TITLE in-addition

Texas Department of Agriculture

Pesticide Administrative Penalty Matrix Paragraph IV, Schedule of Violation

The Texas Agriculture Code (the Code) §§76.1555 and 12.020 confer administrative penalty authority on the Texas Department of Agriculture (the department) for violations of Chapter 76 of the Code, and rules adopted thereunder. Section 76.1555(b) requires the department to establish a schedule stating the types of violations possible under Chapter 76. The schedule was previously published in the Texas Register on October 24, 1995 (20 TexReg 8845), as part of the department's Pesticide Administrative Penalty Matrix. This document represents a revision of paragraph IV of the published matrix (regarding "Penalties") only. The remainder of the Pesticide Administrative Penalty Matrix, paragraphs I, II, III, and V, including calculation tables, as published in the October 24, 1995 issue of the Texas Register (20 TexReg 8845), remains in full force and effect. This revision is effective immediately upon publication in the Texas Register .

IV. Schedule of violations.

Confirmed Human Exposure may be indicated by the following: (1) A physician's diagnosis of pesticide exposure; (2) Clinical testing indicating pesticide exposure. For example, medical test results show either the presence of pesticide residues in body tissues or known effects of such pesticide exposure (e.g., cholinesterase inhibition); (3) TDA laboratory analysis of clothing or other articles worn by the person at the time of the alleged exposure show positive pesticide residues and the person reported symptoms consistent with exposure to the pesticide; or, (4) As otherwise determined by a department toxicologist.

Unconfirmed Human Exposure may be indicated by the following: (1) A person reports specific physical contact with spray mist during the suspect application that is consistent with circumstances such as wind direction and speed during the application; (2) A person reports symptoms that are consistent with exposure to the pesticide supported by circumstances such as wind direction and speed during the application; (3) A TDA laboratory analysis shows positive residues of the pesticide from an area where the person claims to have been during the suspect application and the person reports symptoms consistent with exposure to the pesticide; (4) A person reports symptoms that are consistent with exposure to the pesticide, TDA laboratory analysis shows positive residues of the pesticide used in the suspect application found in an area immediately exterior to that where the person claims to have been during the suspect application, and some mode of entry of the pesticide is indicated (such as an open window); or, (5) As otherwise determined by a department toxicologist.

This schedule is not intended to be an exclusive list of all the possible violations under the Code, Chapter 76, and regulations adopted thereunder, but merely a schedule of the types of possible violations. Failure to list a specific violation, or a specific statutory or regulatory cite, will not prohibit the department from pursuing a violation.

These guidelines do not in any way limit the department to the assessment of administrative penalties for any of the listed violations. The department may, in its discretion, pursue other available remedies, including, but not limited to: license suspension, modification, or revocation; probated suspension; reprimand; emergency orders, such as ten-day license suspensions under §76.116 of the Code; stop use, distribution, or removal orders under §76.153 of the Code; and referrals for injunctive relief and civil or criminal penalties.

Acronyms used in these guidelines include: Texas Administrative Code (TAC); Experimental use permit (EUP); Restricted-use (RU); State-limited-use (SLU); Livestock protection collar (LPC); worker protection standards (WPS); Personal protective equipment (PPE); and Restricted entry interval (REI)

For many of these violations, the Code, §76.116(a) may also be cited as source law if the violator is a licensed or certified applicator.

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TRD-200003865

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: May 31, 2000


Office of the Attorney General

Public Drinking Water System 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: State of Texas v. Winfred Herman Ray and Louise Parsley Ray, Cause No. 96-13577, 261st Judicial District, Travis County, Texas.

Nature of Defendants' Operations: Defendants owned and operated a public drinking water system with approximately 57 connections for residents of the Ray Mobile Home Park in Williamson County, Texas, at the time the referenced lawsuit was filed. The Defendants later sold the subject water system. The State claims that during the time they owned and operated the subject water system, Defendants violated Subchapter C of Chapter 341 of the Texas Health and Safety Code by failing to comply with various provisions of the Texas Natural Resource Conservation Commission's (TNRCC's) rules for public drinking water systems promulgated under that Subchapter.

Proposed Agreed Judgment: The proposed agreed final judgment permanently enjoins Defendants by prohibiting them from operating any public drinking water systems. Additionally, Defendants shall pay $7,000 in civil penalties, $1,500 in attorney fees, and all court costs.

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 Laura L. LaValle, 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.

For further information, please call A.G. Younger at (512) 463-2110.

TRD-200003704

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: May 24, 2000


Ark-Tex Council of Governments

Section 5311 Rural Public Transportation Program Request for Proposal

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for service providers for the Section 5311 Rural Public Transportation Program (TRAX).

The Section 5311 Rural Public Transportation Program Request for Proposal (RFP), allowable activities include the provision of rural public transportation services for the general public in Section 5311 vehicles. The period of performance is September 1, 2000 - August 31, 2003. The deadline for the proposal submission is July 5, 2000.

The service area includes the following counties in Texas: Bowie, Cass, Delta, and Franklin, Hopkins, Lamar, Morris, Red River and Titus.

In order to ensure that all respondents are provided sufficient assistance in completing the proposals, a respondent's conference will be held at the Ark-Tex Council of Governments Conference Room, 122 Plaza West, Texarkana, Texas on Friday, June 16, 2000 at 1:30 p.m.

Potential respondents may obtain a copy of the RFP, Scoring Guidelines and Procedures by contacting Lynda Woods or Glenda Simpson, Ark-Tex Council of Governments, P. O. Box 5307, Texarkana, TX 75505 or call (903) 832-8636.

TRD-200003811

Genevieve Burtchell

Director of Regional Planning and Development

Ark-Tex Council of Governments

Filed: May 30, 2000


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of May 18, 2000, through May 25, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: Lido Harbor Association; Location: The project site is located in Clear Creek, west of Davis Road in League City, Galveston County, Texas. CCC Project No.: 00-0172-F1; Description of Proposed Action: The applicant proposes to extend the time to complete construction of a marina, originally authorized under Permit Number 11196. The applicant has revised the application to include a current delineation of the project site. Type of Application: U.S.A.C.E. permit application #11196(06) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Jefferson County Drainage District; Location: The project site is located just north of Beaumont, adjacent to the Neches River in Jefferson County, Texas. CCC Project No.: 00-0173-F1; Description of Proposed Action: The applicant proposes to revise Permit Number 21923. There are no changes to the original proposed activity; however, the applicant has revised the proposed mitigation. To compensate for impacts to the wetlands habitat, the applicant is currently proposing to purchase 9.65 acre-credits from the Neches River Cypress Swamp Mitigation Bank in northern Beaumont. The proposed project involves the widening of a portion of La Belle Road. Type of Application: U.S.A.C.E. permit application #21923 (Revised) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Davis Gulf Coast, Inc.; Location: The project is located in State Tract 885-S in the Gulf of Mexico, approximately 2,600 feet east from the shoreline of Mustang Island at a point approximately 8.5 miles south of Port Aransas, Nueces County, Texas. CCC Project No.: 00-0174-F1; Description of Proposed Action: The applicant proposes to erect and maintain a typical posted barge rig or small jackup rig, production platform, and/or caisson-type well protector with appurtenant structures and equipment necessary to conduct oil and gas drilling/production operations in connection with the drilling of a single well for the production of oil and/or natural gas. No dredging or fill material is required for the proposed activities. Type of Application: U.S.A.C.E. permit application #21914 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-200003855

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: May 31, 2000


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 Sections 303.003, 303.005, 303.008, 303.009, 304.003, and 346.101. Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 06/05/00 - 06/11/00 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and 303.009 for the period of 06/05/00 - 06/11/00 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 3 for the period of 06/01/00 - 06/30/00 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 and 303.009 for the period of 06/01/00 - 06/30/00 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 07/01/00 - 09/30/00 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard quarterly rate as prescribed by Sec. 303.008 and 303.009 for the period of 07/01/00 - 09/30/00 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by Sec. 303.0091 for the period of 07/01/00 - 09/30/00 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex. Fin. Code 1 for the period of 07/01/00 - 09/30/00 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.0094 for the period of 07/01/00 - 09/30/00 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The standard annual rate as prescribed by Sec. 303.008 and 303.009 for the period of 07/01/00 - 09/30/00 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by Sec. 303.009 1 for the period of 07/01/00 - 09/30/00 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 06/01/00 - 06/30/00 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed Sec. 304.003 for the period of 06/01/00 - 06/30/00 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

4 Only for open-end credit as defined in Sec. 301.002(14), Tex. Fin. Code.

TRD-200003844

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 31, 2000


Texas Commission for the Deaf and Hard of Hearing

Request for Proposals

In accordance with the Memorandum of Understanding (MOU) between the Commission on State Emergency Communications (CSEC) and the Texas Commission for the Deaf and Hard of Hearing (TCDHH), the later announces the issuance of a Request for Proposals (RFP) to provide training to personnel who are responsible for providing emergency call taking services (911) to individuals who are deaf or hard of hearing and located within the 24 Councils of Government (COGS) of Texas.

Funds are available for innovative projects to provide "Train the Trainers" training across the state, as referenced above, during a period of July 16, 2000 through August 31, 2000.

Contact:

Parties interested in submitting a proposal should contact the office of 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 the Commission office, 4800 North Lamar, Suite 310, Austin, Texas 78756 on Friday, June 2, 2000, and thereafter, during normal business hours. The RFP is not available through fax.

Closing Date:

Proposals must be received in the office of the Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756, no later than 5 p.m. (CDT), on Monday, July 3, 2000. Proposals received after this time and date will not be considered.

Award Procedure:

All proposals will be subject to an evaluation by a review 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 for award to the Executive Director who will then make a recommendation for award to the Commission. The Commission will make the final decision. Applicants may be asked to clarify their 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 grant 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 grant. The anticipated schedule of events is as follows:

Issuance of RFP - June 9, 2000

Proposals Due - July 3, 2000, 5 p.m. (CDT)

Grant Execution - July 17, 2000

Maximum Funding Level - $7,500

Estimated Number of Awards - 2

TRD-200003843

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: May 31, 2000


Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces the issuance of a Request for Proposals (RFP) to expand or otherwise improve the provision of services to individuals who are hard of hearing, late-deafened or oral deaf.

Funds are available for innovative projects to provide training or other assistance to help reduce the isolation of hearing loss, to enhance personal adjustment and on development of coping skills by persons who are hard of hearing, late-deafened or oral deaf. Project funds cannot be used for the purchase of hearing aids or assistive equipment for clients. However, the funds may be used for the purchase of assistive equipment for demonstration purposes.

Contact:

Parties interested in submitting a proposal should contact the office of 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 the Commission office, 4800 North Lamar, Suite 310, Austin, Texas 78756 on Friday, June 2, 2000, and thereafter, during normal business hours. The RFP is not available through fax.

Closing Date:

Proposals must be received in the office of the Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756, no later than 5 p.m. (CDT), on Monday, July 10, 2000. Proposals received after this time and date will not be considered.

