TITLE in-addition

Office of the Attorney General

Model Rules

The Office of the Attorney General ("OAG") provides these model rules, relating to procedures for the negotiation and mediation of certain breach of contract claims asserted by contractors against the State of Texas pursuant to Section 9 of House Bill 826, 76th. Leg., R.S., Chapter 68 (1999)(codified at Government Code, Chapter 2260). Section 2260.052(c) requires that the OAG and the units of state government with rulemaking authority adopt rules to establish negotiation and mediation provisions. The units of state government without rulemaking authority must follow the rules adopted by the OAG. Section 2260.052(c) directs the OAG and the State Office of Administrative Hearings ("SOAH") to provide model rules for negotiation and mediation that units of state government with rulemaking authority may voluntarily adopt or modify as they deem appropriate and that units of state government without rulemaking authority may use as a practice guide. These model rules are in response to this legislative mandate. An interagency dispute resolution working group, co-sponsored by the OAG and the Center for Public Policy Dispute Resolution at the University of Texas School of Law and consisting of representatives of state agencies, legislative offices, and institutions of higher education and representatives of contractors and vendors who do business with the state, assisted the OAG and SOAH with the development of the model rules.

Subchapter A: GENERAL

.1. Purpose.

These model rules are intended to serve as guidelines for units of state government for the negotiation and mediation of a claim of breach of contract asserted by a contractor against a unit of state government under the Government Code, Chapter 2260. These model rules may be adopted or modified, as appropriate, by units of state government with rulemaking authority. These model rules are not binding but should be considered as recommendations to units of state government. These model rules are not intended to replace agency procedures relating to breach of contract claims that are mandated by state or federal law, but are intended to provide suggested procedures when none are so mandated. The parties to a contract are encouraged to resolve any disagreement concerning the contract in the ordinary course of contract administration under less formal procedures specified in the parties' contract.

.3. Applicability.

(a) This chapter does not apply to an action of a unit of state government for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.

(b) This chapter does not apply to a contract action proposed or taken by a unit of state government for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Government Code, Chapter 2001.

(c) This chapter does not apply to contracts:

(1) between a unit of state government and the federal government or its agencies, another state or another nation;

(2) between two or more units of state government;

(3) between a unit of state government and a local governmental body, or a political subdivision of another state;

(4) between a subcontractor and a contractor;

(5) subject to §201.112 of the Transportation Code;

(6) within the exclusive jurisdiction of state or local regulatory bodies;

(7) within the exclusive jurisdiction of federal courts or regulatory bodies; or

(8) that are solely and entirely funded by federal grant monies other than for a project defined in .5.(10);

.5. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

(1) Chief administrative officer - The commissioner, executive director, president or other executive officer responsible for the day to day operations of a unit of state government.

(2) Claim - A demand for damages by the contractor based upon the unit of state government's alleged breach of the contract.

(3) Contract - A written contract between a unit of state government and a contractor by the terms of which the contractor agrees either:

(A) to provide goods or services, by sale or lease, to or for a unit of state government; or

(B) to perform a project as defined by Government Code, §2166.001.

(4) Contractor - Independent contractor who has entered into a contract directly with a unit of state government. The term does not include:

(A) The contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;

(B) An employee of a unit of state government; or

(C) A student at an institution of higher education.

(5) Counterclaim - A demand by the unit of state government based upon the contractor's claim.

(6) Day - A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days should be counted as the required day for purpose of this act.

(7) Event - An act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract:

(A) Examples of events in the context of a contract for goods or services:

(i) the failure of the unit of state government to timely pay for goods and services;

(ii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the unit of state government for work not performed under the contract or in substantial compliance with the contract terms;

(iii) the suspension, cancellation, or termination of the contract;

(iv) final rejection of the goods or services tendered by the contractor, in whole or in part;

(v) repudiation of the entire contract prior to or at the outset of performance by the contractor;

(vi) withholding liquidated damages from final payment to the contractor.

(B) Examples of events in the context of a project:

(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;

(ii) the failure to make timely progress payments required by the contract;

(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the unit of state government for work not performed under the contract or in substantial compliance with the contract terms;

(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;

(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;

(vi) suspension, cancellation or termination of the contract;

(vii) rejection by the unit of state government, in whole or in part, of the "work", as defined by the contract, tendered by the contractor;

(viii) repudiation of the entire contract prior to or at the outset of performance by the contractor;

(ix) withholding liquidated damages from final payment to the contractor;

(x) refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time, or the scope of work.

(C) The lists in 5.(7)(A) and (B) should not be considered exhaustive but are merely illustrative in nature.

(8) Goods - Supplies, materials or equipment.

(9) Parties - The contractor and unit of state government that have entered into a contract in connection with which a claim of breach of contract has been filed under this chapter.

(10) Project - As defined in Government Code §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of

(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and

(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility

(11) Services - The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of a unit of state government.

(12) Unit of state government or unit - The state or an agency, department, commission, bureau, board, office, council, court, or other entity that is in any branch of state government and that is created by the Constitution or statute of this state, including a university system or institution of higher education. The term does not include a county, municipality, court of a county or municipality, special purpose district, or other political subdivision of this state.

.7. Prerequisites to Suit.

The procedures contained in this chapter are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and the Government Code, Chapter 2260.

.9. Sovereign Immunity.

This chapter does not waive a unit of state government's sovereign immunity to suit or liability.

Subchapter B: NEGOTIATION OF CONTRACT DISPUTES

.21. Notice of Claim of Breach of Contract.

(a) A contractor asserting a claim of breach of contract under the Government Code, Chapter 2260, shall file notice of the claim as provided by this section.

(b) The notice of claim shall:

(1) be in writing and signed by the contractor or the contractor's authorized representative;

(2) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the officer of the unit of state government designated in the contract to receive a notice of claim of breach of contract under the Government Code, Chapter 2260; if no person is designated in the contract, the notice shall be delivered to the unit's chief administrative officer, and

(3) state in detail:

(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;

(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and

(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.

(c) In addition to the mandatory contents of the notice of claim as required by subsection (b) of this section, the contractor may submit supporting documentation or other tangible evidence to facilitate the unit's evaluation of the contractor's claim.

(d) The notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim; provided, however, that a contractor shall deliver notice of a claim that was pending before a unit of state government on August 30, 1999, to the unit no later than February 26, 2000.

.23. Agency Counterclaim.

(a) A unit of state government asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section.

(b) The notice of counterclaim shall:

(1) be in writing;

(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and

(3) state in detail:

(A) the nature of the counterclaim;

(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and

(C) the legal theory supporting the counterclaim.

(c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, the unit may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the unit's counterclaim.

(d) The notice of counterclaim shall be delivered to the contractor no later than 90 days after the unit of state government's receipt of the contractor's notice of claim.

(e) Nothing herein precludes the unit of state government from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.

.25. Request for Voluntary Disclosure of Additional Information.

(a) Upon the filing of a claim or counterclaim, parties may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including, without limitation:

(1) accounting records;

(2) correspondence, including, without limitation, correspondence between the unit and outside consultants it utilized in preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;

(3) schedules;

(4) the parties' internal memoranda;

(5) documents created by the contractor in preparing its offer to the unit and documents created by the unit in analyzing the offers it received in response to a solicitation.

(b) Subsection (a) of this section applies to all information in the parties' possession regardless of the manner in which it is recorded, including, without limitation, paper and electronic media.

(c) The contractor and the unit of state government may seek additional information directly from third parties, including, without limitation, the unit's third-party consultants and the contractor's subcontractors.

(d) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas law.

(e) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.

.27. Duty to Negotiate.

The parties shall negotiate in accordance with the timetable set forth in §68.29 of this chapter (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation.

.29. Timetable.

(a) Following receipt of a contractor's notice of claim, the chief administrative officer of the unit of state government or other designated representative shall review the contractor's claim(s) and the unit's counterclaim(s), if any, and initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim(s).

(b) Subject to subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:

(1) the date of termination of the contract;

(2) the completion date, or substantial completion date in the case of construction projects, in the original contract; or

(3) the date the unit of state government receives the contractor's notice of claim.

(c) The unit of state government may delay negotiations until after the 180th day after the date of the event giving rise to the claim of breach of contract by:

(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and

(2) delivering written notice to the contractor when the unit is ready to begin negotiations.

(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadlines set forth in subsections (b) or (c) of this section, whichever is applicable.

(e) Subject to subsection (f) of this section, the parties shall complete the negotiations that are required by this chapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the unit of state government receives the contractor's notice of claim.

(f) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the unit of state government receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.

(g) The contractor may request a contested case hearing before the State Office of Administrative Hearings ("SOAH") pursuant to §68.39 of this title (relating to Request for Contested Case Hearing) after the 270th day after the unit receives the contractor's notice of claim, or the expiration of any extension agreed to under subsection (f) of this section.

(h) The parties may agree to mediate the dispute at any time before the 270th day after the unit of state government receives the contractor's notice of claim or before the expiration of any extension agreed to by the parties pursuant to subsection (f) of this section. The mediation shall be governed by Subchapter C of this chapter.

(i) Nothing in this section is intended to prevent the parties from agreeing to commence negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH.

.31. Conduct of Negotiation.

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference, or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement, and settle.

(b) The parties may conduct negotiations with the assistance of one or more neutral third parties. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with Subchapter C of this chapter. Parties may choose an assisted negotiation process other than mediation, including without limitation, processes such as those described in Subchapter D of this chapter.

(c) To facilitate the meaningful evaluation and negotiation of the claim(s) and any counterclaim(s), the parties may exchange relevant documents that support their respective claims, defenses, counterclaims or positions.

(d) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.

.33. Settlement Approval Procedures.

The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement

.35. Settlement Agreement.

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.

(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the unit of state government who have authority to bind each respective party.

(c) A partial settlement does not waive a parties' rights under the Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved.

.37. Costs of Negotiation.

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees.

.39. Request for Contested Case Hearing.

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the unit receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §68.29(f) of this chapter (relating to Timetable), the contractor may file a request with the unit of state government for a contested case hearing before SOAH.

(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the chief administrative officer of the unit of state government or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §68.29(f) of this chapter.

(c) The unit of state government shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.

(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the unit of state government if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.

Subchapter C. MEDIATION OF CONTRACT DISPUTES

.47. Mediation Timetable.

(a) The contractor and unit of state government may agree to mediate the dispute at any time before the 270th day after the unit of state government receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing.

(b) A contractor and unit of state government may mediate the dispute even after the case has been referred to SOAH for a contested case. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation.

.49. Conduct of Mediation.

(a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the parties. The mediator must be acceptable to both parties.

(b) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Government Code, Chapter 2009. For purposes of this subchapter, "mediation" is assigned the meaning set forth in the Civil Practice and Remedies Code, §154.023.

(c) To facilitate a meaningful opportunity for settlement, the parties shall, to the extent possible, select representatives who are knowledgeable about the dispute, who are in a position to reach agreement, or who can credibly recommend approval of an agreement.

.51. Agreement to Mediate.

(a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both parties agree.

(b) Any agreement to mediate should include consideration of the following factors:

(1) The source of the mediator. Potential sources of mediators include governmental officers or employees who are qualified as mediators under Section 154.052, Civil Practice and Remedies Code, private mediators, SOAH, the Center for Public Policy Dispute Resolution at The University of Texas School of Law, an alternative dispute resolution system created under Chapter 152, Civil Practice and Remedies Code, or another state or federal agency or through a pooling agreement with several state agencies. Before naming a mediator source in a contract, the parties should contact the mediator source to be sure that it is willing to serve in that capacity. In selecting a mediator, the parties should use the qualifications set forth in subsection §68.53 (qualifications and immunity of mediator).

