Texas Department of Agriculture
Notice of Public Hearing
The Texas Department of Agriculture (the department) will hold a public
hearing to take public comment on its proposed Diaprepes Root Weevil Quarantine
rules, proposed new §§19.160-19.163. The proposal was published
in the Friday, July 6, 2001 issue of the
Texas Register
(26 TexReg 4931). The hearing will be held on August 2, beginning
at 9:00 a.m., at the department's Lower Rio Grand Valley regional office located
at 900-B E. Expressway 83, San Juan, Texas.
For more information please contact Steve Bearden, Texas Department of
Agriculture, 900-B E. Expressway 83, San Juan, Texas 78589, (956) 787-8866.
TRD-200104024
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 12, 2001
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. As required by federal law, the public is given an opportunity
to comment on the consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for these activities extends
30 days from the date published on the Coastal Coordination Council web site.
Requests for federal consistency review were received for the following projects(s)
during the period of July 6, 2001, through July 12, 2001. The public comment
period for these projects will close at 5:00 p.m. on August 17, 2001.
FEDERAL AGENCY ACTIONS:
Applicant: Jerry Moffitt; Location: The project is located on Taylor Bayou
Slough on Lots 13 and 18, Block 41, in Shoreacres, Harris County, Texas. CCC
Project No.: 01-0248-F1; Description of Proposed Action: The applicant proposes
to construct a low water bridge approximately 20 feet wide and 100 feet long
across Taylor Bayou Slough. The proposed bridge would be composed of fill
dirt and is necessary to connect Lots 13 and 18, both of which the applicant
owns. No wetlands or vegetated shallows would be impacted. Type of Application:
U.S.A.C.E. permit application #22405 is being evaluated under §10 of
the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404
of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Oiltanking of Texas, Inc.; Location: The project is located
within the Houston Ship Channel near mile point 37.4 at the Oiltanking Houston,
Inc. facility, Harris County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled Pasadena, Texas. Approximate UTM Coordinates: Zone
15; Easting: 294010; Northing: 3291210. CCC Project No.: 01-0250-F1; Description
of Proposed Action: The applicant proposes to relocate the existing dock 6
platform, pipe rack, and walkway structures to a new location in line with
the existing "A" barge dock structure. Additionally, four timber pile tripod
breasting dolphins will be removed and will be replaced with six new 48-inch
diameter steel breasting piles. The size of the proposed relocated dock 6
platform is approximately 105 feet long and 18 feet wide. The structure will
be located within the boundaries of the existing fender piles. Type of Application:
U.S.A.C.E. permit application #10300(10) is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Trinity Field Services; Location: The project is located within
Sulfur Cut, a tributary of the Trinity River, approximately 4.5 miles north
of the I-10 bridge over the Trinity River. The location can be accessed from
a county road located 3.7 miles north from the intersection of FM 563 and
I-10 in Liberty and Chambers Counties, Texas. The project can be located on
the U.S.G.S. quadrangle map entitled Sulfur Cut, Texas. CCC Project No.: 01-0251-F1;
Description of Proposed Action: The applicant proposes to modify the depth
of the turning basin to -10 feet MLT. All transition zones would not be steeper
than a 4:1 slope. The sand sediment proposed to be dredged at the junction
of Sulfur Cut and the Trinity River would be placed back into the river system.
The area would be hydraulically dredged and the outlet pipe would be placed
on the river bottom to allow the natural sediment to move downstream. The
proposed bulkhead would be located from one to three feet in front of the
existing bulkhead and its length would be 95 feet. Type of Application: U.S.A.C.E.
permit application #22248 is being evaluated under §10 of the Rivers
and Harbors Act of 1899 (33 U.S.C.A. §403) and section 404 of the Clean
Water Act (33 U.S.C.A. §§125-1387).