Award Procedure:

All proposals will be subject to an evaluation by a review 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 for award to the Executive Director who will then make a recommendation for award to the Commission. The Commission will make the final decision. Applicants may be asked to clarify their 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 grant 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 grant. The anticipated schedule of events is as follows:

Issuance of RFP - June 9, 2000

Proposals Due - July 10, 2000, 5 p.m. (CDT)

Grant Execution - September 1, 2000

Maximum Funding Level - $12,500

Estimated Number of Awards - 2

TRD-200003842

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: May 31, 2000


Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces the issuance of a Request for Proposals (RFP) for advocacy projects directed toward eliminating communication barriers and to ensuring equal access to persons with disabilities. Funding is available for 1 advocacy project.

Contact:

Parties interested in submitting a proposal should contact the office of 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 the Commission office, 4800 North Lamar, Suite 310, Austin, Texas 78756 on Friday, June 2, 2000, and thereafter, during normal business hours. The RFP is not available through fax.

Closing Date:

Proposals must be received in the office of the Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756, no later than 5 p.m. (CDT), on Monday, July 10, 2000. Proposals received after this time and date will not be considered.

Award Procedure:

All proposals will be subject to an evaluation by a review 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 for award to the Executive Director who will then make a recommendation for award to the Commission. The Commission will make the final decision. Applicants may be asked to clarify their 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 grant 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 grant. The anticipated schedule of events is as follows:

Issuance of RFP - June 9, 2000

Proposals Due - July 10, 2000, 5 p.m. (CDT)

Grant Execution - September 1, 2000

Maximum Funding Level - $10,000

Estimated Number of Awards - 1

TRD-200003841

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: May 31, 2000


Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces the issuance of a Request for Proposals (RFP) for projects focusing on eliminating communication barriers and enhancing equal access to persons with disabilities. Funding is available for projects to provide outreach and demonstration training for the agency's telecommunications access equipment program.

TCDHH is a statewide service agency and intends to fund one project in each of the 11 Health and Human Services Regions. Six of those Regions are currently being funded, in the following Regions: Region I, Region III, Region V, Region VI, Region VIII, and Region XI This RFP is not limited to the unserved regions, but preference will be given to those unserved regions.

Contact:

Parties interested in submitting a proposal should contact the office of 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 the Commission office, 4800 North Lamar, Suite 310, Austin, Texas 78756 on Friday, June 2, 2000, and thereafter, during normal business hours. The RFP is not available through fax.

Closing Date:

Proposals must be received in the office of the Texas Commission for the Deaf and Hard of Hearing, 4800 North Lamar, Suite 310, Austin, Texas 78756, no later than 5 p.m. (CDT), on Monday, July 10, 2000. Proposals received after this time and date will not be considered.

Award Procedure:

All proposals will be subject to an evaluation by a review 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 for award to the Executive Director who will then make a recommendation for award to the Commission. The Commission will make the final decision. Applicants may be asked to clarify their 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 grant 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 grant. The anticipated schedule of events is as follows:

Issuance of RFP - June 9, 2000

Proposals Due - July 10, 2000, 5 p.m. (CDT)

Grant Execution - September 1, 2000

Maximum Funding Level - $12,000

Estimated Number of Awards - 5

TRD-200003840

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: May 31, 2000


Texas Education Agency

Request for Applications Concerning Science Center for Professional Development in Curriculum and Assessment, 2000-2001

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) # 701-00-031 from regional education service centers, institutions of higher education with approved teacher training programs, centers for professional development for teachers in Texas, nonprofit research institutes, county departments of education, nonprofit professional organizations, and other educational entities, or a consortia of the foregoing, to provide a Science Center for Professional Development in Curriculum and Assessment that will coordinate a statewide system of professional development in science for Texas administrators and science teachers. A for-profit entity may not serve as the fiscal agent for a grant, but could be a member of a consortium submitting an application. An applicant may contract with a for-profit entity to provide contracted services.

Description. The objectives of the center are to (1) assist in on-going efforts to implement the Texas Essential Knowledge and Skills (TEKS) for science; (2) identify appropriate instructional strategies and appropriate methods of assessment for the TEKS in science; (3) assist districts to prepare for new statewide science assessments at Grades 5 and 10 and the exit-level test at Grade 11; and (4) exemplify the principles that undergird all science programs of excellence in the reflected work of the center. The Science Center for Professional Development in Curriculum and Assessment will use a variety of staff development models that enable districts to address the needs of administrators and science educators. The professional development activities should include the six models of staff development: (1) individually-guided model, (2) observation/assessment model, (3) development/ improvement process model, (4) inquiry model, (5) training model, and (6) other models meeting local needs. The major focus of professional development will be effective instructional practices in science, including TEKS-based strategies for aligning science curriculum, instruction, and assessment. Evaluation of activities, products/deliverables, information, and materials will use criteria articulated in the Professional Development Imperative. Additional information on the Professional Development Imperative may be accessed at http://pdi.freehosting.net. The Science Center for Professional Development in Curriculum and Assessment will be implemented during the 2000-2001 school year.

Dates of Project. Applicants should plan for a starting date of no earlier than September 1, 2000, and an ending date of no later than August 31, 2001.

Project Amount. Funding will be provided for one project for a maximum of $500,000 for the 2000-2001 school year. It is anticipated that the project will be for a term of one year only. However, should the project be authorized for a second year, funding in the second year will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the State Board of Education, the commissioner of education, on appropriation by the Congress of the United States, and on reauthorization of the Goals 2000: Educate America Act. This project is funded with 100% federal funds from the Goals 2000: Educate America Act, Public Law Number 103-227.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

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

Requesting the Application. A complete copy of RFA #701-00-031 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA web site at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Geraldine Kidwell, Division of Curriculum and Professional Development, TEA, (512) 463-9581.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Monday, July 31, 2000, to be considered for funding.

TRD-200003848

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: May 31, 2000


Request for Applications Concerning Social Studies Center for Professional Development in Curriculum and Assessment, 2000-2001

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) # 701-00-030 from regional education service centers, institutions of higher education with approved teacher training programs, centers for professional development for teachers in Texas, nonprofit research institutes, county departments of education, nonprofit professional organizations, and other educational entities, or a consortia of the foregoing, to provide a Social Studies Center for Professional Development in Curriculum and Assessment that will coordinate a statewide system of professional development in social studies for Texas administrators and social studies teachers. A for-profit entity may not serve as the fiscal agent for a grant, but could be a member of a consortium submitting an application. An applicant may contract with a for-profit entity to provide contracted services.

Description. The objectives of the center are to (1) assist in on-going efforts to implement the Texas Essential Knowledge and Skills (TEKS) for social studies; (2) identify the appropriate instructional strategies and appropriate methods of assessment for the TEKS in social studies; (3) assist districts to prepare for new statewide social studies assessments at Grades 8 and 10 and the exit-level test at Grade 11; and (4) exemplify the principles that undergird all social studies programs of excellence in the reflected work of the center. The Social Studies Center for Professional Development in Curriculum and Assessment will use a variety of staff development models that enable districts to address the needs of administrators and social studies educators. The professional development activities should include the six models of staff development: (1) individually-guided model, (2) observation/assessment model, (3) development/improvement process model, (4) inquiry model, (5) training model, and (6) other models meeting local needs. The major focus of professional development will be effective instructional practices in social studies, including TEKS-based strategies for aligning social studies curriculum, instruction, and assessment. Evaluation of activities, products/deliverables, information, and materials will use criteria articulated in the Professional Development Imperative Additional information on the Professional Development Imperative may be accessed at http://pdi.freehosting.net . The Social Studies Center for Professional Development in Curriculum and Assessment will be implemented during the 2000-2001 school year.

Dates of Project. Applicants should plan for a starting date of no earlier than September 1, 2000, and an ending date of no later than August 31, 2001.

Project Amount. Funding will be provided for one project for a maximum of $500,000 for the 2000-2001 school year. It is anticipated that the project will be for a term of one year only. However, should the project be authorized for a second year, funding in the second year will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the State Board of Education, the commissioner of education, on appropriation by the Congress of the United States, and on reauthorization of the Goals 2000: Educate America Act. This project is funded with 100% federal funds from the Goals 2000: Educate America Act, Public Law Number 103-227.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

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

Requesting the Application. A complete copy of RFA #701-00-030 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA web site at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Geraldine Kidwell, Division of Curriculum and Professional Development, TEA, (512) 463-9581.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Monday, July 31, 2000, to be considered for funding.

TRD-200003850

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: May 31, 2000


General Services Commission

Notice of Contract Airline Fares Request for Proposal

The General Services Commission (the "GSC") announces a Request for Proposals ("RFP") for Contract Airline Fares (RFP #10-0500AF) to be provided to the State of Texas pursuant to the Texas Government Code, §2171.052. Any contract which results from this RFP shall be for the term of September 1, 2000, through August 31, 2001.

Pre-proposal Conference: A pre-proposal conference will be held on Wednesday, May 31, 2000, in Austin, Texas. The conference is scheduled from 1:30 p.m. to 3:30 p.m. at the following address: General Services Commission, Central Services Building, Room 200B, 1711 San Jacinto Blvd., Austin, Texas 78701. The purpose of the conference is to review the content of this RFP and to answer attendees' questions.

Submission of Response to the RFP: Responses to the RFP shall be submitted to and received by the GSC Bid Services Department on or before 3:00 p.m., Central Daylight Time, on June 19, 2000, and shall be delivered or sent to: The General Services Commission, Attn: Bid Services, RFP #10-0500AF, 1711 San Jacinto Blvd., Room 180, Austin, Texas 78701, or P.O. Box 13047, Austin, Texas 78711-3047.

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

Copies of RFP: If you are interested in receiving a copy of the RFP, contact Ms. Gerry Pavelka, Program Director, at (512) 463-3435 to request a copy.

TRD-200003717

Ann Dillon

General Counsel

General Services Commission

Filed: May 25, 2000


Office of the Governor

Notice of Request for Grant Applications for Project ChildSafe

The Governor's Criminal Justice Division is soliciting applications for a grant to manage and operate Project ChildSafe. The purpose of the program is to distribute gun safety kits throughout the State of Texas. The kits will include gun safety material and a gunlock, which will be fully packaged in a consistent and identifiable way. The selected grantee will distribute the kits to approximately 1320 city and county law enforcement agencies in Texas using a formula based on population that will be provided by the Criminal Justice Division.

Available Funding: One million dollars will be awarded to the selected grantee, with a potential for an additional four years of funding at the same level.

Eligible Applicants: State agencies, units of government, and private nonprofit corporations are eligible to apply.

Contact Information: For questions regarding this initiative, call Robert Bodisch at (512) 463-1806.

Application Submission and Deadline: Applications must be received by July 3, 2000 or postmarked by June 30, 2000. Mail applications to ChildSafe Initiative, Attention: Sophie Yanez, Governor's Criminal Justice Division, Post Office Box 12428, Austin, Texas, 78711 or deliver to 1100 San Jacinto, 2nd Floor, Austin, Texas, 78701.

