTCOG intends to select a consultant firm to provide services related to collect and analyze data on the traffic conditions on the limited-access highways in the Dallas-Fort Worth metropolitan area. The desired methodology for data collection shall be a non-intrusive remote-sensing technique, such as low-level aerial photography.

Due Date

Proposals must be submitted no later than 5 p.m., Central Time, Tuesday, July 6, 1999 , to Dan Rocha, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, P.O. Box 5888, Arlington, Texas 76005-5888. For more information and copies of the Request for Proposals (RFP), contact Dan Rocha, (817) 695-9265.

Contract Award Procedures

The firm selected to perform this study will be recommended by a Project Review Committee. The PRC will use evaluation criteria and methodology consistent with the scope of services contained in the RFP. The NCTCOG Executive Board will review the PRC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-9903283

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: June 4, 1999


Public Utility Commission of Texas

Notice of Application for Refund/Surcharge of Fuel Cost Revenues

Notice is given to the public of the filing with the Public Utility Commission of Texas an application for authority to make an interim refund/surcharge of fuel cost over/(under)-recoveries and related good cause exceptions on May 28, 1999, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §36.203 (Vernon 1998).

Docket Style and Number: Application of Central Power and Light Company for Authority to Make an Interim Refund/Surcharge of Fuel Cost Over/(Under)-Recoveries and Related Good Cause Exceptions. Docket Control Number 20924.

The Application: Central Power and Light Company requests authority to make an interim refund/surcharge of fuel cost over/(under)-recoveries on the bills of its Texas retail customers for the months of July and August 1999, pursuant to the Public Utility Regulatory Act §36.203. All of Central Power and Light Company's Texas retail customers to which fuel factors apply will be affected by this application. The amounts refunded/surcharged will be subject to final review in Central Power and Light Company's next fuel reconciliation proceeding.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact, not later than June 10, 1999, the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Consumer Protection at (512) 936-7120. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-9903284

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 1999


Notices of Applications for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 11, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Local Gateway Exchange, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20863 before the Public Utility Commission of Texas.

Applicant intends to provide basic local exchange services and interexchange services to both residence and business customers, and to resell bundled local services of incumbent local exchange carriers.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 23, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9903263

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 3, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 28, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of IVIT Communications Group, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20923 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange service, including but not limited to, 9-1-1 service and E9-1-1 service, white page directory listings, access to telephone relay services, access to directory assistance, and equal access to interLATA long distance carriers.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 23, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9903264

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 3, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 28, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Project Management Solutions, Inc., d/b/a Talk Solutions for a Service Provider Certificate of Operating Authority, Docket Number 20926 before the Public Utility Commission of Texas.

Applicant intends to provide resold local exchange service through resale of local exchange access and local exchange service provided by the underlying carriers, including but not limited to, basic local service, prepaid local service, optional service features, directory listing service and 9-1-1 service.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 23, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9903275

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 4, 1999, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of PaeTec Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 20941 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange telecommunications services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 23, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9903327

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1999


Notices of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 3, 1999 to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas Utility Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of Entergy Gulf States, Inc. (EGSI) to Amend Certificated Service Area Boundaries (Service Area Exception) within Harris County, Docket Number 20937, before the Public Utility Commission of Texas.

The Application: In Docket Number 20937, EGSI requests a service area exception in order to provide electric service to a single customer currently within the service area of Reliant Energy, Inc. Hallett Materials Texas Division requests electric service from EGSI because the facilities of EGSI are most convenient and provide a more economical means to obtain service at its Hallett Materials site.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 within 15 days of this notice.

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

TRD-9903336

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1999


Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 4, 1999, to amend a certificate of convenience and necessity pursuant to §§14.001, 32.001, 36.001, 37.051, and 37.054, 37.056, 37.057, 37.058 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Title and Number: Application of El Paso Electric Company to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within El Paso County, Docket Number 20943 before the Public Utility Commission of Texas.

The Application: El Paso Electric Company (EPE) requests approval to construct a 5 mile, 115-kV transmission line and substation in far east El Paso County, Texas. The project is to ensure reliability and quality of service to EPE's customers in the project service area. The project area is within a corridor of land approximately 2 1/4 miles wide extending east from and parallel to Loop 375. The northern boundary line is located near EPE's Caliente Substation on the southern property line of the Fort Bliss Military Reservation. The southern boundary line is along the easterly extension of Montwood Driver at the intersection of Loop 375, Zaragosa. A map may be viewed at EPE's office at 123 West Mills Street, El Paso, Texas, Suite 295.