Applicant: PANACO Production Company; Location: The project is located
in State Tract 73, in Trinity Bay, Chambers County, Texas. The project can
be located on the U.S.G.S. quadrangle map entitled Smith Point, Texas. Approximate
UTM Coordinates: Zone 15; Easting: 320200; Northing: 3273000. CCC Project
No.: 01-0252-F1; Description of Proposed Action: The applicant proposes to
drill and produce Well No. 6. If necessary, the drilling barge will be stabilized
with a shell pad. If the well is successful, a well protection structure,
a 40-foot by 30-foot production platform, and two 6-inch pipelines will be
installed. Type of Application: U.S.A.C.E. permit application #09219(16)/021
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Deferred Action: The CMP consistency finding for this project may be deferred
to the Railroad Commission of Texas which would then make the determination
under its 401 certification process.
Applicant: Sabco Operating Company; Location: The project is located in
State Tract 61 and 62 of Corpus Christi Bay, Nueces County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled Portland, Texas. Approximate
UTM Coordinates: Zone 14; Easting: 661691; Northing: 3075244. CCC Project
No.: 01-0253-F1; Description of Proposed Action: The applicant proposes to
relocate a drilling location and pipeline route to comply with a City of Corpus
Christi ordinance that requires all new oil field development structures be
located within 500 feet of any existing oil field development structures within
a State Tract. Type of Application: U.S.A.C.E. permit application #22174/005
is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and section 404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Deferred Action: The CMP consistency finding for this project may be deferred
to the Railroad Commission of Texas which would then make the determination
under its 401 certification process.
Applicant: Ballard Exploration Company, Inc.; Location: The project is
located adjacent to the Taylor Bayou Outfall Canal, approximately 4.5 miles
southwest of Port Arthur in Jefferson County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled Big Hill Bayou, Texas. Approximate
UTM Coordinates: Easting: 402200; Northing: 3301800. CCC Project No.: 01-0254-F1;
Description of Proposed Action: The applicant proposes to mechanically dredge
a side slip in order to place a drilling vessel on location to drill the Howell
Well No. 001. The slip will be 90 feet wide and 435 feet long. A total of
1.96 acres of marsh will be impacted by the dredge and fill activities. The
applicant also proposes to install 10 temporary three-pile clusters to moor
the drilling vessel and equipment barges. A wellhead protection structure,
8-feet by 16-feet, will be installed upon successful completion of the well.
Type of Application: U.S.A.C.E. permit application #22416 is being evaluated
under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403)
and section 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. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700
North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us.
Comments should be sent to Ms. Garcia at the above address or by fax at (512)
475-0680.
TRD-200104150
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: July 18, 2001
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 07/23/01 - 07/29/01 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 07/23/01 - 07/29/01 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 08/01/01
- 08/31/01 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 08/01/01
- 08/31/01 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-200104105
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 17, 2001
Application(s) for a Merger or Consolidation
Notice is given that the following application has been filed with the
Texas Credit Union Department and is under consideration:
An application was received from AGCO Employees Credit Union (Stafford)
seeking approval to merge with First Community Credit Union (Houston) with
the latter being the surviving credit union.
Comments or a request for a meeting by any interested party relating to
an application must be submitted in writing within 30 days from the date of
this publication. Any written comments must provide all information that the
interested party wishes the Department to consider in evaluating the application.
All information received will be weighed during consideration of the merits
of an application. Comments or a request for a meeting should be addressed
to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas
78752-1699.
TRD-200104148
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 18, 2001
Notice is given that the following applications have been filed with the
Credit Union Department and are under consideration:
An application was received from Southwest Heritage Credit Union, Odessa,
Texas to expand its field of membership. The proposal would permit persons
who live or work or are located in Ector County, Texas, to be eligible for
membership in the credit union.
An application was received from United Heritage Credit Union, Austin,
Texas to expand its field of membership. The proposal would permit employees
of Builder's Best, Inc. who work in or are paid from Jacksonville, 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
members of the International Union of Operating Engineers, Local Number 347,
Texas City, Texas who qualify for membership in accordance with their constitution
and bylaws, 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
members of the International Union of Operating Engineers, Local Number 450,
Texas City, Texas who qualify for membership in accordance with their constitution
and bylaws, 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
employees of Mundy Contract Maintenance, Inc., who work at Dow Chemical's
BASF Plant located at Freeport, 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
employees of Mundy Contract Maintenance, Inc., who work at the Dow Chemical
plant located at LaPorte, 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
county employees of Brazoria County, Texas, to be eligible for membership
in the credit union.