Application Selection Process: A selection committee that includes staff members of the Governor's Office will review and score eligible applications using the point scale outlined in the Application Specifications section of this Request for Applications. The executive director of the Governor's Criminal Justice Division has the discretion to make all funding decisions. Additionally, the Criminal Justice Division reserves the right to rule any application ineligible or non-responsive, to not fund the grant, or to not use the entire funding allocation. A grant award does not ensure future funding.

Notification of Award. The Criminal Justice Division anticipates it will notify the selected applicant of the award of the grant by July 7, 2000.

Application Specifications: Applications must be printed in at least a ten point font on standard white 81/2" by 11" paper and must be no more than ten pages, not including letters of support or other attachments. Applicant must submit the original unbound copy along with a letter signed by the chief executive of the agency or organization authorizing the application submission. The required information below is all that is required for consideration for this grant. The selected applicant, however, will be required to submit additional forms and certification prior to program commencement.

All applications must include the following components in the following order:

1. A timeline and plan for program implementation that should meet the following timeline: submission to CJD of final distribution plan, information on locks and lock vendors, draft packaging, and draft educational materials, July 21; notice of availability of kits to law enforcement departments, August 1; and commencement of shipping, August 15. If variances to the above schedule are needed, the applicant must outline and explain them in this section. This section should include a plan for carrying out this program with as much detail as possible.

This section of the application is worth up to 25 points. These points will be awarded based on the documented ability to quickly implement the program within a well thought out plan.

2. A description of the applicant's ability to carry out the program. This information can include descriptions of internal staffing and structure, examples of similar or comparable programs operated, and descriptions of any special expertise that would be beneficial to Project ChildSafe.

This section of the application is worth up to 25 points. These points will be awarded based on the background of the applicant organization and their documented ability to and experience in handling a program of this size.

3. An administrative budget summary that includes the necessary personnel, contracts, travel, supplies, and equipment costs needed to operate the program. Examples of budgets are available from the Criminal Justice Division upon request. However, no set methods or forms are required.

This section of the application is worth up to 15 points. These points will be awarded based on the cost-effectiveness of the administrative portion of the application.

4. The estimated number of gun safety kits (educational materials, gunlocks, and packaging) that can be provided with the available funding, and the bidding specifications that will be used to procure the gunlocks, including the type of lock (i.e., trigger, cable, or other) and product guarantees. The applicant should not specify brand names of gunlocks. The grantee will be required to use competitive bidding procedures to secure the gunlocks. Additionally, the grantee should provide the number of donated or matching gun locks that the selected applicant will provide, if applicable. If the grantee selects foreign manufactured gunlocks, these locks must be procured and imported into the United States in accordance with U.S. laws. Gunlocks procured using state funds must be marked "NOT FOR RESALE."

This section of the application is worth up to 25 points. These points will be awarded based solely on the total number of kits that can be provided.

5. If the applicant has existing gun safety material suitable for use in the kits, they may attach the materials to the application. If the applicant does not have such materials, then the applicant should provide a time line for development and an abstract that outlines the philosophy and information to be included in the material. Such material must include, at a minimum, information that focuses on the need to secure weapons to better ensure the safety of children and how to properly install the gunlock provided in the kit. Materials should include clear, easy-to-understand messages along with practical advice. Pictures should be used whenever practical.

This section of the application is worth up to 10 points. These points will be awarded based on the clarity and substance of the message and information.

TRD-200003856

John Orton

Assistant General Counsel

Office of the Governor

Filed: May 31, 2000


Texas Department of Health

Designation of Hide-A-Way Women's Health and Birth Center as a Site Serving Medically Underserved Populations

The Texas Department of Health is required under the Occupations Code §157.052 to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: Hide-A-Way Women's Health and Birth Center, located at 14665, FM 849, Lindale, Texas 75771. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200003821

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 30, 2000


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: David D. Clements, D.C., Dallas, R19430; Preston Medical Center, Dallas, R20012; Pain & Injury Rehabilitation Centers, Inc., El Paso, R23650; Jayson B. Huneycutt, D.D.S., Arlington, R23794.

The complaints allege that these registrants have failed to pay required annual fees. 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, Telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200003819

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 30, 2000


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: Petra Technologies, Incorporated, Houston, L05233; Boccard USA Corporation, Houston, G01840; Palmida Montano, Wallis, G02044.

The complaints allege that these licensees have failed to pay required annual fees. 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, Telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200003820

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 30, 2000


Notice of Public Hearings Schedule for Development and Review of Block Grant Funds

Under the authority of the Preventive Health Amendments of 1992 (See 42 United States Code §§300w et.seq), the Texas Department of Health (department) is making application to the U.S. Public Health Service for funds to continue the Preventive Health and Health Services (PHHS) Block Grant during federal fiscal year (FFY) 2001. Provisions in the Act require the chief executive officer of each state to annually furnish a description (a state plan) of the intended use of block grant funds in advance of each FFY. A proposal of this description is to be made public within each state in such a manner as to facilitate comments.

In FFY 2000, fourteen activities were funded under the block grant. These include sexual assault prevention and crisis services, public information, public health promotion, minority health initiative, trauma registry, language services, continuing nursing education, behavioral risk factor surveillance system, local health departments, regional emergency health care system, drinking water fluoridation program, border environmental health, adult and community health, and community-based primary care (put prevention into practice).

The PHHS Block Grant award for FFY 2000 was $4,992,649. This is an 11.1% decrease from FFY 1999. Of this amount, $496,657 was required to be used for sexual assault prevention and crisis services.

The Crime Bill provides approximately $41.9 million for rape prevention education activities which will be divided among the states by population. Texas received approximately $3 million in FFY 2000. Although these monies are appropriated through the U.S. Department of Justice, the federal government has chosen to pass the funding to the states through the PHHS Block Grant award.

The department has prepared the following schedule for the development and review of the FFY 2001 State Plan for the PHHS Block Grant. In June of 2000, the department will hold public hearings in four public health regions (PHRs):

June 26, 2000

Public Health Regions 6 and 5 South, 5425 Polk, Suite J, Houston, Texas, 10:00 a.m.

June 27, 2000

Public Health Regions 9 and 10, 401 East Franklin, El Paso, Texas, 2:00 p.m.

June 27, 2000

Public Health Region 7, 1100 West 49th Street, Austin, Texas, 4:00 - 6:00 p.m.

June 28, 2000

Public Health Region 8, 7430 Louis Pasteur Drive, Room 130, San Antonio, Texas, 4:00 - 6:00 p.m.

Following these hearings, the department will summarize and consider the impact of the public comments received. The department will then notify the public of the availability of a published summary of these hearings. In July of 2000, the department will prepare the final FFY 2001 State Plan for the PHHS Block Grant and forward it to the Governor and federal government.

Please note that the department will continuously conduct activities to inform recipients of the availability of services/benefits, the rules and eligibility requirements, and complaint procedures. Written comments regarding the PHHS Block Grant may be submitted through July 12, 2000, to Philip Huang, M.D. M.P.H., Chief, Bureau of Disease, Injury and Tobacco Prevention, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. For further information, call (512) 458-7200.

TRD-200003818

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 30, 2000


Texas Department of Human Services

Public Notice - Open Solicitation #1 for Parmer County

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC §19.2324, the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Parmer County, County #185. Medicaid contracted nursing facility occupancy rates in Parmer County exceed the threshold (90% occupancy) in each of six months in the continuous period of July 1999 through December 1999. The county occupancy rates for each month of that period were: 93.1, 91.5, 91.7, 94.7, 94.0, 94.3. Potential contractors seeking to contract for existing beds which are currently licensed as nursing home beds or hospital beds in the counties identified in this public notice must demonstrate a history of quality of care, as specified in §19.2322(d) of this title (relating to Allocation, Reallocation, and Decertification Requirements). Potential contractors must submit a written reply (as described in 40 TAC §19.2324) to TDHS, to Joe D. Armstrong, Facility Enrollment Section, Long Term Care- Regulatory, Mail Code E-342, Post Office Box 149030, Austin, Texas 78714- 9030. The written reply must be received by TDHS before the close of business July 10, 2000, the published ending date of the open solicitation period. DHS allocates certified beds equally among qualified NFOs until the occupancy rate is reduced to less than 90%. When there are insufficient available beds after the primary selection to reduce occupancy rates to less than 90%, TDHS will place a public notice in the Texas Register announcing an additional open solicitation period for potential contractors wishing to construct a nursing facility or an addition to an existing nursing facility.

TRD-200003799

Paul Leche

General Counsel

Texas Department of Human Services

Filed: May 26, 2000


Texas Department of Insurance

Insurer Services

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

Application for admission to the State of Texas by SAFETY FIRST INSURANCE COMPANY, a foreign fire and casualty company. The home office is in St. Louis, Missouri.

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

TRD-200003864

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 31, 2000


Notice of Award of Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas Department of Insurance (TDI) announces the award of a contract for consultant and actuarial services. The request for proposal for consultant and actuarial services was published in the April 28, 2000, issue of the Texas Register (25 TexReg 3845).

The contract is awarded to Milliman & Robertson, Inc., 333 Clay Street, Suite 4330, Houston, Texas, 77002. Milliman & Robertson will assist TDI by conducting a study and cost-benefit analysis of 13 mandated health insurance benefits as provided in group health benefit plans.

The total amount of the contract is $248,000.00. The term of the contract is May 24, 2000 through December 31, 2000. Milliman & Robertson must complete the study and submit a final report to TDI by September 30, 2000.

TRD-200003830

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 30, 2000


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding GOD BLESS, INCORPORATED DBA T & M GROCERY, Docket No. 1998-0281-PST-E; PST Facility ID No. 0032740 on May 23, 2000, assessing $16,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mac Villas, Enforcement Coordinator at (512)239-2557 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 E.V. MASK DBA BEE'S CAMP, Docket No. 1998-1108-PWS-E; PWS No. 2320052 on May 23, 2000, assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Wright, Staff Attorney at (512) 239-2269, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087.

An agreed order was entered regarding Baylor University, Docket No. 1999-1365-AIR-E; Air Account No. MB-0200-M on May 23, 2000, assessing $12,500 in administrative penalties with $2,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Andrew Corporation, Docket No. 1999-1413-AIR-E; Air Account No. DF-0100-V on May 23, 2000, assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Eric Reese, Enforcement Coordinator at (512) 239-2611, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AIR LIQUIDE AMERICA CORP., Docket No. 1999-1417-AIR-E; Air Program ID No. JE-0351-I on May 23, 2000, assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LARRY LANG DBA PAACO OF GARLAND, Docket No. 1999- 1411-AIR-E; Air Account No. DB-1882-S on May 23, 2000, assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (512) 239-0259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VALERO REFINING COMPANY-TEXAS, Docket No. 1998- 1412-AIR-E; Air Account No. GB-0073-P on May 23, 2000, assessing $174,455 in administrative penalties.