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

TRD-9903324

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 1999


Notice 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 June 7, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §23.25, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Southwestern Bell Telephone Company Notification to Institute Promotional Rates for Residence Customers in Texas, Who Subscribe to Personalized Ring Service Between July 1, 1999 and August 31, 1999 Pursuant to P.U.C. Substantive Rule §23.25. Tariff Control Number 20946.

The Application: Southwestern Bell Telephone Company (SWBT) has notified the Public Utility Commission of Texas that it is instituting promotional rates for residence customers in Texas, who subscribe to Personalized Ring service between July 1, 1999 and August 31, 1999. During the promotional period, new residence subscribers of Personalized Ring will receive a waiver of the installation charge ($2.70) and a credit equal to one month of the monthly recurring rate ($4.00). Eligible customers are those who do not already subscribe to Personalized Ring. There are no retention requirements associated with this promotion.

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-9903337

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1999


Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule §23.91

Notice is given to the public of the intent to file with the Public Utility Commission of Texas, revised long run incremental cost studies pursuant to P.U.C. Substantive Rule §23.91.

Project Title and Number. Notice of Southwestern Bell Telephone Company to File Revised Long Run Incremental Cost Studies Pursuant to Substantive Rule §23.91, Project Number 20942 on June 14, 1999.

Any party that demonstrates a justiciable interest may file with the Presiding Officer, written comments or a recommendation concerning the revised cost studies, referencing Project Number 20942, no later than 60 days after the filing date of the revised cost studies. Persons who wish to comment on the action sought should contact the Public Utility Commission of Texas at 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326 or call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Project Number 20942.

TRD-9903344

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1999


Notice of Petition for Rulemaking

The Public Utility Commission of Texas (commission) received a petition for rulemaking from Premiere Network Service, Inc. (Premiere). The petition was filed on May 28, 1999 and has been designated as Project Number 20932, Petition of Premiere Network Services, Inc. for Rulemaking Relating to Procedures for Actions Under the Federal Telecommunications Act Pursuant to Procedural Rule §22.281 . Under the Administrative Procedure Act §2001.021 the commission shall either deny the petition in writing, stating its reasons for denial, or initiate a rulemaking proceeding not later than the sixtieth day after the date the petition is filed.

The petition requests that the commission adopt a new rule §22.239 relating to Request for Ruling Regarding Good Faith and Compliance with FTA96. Premiere has included a draft of its proposed rule with the petition for rulemaking. Premiere states that the proposed rule would establish the procedure for dealing with complaints that allege a violation of the duty of good faith or the duty to act consistently with the federal Telecommunications Act of 1996 by capturing the definition of "good faith" as it applies to negotiations of agreements; specifying procedures that would apply to the complaint; incorporating existing procedures for post- interconnection disputes; allowing the commission's general counsel and the Office of Public Utility Counsel to participate in proceedings alleging violation of the duty of good faith; and confirming that arbitrators have the ability to award remedies or relief deemed necessary by the arbitrators and to recommend to the commission more extraordinary relief such as consequential or punitive damages, administrative penalties or other actions necessary to ensure compliance.

Comments on Premiere's petition and draft rule may be filed not later than 3:00 p.m. on July 9, 1999. Copies of the petition and draft rule may be obtained from the commission's Central Records, William B. Travis Building, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. All inquiries and comments concerning this petition for rulemaking should refer to Project Number 20932 - Petition of Premiere Network Services, Inc. for Rulemaking Relating to Procedures for Actions Under the Federal Telecommunications Act Pursuant to Procedural Rule §22.281 .

TRD-9903335

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 1999


Public Notice of Workshops

The Public Utility Commission of Texas will conduct public, staff level workshops in Project Number 20936, Code of Conduct for Electric Utilities Pursuant to PURA §39.157(d), (formerly Project Number 17549) at 9:00 a.m. on Monday, June 28, 1999, and at 9:00 a.m. on Monday, July 12, 1999. The topic for discussion at both workshops will be draft language for the Code of Conduct. The workshops will be held at the Public Utility Commission, William B. Travis Building, Commissioner's Hearing Room, 7th floor, 1701 North Congress Avenue, Austin, Texas 78701.

Copies of the draft rule will be available no later than Wednesday, June 23, 1999, in the Commission's Central Records Division, (512) 936-7180. For more information, contact Suzanne Bertin at (512) 936-7244. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments or inquiries should reference Project Number 20936.