(2) The time period for the mediation. The parties should allow enough time in which to make arrangements with the mediator and attending parties to schedule the mediation, to attend and participate in the mediation, and to complete any settlement approval procedures necessary to achieve final settlement. While this time frame can vary according to the needs and schedules of the mediator and parties, it is important that the parties allow adequate time for the process.

(3) The location of the mediation.

(4) Allocation of costs of the mediator.

(5) The identification of representatives who will attend the mediation on behalf of the parties, if possible, by name or position within the governmental unit or contracting entity.

(6) The settlement approval process in the event the parties reach agreement at the mediation.

.53. Qualifications and Immunity of the Mediator.

(a) The mediator shall possess the qualifications required under Civil Practice and Remedies Code, §154.052, be subject to the standards and duties prescribed by Civil Practice and Remedies Code, §154.053 and have the qualified immunity prescribed by Civil Practice and Remedies Code, §154.055, if applicable.

(b) The parties should decide whether, and to what extent, knowledge of the subject matter and experience in mediation would be advisable for the mediator.

(c) The parties should obtain from the prospective mediator the ethical standards that will govern the mediation.

.55. Confidentiality of Mediation and Final Settlement Agreement.

(a) A mediation conducted under this section is confidential in accordance with Government Code, §2009.054.

(b) The confidentiality of a final settlement agreement to which a unit of state government is a signatory that is reached as a result of the mediation is governed by Government Code, Chapter 552.

.57. Costs of Mediation.

Unless the contractor and unit of state government agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediation process itself shall be divided equally between the parties.

.59. Settlement Approval Procedures.

The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.

.61. Initial Settlement Agreement.

Any settlement agreement reach during the mediation shall be signed by the representatives of the contractor and the unit of state government, and shall describe any procedures required to be followed by the parties in connection with final approval of the agreement.

.63. Final Settlement Agreement.

(a) A final settlement agreement reached during, or as a result of mediation, that resolves an entire claim or any designated and severable portion of a claim shall be in writing and signed by representatives of the contractor and the unit of state government who have authority to bind each respective party.

(b) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement shall identify the issues that are not resolved.

(c) A partial settlement does not waive a contractor's rights under the Government Code, Chapter 2260, as to the parts of the claim that are not resolved.

.65. Referral to the State Office of Administrative Hearings.

If mediation does not resolve all issues raised by the claim, the contractor may request that the claim be referred to SOAH by the unit of state government. Nothing in these rules prohibits the contractor and unit of state government from mediating their dispute after the case has been referred for contested case hearing, subject to the rules of SOAH.

Subchapter D. ASSISTED NEGOTIATION PROCESSES

.71. Assisted Negotiation Processes.

Parties to a contract dispute under Government Code, Chapter 2260 may agree, either contractually or when a dispute arises, to use assisted negotiation (alternative dispute resolution) processes in addition to negotiation and mediation to resolve their dispute.

.73. Factors Supporting the Use of Assisted Negotiation Processes.

The following factors may help parties decide whether one or more assisted negotiation processes could help resolve their dispute:

(1) The parties recognize the benefits of an agreed resolution of the dispute;

(2) The expense of proceeding to contested case hearing at SOAH is substantial and might outweigh any potential recovery;

(3) The parties want an expedited resolution;

(4) The ultimate outcome is uncertain;

(5) There exists factual or technical complexity or uncertainty which would benefit from expertise of a third-party expert for technical assistance or fact-finding;

(6) The parties are having substantial difficulty communicating effectively;

(7) A mediator third party could facilitate the parties' realistic evaluation of their respective cases;

(8) There is an on-going relationship that exists between parties;

(9) The parties want to retain control over the outcome;

(10) There is a need to develop creative alternatives to resolve the dispute;

(11) There is a need for flexibility in shaping relief;

(12) The other side has an unrealistic view of the merits of their case;

(13) The parties (or aggrieved persons) need to hear an evaluation of the case from someone other than their lawyers.

.75. Use of Assisted Negotiation Processes.

Any of the following methods, or a combination of these methods, or any assisted negotiation process agreed to by the parties, may be used in seeking resolution of disputes or other controversy arising under Government Code, Chapter 2260. If the parties agree to use an assisted negotiation procedure, they should agree in writing to a detailed description of the process prior to engaging in the process.

(1) Mediation. (See Subchapter C in this chapter.)

(2) Early evaluation by a third-party neutral.

(A) This a confidential conference where the parties and their counsel present the factual and legal bases of their claim and receive a non-binding assessment by an experienced neutral with subject-matter expertise or with significant experience in the substantive area of law involved in the dispute.

(B) After summary presentations, the third-party neutral identifies areas of agreement for possible stipulations, assesses the strengths and weaknesses of each party's position, and estimates, if possible, the likelihood of liability and the dollar range of damages that appear reasonable to him or her.

(C) This is a less complicated procedure than the mini-trial, described in paragraph (4). It may be appropriate for only some issues in dispute, for example, where there are clear-cut differences over the appropriate amount of damages. This process may be particularly helpful when:

(i) The parties agree that the dispute can be settled;

(ii) The dispute involves specific legal issues;

(iii) The parties disagree on the amount of damages;

(iv) The opposition has an unrealistic view of the dispute;

(v) The neutral is a recognized expert in the subject area or area of law involved.

(3) Neutral fact-finding by an expert.

(A) In this process, a neutral third-party expert studies a particular issue and reports findings on that issue. The process usually occurs after most discovery in the dispute has been completed and the significance of particular technical or scientific issues is apparent.

(B) The parties may agree in writing that the fact-finding will be binding on them in later proceedings (and entered into as a stipulation in the dispute if the matter proceeds to contested case hearing), or that it will be advisory in nature, to be used only in further settlement discussions between representatives of the parties. This process may be particularly helpful when:

(i) Factual issues requiring expert testimony may be dispositive of liability or damage issues;

(ii) The use of a neutral is cost effective;

(iii) The neutral's findings could narrow factual issues for contested case hearing.

(4) Mini-trial.

(A) A mini-trial is generally a summary proceeding before a representative of upper management from each party, with authority to settle, and a third-party neutral selected by agreement of the parties. A mini-trial is usually divided into three phases: a limited information exchange phase, the actual hearing, and post- hearing settlement discussions. No written or oral statement made in the proceeding may be used as evidence or an admission in any other proceeding.

(B) The information exchange stage should be brief but it must be sufficient for each party to understand and appreciate the key issues involved in the case. At a minimum, parties should exchange key exhibits, introductory statements, and a summary of witness's testimony.

(C) At the hearing, representatives of the parties present a summary of the anticipated evidence and any legal issues that must be decided before the case can be resolved. The third-party neutral presides over the presentation and may question witnesses and counsel, as well as comment on the arguments and evidence. Each party may agree to put on abbreviated direct and cross- examination testimony. The hearing generally takes no longer than 1-2 days.

(D) Settlement discussions, facilitated by the third-party neutral, take place after the hearing. The parties may ask the neutral to formally evaluate the evidence and arguments and give an advisory opinion as to the issues in the case. If the parties cannot reach an agreed resolution to the dispute, either side may declare the mini- trial terminated and proceed to resolve the dispute by other means.

(E) Mini-trials may be appropriate when:

(i) The dispute is at a stage where substantial costs can be saved by a resolution based on limited information gathering;

(ii) The matter justifies the senior executive time required to complete the process;

(iii) The issues involved include highly technical mixed questions of law and fact;

(iv) The matter involves trade secrets or other confidential or proprietary information; or

(v) The parties seek to narrow the large number of issues in dispute.

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

TRD-200002102

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: March 23, 2000


Children's Trust Fund of Texas Council

Request for Proposals

The Children's Trust Fund of Texas Council (CTF) announces the availability of funds to establish programs to prevent child abuse and neglect under the CTF Family PRIDE initiative. The Family PRIDE (Principles, Responsibility, Integrity, Discipline and Education) initiative seeks to promote an understanding of child abuse and neglect prevention through community involvement and decision-making.

Family PRIDE sites are chosen based on social support needs including but not limited to: incidence of child abuse and neglect, child poverty, teenage pregnancy, juvenile crime, and school drop-outs. Child population, geographic location and current availability of services are also considered.

Proposals are being solicited for the following counties: Dallam, Brown, Nolan, Taylor, Fanin, Tarrant, Wood, San Jacinto, Colorado, Harris, Brazoria, Hill, DeWitt, Concho/McCulloch (bi-county), Howard, Culberson, Hudspeth, and Duval.

Deadline: Deadline for the submission of proposals is May 31, 2000 at 5:00pm.

Contract Period: The contract period for funding awarded in response to the Family PRIDE Request for Proposal (RFP) is September 1, 2000 - August 31, 2001. Contracts may be renewed twice for a total contract period of three years, as authorized by the CTF Council. Renewal is not automatic and renewal applications will be requested.

Eligibility Criteria: To be eligible to apply for funding, an applicant must:

1. use the funds for primary or secondary child abuse and neglect prevention and not for treatment. The two funding categories are parent education and children's education.

2. be an organization in operation (i.e., registered with the Secretary of State) for a minimum of two years

3. not be a state agency - "State Agency " is defined as a board, commission, department, office or other state agency that:

(a) is in the executive branch of state government,

(b) was created by the constitution or a statute of this state, and

(c) has statewide jurisdiction.

4. provide a cash or in-kind match equal to at least 10% of the contract funding amount for year one, 20% of the contract amount for year two, and 50% of the contract amount for year three.

5. applicant agencies/organizations must be located in the 19 communities listed above.

Approved Curricula: Descriptions of approved curricula and resource persons appear in the RFP. It is required that applicants complete a form verifying contact with the curriculum owner.

Amount of Contract Awards: Contracts will be awarded up to a maximum amount of $60,000 per program for the first year.

Evaluation and Selection: The CTF Family PRIDE Community leaders or councils in each site will review and select proposals to recommend to Children's Trust Fund of Texas Council for funding. The emphasis of this Request for Proposal (RFP) is on coordination and collaboration of agencies and organizations to address supporting and strengthening families together in their community. Applicants will be notified in August of the status of their request.

The RFP application packet includes complete instructions, application requirements, deadline details, and hours that resource staff at the Children's Trust Fund office will be available to answer questions.

To Request an RFP Application Packet: If potential applicants meet the eligibility criteria as outlined above, they may request an RFP packet by telephone, mail, or in person: (512) 936-9250 (automated 24 hour line for requesting RFP packets only); Children's Trust Fund of Texas, 8100 Cameron Rd., Bldg A, Austin, TX 78754.