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 DARLING INTERNATIONAL, INCORPORATED, Docket No. 1999-1329-AIR-E; Air Account No. HG-7725-I on May 23, 2000, assessing $2,500 in administrative penalties.

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

An agreed order was entered regarding DOLCO PACKING CORPORATION, Docket No. 2000-0044- AIR-E; Air Account No. DB-1276-U on May 23, 2000, assessing $2,500 in administrative penalties with $500 deferred.

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

An agreed order was entered regarding NATIONAL RAIL CAR, INCORPORATED, Docket No. 1999- 0851-AIR-E; Air Account No. ND-0035-K on May 23, 2000, assessing $3,500 in administrative penalties with $700 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 ARNOLD CRUSH STONE, INC., Docket No. 1998-1433-AIR-E; Air Account No. HO-0003-T on May 23, 2000, assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TXU PROCESSING COMPANY, Docket No. 1999-1384-AIR-E; Air Account No. BQ-0092-F on May 23, 2000, assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Eric Reese, Enforcement Coordinator at (512) 239-2611, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AMERICAN EAGLE ACCEPTANCE CORPORATION, Docket No. 1999-1412-AIR-E; Air Account No. DB-4218-N on May 23, 2000, assessing $900 in administrative penalties with $180 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 MILWHITE, INCORPORATED, Docket No. 1999-1336-AIR-E; Air Account No. C2-0004-K on May 23, 2000, assessing $5,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512) 239-1405, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LEGGETT & PLATT, INC., Docket No. 1999-0615-AIR-E; TNRCC ID No. ED0246Uon May 23, 2000, assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (512) 239-0259 or Joshua Olszewski, Staff Attorney at (512) 239-3645, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding SHERMAN FOUNDRY, A DIVISION OF HAMILTON FOUNDRY & MACHINE COMPANY, Docket No. 1999-0096-AIR-E; TNRCC ID No. GI-0058-D on May 23, 2000, assessing $12,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892 or John Peeler, Staff Attorney at (512) 239-3506, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding BEN PERALTA DBA PERALTA FENCE CORPORATION, Docket No. 1998-1265-AIR-E; TNRCC ID No. DF-0519-D on May 23, 2000, assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (512) 239-0259 or Tracy Gross, Staff Attorney at (512) 239-1736, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF GATESVILLE, Docket No. 1999-1080-MWD-E; WQ Permit No. 10176-001 and NPDES Permit No.TX0024953 on May 23, 2000, assessing $5,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kristi Jones, Enforcement Coordinator at (512) 239-1258, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALDINE INDEPENDENT SCHOOL DISTRICT, Docket No. 1999-1121-MWD-E; WQ Permit No. 13609-001 on May 23, 2000, assessing $1,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michelle Harris, Enforcement Coordinator at (512) 239-0492, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AQUASOURCE UTILITY, INC., Docket No. 1999-1164-MWD- E; WQ Permit No. 12519-001on May 23, 2000, assessing $2,700 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Joseph Daley, Enforcement Coordinator at (512) 239-3308, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding COOPER CAMERON CORPORATION, Docket No. 1999-1081- MWD-E; WQ Permit No. 13668-001 on May 23, 2000, assessing $13,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF NEWARK, Docket No. 1998-1048-MWD-E; WQ Permit No. 11626-01on May 23, 2000, assessing $4,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF GRAPELAND, Docket No. 1999-1260-MWD-E; WQ 10181-002on May 23, 2000, assessing $7,875 in administrative penalties.

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

An agreed order was entered regarding GREENWOOD MUNICIPAL UTILITY DISTRICT, Docket No. 1999-1253-MWD-E; WQ Permit No. 11061-001; NPDES Permit No. TX0020800 on May 23, 2000, assessing $2,700 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (512) 239-2359, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF CRYSTAL CITY, Docket No. 1999-0958-MWD-E; WQ Permit 10098-001on May 23, 2000, assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kristi Jones, Enforcement Coordinator at (512) 239-1258, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HAMPSHIRE CHEMICAL CORPORATION, Docket No. 1999- 0744-IWD-E; WQ Permit No. 02558; NPDES Permit No. TX0089567 on May 23, 2000, assessing $15,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Pamela Campbell, Enforcement Coordinator at (512) 239-4493, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MILLENNIUM PETROCHEMICALS, INC., Docket No. 1999- 1399-IHW-E; SWR No. 30049 on May 23, 2000, assessing $3,125 in administrative penalties.

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 A-MEDCO, INC., Docket No. 1999-1248-MSW-E; TNRCC #54004 on May 23, 2000, assessing $9,000 in administrative penalties with $7,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Bill Davis, Enforcement Coordinator at (512) 239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VIJAY JAIN DBA ISLAND FOOD MART, Docket No. 1999- 1310-PST-E; PST Facility ID No. 0066101 on May 23, 2000, assessing $1,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robbie Allen, Enforcement Coordinator at (512) 239-3142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JKY, INC. DBA THRALL FOOD STORE, Docket No. 1999- 1281-PST-E; PST Facility ID No. 57822 on May 23, 2000, assessing $4,500 in administrative penalties with $900 deferred.

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 NEW BLESSINGS, INC. DBA AM-PM MINI MART # 2, Docket No. 1999-1071-PST-E; PST Facility ID No. 0009161on May 23, 2000, assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael De La Cruz, Enforcement Coordinator at (512) 239-0259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RON LANEY OIL COMPANY, INC. AND WILLARD SKILES DBA SKILES BROTHERS EXXON, Docket No. 1999-1013-PST-E; Facility ID No. 08316 on May 23, 2000, assessing $1,550 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489 or Scott McDonald, Staff Attorney at (512) 239-6005, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding A.C. VIRANI DBA AIRWOOD GROCERY, Docket No. 1999- 0422-PST-E; PST Facility ID No. 0053750 on May 23, 2000, assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sushil Modak, Enforcement Coordinator at (512) 239-2142 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 PRINCE INTERNATIONAL, INC. DBA ROZI'S MINI MA, Docket No. 1999-1311-PST-E; PST Facility ID No. 0027207 on May 23, 2000, assessing $900 in administrative penalties with $180 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 JOHN P. FITZGERALD DBA HARD ROCK CONSTRUCTION, Docket No. 1999-1277-OSI-E; OSS Facility Certification No. OS 3842 on May 23, 2000, assessing $1,375 in administrative penalties with $275 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JOE TREVINO DBA TRECON CONSTRUCTION COMPANY, Docket No. 1999-1223-OSI-E; OSS Facility ID No. OS92 on May 23, 2000, assessing $375 in administrative penalties with $75 deferred.

Information concerning any aspect of this order may be obtained by contacting Corey Burke, Enforcement Coordinator at (512) 239-5259, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding U.S. ARMY CORPS OF ENGINEERS, Docket No. 1999-1154- PWS-E; PWS Nos. 1210040 and 2290032 on May 23, 2000, assessing $3,338 in administrative penalties with $170 deferred.

Information concerning any aspect of this order may be obtained by contacting Paul Beasley, Enforcement Coordinator at (512) 239-1759, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding 7-ELEVEN, INC., Docket No. 1999-0542-PWS-E; TNRCC PWS No. 2270214 on May 23, 2000, assessing $5,375 in administrative penalties.

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.

TRD-200003835

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


Notice of Application for Creation of a Municipal Utility District, Impose Standby Fees, and/or Conversion to a Special Utility District

Petitioners filed a petition for creation of FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 122 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there is one lienholder on the land to be included in the proposed district; (3) the proposed District will contain approximately 339.35 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $13,023,000.

Petitioners filed a petition for creation of FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 123 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there is one lienholder on the land to be included in the proposed district; (3) the proposed District will contain approximately 511.56 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $18,520,000.

Petitioners filed a petition for creation of MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 88 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed district; (3) the proposed District will contain approximately 416.806 acres located within Montgomery County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $18,500,000.

Petitioners filed a petition for creation of MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 89 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the petitioners are owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed district; (3) the proposed District will contain approximately 415.071 acres located within Montgomery County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within such jurisdiction of any other city. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the petitioners, from the information available at this time, that the cost of said project will be approximately $20,395,000.

HARRIS COUNTY UTILITY DISTRICT NO. 14 (District) has applied to the Texas Natural Resource Conservation Commission (TNRCC) for authority to adopt and impose an annual uniform operations and maintenance standby fee. The District proposes to adopt and impose the maximum standby fee allowable under TNRCC rules per equivalent single family connection (ESFC) per year for calendar years 2001-2003, on undeveloped property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural rules of the TNRCC. The Commission may approve the annual standby fees as requested, or it may approve a lower standby fee, but it shall not approve a standby fee greater than the amount requested. The standby fee, if approved, is a personal obligation of the person owning the undeveloped property as of the time for which the fee is assessed. A person is not relieved of his pro-rated share of the standby fee obligation on transfer of title to the property. A lien may be attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The standby fee, if approved, will be billed by the District. The purpose of standby fees is to distribute a fair portion of the cost burden for financing operations and maintenance costs of the District facilities to owners of property who have not constructed vertical improvements but have water, wastewater or drainage facilities or capacity available. Any revenues collected from the operations and maintenance standby fees shall be used to supplement the District's operations and maintenance account.

BOLIVAR PENINSULA WATER SUPPLY CORPORATION has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Bolivar Peninsula Water Supply Corporation to Bolivar Peninsula Special Utility District and to transfer Certificate of Convenience and Necessity (CCN) No. 10137 from Bolivar Peninsula Water Supply Corporation to Bolivar Peninsula Special Utility District. Bolivar Peninsula Special Utility District's business address will be P.O. Box 1130, Crystal Beach, Texas 77650. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The nature and purpose of the petition are for the conversion of Bolivar Peninsula Water Supply Corporation to the organization, creation and establishment of Bolivar Peninsula Special Utility District under the provisions of Article XVI, §59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code and CCN No. 10137 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by Bolivar Peninsula Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by Bolivar Peninsula Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Galveston County, Texas, with a total approximate acreage of 32,217 acres. The proposed District is located within portions of the extra-territorial jurisdiction of the cities of Texas City and Galveston. CCN No. 10137 will be transferred after a positive confirmation election.

The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the 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) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

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

TRD-200003837

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC staff proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code (the Code), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 10, 2000 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that a proposed Default Order is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 10, 2000 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing .

(1) COMPANY: Curiel Trucking, Incorporated; DOCKET NUMBER 1999-0957-AIR-E; TNRCC ID NUMBER: EE-0739-E; LOCATION: 266 Horizon Boulevard, El Paso, El Paso County, Texas; TYPE OF FACILITY: transporting construction material; RULES VIOLATED: 30 TAC §111.143(3)(B) and Texas Health and Safety Code, §382.085(b) by transporting materials that emitted dust in open-bodied trucks without covering the truck beds to control dust emissions; PENALTY: $3,500; STAFF ATTORNEY: I-Jung Chiang, Litigation Division, P.O. Box 13087 Austin, Texas 78711-1387, (512) 239-3400; REGIONAL OFFICE: 401 East Franklin, El Paso, Texas 79925-5633, (915) 834-4949.