TRD-9903323

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 1999


Texas Department of Transportation

Request for Proposal

Request for Proposal: The Airport Sponsor listed below, through its agent, the Texas Department of Transportation (TxDOT), intends to engage Aviation Professional Services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT's Aviation Division will solicit and receive proposals for professional services as described:

Airport Sponsor: City of Pflugerville, TxDOT Project Number: 0014PFLUG. Project Scope: Prepare a Feasibility Study, Site Selection, Airport Master Plan, and an Enviromental Assessment. Project Manager: Michelle Hannah.

The proposal shall include:

1. Firm name, address, phone number and name of person to contact regarding the proposal.

2. Proposed project management structure identifying key personnel and subconsultants (if any).

3. Qualifications and recent, relevant experience (past five years) of the firm, key personnel and subconsultants relative to the performance of similar services for aviation planning projects.

4. Proposed project schedule, including major tasks and target completion dates.

5. Technical approach - a detailed discussion of the tasks or steps to accomplish the project.

6. List of in-state references including the name, address, and phone number of the person most closely associated with the firm's prior performance of similar airport planning projects.

7. Statement regarding an Affirmative Action Program.

8. Copy of the "Franchise Tax Certificate of Account Status" from the Texas State Comptroller Office that all franchise taxes are paid or that consultant is not subject to franchise taxes.

9. Certification of Child Support payments. Forms are available by calling TxDOT, Grant Management, at (512) 416-4500 or 1-800-68-PILOT.

Those interested consultants should submit six copies of brief proposals consisting of the minimum number of pages sufficient to provide the above information for the project. Proposals must be postmarked by U. S. Mail by midnight July 8, 1999 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on July 9, 1999; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. July 9, 1999 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704.

The airport sponsor's duly appointed committee will review all proposals and may select three to five firms for interviews. The final consultant selection by the sponsor's committee will be made following the completion of the review of proposals and/or interviews.

The airport sponsor reserves the right to reject any or all proposals, and to reopen the consultant selection process.

If there are any questions, please contact Michelle Hannah, Project Manager, Aviation Division, Texas Department of Transportation, (512) 416-4539 or 1-800-68-PILOT.

TRD-9903350

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 9, 1999


Request for Qualifications

Request for Qualifications: The Airport Sponsor listed below, through their agent, the Texas Department of Transportation (TxDOT), intends to engage Aviation Professional Engineering Services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT, Aviation Division will solicit and receive qualifications for professional engineering design services as described below:

Airport Sponsor: City of Lockhart. Lockhart Municipal Airport; TxDOT CSJ Number: 9914LOCKT; Project Scope: Rehabilitate RW 18-36, mark RW 18-36; rehabilitate and mark taxiways; rehabilitate aprons; construct new apron; install PAPI-2 RW 36 end, construct hangar access TWs; and reconstruct hangar access and associated appurtenances. Project Manager: John Wepryk.

Interested firms which do not already have a copy of the Form 439, entitled "Aviation Consultant Services Questionnaire" (August 1995 version) may request one from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form is also available on high-density 3 1/2" diskette in Microsoft Excel 5.0, and may be ordered from the above address with remittance of $2.50 to cover costs. The form may also be downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/insdtdot/orgchart/avn/avninfo/avninfo.htm. Download the file from the selection "Consultant Services Questionnaire Packet". The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

Two completed, unfolded copies of Form 439 (August 1995 version), for the project must be postdated by U. S. Mail by midnight July 1, 1999 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on July 2, 1999; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. July 2, 1999 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The three pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

The airport sponsor's duly appointed committee will review all professional qualifications and select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Historical Underutilized Business (HUB) participation, design schedule, and other project matters, prior to the final selection process. The final consultant selection by the sponsor's committee will generally be made following the completion of review of proposals and/or consultant interviews. The airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures. Procedures for award will be in accordance with FAA Advisory Circular AC 150/5100-14B.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, Aviation Division, Texas Department of Transportation at (512) 416-4520 or 1-800-68-PILOT (74568).

TRD-9903349

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 9, 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-9903330

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 8, 1999


Texas Workforce Commission

Notice of Public Hearing on Communities in Schools Rules

To All Persons Interested in the Proposed Communities In Schools Rules Under Consideration by the Texas Workforce Commission

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

1:00 p.m. on

June 29, 1999

101 East 15th Street

Room 244

Austin, Texas 78778.