An application was received from Members Choice Credit Union, Houston,
Texas to expand its field of membership. The proposal would modify the exclusionary
language of their community field of membership provisions as follows: ...excluding
from membership persons eligible for primary membership in an occupation or
association based credit union with a membership of less than 20,000 members
at the time membership is sought and the credit union has a proprietary full
service office located within this specific geographic community as of the
date of this amendment.
An application was received from Star One Credit Union, Sunnyvale, California
to expand the field of membership of its branch office located in Austin,
Texas. The proposal would permit the employees and officials of Lattice Semiconductor
who work at or paid from or supervised from or headquartered in Austin, Texas
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-200104147
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 18, 2001
In accordance with the provisions of 7 TAC §91.103, the Credit Union
Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
OmniAmerican Credit Union, Fort Worth, Texas (#1) - See
Texas Register
issue dated May 25, 2001.
Cameron Credit Union, Houston, Texas - See
Texas
Register
issue dated May 25, 2001.
Port of Houston Credit Union, Houston, Texas - See
Texas Register
issue dated May 25, 2001.
Energy Capital Credit Union, Pasadena, Texas - See
Texas Register
issue dated May 25, 2001.
Star One Credit Union, Sunnyvale, California (3 Appls.) - See
Texas Register
issue dated April 27, 2001.
Application(s) for a Merger or Consolidation - Approved
First Energy Credit Union and Houston Energy Credit Union - See
Texas Register
issue dated March 30, 2001.
TRD-200104146
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 18, 2001
Notice of Award
The Texas Department of Criminal Justice hereby gives notice of a Contract
Award for the ER & Chapel Re-Roof, Gatesville Unit, Requisition Number:
696-FD-1-B036.
The Contract was awarded to All-Tex Roofing, Inc., Contract Number: 696-FD-1-1-C0168,
as a full award for a dollar amount of $98,850.
TRD-200104027
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: July 13, 2001
Request for Applications Concerning the School Repair and Renovation Grant
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-01- 027 from local education agencies
(LEAs) (i.e., public school districts and open-enrollment charter schools).
A public school district or an open-enrollment charter school may submit only
one application for this grant.
Description. School Repair and Renovation grant funds may be used to help
LEAs make urgently needed repairs or renovations to school buildings to ensure
the health and safety of students and school staff. These repairs and renovations
include repairing, replacing, or installing roofs, electrical wiring, plumbing
systems, or sewage systems; repairing, replacing, or installing heating, ventilation,
or air conditioning systems (including insulation); and bringing public schools
into compliance with fire and safety codes. In addition, School Repair and
Renovation funds may be used to comply with the Americans With Disabilities
Act (ADA) of 1990, §504 of the Rehabilitation Act of 1973, or for the
removal and/or abatement of asbestos. School Repair and Renovation funds may
also be used for the renovation, repair, and acquisition needs related to
the building infrastructure of a charter school. Permissible uses of funds
and critical information about supplementing/not supplanting are included
in the RFA. Prior to submitting an application, each applicant must comply
with certain public comment and private nonprofit school participation provisions.
Information about these requirements is also included in the RFA.
Dates of Project. Applicants should plan for a starting date of no earlier
than January 2, 2002, and an ending date of no later than June 30, 2003.
Project Amount. An eligible applicant may apply for not less than $10,000,
but not more than $1,000,000. Based on Fiscal Year 2000 Title 1 Part A funding
allotted to high poverty and rural LEAs in Texas, a directly corresponding
ratio of School Repair and Renovation grant funds will be awarded on a statewide
aggregate to high poverty and rural LEAs. Special consideration for these
grant funds will be given to open-enrollment charter schools.
Selection Criteria. Applications will be selected so that the funding requirements
of the Consolidated Appropriations Act (Public Law 106-554) are met. The selection
process will take into consideration the independent reviewers' assessment
of each application, the poverty level of the LEA per Title I Part A data
for Fiscal Year 2000, a district's wealth per weighted average daily attendance,
whether the LEA is rural, and whether the LEA is an open-enrollment charter
school. The TEA reserves the right to select from the highest-ranking applications
those that address all requirements in the RFA and that are most advantageous
to the project.