TRD-200003817

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075. Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is July 10, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 10, 2000 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: Bradeco, Incorporated; DOCKET NUMBER: 1999-0848-AGR-E; TNRCC IDENTIFICATION (ID) NUMBER: 03269; LOCATION: near State Highway 67 and Farm-to-Market Road 2481, Erath County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: 30 TAC §321.31 and the Code, §26.121 and Special Provisions 1.3.1 and 2.2.1 of Water Quality Permit 03269 by allowing irrigation water to run off its property and into a culvert under a private road and thence into an unnamed tributary of Lesly Lake; Special Provision 2.2.4 of Water Quality Permit 03269 by allowing ponding and puddling of the irrigation water on the application field; Special Provision 2.2.6 of Water Quality Permit 03269 by failing to provide procedures or structures to prevent irrigation tail water from flowing from its property to adjacent property or waters in the state; and 30 TAC §321.42 and Standard Provision 2 of Water Quality Permit 03269 by failing to notify the executive director of the discharge; PENALTY:$10,625; STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: John Crider dba Enviroserve; DOCKET NUMBER: 1999-1035-OSS-E; TNRCC ID NUMBER: OS5509; LOCATION: Parker, Johnson, and Wise County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.58(a)(3) and Texas Health and Safety Code (THSC), §366.051(c) by installing constructing, altering, extending, and/or repairing OSSFs at Blackberry Springs Subdivision, Lot Numbers 20, 22, 24, 29, 50, 73, 74, and 79, Johnson County, and Ketchum Farms Subdivision, Lot Number 2, Wise County, without first obtaining proper authorization from the permitting authority; 30 TAC §285.7(h) by failing to submit reports on OSSF system installation for OSSFs he installed at the residences of Lawrence York, Glen Wilson, David Frazey, Brenda Tompkins, Thomas Kettle, and Benny Jenkins; PENALTY: $3,750; STAFF ATTORNEY: Tracy Gross, Litigation Division, MC 175, (512) 239- 1736; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3) COMPANY: David Patel dba Minute Market; DOCKET NUMBER 1999-0665-PST-E; TNRCC ID NUMBER: 0053795; LOCATION: 1702 Brazosport Boulevard, Freeport, Brazoria County, Texas; TYPE OF FACILITY: underground storage tank (UST); RULES VIOLATED: 30 TAC §115.241 and the Code, §382.085 by failing to install an approved Stage II vapor recovery system certified to reduce the emission of volatile organic compounds to the atmosphere by at least 95%; and 30 TAC §334.93(a) and (b) by failing to demonstrate the required financial assurance for taking corrective action and for third party compensation for bodily injury and property damage caused by accidental releases arising for UST operations; PENALTY:$3,150; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Henry L. Mallicoat dba Rocky Creek Co-Op; DOCKET NUMBER 2000-0082- PWS-E; TNRCC ID NUMBER: N0029; LOCATION: three miles east of South Highway 63 off the right hand side of State Highway 147 on County Road 327, Zavala, Angelina County Texas; TYPE OF FACILITY: exempt water utility; RULES VIOLATED: 30 TAC §291.103(d)(4) and the Code, §13.250(d) by failing to comply with the service rule requirements set forth in the utility's exempt utility tariff form; PENALTY: $750; STAFF ATTORNEY: M. Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Southern Utilities Company; DOCKET NUMBER: 1998-1139-PWS-E; TNRCC ID NUMBER: 2120063; LOCATION: Smith and Cherokee Counties, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(1)(A) by failing to maintain a minimum chlorine residual level of 0.2 milligram per liter in the distribution system; 30 TAC §290.46(m), (p), and (w) by failing to initiate a program to facilitate cleanliness and to improve the general appearance of all plant facilities; by failing to conduct and record the results of annual inspections of ground storage and elevated storage tanks; and by failing to post a legible ownership sign at the production, treatment, and storage facilities at the following locations: Curtis Addition Plant, Teaselville Plant, and Gresham Plant Number 3; 30 TAC §290.42(e)(7) by failing to equip the chlorination room with both high level and floor level screened vents at the Noonday Plant Number 1, Ben Hughey Plant, Curtis Addition Plant, Kirkpatrick Plant Number 2, and Teaselville Plant; 30 TAC §290.41(c)(3)(J) and (N) by failing to provide and maintain a concrete sealing block extending at least three feet from the well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inches per foot around the wellhead at the Gresham Plant Number 3, Dixon Plant, and Kirkpatrick Plant Number 2 and by failing to install a flow measuring device on each well at the Reese Plant and Gresham Plant Number 1; and 30 TAC §290.42(h) and the Code, §26.121(a) and (c) by failing to obtain from the commission a permit for discharging wastes from the water treatment processes; PENALTY:$9,000; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: City of Weslaco; DOCKET NUMBER 1999-0308-MSW-E; TNRCC ID NUMBER: 258; LOCATION: located 4.5 miles north of Mission, Texas, on the east side of Bryan Road and adjacent to the southeast corner of the city limits of Alton, Hidalgo County, Texas; TYPE OF FACILITY: type l municipal solid waste (MSW) disposal facility; RULES VIOLATED: 30 TAC §330.1(b) and Municipal Solid Waste Permit 258 by failing to comply with Subtitle D requirements regarding the installation of a final landfill cover; 30 TAC §330.130 by failing to conduct methane gas monitoring and failing to number existing methane gas probes; 30 TAC §330.133(e) and (f) by failing to conduct erosion repairs of the intermediate cover as needed on the north slopes of cells number 3, 4 and 6 and by failing to complete final cover for the landfill in accordance with the facility's site closure plan; 30 TAC §330.111 and Municipal Solid Waste Permit 258 by failing to conduct groundwater monitoring according to the operational requirements in the facility's approved site development plan; 30 TAC §330.253 by failing to meet the final closure requirements for MSW landfills that received waste on or after October 9, 1993; PENALTY: $13,125; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC 175, (512) 239-6005; REGIONAL: 1804 West Jefferson Avenue, Harlingen, Texas, 78550-5247, (956) 425-6010.

TRD-200003816

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


Notice of Priority Groundwater Management Area Report Completion

Pursuant to 30 TAC, §294.41(g), the executive director of the Texas Natural Resource Conservation Commission (TNRCC) gives notice of the completion, recommended action, and availability of the Priority Groundwater Management Area (PGMA) report entitled Evaluation of Northern Bexar County for Inclusion in the Hill Country Priority Groundwater Management Area . In his report, the executive director recommends that a PGMA be designated for Northern Bexar County and that a groundwater conservation district be created in the PGMA. The report was filed with the chief clerk of the TNRCC on May 12, 2000. The matter has been referred to the State Office of Administrative Hearings for a public hearing to be scheduled at a later date.

REPORT AVAILABILITY

The executive director's report is available for public inspection at the Office of the Bexar County Clerk, 100 Dolorosa, Room 108, San Antonio; the University of Texas at San Antonio Library, 6900 N. Loop West, San Antonio; and the San Antonio Public Library, Ronald Reagan High School Public Library, 20730 Huebner Road, San Antonio. The report is also available for review at the TNRCC Region 13 office, 140 Heimer Road, Suite 360, San Antonio and the TNRCC Library, 12100 Park 35 Circle, Building A, Austin. Copies of the report may be obtained by contacting Mr. Kelly Mills, TNRCC, Technical Analysis Division, at (512) 239-4512 or by email at kmills@tnrcc.state.tx.us.

RECOMMENDED ACTION

The Northern Bexar County PGMA report was prepared in response to a September 23, 1998, petition from the City of Grey Forest, Bexar County, and four landowner petitions received shortly thereafter. The petitions requested the TNRCC to amend the boundaries of the Hill Country PGMA to include a portion of northern Bexar County overlying the Trinity aquifer. The inclusion of northern Bexar County into the Hill Country PGMA will allow landowners in the area the opportunity to create a groundwater conservation district that has authority to manage and conserve the limited groundwater resources of the area. The executive director's report was prepared in accordance with Texas Water Code, §35.007. Staff considered comments, information, and data provided by stakeholders in the area, the Texas Water Development Board and the Texas Parks and Wildlife Department, and data and information gathered from staff's independent research.

The nine stakeholders who responded to a July 9, 1999, notice of study initiation sent to 45 stakeholders in the study area unanimously supported designating the northern Bexar County area as a PGMA and adding the area to the Hill Country PGMA. The two most common reasons cited in support of this were continuing water-level declines, and the common source of water (the Trinity aquifer) in the study area and in the Hill Country PGMA.

Identified natural resource concerns in the study area include the loss of habitat for terrestrial wildlife species resulting from urbanization such as at the Camp Bullis Reservation, and brush management techniques to increase groundwater yields.

The Trinity aquifer is the primary source of water in the study area and there are no reported sources of surface water within or available for use in the study area. Water in the Trinity aquifer generally is fresh to slightly saline and is hard to very hard. Presently, regional aquifer water quality does not appear to have been impacted by human activities, although the potential for such impacts continues to increase as population in the region increases. The amount of groundwater available for use annually from the Trinity aquifer in the study area is approximately 5,700 acre-feet. In 1995 and 1997, estimated groundwater pumpage was 6,500 and 6,683 acre-feet, respectively. Pumpage in excess of annual availability removes water from aquifer storage and leads to declines in groundwater levels. Water levels in some parts of the study area have declined, although a consistent decline was not evident everywhere in the area.

A conservative estimate indicates that population in the study area will increase from approximately 13,600 in 1990 to approximately 40,000 by the year 2020. A projected water demand estimate suggests that 9,815 acre-feet of groundwater will be pumped from the Trinity aquifer in the year 2020. If this occurs water will continue to be removed from aquifer storage and aquifer water levels will continue to decline. Significant declines in water levels may result in increased pumping lifts, reduced pumping rates, and worsening water quality.

Presently, six groundwater conservation districts within the Hill Country PGMA have authority to manage the Trinity aquifer but none has authority to manage the Trinity aquifer within the study area. The executive director has concluded that a groundwater conservation district within the study area would be beneficial to the land and to the public and has recommended the creation of a groundwater conservation district. If the TNRCC designates Northern Bexar County as a PGMA, state law provides landowners within the PGMA the opportunity to create a groundwater conservation either through the petition or legislative process or by joining an adjacent existing district. If local efforts fail to create a district in a PGMA, the commission is statutorily required to create a district.

The almost-exclusive dependence of the study area on the Trinity aquifer, identified water supply concerns, and potential water level declines resulting from an increased demand due to a rapid growth in population, constitute a "critical" water problem. The executive director recommends that the study area be designated as a Priority Groundwater Management Area. Furthermore, because the study area is both hydrologically and geologically a continuation of the Hill Country PGMA located directly to the north and the areas have common groundwater concerns, the executive director recommends that the study area be added to the Hill Country PGMA by the commission by amending the boundary of the Hill Country PGMA. The executive director further recommends that the area of Bexar County north of the north line of Subdivision No. 1 of the Underground Water Reservoir in the Edwards Limestone, Balcones Escarpment Area, as defined by order of the Texas Board of Water Engineers dated January 10, 1957, be added to the Hill Country Priority Groundwater Management Area.