TRD-200002035

John Chacón

Executive Director

Children's Trust Fund of Texas Council

Filed: March 20, 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 March 2, 2000, through March 10, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: U.S. Army Corps of Engineers; Location: The territorial sea in the Gulf of Mexico at locations in state tracts offshore from Chambers and Jefferson counties, Texas, and Cameron Parish, Louisiana, central to a point approximately 17 miles southwest of Sabine, Texas. CCC Project No.: 00-0073-F1; Description of Proposed Action: The applicant proposes to amend Regional General Permit 16761(03) to include the activities for the installation of pipelines associated with the drilling structures including trenching, disking, and jetting methods. The initial request for comments did not request a review for a §401 water quality certification from the State of Louisiana. Type of Application: U.S.A.C.E. permit application #16761(04) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

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

TRD-200001993

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: March 16, 2000


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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of March 10, 2000, through March 16, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: Sea Breeze Subdivision; Location: The project is located in the Sea Breeze Subdivision on 11 Mile Road adjacent to Eckerts Bayou, Galveston, Galveston County, Texas. CCC Project No.: 00-0076-F1; Description of Proposed Action: The applicants propose to raise the elevation of the existing entrance road, construct a breakwater to protect their eroding shoreline, and construct two private piers. The proposed road will be 420 feet long and 30 feet wide with a 50-foot-wide by 60-foot- long terminus (or cul-de-sac) at its northern end. The applicants also propose to fill portions of three lots adjacent to the road for this project construction. The total area to be filled for this project will be 16,694 square feet. The applicants propose to construct a 180-foot-long breakwater approximately 20 feet from the existing shoreline. The first pier will be 48 feet long and 4 feet wide with an 8-foot by 22-foot T-head. The second pier will be 64 feet long and 4 feet wide with an 8-foot by 22-foot T-head. Type of Application: U.S.A.C.E. permit application #21851 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: Huntsman Petrochemical Corporation; Location: The project is located in the Clear Lake entrance channel immediately west of and adjacent to State Highway 146 in Kemah and Seabrook in Galveston and Harris counties, Texas. CCC Project No.: 00-0077-F1; Description of Proposed Action: The applicant proposes to amend existing permit 14464(01). Amendment 1, issued September 24, 1999, authorized the temporary placement of 1,000 sandbags to protect a pipeline in an eroded area where cover over the pipeline was approximately 1 foot. Amendment 1 included a condition requiring design and implementation of a permanent solution to the problem, and subsequent removal of the sandbags. In the current proposed amendment, the applicant is seeking authorization to leave the sandbags in place and to install approximately 260 linear feet of 8-foot-wide cabled concrete mats over the pipeline and the sandbags to protect the pipeline. The applicant is proposing this action as a long-term solution to the erosion of the pipeline cover. Type of Application: U.S.A.C.E. permit application #14464(02) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Army Corps of Engineers and Texas Natural Resource Conservation Commission - Additional Maintenance Dredging Placement Area for Channel to Port Mansfield, Texas; CCC Project No.: 00-0078-F2; Description of Proposed Activity: The applicant proposes a new area for dredged material placement for long-term maintenance of the channel to Port Mansfield, Texas. The channel to Port Mansfield maintenance dredging was addressed in the Final Environmental Impact Statement (FEIS) for the GIWW, which was completed and filed with the U.S. Environmental Protection Agency (EPA) on October 13, 1975. In the FEIS, designated placement areas for the placement of dredged materials from the approach channel and turning basins were identified. Maintenance dredging of the approach channel and turning basins is required approximately every 2 years. The work identifies an area of approximately 200 acres to the west of the Port Mansfield turning basin as an additional placement area for maintenance material dredged from the approach channel and turning basins. The site will replace the current placement area, which is near capacity.

Applicant: U.S. Army Corps of Engineers and Texas Natural Resource Conservation Commission - Alternate Maintenance Dredging Placement Area for Sabine-Neches Waterway - Texas Point National Wildlife Refuge, Texas; CCC Project No.: 00-0079-F2; Description of Proposed Activity: The applicant proposes an alternate area for dredged material placement for maintenance of the Sabine Pass Jetty Channel. The Sabine Pass Jetty Channel maintenance dredging was addressed in the Final Environmental Impact Statement (FEIS) for the SNWW, which was completed and filed with the U.S. Environmental Protection Agency (EPA) on November 4, 1975. In the FEIS, designated placement areas for the placement of dredged materials for the Sabine Pass Jetty Channel were identified. Maintenance dredging of the channel is required approximately every 7 years. Maintenance dredged material is normally placed in a designated ocean dredged material disposal site. The work described in this public notice consists of pumping dredged material from maintenance dredging of the Sabine Pass Jetty Channel into the marsh adjacent to the West Jetty and within the Texas Point National Wildlife Refuge. This work is a beneficial use of dredged material project under §204 of the Water Resources Development Act of 1992.

Applicant: U.S. Army Corps of Engineers and Texas Natural Resource Conservation Commission - Alternative Maintenance Dredging Placement Area for Gulf Intracoastal Waterway Maintenance Dredging: Causeway to Bastrop Bayou, Galveston and Brazoria counties, Texas; CCC Project No.: 00-0080-F2; Description of Proposed Activity: The applicant proposes an alternate area for dredged material placement for maintenance of the causeway to Bastrop Bayou. Dredged materials from routine periodic maintenance dredging are proposed to be used beneficially to reverse the erosion of the dredged material berm that protects an existing barge mooring area along the GIWW near the confluence of West Bay and Chocolate Bayou in Brazoria County.

Applicant: U.S. Department of Transportation and U.S. Coast Guard; CCC Project No.: 00-0081-F2; Description of Proposed Activity: The applicant proposes replacement of an existing 65-foot antenna mounted on grade with a pre-fabricated 100-foot tower at Coast Guard Station Port Aransas in Port Aransas, Texas.

Applicant: U.S. Department of Transportation and U.S. Coast Guard; CCC Project No.: 00-0082-F2; Description of Proposed Activity: The applicant proposes maintenance dredging of the boat basin at Coast Guard Station Port Isabel in Port Isabel, Texas. The boat basin is enclosed by a concrete sheet pile breakwater. The area within the breakwater to be dredged is approximately 0.90 acres. The estimated quantity of material to be removed in this maintenance cycle is 4,600 cubic yards.

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-200002044

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: March 21, 2000


Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective April 1, 2000

[graphic]

[graphic]

TRD-200001991

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Filed: March 16, 2000


Notice of Consultant Contract Award

Notice of Award: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of three consulting contract awards.

The notice of request for proposals was published in the February 4, 2000, issue of the Texas Register at 25 TexReg 959.

The consultants will assist the Comptroller in reviewing and compiling information for entry into a comprehensive database of best practices for Comptroller's Texas School Performance Review.

Three contracts were awarded: (1) EGS Research & Consulting, 6106 Ledge Mountain, Austin, Texas 78731; total amount is not to exceed $30,000.00. (2) McConnell, Jones, Lanier & Murphy, LLP, Summit Tower, 11 Greenway Plaza, Suite 2909, Houston, Texas 77046; total amount is not to exceed $29,000.00; and, (3) MGT of America, Inc., 2123 Centre Pointe Boulevard, Tallahassee, Florida 32308 (502 E. 11th Street, Suite 300, Austin, Texas 78701); total amount is not to exceed $30,000.00. The term of the contract is March 16, 2000 through on or about May 31, 2000. The consultants must complete the project and submit final deliverables to Comptroller by April 15, 2000.

TRD-200002078

Pamela Ponder

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 2000


Notice of Consultant Contract Award

Notice of Award: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of consultant contract award.

The notice of request for proposals was published in the December 17, 1999, issue of the Texas Register at 24 TexReg 11570.

The consultant will work with the Comptroller and the Fleet Management Task Force to develop a statewide fleet management plan.

The contract is awarded to Transportation Consultants, Inc., 7000 Peachtree Dunwoody Road, Bldg. 10, #200, Atlanta, Georgia 30328. The total amount is not to exceed $49,000.00. The term of the contract is February 7, 2000 through August 31, 2000. The consultant must complete the project and submit its final report to Comptroller by April 28, 2000, and report to the Texas Legislature by May 31, 2000.

TRD-200002085

Pamela Ponder

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 2000


Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified, independent firms to provide consulting services to the Comptroller. The successful respondent will assist the Comptroller in conducting financial management reviews of up to forty (40) city and county governments throughout the state. The services sought under this RFP will culminate in final reports, which shall contain findings, recommendations, implementation timelines, plans, best practices, if any, and be a component part of the reviews. The successful respondent will be expected to begin performance of the contract on or about May 1, 2000.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, March 31, 2000, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the complete RFP available electronically on the Texas Marketplace after Friday, March 31, 2000, 2 p.m. (CZT). All written inquiries, questions, and mandatory Letters of Intent to propose must be received at the above-referenced address prior to 2 p.m. (CZT) on Monday, April 10, 2000. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Mandatory Letters of Intent and Questions received after this time and date will not be considered. The responses to questions and other information pertaining to this procurement will be posted on the Texas Marketplace http://www.marketplace.state.tx.us. Prospective respondents are encouraged to attend a non-mandatory Pre-Proposal Conference on Wednesday, April 5, 2000, beginning at 9:00 a.m., at the LBJ State Office Building, 111 E. 17th St., Austin, Texas, 78774, in Room 212B.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above no later than 2 p.m. (CZT), on Friday, April 21, 2000. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller of Public Accounts is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - March 31, 2000, 2 p.m. CZT; Non-Mandatory Pre-Proposal Conference -- April 5, 2000, at 9:00 a.m.; Mandatory Notice of Intent Form and Questions Due - April 10, 2000, 2 p.m. CZT; Proposals Due - April 21, 2000, 2 p.m. CZT; Contract Execution - May 1, 2000, or as soon thereafter as practical; Commencement of Project Activities - May 1, 2000.

TRD-200002079

Pamela Ponder

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 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 §303.003, §303.009, and §304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/27/00 - 04/02/00 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/27/00 - 04/02/00 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 04/01/00 - 04/30/00 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 04/01/00 - 04/30/00 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.

TRD-200002049

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 21, 2000


Texas Credit Union Department

Applications to Expand Field of Membership

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

An application was received from United Heritage Credit Union, Austin, Texas to expand its field of membership. The proposal would permit the employees of BMC Software, Austin, Texas to be eligible for membership in the credit union.

An application was received from Texas Dow Employees Credit Union, Lake Jackson, Texas to expand its field of membership. The proposal would permit the regular employees and contract employees of Angleton Danbury Medical Center, Angleton, Texas to be eligible for membership in the credit union.

An application was received from Pegasus Credit Union, Richardson, Texas to expand its field of membership. The proposal would permit the persons who work or reside within a ten (10) mile radius of each Pegasus Credit Union office, excluding persons eligible for primary membership in any occupation or association based credit union with a full service office in the specified geographic area and having a total membership of less than 10,000 at the time membership is sought to be eligible for membership in the credit union.

An application was received from Dallas Teachers Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit the persons who live or work in the Lewisville Independent School District, excluding any individuals eligible for primary membership in any credit union whose communities of interest are primarily based on occupation or association and that has less than 20,000 members and a full service office within the Lewisville ISD on May 1, 2000, to be eligible for membership in the credit union.

An application was received from Dallas Teachers Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit the persons who live or work in any independent school district located in Collin, Dallas, or, with the exception of Mansfield Independent School District, Ellis County, excluding any individuals eligible for primary membership in any credit union whose communities of interest are primarily based on occupation or association and that has less than 20,000 members and a full service office within the geographic area on May 1, 2000, to be eligible for membership in the credit union.

An application was received from Dallas Teachers Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit the persons who live or work in any independent school district located in Kaufman County, excluding any individuals eligible for primary membership in any credit union whose communities of interest are primarily based on occupation or association and that has less than 20,000 members and a full service office within the geographic area on May 1, 2000, to be eligible for membership in the credit union.