The TEA is not obligated to approve an application, provide funds, or endorse
any application submitted in response to this RFA. This RFA does not commit
TEA to pay any costs before an application is approved. The issuance of this
RFA does not obligate TEA to award a grant or pay any costs incurred in preparing
a response.
Requesting the Application. A complete copy of RFA # 701-01-027 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@tea.state.tx.us. Please refer to the RFA number and title in your request.
Provide your name, complete mailing address, and telephone number including
area code. The announcement letter and complete RFA will also be posted on
the TEA 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
the Ellsworth Schave, Director, School Improvement Initiatives Unit, TEA,
(512) 463-8525.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
September 20, 2001, to be considered for funding.
TRD-200104136
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Filed: July 18, 2001
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-01-023 from nonprofit organizations,
private companies, and regional education service centers to copy (i.e., emboss),
bind, and deliver Braille textbook copies of textbooks that are to be adopted
by the State Board of Education in November 2001 along with the ancillaries
accompanying these state-adopted textbooks. Additionally, contractors will
be responsible for copying and delivering Braille teacher editions of instructional
materials upon demand. Historically underutilized businesses (HUBs) are encouraged
to submit proposals.
Description. The purpose of this RFP is to ensure that Texas students receive
quality Braille textbooks, delivered on time, at an economical price.
The adopted textbooks and ancillaries to be copied, bound, and distributed
are arranged into four production packages of various sizes. These are designated
Copy Packages A, B, C, and D. A Braille producer may submit a proposal for
all four packages or any combination of the packages; however, the TEA reserves
the right to select the number of packages contracted to each applicant. For
example, all four packages could be awarded to one applicant or four applicants
could be awarded one package each or any combination thereof.
Dates of Project. All services and activities related to this proposal
will be conducted within specified dates. Proposers should plan for a starting
date of no earlier than January 7, 2002, and an ending date of no later than
August 31, 2008.
Project Amount. The project, consisting of all four production packages,
will receive funding at a level not to exceed $900,000 for the first year
and not to exceed $1.8 million for the entire period of adoption, normally
six years.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out all requirements contained in this RFP. The TEA
will base its selection on, among other things, the demonstrated competence
and qualifications of the proposer, demonstrated performance on past Braille
contracts between the proposer and the TEA, Braille production capacity of
the proposer, and upon the reasonableness of the proposed fee. The TEA reserves
the right to select from the highest-ranking proposals those that address
all requirements in the RFP and that are most advantageous to the project.
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 #701-01-023 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@tea.state.tx.us.
Please refer to the RFP number in your request. Provide your name, complete
mailing address, and telephone number including area code.
Further Information. For clarifying information about this RFP, contact
Charles E. Mayo, Division of Textbook Administration, TEA, 1701 North Congress
Avenue, Austin, Texas 78701-1494; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September
25, 2001, to be considered.
TRD-200104134
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Filed: July 18, 2001
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-01-022 from nonprofit organizations,
private companies, and regional education service centers to produce Braille
textbook masters of textbooks that are to be adopted by the State Board of
Education in November 2001 along with the ancillaries accompanying these state-adopted
textbooks. Contractors will be responsible for producing Braille masters of
additional instructional materials upon demand. Historically underutilized
businesses (HUBs) are encouraged to submit proposals.
Description. The purpose of this RFP is to ensure that Texas students receive
quality Braille textbooks, delivered on time, at an economical price.
The adopted textbooks and ancillaries to be brailled are arranged into
four production packages of various sizes. These are designated Master Packages
A, B, C, and D. A Braille producer may submit a proposal for all four packages
or any combination of the packages; however, the TEA reserves the right to
select the number of packages contracted to each applicant. For example, all
four packages could be awarded to one applicant or four applicants could be
awarded one package each or any combination thereof.
Proposers selected for contracts will be responsible for producing Braille
masters of instructional materials designated in this RFP. Contractors will
be responsible for producing Braille masters of additional instructional materials
upon request, including teacher editions.