To receive comments from the public on rules proposed by the Commission and published in the Texas Register on May 7, 1999 at 24 TexReg 3464. The proposed rules concern the funding of Communities In Schools (CIS) Local Programs.

Any person may appear and offer comments or statements either verbally or in writing; however, questioning of commenters will be reserved exclusively to the Commission or its staff as may be necessary to ensure a complete record. While any person with relative comments or statements will be granted an opportunity to present them during the course of the hearing, the Commission reserves the right to restrict statements in terms of time or repetitive content. Persons wishing to appear and offer comments at the hearing are encouraged to notify the Commission in writing by June 28, 1999.

Copies of the proposed rules may be obtained from the May 7, 1999 issue of the Texas Register or an electronic copy is available on the Texas Workforce Commission website at: http://www.twc.state.tx.us/. From this site, select the following links in this order: "About TWC," "TWC Rules and Governing Statutes," "Proposed Rules," and "Sections 827.31, 827.33, 827.34." You may also request a hard copy by calling Ms. Sandra Boulden at (512) 463-2692 or by writing to her at Texas Workforce Commission, 101 E. 15th Street, Room 434T Austin, Texas 78778-0001, or by e-mailing her at sandra.boulden@twc.state.tx.us. All questions, comments and notice of intent to appear should be addressed to Ms. Sandra Boulden.

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

TRD-9903334

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 8, 1999


Request for Proposals Choices and Food Stamp Employment & Training Program

A. PROPOSAL DESCRIPTION

The Texas Workforce Commission is soliciting bidders to provide employment services for Choices and Food Stamp Employment and Training (FSE&T) participants in the Hidalgo/Willacy area. This contract will be awarded through a competitive request for proposal (RFP) process where more than one offeror may be considered to provide services in Hidalgo (a full service county) and Willacy (a minimum service county). Offerors may bid on any or all services addressed in this RFP. Contractor(s) will collaborate to provide services in partnership with current Choices and FSE&T staff in this LWDA. Choices is a program for Temporary Assistance for Needy Families (TANF) participants providing employment-related and supportive services to assist TANF participants in moving from welfare to work. Choices services may include but are not limited to job readiness activities, job search assistance (including job placement and job development), case management, subsidized employment (including On-the-Job Training (OJT)) and educational and training activities, as well as post-employment/job retention services. FSE&T is a U.S. Department of Agriculture-funded program which assists food stamp recipients who do not receive TANF but are considered "mandatory work registrants" in becoming employed and self-supporting. FSE&T services may include but are not limited to job search and job readiness activities, educational and/or vocational training opportunities and Workfare, for Able Bodied Adults Without Dependents (ABAWDs).

B. AUTHORIZATION OF FUNDING

The funds are authorized under the State Fiscal Year 2000-2001 Appropriations Bill.

C. AVAILABLE FUNDING

The total amount of available funding through this contract shall not exceed $5,552,626 for Choices and $1,453,669 for Food Stamp Employment & Training.

D. ELIGIBLE APPLICANTS

Applicants submitting proposals to provide Choices and FSE&T services must complete an Application Packet, meet the following criteria and provide required documentation as requested in the application to be considered eligible: (1)the offer must have been submitted by the due date for proposals; (2)the offer must be complete with required signatures; (3)the offer is for the requested services described in the instructions; (4)the funding requested is not more than the maximum amount and (5)the offeror must agree to offer the services in partnership with current Choices and/or FSE&T staff. TWC will exclude from further consideration for contract award any non-responsive offer or portion of an offer. TWC will notify the offeror by certified mail of the decision.

E. PROJECT SCHEDULE

Application submission deadline is July 22, 1999. The project is set to begin on September 1, 1999, and end August 31, 2000.

F. SCORING CRITERIA

The evaluation criteria for this RFP and their relative weights for scoring are: Past/Proposed Performance, 20 points; Organizational Capabilities and Structure, 10 points; Capability to Provide Services, 25 points; Fiscal Information, 20 points; Automation, 10 points; and Cost/Budget 15%, for a maximum of 100 points.

G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS

Proposals will be graded by the Texas Workforce Commission. Grading criteria will be included in the application packet. Negotiations will take place immediately after selection. A person designated and authorized by the selected applicant organization to make budget and/or programmatic decisions must be readily available to respond to requested revisions between July 26 and 27, 1999. If a designated person is not readily available to promptly respond to requested revisions, the contract will not be awarded to the applicant.