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

TRD-200002037

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: March 20, 2000


Notice of Final Action Taken

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

Application(s) to Expand Field of Membership

Mid-County Teachers Credit Union, Port Neches, Texas (Amended) - Persons who live, work or are located in Orange County, Texas, excluding persons eligible for primary membership in Orange County Teachers Credit Union, Orange County Employees Credit Union and Vidor Teachers Federal Credit Union

United Heritage Credit Union, Austin, Texas (Amended) - Persons that work or reside within a 10-mile radius of this credit union's main office, any branch office existing as of February 25, 2000, and the proposed branch office at the Austin-Bergstrom Airport, which are located in the Extended Territorial Jurisdiction (ETJ) boundaries of the Cities of Austin and Georgetown, Texas, excluding persons eligible for primary membership in any occupation or association based credit union within an office in the specified geographic area and having a total membership of less than 20,000 at the time membership is sought

Employees Credit Union, Dallas, Texas - See Texas Register issue dated 01-31-00

Capitol Credit Union, Austin, Texas - See Texas Register issue dated 01-31-00

Application(s) for a Merger or Consolidation

NGT Credit Union and Access Credit Union - See Texas Register issue dated 01-31-00

Trinity Credit Union and City Employees Credit Union - See Texas Register issue dated 01-31-00

Application(s) to Amend Articles of Incorporation

Goodyear Employees Credit Union, Houston, Texas - See Texas Register issue dated 02-29-00

TRD-200002036

Harold E. Feeney

Commissioner

Texas Credit Union Department

Filed: March 20, 2000


East Texas Council of Governments

Request for Proposals to Update the City of Longview Fixed Route Transit Study

The East Texas Council of Governments is soliciting proposals to Update the City of Longview Fixed Route Transit Study originally prepared by McDonald Transit Associates, Inc. A pre-proposal conference will be conducted on March 15, 2000, at 2:00 p.m. in the ETCOG Conference Room located at 3800 Stone Rd, Kilgore, TX 75662. Proposal Due Date has been extended to April 13, 2000, at 2:00 p.m. Proposals will be opened at same time. Sealed Proposal must be addressed to: Roxanne Pitts, Transportation Manager, 3800 Stone Rd, Kilgore, Texas 75662. To obtain a proposal packet, call Roxanne Pitts at 1 (903) 984-8641.

TRD-200001969

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: March 16, 2000


Texas Education Agency

Notice of Contract Award

The Texas Education Agency (TEA) published Request for Proposals (RFP) #701-00-005, concerning a study related to the student assessment program, in the November 26, 1999, issue of the Texas Register (24 TexReg 10600). The purpose of this study, required by Senate Bill 103, 76th Texas Legislature, 1999, is to determine the need for expanding the assessment system to include the assessment in Grades 7 and 8 of students whose primary language is Spanish and other students who are of limited English proficiency. The study will include three research components: 1) a feasibility analysis of the development and implementation of an additional assessment at these grades, if needed; 2) a policy analysis of the need for this expansion of the assessment system that identifies and addresses the relevant policy issues and public concerns; and 3) a benefit-cost analysis. The results of this study are due to the legislature no later than December 1, 2000.

In compliance with the provisions of the Texas Government Code, Chapter 2254, Subchapter B, TEA provides notice of a consultant award for the study. The amount of the contract is $138,550. The contract period is from February 7, 2000, to December 1, 2000. The contract was awarded to Beck Evaluation & Testing Associates, Inc. (BETA), 35 Guion Street, Pleasantville, New York, 10570. Mr. Michael Beck is the President of BETA. BETA will present the final report to TEA on November 13, 2000.

TRD-200002039

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: March 20, 2000


Request for Applications for Family Literacy Challenge Grants

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Application (RFA) #701-00-024 from eligible providers. Under the Workforce Investment Act of 1998 (Public Law 105-220), Title II, Adult Education and Family Literacy Act (AEFLA), §203(5), eligible providers are: local educational agencies; community-based organizations of demonstrated effectiveness; volunteer literacy organizations of demonstrated effectiveness; institutions of higher education; public or private nonprofit agencies; libraries; public housing authorities; nonprofit institutions not described previously that have the ability to provide literacy services to adults and families; and a consortium of the agencies, organizations, institutions, libraries, or authorities described previously. For-profit entities are not eligible providers.

Description. AEFLA authorizes the use of funds for family literacy services. The purpose of Family Literacy Challenge Grants is to provide seed funding to implement family literacy services. AEFLA defines family literacy services as, "services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (1) interactive literacy activities between parents and their children; (2) training for parents regarding how to be the primary teacher for their children and full educational partners in the education of their children; (3) parent literacy training that leads to economic self-sufficiency; and (4) age-appropriate education to prepare children for success in school and life experiences."

Eligible applicants apply for Family Literacy Challenge Grants funds through a statewide competitive application process, which encourages partnerships with public school campuses. Projects must target most-in-need families in areas with high concentrations of poverty, illiteracy, unemployment, and limited English proficiency. All applications are to be submitted on TEA Standard Application System forms (SAS 330), which are provided in the RFA. The State Plan for Adult Education and Family Literacy requires that applicants have at least one year of experience in providing the adult education and literacy services proposed in the application. Applicants that are not public education entities must submit indicators of financial stability with the application to TEA. All nonprofit organizations, including public charter schools, are required to submit proof of nonprofit status. Other conditions for submittal of applications and funding are contained in the RFA.

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

Dates of Project. The Family Literacy Challenge Grant is a two-year grant. It will be implemented during fiscal years 1999-2000 and 2000-2001. For the first year, applicants should plan for a starting date of no earlier than June 1, 2000, and an ending date of no later than May 30, 2001. The period for the second year is June 1, 2001, to May 30, 2002.

Project Amount. Funding will be provided for approximately 13 projects. Each project will receive a maximum of $75,000 per year. Project 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, and the state legislature. This project is funded 50% from AEFLA federal funds ($1,000,000) and 50% from non-AEFLA sources ($1,000,000) at the local level. Cost share required at the local level is dollar-for-dollar match (in-kind or cash) from non-AEFLA resources.

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. Awards will be considered on the basis of total points awarded. Criteria for award of points are contained in the RFA. Applicants must achieve an average criterion score of 70 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 incurred before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-00-024 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 phone number, including area code. The announcement letter and complete RFA will also be posted on the Texas Education Agency website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Deborah Stedman, Division of Adult and Community Education, Texas Education Agency, (512) 463-9294.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Monday, May 22, 2000 , to be considered for funding.

TRD-200002075

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: March 22, 2000


Request for Proposals Concerning Services to Assist With Error Identification in Instructional materials Submitted Under Proclamation 1998

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-00-023 from nonprofit organizations, institutions of higher education, private companies, individuals, and regional education service centers to provide assistance in identifying errors in new instructional materials to be considered for adoption by the State Board of Education (SBOE) in November 2000. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. A variety of instructional materials (e.g. textbooks, CD-ROMs, laserdiscs, etc.) have been submitted in the areas of English Language and Composition, Grades 2-8; Reading, Grades 4-5; Reading Elective Credit, Grades 7-8; Literature, Grades 6-8; Speech, Grades 7-8; English Language and Composition, Levels I-IV; Advanced Placement English Language and Composition; Advanced Placement English Literature and Composition; Speech Communication; Public Speaking I-III; Communications Applications; Debate I-III; Journalism; Advanced Broadcast Journalism; Photojournalism; Spanish Language and Composition, Grades 2-6; Spanish Reading, Grades 4-6; English I for Speakers of Other Languages; and English II for Speakers of Other Languages. The contractor will provide services related to error identification as follows:

(1). The contractor shall recruit, hire, organize, manage, and coordinate qualified personnel necessary to review all instructional materials submitted for all errors, including factual and typographical errors. Evaluating coverage of Texas Essential Knowledge and Skills in new instructional materials is not a part of this project. Individual error reviewers hired by the contractor must possess a Bachelor's or Master's degree with a concentration of courses in the specified subject area to be reviewed. It is preferable that an error reviewer hired by the contractor have two or more years' experience in the specific subject area to be reviewed and demonstrated ability to evaluate instructional materials for accuracy. In subject areas where publishers have submitted electronic textbooks, it is preferable that error reviewers have experience using electronic textbooks (i.e., educational hardware and software such as laserdiscs and CD-ROMs).

(2). The contractor shall provide to individual reviewers the equipment they require to examine the electronic textbooks if the reviewers do not possess such equipment.

(3). The contractor shall produce a final consolidated report, using the agency-specified format, listing errors and recommended corrections that are in addition to the publishers' lists of editorial changes and corrections. Reports must be prepared using Microsoft Word 5.1 or Microsoft Word 6.0 for PC-compatible computers and be provided on 3.5" diskettes.

Dates of Project. All services and activities related to the RFP will be conducted within specified dates. Proposers should plan for a starting date of no earlier than June 1, 2000, and an ending date of no later than August 31, 2000.

Project Amount. One contractor will be selected to receive a maximum of $75,000 during the contract period.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in the RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer and upon the reasonableness of the proposed fee. The TEA reserves the right to select from the highest ranking proposals that addresses all requirements in the RFP.

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

Requesting the Proposal. A complete copy of RFP #701-00-023 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 RFP number in your request.

Further Information. For clarifying information about the RFP, contact Robert H. Leos, Division of Textbook Administration, Texas Education Agency, (512) 463-9601.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of TEA by 5:00 p.m., Central Standard Time, Friday, May 19, 2000 , to be considered.

TRD-200002074

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: March 22, 2000


Texas Department of Heath

2000 Income Guidelines and Schedule of Charges Clinical Health Services

[graphic]

TRD-200002076

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 22, 2000


Licensing Action for Radioactive Materials

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

[graphic]

[graphic]

[graphic]

In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with 25 TAC, Chapter 289 in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in 25 TAC, Chapter 289.

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

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

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

TRD-200002077

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 22, 2000


Notice of Amendment of License Issued to Waste Control Specialists, LLC

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176, 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

The issuance of amendment number ten results in the following changes to the license: (1) modifies the authorization for calibration reference sources in Part D of condition seven to authorize no single source to exceed 100 microcuries, no combination of isotopes to exceed 500 microcuries and the total authorized not to exceed 2 millicuries; (2) modifies the authorization for calibration reference sources in Part E of condition seven to authorize no single isotope to exceed 15 microcuries, no combination of isotopes to exceed 50 microcuries and the total authorized not to exceed 1 millicurie; (3) adds condition 33.B to the license to authorize the replacement of the epoxy sealant on the floor of the bin storage area with a deep penetrating sealer; (4) adds condition 33.C to the license to authorize the modification of the ventilation system and the addition of a fire wall to the stabilization building; (5) modifies condition 35 of the license to add the January 14, 1998, and May 3, 1999, letters to the license thereby binding the licensee to commitments made in those letters regarding the modifications authorized in conditions 33.B and 33.C; (6) revises condition 24 for the purpose of clarity; and (7) corrects an error in condition 30 of the license to make the proper reference to a section in 25 Texas Administrative Code (TAC), Chapter 289.

The department has determined that the amendment of the license, 25 TAC, Chapter 289, and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is sited, designed, operated, and will be decommissioned and closed in accordance with the requirements of 25 TAC, Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code §401.116 and as set out in 25 TAC §289.205(f). A "person affected" is defined as a person who is a resident of a county, or a county adjacent to a county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.114, the Administrative Procedure Act (Chapter 2001, Texas Government Code), and the formal hearing procedures of the department (25 Texas Administrative Code §1.21. et seq.).