Dates of Project. All services and activities related to this RFP will
be conducted within specified dates. Proposers should plan for a starting
date of no earlier than January 7, 2002, and an ending date of no later than
August 31, 2008.
Project Amount. The project's overall estimated cost, consisting of all
four production packages, will not exceed $1.5 million for the first year
and not exceed $2.5 million for the entire period of adoption, normally six
years.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out all requirements contained in this RFP. The TEA
will base its selection on, among other things, the demonstrated competence
and qualifications of the proposer, demonstrated performance on past Braille
contracts between the proposer and the TEA, Braille production capacity of
the proposer, and on the reasonableness of the proposed fee. The TEA reserves
the right to select from the highest-ranking proposals those that address
all requirements in the RFP and that are most advantageous to the project.
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 #701-01-022 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@tea.state.tx.us.
Please refer to the RFP number in your request. Provide your name, complete
mailing address, and telephone number including area code.
Further Information. For clarifying information about this RFP, contact
Charles E. Mayo, Division of Textbook Administration, TEA, 1701 North Congress
Avenue, Austin, Texas 78701-1494; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September
25, 2001, to be considered.
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-01-022 from nonprofit organizations,
private companies, and regional education service centers to produce Braille
textbook masters of textbooks that are to be adopted by the State Board of
Education in November 2001 along with the ancillaries accompanying these state-adopted
textbooks. Contractors will be responsible for producing Braille masters of
additional instructional materials upon demand. Historically underutilized
businesses (HUBs) are encouraged to submit proposals.
Description. The purpose of this RFP is to ensure that Texas students receive
quality Braille textbooks, delivered on time, at an economical price.
The adopted textbooks and ancillaries to be brailled are arranged into
four production packages of various sizes. These are designated Master Packages
A, B, C, and D. A Braille producer may submit a proposal for all four packages
or any combination of the packages; however, the TEA reserves the right to
select the number of packages contracted to each applicant. For example, all
four packages could be awarded to one applicant or four applicants could be
awarded one package each or any combination thereof.
Proposers selected for contracts will be responsible for producing Braille
masters of instructional materials designated in this RFP. Contractors will
be responsible for producing Braille masters of additional instructional materials
upon request, including teacher editions.
Dates of Project. All services and activities related to this RFP will
be conducted within specified dates. Proposers should plan for a starting
date of no earlier than January 7, 2002, and an ending date of no later than
August 31, 2008.
Project Amount. The project's overall estimated cost, consisting of all
four production packages, will not exceed $1.5 million for the first year
and not exceed $2.5 million for the entire period of adoption, normally six
years.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out all requirements contained in this RFP. The TEA
will base its selection on, among other things, the demonstrated competence
and qualifications of the proposer, demonstrated performance on past Braille
contracts between the proposer and the TEA, Braille production capacity of
the proposer, and on the reasonableness of the proposed fee. The TEA reserves
the right to select from the highest-ranking proposals those that address
all requirements in the RFP and that are most advantageous to the project.
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 #701-01-022 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@tea.state.tx.us.
Please refer to the RFP number in your request. Provide your name, complete
mailing address, and telephone number including area code.
Further Information. For clarifying information about this RFP, contact
Charles E. Mayo, Division of Textbook Administration, TEA, 1701 North Congress
Avenue, Austin, Texas 78701-1494; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September
25, 2001, to be considered.
TRD-200104133
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Filed: July 18, 2001
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-01-024 from nonprofit organizations,
private companies, and regional education service centers to produce large
type versions of textbooks that are to be adopted by the State Board of Education
in November 2001. Historically underutilized businesses (HUBs) are encouraged
to submit proposals.
Description. The purpose of this RFP is to ensure that Texas students receive
quality large type textbooks, delivered on time, at an economical price.
The proposer selected for the contract will be responsible for producing
large type versions of instructional materials designated in this RFP. The
adopted textbooks to be enlarged are arranged into a single production package.
Dates of Project. All services and activities related to this proposal
will be conducted within specified dates. Proposers should plan for a starting
date of no earlier than January 7, 2002, and an ending date of no later than
August 31, 2008.
Project Amount. One contractor will be selected to receive a maximum of
$1 million during the contract period.