TRD-200003800

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 26, 2000


Notice of Water Rights Application

Notice is given that the LUTHER L. MINZENMAYER AND JEANIE MINZENMAYER, P.O. Box 731, Ballinger, TX 76821, applicants, seek to amend a certificate of adjudication pursuant to Texas Water Code §11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC §295.1, et seq. Certificate of Adjudication 14-1096 authorized Walter Adami to divert and use not to exceed 52 acre-feet of water per annum from two diversion points on Elm Creek, tributary of the Colorado River, at Latitude 31.79øN and Longitude 99.94øW, to irrigate 52 acres of land out of a 173.7 acre tract in the San Jose Ximinies Survey No. 265, Abstract No. 569 approximately one mile south of Lake Winters and approximately 5 miles east- southeast of Winters in Runnels County, Texas. Maximum authorized diversion rate is 2.67 cfs (1200 gpm) with a time priority of 1954. The applicants acquired all of the water rights, but not the land, included in the certificate. The applicants seek authorization to amend Certificate of Adjudication 14-1096 to: 1) establish a diversion point on Coyote Creek upstream of its confluence with Elm Creek, at a point at Latitude 31.94øN and Longitude 99.87 øW approximately 10.5 miles south of Winters and 2) establish the place of use as 52 acres of land per year out of a 197.4 acre tract consisting of 8.2 acres in the Thomas Toby Survey No. 530-1/8, Abstract No. 489; 13.031 acres in the A.D. Neill Survey, Abstract No. 667; 19.200 acres out of the J.H. Barnhill Survey, Abstract No. 22; 17 acres in the Thomas T. Williamson Survey No. 530, Abstract No. 530; 135.258 acres in the Willett Holmes Survey No. 100, Abstract No. 618; and 4.711 acres in the Henry Garmes Survey No. 540, Abstract No. 197, in Runnels County, as described in Exhibit A of the Warranty Deed with Vendor Lien filed in Volume 14 Page 613 of the Runnels County Records. Applicant is not requesting an increase in the amount of water diverted per year or in the diversion rate. The priority date of the requested amendment will be 1954 except that it will be junior in priority to all existing water rights in the Coyote Creek watershed.

Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by June 13, 2000. 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 13, 2000. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by June 13, 2000. The Commission may approve the application unless a written request for a contested case hearing is filed. 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-200003836

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


Notice of Water Rights Application

Notice is given that ELEMENTIS CHROMIUM, LP, P.O. Box 9912, Corpus Christi, TX 78469, applicant, seeks to amend a certificate of adjudication pursuant to Texas Water Code §11.122 and Texas Natural Resource Conservation Commission Rules 30 TAC §295.1, et seq. Certificate of Adjudication No. 22-4504 authorizes the owner to divert, with a time priority of August 3, 1970, not to exceed 84,200 acre-feet of water per annum from the Tule Lake Channel (Corpus Christi Ship Channel), tributary of Corpus Christi Bay, Nueces- Rio Grande Coastal Basin for industrial purposes (cooling) in Nueces County, Texas, at a maximum diversion rate is 131.11 cfs (59,000 gpm). The authorized diversion point is located in the Enriquez Villareal (Rincon del Oso) Grant, Abstract 1, Nueces County, Texas. The certificate of adjudication further indicates that a maximum of 1095 acre-feet per annum of the total authorized for diversion may be consumptively used for cooling purposes, and that water not consumed must be returned to the ship channel. The applicant seeks to amend Certificate of Adjudication No. 4504 to increase the consumptive use of the water from 1095 acre-feet per annum to 8,355 acre-feet per annum. The diversion point of the water will remain as originally authorized in the certificate and no other changes are requested.

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, 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-200003838

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 26, 2000. Assessing Administrative Penalties Against and Ordering Corrective Action by Bell Point Refining, L.L.C. SOAH Docket No.582-99-1126;TNRCC Docket No. 1998-1507-IHW-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas, 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200003834

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


Public Notice

The executive director of the Texas Natural Resource Conservation Commission (TNRCC) is issuing a notice of deletion (delisting) of the Butler Ranch state superfund site (the site) from the state registry (state superfund list) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

TNRCC is delisting the site because pursuant to 30 TAC §335.344(c), the executive director has determined that the site no longer presents such an endangerment due to the removal or remedial actions that have been performed at the site.

In accordance with §335.334(b), the TNRCC held a public meeting to receive comment on this intended deletion on April 13, 2000, at the City Hall of Falls City, Texas. No challenges were received to the proposal to delete the site from the state superfund registry.

The site was originally proposed for listing on the state registry on January 16, 1987 (12 TexReg 205-206). The site, including all land, structures, appurtenances, and other improvements, is located approximately 12 miles west of Falls City, Karnes County, Texas. In addition, the site includes any areas outside the property boundary where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the site property.

The site consists of two abandoned uranium mining pits that were used for the disposal of hazardous substances in the early to mid 1970's. The TNRCC designated these pits as Pit 1 and Pit 2. Pit 1 is located 11.1 miles west of Falls City, and immediately south of Farm-to-Market Road 791. Pit 2 is located 11.8 miles west of Falls City, and immediately south of Farm-to-Market Road 791.

From 1993 to 1995, the TNRCC performed a remedial investigation at the site to determine the nature and extent of contamination. The remedial investigation included the collection and analysis of surface and subsurface soils, the installation of groundwater monitoring wells, and the collection of surface water samples. From 1995 to 1996, the TNRCC performed a removal action that entailed the removal of 276 55-gallon drums containing hazardous substances and the excavation and disposal of approximately 820 cubic yards of contaminated soil. Surface soil samples were collected after the removal action was completed that indicated residual chemical constituents remain in the bottom of both pits.

The on-site shallow groundwater has been affected by the chemical constituents at the site; however, the shallow groundwater zone beneath the site is not a current source of drinking water and is incapable of supplying water in useable quantities. The TNRCC equates "useable quantities" as 150 gallons per day. For these reasons, existing concentrations of the chemical constituents found in the groundwater do not pose a threat to human health. In 1997, all site monitoring wells were properly plugged and abandoned.

Site risks were evaluated through the preparation of a human health risk assessment which used facts and assumptions to estimate potential adverse effects on human health from exposure to the existing chemical constituents. The future land use in Pit 1 and Pit 2 is considered to be commercial/industrial. Both pits contain very limited areas of chemical constituents that are at concentrations greater than their respective remediation goals. The risk assessment concluded that because of exposure and future land use considerations, adverse health effects are not expected at the site. The TNRCC will place a deed recordation on the site in order to document the levels of chemical constituents remaining at the site in the soils and groundwater.

Former uranium mining Pit 1 and Pit 2 are associated with the TNRCC and also the Railroad Commission of Texas (RRC). The RRC has and currently tracks these former mining pits as the J. M. Hackney site. The J. M. Hackney site has been listed on the RRC's list for consideration for reclamation. Because the residual chemical constituents found in the surface soils are located in the bottom of both former uranium mining pits, and because both pits are on the list for consideration for reclamation using monies from the Abandoned Mine Reclamation Fund, the TNRCC is deferring the Butler Ranch state superfund site to the RRC for further action. The site is not appropriate for residential use according to risk reduction standards applicable at the time of approval of the remediation final report.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Karnes County, Texas stating that the site has been deleted from the state registry.

All inquiries regarding the deletion of the site should be directed to Bruce McAnally, Texas Natural Resource Conservation Commission, Community Relations, telephone numbers 1-800-633-9363 (within Texas only) or (512) 239-2141.

TRD-200003810

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 30, 2000


Public Utility Commission of Texas

Notice of Application for a Good Cause Exception to P.U.C. Substantive Rules §25.141 and §25.142

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 19, 2000, for good cause exception to P.U.C. Substantive Rules §25.141 and §25.142, pertaining to submetering.

Docket Title and Number: Application of Contrail Capital Management Corp. and American Properties for Good Cause Exception to P.U.C. Substantive Rules §25.141 and §25.142, and Request for Permission to Use Additional Billing Methods. Docket Number 22558.

The Application: Contrail Capital Management Corp. and American Properties (Contrail or Applicants) are property management companies involved in the management of master metered apartment houses primarily in North Texas. The Applicants seek good cause exemptions, and permission to use additional billing methods, in the billing by an apartment house owner of submetered and nonsubmetered master metered electricity to tenants.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 22558.

TRD-200003827

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


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

On May 23, 2000, Tel-Save, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60118. Applicant intends to revise its certification to include facilities-based services provided through UNE-P arrangements with other certificated local exchange carriers.

The Application: Application of Tel-Save, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22572.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than June 12, 2000. You may contact the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22572.

TRD-200003721

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2000


Notice of Application for Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 24, 2000, for a certificate of operating authority (COA), pursuant to §§54.101 - 54.105 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of KCC Telcom, Inc. for a Certificate of Operating Authority, Docket Number 22583 before the Public Utility Commission of Texas.

Applicant intends to provide a complete line of telecommunications services, including residential and business dial tone access lines, custom calling, CLASS and Voice Mail features, long distance, ADSL and ISDN, dial-up Internet service and high speed Internet access.

Applicant's requested COA 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 14, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200003829

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for sale, transfer, or merger on May 23, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 (Vernon 1998).

Docket Style and Number: Application for Sale, Transfer, or Merger of Fort Bend Telephone Company and TXU Corporation. Docket Number 22575.

The Application: Fort Bend Telephone Company (FBTC) seeks approval of the merger of its parent company, Fort Bend Communication Companies, Inc. (FBCC), with TXUCOM Acquisition Co., a second tier subsidiary of TXU Corporation. FBTC will remain an operating subsidiary of FBCC. FBTC asserts that the merger will not result in any change in rates, services, tariffs, or charges to the customers of FBTC.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200003828

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 19, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Waymark Internet Services, Inc. doing business as Waymark Communications for a Service Provider Certificate of Operating Authority, Docket Number 22561 before the Public Utility Commission of Texas.

Applicant intends to provide facilities-based and data telecommunications services.

Applicant's requested SPCOA geographic area includes the geographic area currently served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 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 12, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200003720

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2000


Notice of Application Pursuant to P.U.C. Substantive Rule §26.171

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 3, 2000, pursuant to P.U.C. Substantive Rule §26.171 for approval of a new optional service offering.

Tariff Title and Number: Application of West Texas Rural Telephone Cooperative, Inc. for Approval to Offer Extended Local Calling Services Pursuant to P.U.C. Substantive Rule §26.171. Tariff Number 22495.