A copy of the license amendment and supporting materials are available for public inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control.

TRD-200002031

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 20, 2000


Notice of Uranium By-Product Material License Amendment Issued to Exxon Corporation

The Texas Department of Health (department) gives notice that it has amended Radioactive Material License Number L01431, issued to Exxon Corporation, (mailing address: P. O. Box 728, Linden, New Jersey 07036). Amendment number four: (1) allows extension of time required for restoration activities outside impoundment restricted area; and (2) adds authorization for storage prior to transfer to an authorized disposal facility of byproduct material.

The department's Bureau of Radiation Control, Division of Licensing, Registration, and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials are located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, by mail at 1100 West 49th Street, Austin, Texas 78756-3189; by calling (512) 834-6688; by e-mailing Chrissie.Toungate@tdh.state.tx.us; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200002028

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 20, 2000


Notice of Uranium By-Product Material License Amendment Issued to URI, Inc.

The Texas Department of Health (department) gives notice that it has amended Radioactive Material License Number L03653 issued to URI, Inc. (mailing address: URI, Inc., 12750 Merit Drive Suite 1210, LB 12, Dallas, Texas 75251). Amendment number six: (1) updates standard conditions; (2) combines Radioactive Material Licenses L05091 and L03653 into L03653; (3) allows undeveloped sites to forgo environmental monitoring requirements until commencement of mining operations; and (4) adds conditions pertinent to sites 002 and 003.

The department's Bureau of Radiation Control, Division of Licensing, Registration, and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials are located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, by mail at 1100 West 49th Street, Austin, Texas 78756-3189; by calling (512) 834-6688; by e-mailing Chrissie.Toungate@tdh.state.tx.us; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200002029

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 20, 2000


Notice of Uranium By-Product Material License Termination Issued to URI, Inc.

The Texas Department of Health (department) gives notice that it has terminated, at the licensee's request, Radioactive Material License Number L05091 issued to URI, Inc., 12750 Merit Drive Suite 1210, LB 12, Dallas, Texas 75251.

Radioactive Material License Number L05091 has been combined with Radioactive Material License Number L03653. The combined Radioactive Material License is Number L03653; therefore Radioactive Material License Number L05091 is terminated.

The department's Bureau of Radiation Control, Division of Licensing, Registration, and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate for this termination.

This notice affords the opportunity for a public hearing upon written request by a person affected by the termination of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials were located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain terminated.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the termination of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, by mail at 1100 West 49th Street, Austin, Texas 78756-3189; by calling (512) 834-6688; by e-mailing Chrissie.Toungate@tdh.state.tx.us; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200002030

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 20, 2000


Texas Health and Human Services Commission

Notice of Availability of Copies of Proposed Amendments, Repeal and New Rules in DHS Local Offices Regarding Cost Finding Methodology, Reimbursement Setting methodology and Enhanced Direct Care Staff

The Health and Human Services Commission (HHSC) in the February 25, 2000, issue of the Texas Register (25 TexReg 1474) proposed the repeal of §355.307; proposed an amendment to §355.306, concerning cost finding methodology; and proposed new §§355.307 and 355.308, concerning reimbursement setting methodology, and enhanced direct care staff rate, in its Medicaid Reimbursement Rates chapter. The purpose of the proposal is to implement the Texas Department of Human Services (DHS) appropriations rider 38 regarding nursing facilities passed by the 76th legislature. The proposal establishes procedures for providers to obtain additional funds for increased staffing for registered nurses (RNs) and licensed Vocational Nurses (LVNs) in nursing facilities. Providers receiving the additional funds must demonstrate compliance with enhanced staffing requirements. Providers who choose not to receive additional funds will have their direct care staff rate increase each year limited to routine inflation. All providers must spend 85% of the revenues received for direct care staff compensation for RNs, LVNs, medication aides, and certified nurse aids or funds intended for those purposes are recouped by DHS. The proposal modifies the cost areas to separate the new direct care staff cost center from the other resident care cost center and separates the dietary cost center from the general and administrative cost center. For further information regarding the proposal or to make the proposal available for public review, contact local offices of DHS or Carolyn Pratt at (512) 438-4057 in DHS's Rate Analysis Division.

TRD-200002087

Steve Aragón

Agency Liaison

Texas Health and Human Services Commission

Filed: March 22, 2000


Heart of Texas Council of Governments

Request for Proposal

The Heart of Texas Workforce Development Board (HOTWDB) invites proposals for Lease Space located within the City of Waco limits. Proposals must be received by HOTWDB no later than 5:00 p.m. on April 25, 2000. Any proposal received after that time and date will not be considered.

For specifications, the Request for Proposal (RFP) is available from the HOTWDB, 300 Franklin Ave., Waco, Texas 76701, or by calling Margie Cintron at (254) 756-7844.

A pre-proposal conference will be held on April 3, 2000 at 10:00 a.m. at 300 Franklin Ave.

The HOTWDB reserves the right to reject any and/or all proposals, to make awards, as they may appear to be advantageous to HOTWDB.

TRD-200002040

Brenda Campbell

Executive Assistant

Heart of Texas Council of Governments

Filed: March 20, 2000


Texas Department of Housing and Community Affairs

Announcement of Public Comment Period for the 2000 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 1999 - Draft for Public Comment

The Texas Department of Housing and Community Affairs ("the Department") announces the opening of a sixteen day public comment period for the State of Texas 2000 Consolidated Plan Annual Performance Report - Reporting on Program Year 1999 - Draft for Public Comment as required by the U.S. Department of Housing and Urban Development (HUD) as part of the overall requirements governing the State's consolidated planning process. The State of Texas 2000 Consolidated Plan Annual Performance Report - Reporting on Program Year 1999 - Draft for Public Comment is submitted in compliance with 24 CFR 91.520 Consolidated Plan Submissions for Community Planning and Development Programs made effective on January 5, 1995. The sixteen day public comment period begins April 3, 2000, and continues until 5:00 p.m., April 18, 2000.

The State of Texas 2000 Consolidated Plan Annual Performance Report - Reporting on Program Year 1999 - Draft for Public Comment is only one part of the Consolidated Planning process. In 1996, the Department completed the 1996 State of Texas Consolidated Plan, which is the main planning document guiding the Department's administration of several programs over the following five years. The 1996 State of Texas Consolidated Plan covers four HUD-funded programs: the Community Development Block Grant (CDBG) program; the HOME Investment Partnership program; the Emergency Shelter Grant (ESG) program; and the Housing Opportunities for Persons with AIDS (HOPWA) program.

The State of Texas 2000 Consolidated Plan Annual Performance Report - Reporting on Program Year 1999 - Draft for Public Comment gives the Department an opportunity to evaluate its accomplishments during the past program year including the following: a summary of resources and programmatic accomplishments for each of the four programs covered in the Consolidated Plan; a series of narrative statements about various aspects of the Department's performance over the past program year; and a qualitative analysis of the Department's actions and experiences. The Department also addresses its success in meeting each of the goals and objectives set forth in the 1996 State of Texas Consolidated Plan and in the subsequent State of Texas One Year Action Plans.

The State of Texas 2000 Consolidated Plan Annual Performance Report - Reporting on Program Year 1999 - Draft for Public Comment will be available on the Texas Department of Housing and Community Affairs's website at www.tdhca.state.tx.us. beginning April 3, 2000.

Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Office of Strategic Planning/Housing Resource Center, P.O. Box 13941, Austin, TX 78711-3941. For more information, or to order copies of the State of Texas 2000 Consolidated Plan Annual Performance Report - Reporting on Program Year 1999 - Draft for Public Comment please contact the Housing Resource Center at (512) 475-3976 or email at jreyes@tdhca.state.tx.us.

TRD-200002089

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 22, 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 BANC ONE KENTUCKY INSURANCE COMPANY, a foreign life company. The home office is in Louisville, Kentucky.

Application for admission to the State of Texas by LINCOLN GENERAL INSURANCE COMPANY, a foreign fire and casualty company. The home office is in York, Pennsylvania.

Application to change the name of MARYLAND NETHERLANDS CREDIT INSURANCE COMPANY to NCM AMERICAS, INC., a foreign fire and casualty company. The home office is in Baltimore, Maryland.

Application to change the name of INTERCARGO INSURANCE COMPANY to XL SPECIALTY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Schaumburg, Illinois.

Application to change the name of BRADFORD NATIONAL LIFE INSURANCE COMPANY to NATIONAL UNION LIFE INSURANCE COMPANY, a domestic life company. The home office is in Austin, Texas.

Application to change the name of USF RE INSURANCE COMPANY to AXA RE AMERICA INSURANCE COMPANY, a foreign fire and casualty company. The home offices is in Boston, Massachusetts.

Application to change the name of REPUBLIC SERVICE LIFE INSURANCE COMPANY to AMERICAN CENTURY LIFE INSURANCE COMPANY OF TEXAS, a domestic life company. The home office is in North Richland Hills, Texas.

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-200002088

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 22, 2000


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Frontier Insurance Company proposing to use rates that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art 5.101, 3(g). They are proposing a rate of -45% below the benchmark for their Fire Protection, Large Contractors, and Pest Control programs/coverages for commercial automobile insurance for all territories and classifications; and benchmark rate for all other commercial automobile coverages.

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

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101, 3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-200001994

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 16, 2000


Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2443 on May 23, 2000, at 1:30 p.m. in Room 102 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by CUNA Mutual Insurance Society (CUNA) requesting review of the disapproval of CUNA Group Life Insurance Matrix Amendment Provision (Form) Numbers 03-02.07.06, 03-02.04.07, 03-06.03.01, 03-06.03.02, 05-03.05.06, 05-03.02.06, 05-04.07.01, 05-04.07.02.

The hearing is held pursuant to 28 Texas Administrative Code §1.705(a), which provides that any person affected by any action under 28 Texas Administrative Code §1.703(1) or (2) (relating to Delegation) may petition the commissioner for a hearing to review the matter. The petition shall contain an identification of the matter complained of and a petitioner's statement, including a rebuttal of the deputy commissioner's decision with sufficient particularity to inform the commissioner and any interested persons of the petitioner's reasons and arguments. Any person may appear to testify for or against the approval of CUNA's proposed life insurance forms.

A copy of the CUNA petition is available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. O-0300-07).

TRD-200002000

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 17, 2000


Notice of Public Hearing

RE: NOTICE OF PUBLIC HEARING, DOCKET NO. 2442; TO CONSIDER WHETHER THE COMMISSIONER OF INSURANCE SHOULD WITHDRAW TDI'S APPROVAL OF CUNA MUTUAL INSURANCE SOCIETY'S NON-CONTRIBUTORY GROUP CREDIT LIFE INSURANCE POLICY FORM ORIGINALLY APPROVED IN MATRIX FORM AS NUMBER 07-01-10-00-0184, ET AL.

Please consider this formal notice that a public hearing will be held before the Commissioner of Insurance of the State of Texas on May 23, 2000, at 1:30 p.m. in the William P. Hobby Building, 333 Guadalupe, Room 102, Austin, Texas 78701. Unless otherwise directed by the Administrative Law Judge, the hearing shall continue from day to day in the Stephen F. Austin Building until concluded. The hearing will be conducted according to the procedures set out in TEX. INS. CODE ANN. art. 3.42(j), Chapter 2001 of the Texas Government Code (the Administrative Procedure Act, or "A.P.A."), and the Texas Rules of Civil Evidence.