Selection Criteria. Proposals will be selected based on the ability of
each proposer to carry out all requirements contained in this RFP. Proposers
will be asked to submit samples of their work. The TEA will base its selection
on, among other things, the demonstrated competence and qualifications of
the proposers. The TEA reserves the right to select from the highest-ranking
proposals those that address all requirements in this 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 #701-01-024 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@tea.state.tx.us.
Please refer to the RFP number in your request. Provide your name, complete
mailing address, and telephone number including area code.
Further Information. For clarifying information about this RFP, please
contact Charles E. Mayo, Division of Textbook Administration, TEA, 1701 N.
Congress Avenue, Austin, Texas 78701; telephone (512) 463-9601; e-mail cmayo@tea.state.tx.us.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, September
18, 2001, to be considered.
TRD-200104135
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Filed: July 18, 2001
Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals
under Request for Proposals (RFP) #701-01-029 from qualified investment management
companies to provide services to manage high yield fixed income portfolios.
Historically underutilized businesses (HUBs) are encouraged to submit a proposal.
Description. The purpose of this RFP is to solicit information that will
aid the State Board of Education (SBOE) in selecting an investment management
company to provide the following investment management services. The investment
management company will: (1) manage a discretionary investment of a domestic
high yield fixed income style portfolio for the Permanent School Fund (PSF),
with Salomon High Yield Cash Pay Index serving as the benchmark for this portfolio;
(2) discharge duties solely in the interests of the PSF's beneficiaries and
with the judgment, care, skill, prudence, and diligence that an expert would
use in a similar situation; and (3) adhere to all applicable sections of 19
Texas Administrative Code, Chapter 33, Statement of Investment Policy, Objectives,
and Guidelines; all applicable sections of the Investment Procedures Manual;
and all applicable state and federal laws.
Dates of Project. Proposers should plan for a starting date of no earlier
than September 7, 2001, or such time as the SBOE approves a contract. The
ending date of the contract will be subject to a 30-day cancellation clause.
Project Amount. The total amount of the contract is subject to a negotiated
bid.
Selection Criteria. A contract will be awarded based on an evaluation of
the proposer's ability to provide the requested services; the demonstrated
competence and qualifications of the proposer; and the reasonableness of the
proposed fee.
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 the TEA to pay any costs incurred before a contract is executed. The
issuance of this RFP does not obligate the TEA or the SBOE to award a contract
or pay any costs incurred in preparing a response.
Requesting the Proposal. A complete copy of RFP #701-01-029 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; by e-mailing dcc@tea.state.tx.us;
or by accessing the TEA website at http://www.tea.state.tx.us/grant/announcement/grants2.cgi
under the "Grants Available" drop-down menu. Please refer to the RFP number
in your request.
Further Information. For clarifying information about the RFP, contact
Paul Ballard, Texas Permanent School Fund, Texas Education Agency, (512) 463-9169.
Deadline for Receipt of Proposals. Proposals must be received in the Document
Control Center of the Texas Education Agency by 5:00 p.m. (Central Time),
Tuesday, August 7, 2001, to be considered.
TRD-200104137
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Filed: July 18, 2001
Licensing Actions for Radioactive Materials
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TRD-200104140
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: July 18, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Brownwood Regional Hospital (registrant-R01329) of Brownwood to cease and
desist performing chest (PA) (Non-Grid) procedures with the Fischer x-ray
unit (Model Number RME325; Serial Number 1-03- 96-706) at its Rising Star
location until the exposure at skin entrance is within regulatory limits.