Negotiations will be conducted by TWC as deemed necessary. TWC reserves the right to vary all provisions of this RFP prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas.

H. PAYMENT

Payment for services performed shall be billed on a cost reimbursement basis.

I. TWC'S OBLIGATIONS

TWC's obligations under this RFP are contingent upon the actual receipt by the Agency of Funds from the U. S. Department of Health and Human Services and the U. S. Department of Agriculture. If adequate funds are not available to make payment under the terms of this contract, TWC shall terminate this RFP or resulting contract and will not be liable for failure to make payments. For further information and to order an Application Packet, contact the TWC primary contact person. The primary contact person for this RFP is: Allison Thomas, Program Specialist, Texas Workforce Commission, Room 342-T, 101 East 15th Street, Austin, Texas 78778-0001, telephone: (512) 936-3555, fax: (512) 936-3420, email: allison.thomas@twc.state.tx.us.

TRD-9903351

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 9, 1999


Request for Proposals

MARKET RATE CHILD CARE STUDY

A. PROPOSAL DESCRIPTION

The Texas Workforce Commission intends to procure a market rate survey of child care rates which complies with federal regulations related to child care and results in reliable market rates specific to each Local Workforce Development Area (LWDA). The survey must assess differences in the cost for various age groups of children, types of care and types of vendors, and result in rate tables for each LWDA. The contractor shall prepare a report of these findings for Local Workforce Development Boards. The survey must be conducted and the results delivered on an annual basis for each board.

B. AUTHORIZATION TO AWARD CONTRACT

TWC is authorized to award contracts for child care services under the Human Resources Code, the Labor Code and as the Lead Agency for the Child Care and Development Fund (CCDF).

C. AVAILABLE FUNDING

The total amount of available funding through this contract shall not exceed $500,000 over two years (or $250,000 per year). Funding availability is contingent upon legislative appropriation.

D. ELIGIBLE APPLICANTS

For an applicant to be considered for award of the child care market rate survey contract, the entity must be deemed responsible and submit a proposal deemed responsive, based on documentation in the proposal as reviewed and validated by TWC.

An applicant will be deemed responsible if all of the following are evident: 1)The applicant is legally organized with the capacity to enter into a valid contract with TWC; 2)The applicant demonstrates experience and expertise sufficient to conduct a statistically valid survey and associated analyses of the scope and nature necessary for this effort; and 3)The applicant demonstrates sufficient knowledge of the child care industry or the capability to obtain such expertise on a consultative basis.

A proposal will be deemed responsive if all of the following are evident: 1)The proposal must be received by the specified due date; 2)The proposal must be complete with required signatures; 3)The proposal must be for the services specified in the proposal instructions; and 4)The requested funding does not exceed the amount available.

E. PROJECT SCHEDULE

The application submission deadline is July 15, 1999. The project is scheduled to begin September 1, 1999 and end August 31, 2001.

F. SCORING CRITERIA

The evaluation criteria for this RFP and their relative weights for scoring are: Demonstrated Past Experience, 20 points; Budget, 25 points; Methodology-Collection, 30 points; and Methodology-Reporting, 25 points, for 100 points maximum.

G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS

Proposals will be graded by the Texas Workforce Commission. Grading criteria will be included in the grant application packet. Negotiations will take place immediately after selection. A designated person, authorized by the selected applicant organization, to make budget and/or programmatic decisions, must be readily available to respond to requested revisions between July 19-20, 1999. If a designated person is not readily available to promptly respond to requested revisions, the contract will not be awarded to the applicant. TWC reserves the right to vary all provisions of this RFP prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas.

H. PAYMENT

Payment for services performed shall be billed on a cost reimbursement basis.

I. TWC'S OBLIGATIONS

TWC's obligations under this RFP are contingent upon the actual receipt by the Agency of Funds from the US Department of Health and Human Services. If adequate funds are not available to make payment under the terms of this contract, TWC shall terminate this RFP or resulting contract and will not be liable for failure to make payments. For further information and to order an Application Packet, contact the TWC primary contact person. The primary contact person for this RFP is: Allison Thomas, Program Specialist, Texas Workforce Commission, Room 342-T, 101 East 15th Street, Austin, Texas 78778-0001, telephone: (512) 936-3555, fax: (512) 936-3420, email: allison.thomas@twc.state.tx.us.

TRD-9903266

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 3, 1999