IF YOU DO NOT FILE A WRITTEN RESPONSE TO THIS NOTICE WITH THE CHIEF CLERK OF THE TEXAS DEPARTMENT OF INSURANCE WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED, THE SCHEDULED HEARING MAY BE CANCELED AND THE COMMISSIONER OF INSURANCE MAY GRANT THE RELIEF REQUESTED BY STAFF IN THIS NOTICE OF HEARING. In accordance with the provisions of 1 TEX. ADMIN. CODE §155.23, copies of such written response should be sent to:

(1) Chief Clerk

Texas Department of Insurance

Mail Code 113-2A

P. O. Box 149104

Austin, Texas 78711-9104; and

(2) Bruce McCandless III, Staff Attorney

Texas Department of Insurance

Legal and Compliance, MC 110-1A

P. O. Box 149104

Austin, Texas 78711-9104.

The Commissioner of Insurance has authority and jurisdiction over this matter pursuant to TEX. INS. CODE ANN. (the "Code") art. 3.42.

The allegations against CUNA Mutual Insurance Society are as follows:

1. CUNA Mutual Insurance Society ("CUNA") is a foreign mutual life insurance company based in Madison, Wisconsin with approximately $2 billion in assets. CUNA has held a Certificate of Authority to do business in the State of Texas since 1957.

2. CUNA issues non-contributory group credit life insurance to credit unions in Texas pursuant to article 3.50 §1(4) of the Texas Insurance Code.

3. CUNA's non-contributory group credit life insurance policy form was filed and approved in matrix form by TDI in 1984 as Form Number 07-01-10-00-0184, et. al (hereinafter referred to as CUNA's "Non-Contributory Group Credit Life Insurance Policy Form Number 07-01-10-00-0184, et. al" or simply as CUNA's "non-contributory group credit life insurance policy").

4. A complaint filed with TDI in 1997 led staff members of TDI ("Staff') to review the way CUNA was administering its non-contributory group credit life insurance policy in Texas. Staff focused on the effects of Endorsement Form No. 07-07-071-1192, which defines "good health," as discussed below. Endorsement Form No. 07-07-071-1192 has been approved by TDI for more than 180 days as an endorsement to policies issued by CUNA pursuant to its Non-Contributory Group Credit Life Insurance Policy Form Number 07-01-10-00-0184, et. al., which has also been approved in matrix filing form, as discussed in Paragraph 3 above, for more than 180 days.

5. Under the terms of CUNA's non-contributory group credit life insurance policies, the credit union is the policyholder. The credit union pays premiums to insure the lives of all persons who borrow money from the credit union, so that if a borrower dies or, in some case, becomes disabled, during the loan term, CUNA pays off the remaining loan obligation of the deceased or disabled borrower. Under the terms of the policy, any money left over and above the amount of the unpaid loan amount goes to the disabled borrower or to the deceased borrower's estate.

6. CUNA's non-contributory group credit life insurance policy covers certain persons who take out a loan from the credit union and who are employed (or "at work") at the time they take out the loan. The policy also covers certain persons who are not working when they take out a loan but who are in "good health," as defined by Endorsement Form No. 07-07-071-1192 of the policy: "Good health" means you are not [now] receiving, nor did you during the previous 12-month period receive, a medical diagnosis or any care or treatment for cancer, high blood pressure, or for any disease of your heart, lungs, or blood vessels.

A borrower is not required to make any representation whatsoever as to his or her employment or health status when he or she obtains a loan. After receiving the loan, the borrower sometimes receives a certificate (labeled CERTIFICATE OF INSURANCE) laying out the terms of the group credit life insurance policy, including the "good health" provision set out above. Neither the credit union nor CUNA makes any attempt to explain to the borrower/certificate holder the terms of the eligibility provisions in the certificate.

8. Though some borrowers receive a certificate, others do not. These persons may be given advertising brochures concerning the group credit life insurance policy, or simply told by the credit union that their loan is covered by group credit life insurance, or receive no instructions at all.

9. Because of the "good health" provision discussed above, a borrower may not in fact be considered by CUNA to be eligible for insurance coverage pursuant to the master policy issued by CUNA to the credit union. In several instances, credit unions have filed claims with CUNA in connection with the loan balances of deceased or disabled borrowers, only to be told by CUNA that, upon investigation of pertinent medical records, it has determined that the borrower was not eligible for coverage on the loan in the first place, because he or she was not in "good health" at the time he or she incurred the debt to the credit union. In some cases, such denials of eligibility have taken place well over two years after CUNA's certificate of insurance was issued to the borrower.

Staff believes that CUNA's claim denials as described in Paragraph 9 above are illegal. TEX. INS. CODE ANN. art. 3.50 §2(2) lays out the only terms under which CUNA can deny a group credit life insurance claim of the type identified above-namely, only a) for failure to pay premium, or b) within two years of the policy's (or, in this case, the certificate's) issuance, on the basis of misrepresentations made by the insured in writing. While article 3.50 does not prohibit underwriting on the basis of health status, it clearly contemplates that such underwriting is to be done in such a way as to give a potential insured both effective notice of the requirements under which he or she will be underwritten and eventual repose from imposition of such requirements. It contemplates, in other words, that such underwriting be done "up front," rather than after possibly years in which a credit union has paid premium for the loan account of a possibly "ineligible" debtor and the debtor believes he or she has successfully obtained insurance coverage for his or her loan.

The above allegations, if proved, constitute grounds for withdrawing TDI's prior approval of CUNA's Non-Contributory Group Credit Life Insurance Policy Form Number 07-01-10-00-0184, et. al because such policy form violates or does not comply with specific requirements of the Texas Insurance Code as contemplated by TEX. INS. CODE ANN. art. 3.42(j), to wit:

1. By issuing policies containing, and denying claims on the basis of, a "good health" eligibility or insurability requirement without at the same time complying with §§ 2(2), 2(3), and 2(4) of article 3.50 of the Texas Insurance Code regarding the ways in which such eligibility or insurability provisions are to be administered, CUNA has violated TEX. INS. CODE ANN. art. 3.50 §3.

2. By failing to include in its policy of group credit life insurance a provision that no statement made by any person insured under the policy relating to his insurability shall be used in contesting the validity of the insurance with respect to which such statement was made after such insurance has been in force prior to the contest for a period of two (2) years during such person's lifetime nor unless it is contained in a written instrument signed by him, or a provision that is at least as favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder, CUNA has violated TEX. INS. CODE ANN. art. 3.50 §§2 and 2(2).

3. By failing to include in its policy of group credit life insurance a provision that all statements made by persons insured shall be deemed representations and not warranties, and that no statement made by any person insured shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to such person or his beneficiary, or a provision that is at least as favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder, CUNA has violated TEX. INS. CODE ANN. art. 3.50 §§2 and 2(3).

4. By failing to include in its policy of group credit life insurance a provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his coverage, or a provision that is at least as favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder, CUNA has violated TEX. INS. CODE ANN. art. 3.50 §§2 and 2(4).

If CUNA's Non-Contributory Group Credit Life Insurance Policy Form Number 07-01-10-00-0184, et. al is found to violate or fail to comply with any of the specific requirements as listed above, the Commissioner of Insurance could enter an order withdrawing approval of CUNA's Non-Contributory Group Credit Life Insurance Policy Form Number 07-01-10-00-0184, et. al pursuant to TEX. INS. CODE ANN. art. 3.42(g) and (j). CUNA has the right to appear at this hearing and to be represented by and through an attorney or any other duly authorized representative. Please direct any questions concerning this matter to the undersigned at the address set out below.

Bruce McCandless III

Staff Attorney, Enforcement Section

MC110-1A

P.O. Box 149104

Austin, Texas 78714-9104

(512) 475-1829

FAX (512) 475-1772

TRD-200002001

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 17, 2000


Notice of Public Hearing

The Commissioner of Insurance, at a public hearing under Docket No. 2444 scheduled for May 2, 2000 at 10:00 a.m., in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 2000 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0300-08-I), was filed on March 15, 2000.

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

A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0300-08-I).

Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register , to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Associate Commissioner, Property & Casualty Program, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104.

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

TRD-200002048

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 21, 2000


Third Party Administrator Applications

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

Application for admission to Texas of Specialty Benefits, Inc., (doing business under the assumed name of Specialty Accident Benefits, Inc.), a foreign third party administrator. The home office is Fort Wayne, Indiana.

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

TRD-200002061

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: March 21, 2000


Texas Commission on Law Enforcement Officer Standards and Education

Correction of Error

The Texas Commission on Law Enforcement Officer Standards and Education proposed new 37 TAC §223.2, concerning an answer required from a person whose license the executive director proposes to deny, cancel, suspend, or revoke. The rule was published in the March 24, 2000, issue of the Texas Register (25 TexReg 2553).

Due to an error by the agency, the text of subsection (c) should not have been included in the rule. When it adopts the rule, the Commission intends to omit the text in subsection (c). Subsection (d) will be adopted as subsection (c) instead. Subsection (e) will become subsection (d). Subsection (f) will be adopted as subsection (e). Subsection (g) will be adopted as subsection (f).

TRD-200002199

Texas Commission on Law Enforcement Officer Standards and Education

Filed: March 27, 2000


Texas Department of Licensing and Regulation

Vacancies on Auctioneer Education Advisory Board

The Texas Department of Licensing and Regulation announces vacancies on the Auctioneer Education Advisory Board established by Texas Civil Statues, Article 8700, Regulation of Auctioneers. The pertinent rules may be found in 16 TAC §67.65. The Board is created to advise the Commissioner on educational matters by evaluating educational programs, seminars, and training projects and make recommendations to the Commissioner of their usefulness and merit as continuing education tools. On the recommendation of the advisory board, the Commissioner may fund or underwrite specific classes, seminars, or events for the education and advancement of the auctioneer profession in this state.

The advisory board consists of: three licensed auctioneers appointed by the Commissioner who individually reside in noncontiguous senatorial districts; the Commissioner of the Texas Department of Commerce and the Commissioner of Education or their designees; and three consumers of services provided by licensed auctioneers. There are presently vacancies for two (2) consumer members. Applicants for consumer membership must consign property to auctioneers for sale and/or regularly buy at auctions.

Interested persons should request an application from the Department of Licensing and Regulation by calling (512) 463-7348 or (512) 463-7357 or FAX (512) 475-2872. Applications must be returned to the Department of Licensing and Regulation not later than April 12, 2000. Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200002024

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 17, 2000


Vacancies on Elevator Advisory Board

The Texas Department of Licensing and Regulation announces vacancies on the Elevator Advisory Board established by Texas Health and Safety Code, Chapter 754, Subchapter B, Elevators, Escalators and Related Equipment (the Act). The pertinent rules may be found in 16 TAC §74.65. The Board is created to advise the commissioner on the adoption of appropriate standards for the installation, alteration, operation and inspection of elevators, escalators, and related equipment, the status of elevators, escalators and related equipment used by the public in this state, and any other matter considered relevant by the commissioner.

The advisory board consists of thirteen members appointed by the commissioner which include those regulated industry members and consumers of services members specified in the Act, a professional engineer or architect specified in the Act, and four additional consumers of services of the industry regulated by the Act or of the department, one of which should be a person with a disability. This announcement is for the positions of owner/manager, equipment manufacturer, consumer and consumer with a disability whose positions expired on November 1, 1999.