The Application: West Texas Rural Telephone Cooperative, Inc. (West Texas or the cooperative) seeks approval to offer extended local calling service at no additional fee between the subscribers of the following exchanges: Dawn, Frio, Hub, Milo Center, Oklahoma Lane, Parmer, Summerfield, Tharp and Westway. The application will not affect the cooperative's current tariffed rates. The cooperative estimates the proposed rate change will result in an increase of $0.00 in intrastate gross annual revenues. The cooperative proposes an effective date of August 3, 2000.

Subscribers of West Texas have a right to petition the commission for review of this proposed rate change by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 105 affected local service customers, and must be received by the commission no later than July 3, 2000.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 on or before July 3, 2000. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Please reference Tariff Number 22495.

TRD-200003826

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


Notice of Application to Amend Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 23, 2000, to amend a certificate of convenience and necessity pursuant to §§14.001, 37.051, and 37.054, 37.056, 37.057 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998) (PURA). A summary of the application follows.

Docket Style and Number: Application of El Paso Electric Company (EPEC) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within El Paso County. Docket Number 22574.

The Application: EPEC proposes construction of a 115 kV transmission line, an upgrade of an existing 69 kV transmission line to 115 kV, and the installation of a new substation in far east El Paso County, Texas. The project is contained within a 26 square mile area located one mile east of Loop 375 between Interstate 10 and the Montwood/Zaragosa intersection. The proposed 14.4 mile line extension will connect EPEC's new Montwood Substation to Horizon and Sparks Substations. The Horizon Substation is located in the town of Horizon City on Rodman Drive just north of Horizon Blvd. EPEC's new Sparks Substation will be constructed at the northwest corner of Nonap Road and Gateway West adjacent to Sparks Subdivision. Copies of the amended application and additional associated maps are available for reviewing at the EPEC office located at 123 West Mills Street, Suite 295, El Paso, Texas. Arrangements to view or obtain a map may be made by contacting Lawrence F. Thoenen at (915) 543-5811 or Martha A. Velasco at (915) 543-4025.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. The deadline for intervention in the proceeding will be established, but will be no earlier than July 7, 2000. The commission should receive a letter requesting intervention on or before that date

TRD-200003839

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


Public Notice of Amendment to Interconnection Agreement

On May 19, 2000, Southwestern Bell Telephone Company and Reliant Energy Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22559. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22559. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 20, 2000, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22559.

TRD-200003678

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 24, 2000


Public Notice of Amendment to Interconnection Agreement

On May 24, 2000, Southwestern Bell Telephone Company and FEC Communications, LLP, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22584. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22584. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 22, 2000, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22584.

TRD-200003832

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


Public Notice of Changed Date for Second Stakeholder Consensus Meeting on Report to the 77th Legislature on Intrastate Switched Access Rates

At the April 27, 2000, Open Meeting, the commission directed staff to convene a forum in this project in which interested parties could have an opportunity to reach consensus on intrastate switched access reform in Texas. The first stakeholder consensus meeting was convened on May 22, 2000. At parties' request, staff of the Public Utility Commission of Texas (commission) will reschedule the second stakeholders consensus meeting from Tuesday, June 6, 2000, at 9:30 a.m. in the Commissioners' Hearing Room to Wednesday, June 21, 2000, at 10:00 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21168, Report to the 77th Legislature on Intrastate Switched Access Rates, has been established for this proceeding.

The format for the June 21 stakeholder meeting will be similar to the May 22 meeting. No court reporter will be present. However, parties should be prepared to begin the June 21 meeting with an oral report of consensus building developments since the May 22 meeting, and then to further discuss intrastate switched access reform without staff present.

Questions concerning the stakeholders consensus meeting or this notice should be referred to Jenny Kambhampati, Office of Policy Development, 512-936-7157, or Janis Ervin, Office of Regulatory Affairs, 512-936-7372. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200003793

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2000


Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission), of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. Southwestern Bell Telephone Company's Application for Approval of LRIC Study for SmartCoin Service Pursuant to P.U.C. Substantive Rule §26.215 on or after June 2, 2000, Docket Number 22578.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 22578. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's 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.

TRD-200003724

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2000


Public Notice of Interconnection Agreement

On May 24, 2000, Southwestern Bell Telephone Company and DVC Telecom, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22581. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22581. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 22, 2000, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22581.

TRD-200003772

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 26, 2000


Public Notice of Interconnection Agreements

On May 23, 2000, Alltel Communications Service Corporation and Phone-Link, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22573. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22573. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 22, 2000, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22573.

TRD-200003722

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2000


Public Notice of Interconnection Agreements

On May 23, 2000, Southwestern Bell Telephone Company and Premiere Network Services, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22576. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22576. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 22, 2000, and shall include:

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

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

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

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

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

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

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

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 22576.

TRD-200003723

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2000


Public Notice of Workshop on Price to Beat

The Public Utility Commission of Texas (commission) will hold a workshop regarding the price to beat, on Friday, June 23, 2000, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21409, Rulemaking Relating to Price to Beat has been established for this proceeding.

Staff will make a detailed agenda for the workshop available during the week of June 4, 2000. Questions concerning the workshop or this notice should be referred to Kit Pevoto at (512) 936-7375 or kit.pevoto@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200003824

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


Request for Comments Regarding Customer Proprietary Network Information and P.U.C. Substantive Rule §26.122

At the May 18, 2000, Open Meeting, the Commissioners supported staff's plan to publish questions for comment on the Public Utility Commission's (P.U.C. or commission) Substantive Rule §26.122, regarding Customer Proprietary Network Information. Staff will determine the need for a workshop upon receipt of party's comments. If a workshop is necessary, staff will file notice under Project Number 22490, Review of P.U.C. Substantive Rule §26.122 Regarding Customer Proprietary Network Information , notify commenting parties, and place notice on the commission's web site located at www.puc.state.tx.us.

The commission asks that interested parties file comments addressing the questions below.

1. Please provide an analysis of the status of Federal Communications Commission (FCC) rules on customer proprietary network information (CPNI). Specifically, identify sections of the FCC rules that are in effect as originally written, that are in effect as clarified by the FCC's September 3, 1999 Order on Reconsideration; and that are not in effect as a result of the decision in U.S. West, Inc., v. Federal Communications Commission , Number 98-9518, 1999 (10th Circuit, August 18, 1999).

2. Is there sufficient certainty about the status of the FCC's CPNI rule for the commission to revise Substantive Rule §26.122, regarding CPNI, at this time or should the commission delay revision until a later date?

3. Please comment on and propose language to revise P.U.C. Substantive Rule §26.122 to be consistent with the FCC's September 3, 1999 Order on Reconsideration and any other effective federal rules regarding CPNI. Provide legal and policy justification for proposed language. Specifically, comment on the following sections of P.U.C. Substantive Rule §26.122:

a. §26.122(d)(1)(D), regarding winback;

b. §26.122(g)(1), regarding software safeguards; and

c. other provisions of P.U.C. Substantive Rule §26.122.

4. Provide analysis of the FCC's September 3, 1999 Order on Reconsideration's position on the sharing of CPNI among affiliates. Specifically, address the following issues.

a. May affiliates share information for customers who do not subscribe to the products or services of the sharing affiliates?

b. Should there be limits on the sharing of information with and among non- telecommunications affiliates, such as home security companies?

c. Should non-affiliates have access to CPNI of consenting customers? If so, how would consent be given for the transfer of information among companies that are not affiliated?

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 30 days of the date of publication of this notice. All responses should reference Project Number 22490. This notice is not a formal notice of proposed rulemaking, however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

Questions concerning the workshop or this notice should be referred to Anne McKibbin, Office of Regulatory Affairs, (512) 936-7390 or via email: Anne.McKibbin@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200003825

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2000


Texas Racing Commission

Correction of Error

The Texas Racing Commission adopted an amendment to 16 TAC §309.202, concerning the specifications for a horse racetrack. The rule appeared in the May 26, 2000, Texas Register (25 TexReg 4735).

Due to an error by the Commission, the effective date is incorrectly published as June 1, 2000. The effective date should be June 1, 2001.

TRD-200003822


Stephen F. Austin State University

Notice of Consultant Contract Award

In compliance with the provisions of Chapter 2254, Subchapter B, Texas Government Code, Stephen F. Austin State University furnishes this notice of consultant contract award. The consultant will conduct a comprehensive search for an individual to fill the position of University President. Request for proposals was filed in the February 25, 2000 issue of the Texas Register , Volume 25 Number 8 TexReg Pages 1443-1812.

The contract was awarded to Harold Webb Associates, Ltd., 6532 Lost Horizon, Suite 201, Austin, Texas 78759, for $65,000.00 for the duration of the contract.

The beginning date of the contract is May 23, 2000 and the contract will end upon employment of a University President.

No documents, films, recording, or reports of intangible results will be required to be presented by the consultant. Services are provided on an as-needed basis.

For further information, please call (936) 468-4305.

TRD-200003792

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: May 26, 2000


Texas Turnpike Authority Division of the Texas Department of Transportation

Notice of Intent to Issue a Request for Proposal for a Systems Integrator for an Integrated Toll Collection, Toll Management, and Toll Audit System - #86-0RFP5013

This notice represents the first step in the process of soliciting the services of a systems integration firm experienced in planning, designing, procuring, integrating and supervising the construction, fabrication, assembly, installation, and operation and maintenance of state of the art toll collection systems including integration of computerized operation of the components of the toll collection systems, telecommunications, security and safety, CATV surveillance, toll audits, and other related intelligent electronic traffic control systems for projects under consideration by the Texas Turnpike Authority, a division of the Texas Department of Transportation ("TTA"). Through this notice the TTA is seeking Letters of Request ("LOR") from parties interested in receiving a request for proposal ("RFP"). The TTA anticipates issuing the RFP, receiving and analyzing RFP responses, conducting interviews (if necessary), and negotiating a contract for a systems integrator (the "Provider"). This procurement is being conducted pursuant to Chapter 361 of the Texas Transportation Code and 43 Texas Administrative Code §53.20, et. seq.

Description of the Project. The services to be delivered by the Provider may be performed for potential turnpike projects. The TTA is seeking one Provider.

Release of RFP. The TTA currently anticipates that the RFP will be available on or about June 23, 2000. Copies of the RFP will be mailed or provided on or about that date to those parties who have submitted a LOR. The TTA is under no obligation to mail RFPs to parties submitting LORs after June 23, 2000. The deadline for RFP responses is currently anticipated to be July 5, 2000. Details concerning deadlines, responses and content will be contained in the RFP.

Deadline for Letters of Request. A LOR notifying the TTA of a party's request for a copy of the RFP will be accepted by fax at (512) 936-0970 (Attention: Crystal Hansen) or, by mail, hand-delivery or overnight courier at: Texas Turnpike Authority Division of the Texas Department of Transportation, 125 E. 11th Street, 5th Floor, Austin, Texas 78701 Attention: Crystal Hansen. LORs must identify a contact person, an address to which the RFP should be sent, a telephone number for the contact person, and a fax number. LORs will be received until 5:00 p.m. C.S.T. on June 23, 2000.