Interested persons should request an application from the Department of Licensing and Regulation by calling (512) 463-7348 or (512) 463-7357 or FAX (512) 475-2872. Applications must be returned to the Department of Licensing and Regulation not later than April 12, 2000. Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200002023

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 17, 2000


Vacancy on Property Tax Consultants Advisory Council

The Texas Commission of Licensing and Regulation announces vacancies on the Property Tax Consultants Advisory Council established by Texas Civil Statutes, Article 8886, Registration of Property Tax Consultants. The pertinent rules may be found in 16 TAC §66.65. The Council is composed of six members, appointed by the Texas Commission of Licensing and Regulation. Three of the members are registered property tax consultants and three are consumers. There are presently vacancies for one registered property tax consultant and one consumer member. Applicants for consumer membership must utilize the services of property tax consultants to be considered. To be eligible for consideration for the registered property tax consultant membership, applicants must: be a registered senior property tax consultant; be a member of a nonprofit, voluntary trade association that has a membership primarily composed of individuals who perform property tax consulting services in this state or who engage in property tax management in this state for other persons, has written requirements of experience and examination as a prerequisite for an individual's membership, and subscribes to a code of professional conduct or ethics; be a resident of this state for the five years preceding the date of the appointment; and have performed or supervised the performance of property tax consulting services as the individual's primary occupation continuously for the five years preceding the date of the appointment.

Interested persons should request an application from the Department of Licensing and Regulation by calling (512) 463-7348 or (512) 463-7357 or FAX (512) 475-2872. Applications must be returned to the Department of Licensing and Regulation not later than April 12, 2000. Applicants may be asked to appear for an interview with members of the Texas Commission of Licensing and Regulation, however any required travel for an interview would be at the applicant's expense.

TRD-200002022

William H. Kuntz. Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 17, 2000


Vacancies on Service Contract Providers Advisory Board

The Texas Commission of Licensing and Regulation posts this announcement of vacancies on the Service Contract Providers Advisory Board established by Acts of the 76th Legislature, SB 1775 which created Texas Civil Statutes, Article 9034, Service Contract Regulatory Act. There are presently vacancies for one officer, director, or employee of a retail outlet or other entity located in Texas that provides to consumers service contracts approved by the commissioner for sale to consumers and one resident of Texas, who has, as a consumer, a service contract in force in Texas at the time of the appointment that is issued by a registered service contract provider. Applicants must be residents of the State of Texas.

The service contract providers advisory board is an advisory body to the department. The advisory board advises the commissioner in adopting rules and enforcing and administering this article and advises the commission in setting fees. The advisory board is composed of six members appointed by the commissioner as follows: two members must be officers, directors, or employees of a provider of service contracts; two members must be officers, directors, or employees of a retail outlet or other entity located in this state that provides to consumers service contracts; one member must be an officer, director, or employee of an entity approved by the Texas Department of Insurance to sell reimbursement insurance policies; and one member must be a resident of this state who has, as a consumer, a service contract in force in this state at the time of the appointment. There are presently vacancies for one officer, director, or employee of a retail outlet or other entity located in Texas that provides service contracts to consumers and one resident of Texas who has, as a consumer, a service contract in force in Texas, issued by a registered service contract provider. Providers must be registered by January 1, 2000.

A member of the advisory board serves a term of six years with terms expiring on February 1 of odd-numbered years. The commissioner shall designate one member of the advisory board to serve as presiding officer. The commissioner or the commissioner's designee shall serve as an ex officio nonvoting member of the advisory board. The commissioner shall fill any vacancy on the advisory board for the remainder of the unexpired term with an individual who represents the same interests with which the predecessor was identified. The advisory board shall meet at least every six months and may meet at other times at the call of the presiding officer. The advisory board shall meet at a location in this state designated by the advisory board. A decision of the advisory board is not effective unless it receives the affirmative vote of at least four members. The advisory board members serve without compensation. A member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the advisory board, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 463-7348 or (512) 463-7357, FAX (512) 475-2872 or E-mail caroline@license.state.tx.us. Applications must be returned to the Department of Licensing and Regulation no later than April 12, 2000.

Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200002021

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 17, 2000


Vacancies on Water Well Driller Advisory Council

The Texas Department of Licensing and Regulation announces vacancies on the Water Well Driller Advisory Council established by the Texas Water Code, Chapters 32 and 33. The Advisory Council advises the department on the contents of the licensing examination, assist the department in the evaluation and recommendation of standards for continuing education programs, propose rules for adoption by the department relating to the regulation of drillers registered under this chapter, and hear consumer complaints and make recommendations to the department as to their disposition.

The advisory board consists of nine members appointed by the Executive Director. Six members shall be licensed drillers who are residents of this state. One driller shall be selected from the state at large and one of each of the remaining five drillers shall be selected from the Gulf Coast, Trans-Pecos, Central Texas, Northeast Texas, and the Panhandle-South Plains areas. Three members must be representatives of the public. A person is not eligible for public membership if the person or the person's spouse is licensed by an occupational regulatory agency in the field of well drilling, or is employed by, participates in the management of, or has, other than as a consumer, a financial interest in a business entity or other organization related to the field of well drilling. There are presently vacancies for one (1) consumer position, one (1) consumer position from Central Texas and one (1) driller position from the Gulf Coast.

Interested persons should request an application from the Department of Licensing and Regulation by calling (512) 463-7348 or (512) 463-7357 or FAX (512) 475-2872. Applications must be returned to the Department of Licensing and Regulation not later than April 12, 2000. Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200002020

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 17, 2000


Public Utility Commission of Texas

Notice of Application filed for Designation as an Eligible Telecommunications Carrier Under 47 U.S.C. 14(e)

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on March 15, 2000 for designation as an eligible telecommunications carrier under 47 U.S.C. 214(e).

Project Title and Number: Application of WWC Texas RSA Limited Partnership For Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to 47 U.S.C. 214(e) and P.U.C. Substantive Rule §26.418. Project Number 22289.

The Application: WWC Texas RSA Limited Partnership (Western Wireless) filed an application for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418. Western Wireless is requesting ETC designation in identified study areas and exchanges within its current cellular signal coverage area in order to be eligible to receive support from the Federal universal service support mechanisms.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by April 20, 2000. Requests for further information should be mailed to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or you may 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 (800) 735-2989 to reach the commission's toll free number (888) 782-8477.

TRD-200002045

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


Notice of Application filed for Designation as an Eligible Telecommunications Provider Under 47 U.S.C. 14(e)

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on March 15, 2000 for designation as an eligible telecommunications provider under 47 U.S.C. 214(e).

Project Title and Number: Application of WWC Texas RSA Limited Partnership For Designation as an Eligible Telecommunications Provider (ETP) Pursuant to 47 U.S.C. 214(e) and P.U.C. Substantive Rule §26.417. Project Number 22295.

The Application: WWC Texas RSA Limited Partnership (Western Wireless) filed an application for designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.417. Western Wireless is requesting ETP designation in identified study areas and exchanges within its current cellular signal coverage area in order to be eligible to receive support from the Texas Universal Service Fund (TUSF).

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by April 20, 2000. Requests for further information should be mailed to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or you may 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 (800) 735-2989 to reach the commission's toll free number (888) 782-8477.

TRD-200002046

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


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

On March 20, 2000, North Americom Corporation 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 60186. Applicant intends to remove the resale-only restriction and revise its geographic scope to include the entire state of Texas.

The Application: Application of North Americom Corporation for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22306.

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 at P.O. Box 13326, Austin, Texas 78711-3326 no later than April 5, 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 22306.

TRD-200002053

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


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

On March 20, 2000, InfoCom Services, 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 19831. Applicant intends to reflect the acquisition of Morris Communications, holding SPCOA Certificate Number 60197.

The Application: Application of InfoCom Services, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22307.

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 at P.O. Box 13326, Austin, Texas 78711-3326 no later than April 5, 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 22307.

TRD-200002054

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 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 March 14, 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 KMC Telecom IV, Inc., doing business as KMC Telecom for a Service Provider Certificate of Operating Authority, Docket Number 22215 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Digital Subscriber Line, ISDN, T1- Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, and long distance services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 5, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200001987

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 16, 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 March 13, 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 USA Digital Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22265 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Digital Subscriber Line, ISDN, T1- Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance and wireless services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 5, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200001988

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 16, 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 March 13, 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 TXOL Internet for a Service Provider Certificate of Operating Authority, Docket Number 22272 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, Digital Subscriber Line, ISDN, T1- Private Line, and Fractional T1 services.

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas and Fort Worth Local Access and Transport Areas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 5, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200001989

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 16, 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 March 14, 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 UniDial Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22277 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ISDN, T1-Private Line, Frame Relay, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area includes the Dallas, Fort Worth, and Houston areas within the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 5, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200001990

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 16, 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 March 15, 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 Broadview Networks, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22285 before the Public Utility Commission of Texas.

Applicant intends to provide local exchange services, switched local exchange services, non- switched local services, Centrex and/or Centrex-like services, Digital Subscriber Line, ISDN, Frame Relay, and other high capacity line services.

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

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 Customer Protection at (512) 936-7120 no later than April 5, 2000. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200001999

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 17, 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 March 15, 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 Fiber America, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22287 before the Public Utility Commission of Texas.

Applicant intends to provide broadband telecommunications capacity including Fractional T1s, DS-3s, OC-3s, OC-12s, OC-48s, OC-192s, Dark Fiber, Dim Fiber and SWDM Fiber Windows.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 no later than April 5, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200001998

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 17, 2000


Notice of Application Pursuant to P.U.C. Substantice Rule §26.209

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 17, 2000, pursuant to P.U.C. Substantive Rule §26.209 for approval to implement rates, terms and conditions for several new, optional service offerings.

Tariff Title and Number: Application of Riviera Telephone Company, Inc. to Offer New Services Pursuant to P.U.C. Substantive Rule §26.209. Tariff Number 22301.

The Application: Riviera Telephone Company, Inc. (Riviera) seeks to establish rates, terms and conditions to provide the following new service offerings: Toll Control with PIN Override and Code Restrict.

Persons who wish to intervene in the proceeding or 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 telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. Please reference Tariff Number 22301.

TRD-200002060

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 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 March 15, 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 Central Power and Light Company (CPL) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within Bee County. Docket Number 22286.

The Application: CPL proposes to construct a 4.2-mile new 69-kV transmission line. The Preferred Route originates at the Chase Field Substation and parallels the south side of State Highway (SH) 202 for approximately 4,600 feet to a point immediately west of Poesta Creek where it would turn to the south for approximately 1,000 feet. The proposed transmission line would then make a 90 degree turn to the west and continue for approximately 2,200 feet before turning to the south to parallel a trail and fence line for an additional 5,800 feet. The line then turns to a westerly direction near Old St. Mary's Road and parallels fence lines for an additional 8,600 feet to the Beeville to Victoria Transmission line tie-in location. Combinations of various segments were used to identify four potential routes (alternatives) that were considered to be reasonable to meet the project purpose and need while minimizing impacts to the environment. Variations of two of the routes included underground installation of a segment along the approach of Runway 13L/31R. Copies of the amended application and additional associated maps are available for reviewing at the CPL office located at 539 North Carancahua in Corpus Christi. Arrangements to view or obtain a map may be made by contacting Ralph Underbrink at (361) 881-5542.