TRD-200003861

Phillip Russell

Director

Texas Turnpike Authority Division of the Texas Department of Transportation

Filed: May 31, 2000


Notice of Intent to Issue a Request for Proposal for Professional Testing Engineering Firms to Provide Turnpike Construction Quality Control/Quality Assurance Services #86-0RFP5014

This notice represents the first step in the process of soliciting experienced professional testing engineering firms to provide turnpike construction quality control/quality assurance (the "QC/QA Services") inclusive of writing QC/QA guide/procedure manuals and providing construction site and laboratory, materials, and construction product sampling, fabrication, testing, verification, monitoring, oversight, reporting, and record keeping services for projects under consideration by the Texas Turnpike Authority, a division of the Texas Department of Transportation ("TTA"). Through this notice the TTA is seeking Letters of Request ("LOR") from parties interested in receiving a request for proposal ("RFP"). The TTA anticipates negotiating contracts for professional testing engineering services (the "Services"). This procurement is being conducted pursuant to Chapter 361 of the Texas Transportation Code and 43 Texas Administrative Code §53.20, et. seq.

Description of the Project. The Services may be performed for potential turnpike projects currently being studied by the TTA, including SH 130, US 183A, Loop 1 and SH 45. The TTA is seeking one or more engineering firms to provide the Services.

Release of RFP. The TTA currently anticipates that the RFP will be available on or about June 23, 2000. Copies of the RFP will be mailed or provided on or about that date to those parties who have submitted a LOR. The TTA is under no obligation to mail RFPs to parties submitting LORs after June 23, 2000. The deadline for RFP responses is currently anticipated to be July 14, 2000. Details concerning deadlines, responses and content will be contained in the RFP.

Deadline for Letters of Request. A LOR notifying the TTA of a party's request for a copy of the RFP will be accepted by fax at (512) 936-0970 (Attention: Crystal Hansen) or, by mail, hand-delivery or overnight courier at: Texas Turnpike Authority Division of the Texas Department of Transportation, 125 E. 11th Street, 5th Floor, Austin, Texas 78701 Attention: Crystal Hansen. LORs must identify a contact person, an address to which the RFP should be sent, a telephone number for the contact person, and a fax number. LORs will be received until 5:00 p.m. C.S.T. on June 23, 2000.

TRD-200003860

Phillip Russell

Director

Texas Turnpike Authority Division of the Texas Department of Transportation

Filed: May 31, 2000


Notice of Intent to Issue a Request for Proposal for Traffic Modeling and Analysis Services #86-0RFP5012

This notice represents the first step in the process of soliciting traffic modeling and analysis services for projects under consideration by the Texas Turnpike Authority, a division of the Texas Department of Transportation ("TTA"). Through this notice the TTA is seeking Letters of Request ("LOR") from parties interested in receiving a request for proposal ("RFP"). The TTA anticipates issuing the RFP, receiving and analyzing RFP responses, conducting interviews (if necessary), and negotiating a contract for traffic modeling and analysis services (the "Services.") This procurement is being conducted pursuant to Chapter 361 of the Texas Transportation Code and 43 Texas Administrative Code §53.20, et. seq.

Description of the Project. The traffic modeling and analysis services may be performed for potential turnpike projects. The TTA is seeking one or more firms to provide the Services.

Release of RFP. The TTA currently anticipates that the RFP will be available on or about June 23, 2000. Copies of the RFP will be mailed or provided on or about that date to those parties who have submitted a LOR. The TTA is under no obligation to mail RFPs to parties submitting LORs after June 23, 2000. The deadline for RFP responses is currently anticipated to be July 6, 2000. Details concerning deadlines, responses and content will be contained in the RFP.

Deadline for Letters of Request. A LOR notifying the TTA of a party's request for a copy of the RFP will be accepted by fax at (512) 936-0970 (Attention: Crystal Hansen) or, by mail, hand-delivery or overnight courier at: Texas Turnpike Authority Division of the Texas Department of Transportation, 125 E. 11th Street, 5th Floor, Austin, Texas 78701 Attention: Crystal Hansen. LORs must identify a contact person, an address to which the RFP should be sent, a telephone number for the contact person, and a fax number. LORs will be received until 5:00 p.m. C.S.T. on June 23, 2000.

TRD-200003859

Phillip Russell

Director

Texas Turnpike Authority Division of the Texas Department of Transportation

Filed: May 31, 2000


Notice of Intent to Issue a Request for Proposal for Turnpike Construction Project Management Services #86-0RFP6011

This notice represents the first step in the process of soliciting construction phase project management services to be provided by professional engineering firms for turnpike projects under consideration by the Texas Turnpike Authority, a division of the Texas Department of Transportation ("TTA"). Through this notice the TTA is seeking Letters of Request ("LOR") from parties interested in receiving a request for proposal ("RFP"). The TTA anticipates issuing the RFP, receiving and analyzing RFP responses, conducting interviews (if necessary), and negotiating contracts with a professional engineering firm providing construction phase project management services (the "Services"). This procurement is being conducted pursuant to Chapter 361 of the Texas Transportation Code and 43 Texas Administrative Code §53.20, et. seq.

Description of the Project. The Services may be performed for potential turnpike projects currently being studied by the TTA, including SH 130, US 183A, Loop 1 and SH 45. The TTA is seeking one or more engineering firms to provide the Services.

Release of RFP. The TTA currently anticipates that the RFP will be available on or about June 23, 2000. Copies of the RFP will be mailed or provided on or about that date to those parties who have submitted a LOR. The TTA is under no obligation to mail RFPs to parties submitting LORs after June 23, 2000. The deadline for RFP responses is currently anticipated to be July 7, 2000. Details concerning deadlines, responses and content will be contained in the RFP.

Deadline for Letters of Request. A LOR notifying the TTA of a party's request for a copy of the RFP will be accepted by fax at (512) 936-0970 (Attention: Crystal Hansen) or, by mail, hand-delivery or overnight courier at: Texas Turnpike Authority Division of the Texas Department of Transportation, 125 E. 11th Street, 5th Floor, Austin, Texas 78701 Attention: Crystal Hansen. LORs must identify a contact person, an address to which the RFP should be sent, a telephone number for the contact person, and a fax number. LORs will be received until 5:00 p.m. C.S.T. on June 23, 2000.

TRD-200003862

Phillip Russell

Director

Texas Turnpike Authority Division of the Texas Department of Transportation

Filed: May 31, 2000


Texas Workforce Commission

Request for Proposals--Charitable Choice Technical Assistance

A. PROPOSAL DESCRIPTION

The Texas Workforce Commission is soliciting proposals from contractors to assist each of the 28 Local Workforce Development Boards (Boards) and 10 Texas Department of Human Services Regional Offices with Charitable Choice. This Request for Proposals invites applicants to submit proposals to develop and administer training for the Boards, One-Stop Center staff and DHS regional staff to implement the Charitable Choice provision of welfare reform. The training and technical assistance are to facilitate collaboration of Boards and DHS's ten regional offices with faith-based and/or charitable communities, addressing new policies and initiatives, contracts and procurement practices, outreach and collaboration efforts, capacity building, and the development of a service delivery strategy.

B. AUTHORIZATION TO AWARD CONTRACT

TWC is authorized to issue this RFP and award contracts under its general authority in Labor Code Section 302.002(b). Boards are given the duty to cooperate and coordinate with public organizations, including charitable and religious organizations under Texas Government Code Section 2308.303(a)(9).

C. AVAILABLE FUNDING

Up to one hundred thousand dollars ($100,000) will be available for the technical assistance contract for the 13-month period beginning August 1, 2000, to run through August 31, 2001.

D. ELIGIBLE APPLICANTS

Applicants submitting proposals must complete an Request for Proposal (RFP) Package and provide required documentation as requested in the application in order to be considered eligible.

E. PROJECT SCHEDULE

Application submission deadline is July 7, 2000. The anticipated contract effective date is August 1, 2000.

F. SCORING CRITERIA

The evaluation criteria for this RFP and their relative weights for scoring are: Demonstrated Effectiveness of the Contractor, 30 points; Quality of Proposal, 25 points; Cost Reasonableness, 15 points; Collaboration and Coordination, 10 points; Financial Integrity/Cash Flow, 20 points.

G. SELECTION, NOTIFICATION AND NEGOTIATION PROCESS

TWC will use competitive negotiation to determine awards. Proposals will be evaluated and tentatively ranked by TWC. Applicants submitting superior proposals may be invited to make oral presentations to TWC.

H. PAYMENT

The basis of payment for this award shall be reimbursement of actual allowable cost up to budgeted levels and subject to budget limitations.

I. TWC'S CONTACT PERSON

For further information and to request a package for RFP # GPFP 00-10, contact Elwood (Woody) Engebretson, Program Specialist, Texas Workforce Commission, Room 440T, 101 East 15th Street, Austin, TX 78778-0001, (512) 936-4874, fax (512) 936-3420, e-mail address elwood.engebretson@twc.state.tx.us

TRD-200003875

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: July 1, 2000


Texas Youth Commission

Notice of Request for Consultant Services Contract

In accordance with the provisions of Texas Government Code, Chapter 2254, Subchapter B, the Texas Youth Commission hereby publishes this notice of request for proposals from human resource consultants and consultant firms qualified to assist the agency to: (1) design and refine assessment and portfolio system to integrate resocialization and education programs; (2) evaluate, provide information, and support the portfolio implementation system, including inter rater reliability planning and training; (3) refine performance standards, project expectations, and select model student work; (4) assist with the design and delivery of continuous training sessions for TYC staff; (5) design and deliver presentations at TYC administrative meetings; (6) revise and publish print ready documents (Teacher/Student Guides for Project TEAMS); (7) consult on site with TYC managers and evaluate TEAMS implementation process; (8) write summative report.

Basis of award: (1) The relative thoroughness, professional quality and merit of the consultant's plan to provide the consulting services as described above; (2) the overall qualifications, abilities, and experiences of the consultant to provide the services sought. Experience in similar assessment and portfolio projects, collaboration with nationally recognized educational experts, familiarity with the TYC resocialization and education programs, and previous experience with correctional educational projects are preferred. (3) Reasonableness of the compensation for consulting services will be considered.

The Texas Youth Commission has previously contracted for a Project TEAMS consultant with Pat Jacoby of Authentic Learning at 307 Stirrup Drive, Dripping Springs, TX 78620. TYC proposes to continue those services with Pat Jacoby unless a better proposal is received. The agency will make its selection based on demonstrated competence, experience, knowledge, and qualifications, as well as the reasonableness of the proposed fee.

Anyone wishing to respond to this proposal, should provide to Deborah Nance, Ph.D., Superintendent of Education, a description of how you meet the requirements listed above, within 30 days of this notice. Doctor Nance's address is P.O. Box 4260, Austin, Texas 78765 or (512) 424-6300 (fax). Direct any questions concerning this proposal to Ms. Billie Flippen, Director of Curriculum and Instruction, at (512) 424-6163.

TRD-200003833

Steve Robinson

Executive Director

Texas Youth Commission

Filed: May 30, 2000