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 April 28, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200002019

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 17, 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 March 17, 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 Central Power and Light Company (CPL) to Amend A Certificate of Convenience and Necessity for a Proposed Transmission Line Within San Patricio County. Docket Number 22299.

The Application: CPL proposes to construct an approximately 10.1 mile new double-circuit 345kV transmission line. The purpose of the project is to allow an additional path for new generation into the CPL system and maintain compliance with electrical system planning criteria. The proposed project, located in San Patricio County, originates at the intersection of the Lon C. Hill/STP transmission line and County Road 42 and terminates at the Whitepoint Substation. The proposed 345 kV double circuit line will exit CPL's Substation to the north towards the Midway Pump facilities. The line will then turn and extend in a westerly direction for approximately 3.5 miles along the north side of County Road 76 and FM 2512 and paralleling the north side of an existing CPL 138 kV transmission line and crossing County Road 77, County Road 75 and FM 693 to a point east of County Road 69. The line will then turn north and extend approximately 500 feet along the east side of County Road 69 and then cross to the west side of County Road 69 and then extend north and parallel to County Road 69 approximately .9 miles to a point on the south side of County Road 42 where the line will turn to the west. The line will then extend in a westerly direction along the south side and parallel to County Road 42 for approximately 1.2 miles and crossing County Road 67 to a point where the line will turn and cross to the north side of County Road 42. The line will then continue in a westerly direction along the north side and parallel to County Road 42 for approximately 4.3 miles and cross County Road 65, FM 1074, County Road 61 and FM 2046 until it reaches CPL's existing Lon Hill to CTP 345 kV transmission line. Twelve alternative transmission line segments were identified which, in combination, resulted in four potential transmission line routes. Copies of the amended application and additional associated maps are available for reviewing at the CPL office located at 539 North Carancahua in Corpus Christi. Arrangements to view or obtain a map may be made by contacting Ralph Underbrink at (361) 881-5542.

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 May 1, 2000. The commission should receive a letter requesting intervention on or before that date.

TRD-200002059

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


Notice of Petition for Temporary Waiver of P.U.C. Substantive Rule §26.28(h)(5)

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 17, 2000, for a temporary waiver of P.U.C. Substantive Rule §26.28(h)(5).

Docket Title and Number: Application of Dell Telephone Cooperative, Inc. (Dell) for Temporary Waiver of the Requirements of P.U.C. Substantive Rule §26.28(h)(5) Regarding Limitations on Local Telephone Service Disconnection. Docket Number 22296.

The Application: Dell asserts that its office procedures are in full compliance with P.U.C. Substantive Rule §26.28(d)(1)-(5); however, due to limitations in its billing system Dell will be unable to comply with the requirements of §26.28(h)(5) by March 1, 2000. Dell requests the commission grant it a six-month waiver until September 1, 2000. As an interim measure, Dell will include a statement on the disconnect notice stating that a residential customer will not be disconnected for non-payment of long distance charges.

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 April 7, 2000. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 22296.

TRD-200002072

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 22, 2000


Public Notice of Amendment to Interconnection Agreement

On March 13, 2000, Southwestern Bell Telephone Company and NextLink, 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 22273. 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 22273. 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 April 4, 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 22273.

TRD-200001995

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 16, 2000


Public Notice of Amendment to Interconnection Agreement

On March 16, 2000, Southwestern Bell Telephone Company and Buy-Tel 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 22291. 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 22291. 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 April 12, 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 22291.

TRD-200002055

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


Public Notice of Interconnection Agreement

On March 14, 2000, Southwestern Bell Telephone and Commserv, 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 22278. 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 22278. 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 April 4, 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 22278.

TRD-200001996

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 16, 2000


Public Notice of Revised Form for Reporting Under P.U.C. Substantive Rule §25.84, Reporting of Affiliate Transactions for Electric Utilities, and Request for Comments

The staff of the Public Utility Commission of Texas (commission) is revising the required report form to conform it to the revised rule, §25.84, Reporting of Affiliate Transactions For Electric Utilities, effective December 20, 1999.

Project Number 22308, PUC Proceeding to Revise Reporting Form for PUC Substantive Rule §25.84 , has been established for this proceeding.

The commission requests interested persons file comments addressing proposed changes to the form. The draft revised form will be available in Central Records under Project Number 22308, and from the Commission's Web site, on Friday, March 31, 2000.

Sixteen copies of comments may be filed with the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 until April 7, 2000. All comments should reference Project Number 22308

Questions concerning Project Number 22308 may be referred to Jan Bargen, Office of Policy Development, (512) 936-7255. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200002071

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


Public Notice of Workshop on Report to the 77th Legislature on Intrastate Switched Access Rates and Request for Comments

The Staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the report to the 77th Legislature on intrastate switched access rates on Thursday, April 20, 2000, at 9:30 a.m. in the Commissioner's Hearing Room, 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 (pursuant to PURA §58.303), has been established for this proceeding. The agenda for the workshop will be available in Central Records, under Project Number 21168, no later than April 17, 2000. The agenda will also be posted on the commission's Web site.

Before the workshop commences, the Staff requests interested persons file comments addressing the questions below. The workshop agenda will not be confined solely to questions proposed by the commission staff; a portion of the workshop will be reserved for open discussion of general or specific issues of interest to attendees.

1. Are current or future intrastate switched access rate disparities in the public interest in a competitive environment? Please explain your position in detail.

2. Please explain whether the following switched access rate structures would be in the public interest and competitively neutral. Please explain both the pros and cons of the structure in detail:

A. an intrastate switched access rate structure using uniform and collapsed minute of use (MOU) rates;

B. an intrastate switched access rate structure which includes a "make whole" additive element (a flat rate) in addition to a uniform MOU rate;

C. an intrastate switched access rate structure comprised solely of a flat fee. How would you envision the application of a flat fee intrastate switched access rate structure? For example, flat fees based upon geographic location, volume of usage, or some other criteria?

D. Please discuss any other alternative rate design proposals for intrastate switched access and provide as much detail as possible.

3. What is, or should be, the relationship between interstate switched access rate restructuring in the federal jurisdiction and intrastate switched access rate restructuring in the state jurisdiction? Please discuss your evaluation of the Coalition for Affordable Local and Long Distance Services (CALLS) proposal being considered by the FCC in CC Docket Numbers 96- 262, 94-1, 99-249, and 96-45.

Sixteen copies of comments may be filed with the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711- 3326 within 14 days of the date of publication of the Texas Register notice regarding these questions. All comments should be limited to 15 pages and reference Project Number 21168.

Questions concerning the workshop 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-200001986

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 16, 2000


Public Notice of Workshop on Telephone Customer Service Rules

The Public Utility Commission of Texas (commission) will hold a workshop regarding Telephone Customer Service Rules on Friday, April 14, 2000, at 9:00 a.m. in the Commissioners' Hearing Room located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21423, Amendments to Substantive Rules §26.21 - §26.31 Regarding Telephone Customer Service Standards , has been established for this proceeding. This rulemaking seeks to implement the provisions of the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §17.004 and §17.052. The purpose of this workshop is to solicit input from interested parties that will assist in the rulemaking.

A draft redline version of potential amendments to the rules and the project timeline will be available on the Project Number 21423 website by 8:00 a.m. on March 27, 2000. Commissioners will consider proposed amendments for publication in the Texas Register at the May 25, 2000 Open Meeting.

Questions concerning the workshop or this notice should be referred to Trish Dolese, Office of Customer Protection at (512) 936-7125 or via e-mail: Trish.Dolese@puc.state.tx.us. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200002069

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


Request for Proposals to Prepare a Distributed Generation Manual

A Request for Proposals (RFP) will be issued pursuant to the Public Utilities Regulatory Act, Texas Utilities Code Chapter 39, which authorizes the Public Utility Commission (commission) to protect the public interest during the transition to and the establishment of a fully competitive electric power industry.

The Public Utility Commission is requesting proposals from entities with experience in technical writing to draft a distributed generation manual. Entities that meet the definition of a historically underutilized business (HUB), as defined in Texas Government Code §2161.100 are encouraged to submit a proposal.

Project Description. The Distributed Generation (DG) manual is an instruction manual for use by transmission and distribution electric utilities and interested parties in Texas that wish to install on-site generation facilities that will interconnect and operate in parallel with an electric utility's system. The manual is intended to assist a utility and a DG applicant in preparing and processing a DG interconnection request and safely installing and operating a DG unit. The successful proposal will draft the manual. The proposal does not include printing, publishing or distributing the manual.

Selection Criteria. A proposal will be selected based on the ability of the proposer to provide the best value in carrying out requirements identified in the RFP. Proposals will be evaluated using these criteria: (1) Quality of the proposer: evidence of ability to manage projects on schedule at or below anticipated cost; relevant experience of personnel assigned to the project; (2) Quality of Project Plan: activities are described in sufficient detail to make evident satisfactory performance and timely project implementation; and (3) Reasonable project cost. The Public Utility Commission will evaluate proposals and make a selection. Proposers will be notified in writing of the selection.

Requesting the Proposal. The RFP will be available Friday, March 31, 2000. A complete copy of the RFP to Prepare a Distributed Generation Manual may be obtained by writing Susan K. Durso, General Counsel, Public Utility Commission, P.O. Box 13326, Austin, Texas 78711- 3326, or susan.durso@puc.state.tx.us, or by calling (512) 936-7146. The RFP will be posted on the PUC web site at http://www.puc.state.tx.us and on the Texas Marketplace at http://www.marketplace.state.tx.us.

Questions. Written questions will be answered if received by April 12, 2000.

For Further Information. For clarifying information about the RFP, write Ed Ethridge, Office of Regulatory Affairs, Public Utility Commission, P.O. Box 13326, Austin, TX 78711- 3326, Fax (512) 936-7328, ed.ethridge@.puc.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received no later than 5:00 p.m. on Wednesday, April 26, 2000, in Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Proposals received in Central Records after 5:00 p.m. on April 26, 2000, will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of the Central Records Division in establishing the time and date of receipt.

TRD-200002070

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2000


Revised 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) an application for sale, transfer, or merger on March 3, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 and §37.154 (Vernon 1998).

Docket Style and Number: Application for Sale, Transfer, or Merger of United Electric Cooperative Services, Inc. Docket Number 22222.

The Application: United Electric Cooperative Services, Inc. (UECS) filed with the Public Utility Commission of Texas an application for approval of the consolidation of Johnson County Electric Cooperative, Inc. (JCEC) and Erath County Electric Cooperative Association (ECEC) to form UECS. UECS will acquire the entire assets, liabilities, operations, certificated facilities, and service areas of JCEC and ECEC. UECS asserts that all customers will be charged the same rates as they were charged before the transaction.

Persons who wish to intervene in the proceeding or 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 telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1 (800) 735-2989.

TRD-200002038

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 20, 2000


Teacher Retirement System of Texas

Request for Proposals

The Teacher Retirement System of Texas (TRS) is requesting proposals for Actuarial Valuation and Pension Consulting Services.

Proposals must be received at the Teacher Retirement System Offices no later than 5:00 PM, CDT on May 8, 2000.

Persons interested in acquiring a copy of the RFP should contact Mr. Ronnie G. Jung, Chief Financial Officer of TRS at 1000 Red River Street, Austin, Texas 78701-2698; (512) 370-0576.

The contract will be awarded on the basis of demonstrated competence and qualifications to perform the services as well as price.

TRD-200002073

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 22, 2000