The bureau determined that continued radiation exposure to patients in excess
of that required to produce a diagnostic image constitutes an immediate threat
to public health and safety, and the existence of an emergency. The order
will remain in effect until the bureau authorizes the registrant to perform
the procedure.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200104126
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 17, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Denton Prescription Shop, Inc., doing business as Community Pharmacy (registrant-R25083)
of Denton to cease and desist performing bone density screening until approval
has been obtained from the bureau. The bureau determined that conducting a
bone density screening program without prior approval and operating without
approved criteria for selecting persons eligible for screening may expose
members of the public to unnecessary radiation. This constitutes an immediate
threat to public health and safety, and the existence of an emergency. The
order will remain in effect until the bureau authorizes the registrant to
perform the screening program.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200104124
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 17, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Walter N. Gaman, M.D., doing business as Healthcare Associates of Irving,
L.L.P. (registrant-R17503) of Irving to cease and desist performing cardiac
healing arts screening until approval has been obtained from the bureau. The
bureau determined that conducting a cardiac screening program without prior
approval and operating without approved criteria for selecting persons eligible
for screening may expose members of the public to unnecessary radiation. This
constitutes an immediate threat to public health and safety, and the existence
of an emergency. The order will remain in effect until the bureau authorizes
the registrant to perform the screening program.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200104125
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 17, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Ray Roquemore and Allen Inspection Service (licensee-L03003, expired) of Odessa
to immediately allow bureau representatives to impound all sources of radiation
located at Adcock Pipe and Supply in Alice. The bureau determined that continued
unauthorized possession of sources of radiation, without assurances that the
sources will be properly secured and handled, is a potential threat to public
health and safety.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200104122
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 17, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau), Texas
Department of Health (department), issued a notice of violation and proposal
to assess an administrative penalty to ACD-SA Limited (registrant-R24088)
of Austin. A total penalty of $5,000 is proposed to be assessed to the registrant
for an alleged violation of 25 Texas Administrative Code, §289.226.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200104127
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 17, 2001
A public hearing will be held by the Texas Department of Health (department)
on July 30, 2001, at 1:30 P.M. in the Lecture Hall (Room K-100) of Texas Department
of Health, 1100 West 49th Street, Austin, Texas 78756, to accept comments
in regard to the proposed rule relating to the deinstitutionalization of children
from nursing facilities into the MDCP. The proposed amendment for 25 Texas
Administrative Code, §34.3, was published in the July 13, 2001, issue
of the
Texas Register
(26 TexReg 5197).
Additional comments will be accepted by the department at the public hearing
held on July 30, 2001. Questions or additional information may be directed
to Lori Roberts, Acting Program Director, MDCP, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, Ext. 6472.
TRD-200104138
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 18, 2001
The Texas Department of Health, having duly filed a complaint pursuant
to 25 Texas Administrative Code, §289.205, has revoked the following
industrial radiographer identification card: Steve Cagle, c/o Technical Welding
Laboratory, Inc., Pasadena, Texas, Industrial Radiographer Identification
Card audit number 000455, July 10, 2001.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200104123
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 17, 2001
Purpose
The Texas Department of Health (department), HIV/STD Health Resources Division,
is requesting proposals to conduct prevention activities to help prevent infection
and reduce the transmission of hepatitis C virus (HCV) and other blood borne
pathogens. This is a competitive Request for Proposals (RFP) process. Criteria
for the award of the projects will be published in the RFP.
Major project activities must include:
(1) individual-level counseling for persons at risk of HIV/STD/Viral Hepatitis
infection due to individual sexual behavior, drug use, or other risk behaviors;
(2) confidential HCV testing program with referrals to other testing and
treatment services as appropriate. Testing for HCV will be provided only to
persons recognized as high-risk for HCV infection; and
(3) referral for persons at high risk for HCV infection and persons with
HCV infection, including substance abuse treatment, medical care, mental health
services, support groups, and other relevant services.
Eligibility
Applicants must be current providers of department-funded HIV prevention
counseling and partner elicitation services.
Funding Available
Approximately $476,000 in state funds is expected to be available. The
department expects to fund one or more projects in each of the 11 public health
regions with a 12-month budget. The average budget amounts will range from
$31,000 to 43,000. The specific dollar amount to be awarded will depend upon
the merit and scope of the proposed project.
Contact Information
Interested parties may obtain a copy of the RFP at the website: http://www.tdh.state.tx.us/hivstd/grants/default.htm;
or, contact Laura Ramos at 512/490-2525 or by e-mail at laura.ramos@tdh.state.tx.us.
No copies of the RFP will be released prior to August 20, 2001. Proposals
will be due October 22, 2001. Request document number 0025.
TRD-200104139
Susan Steeg
General Counsel
Texas Department of Health
Filed: July 18, 2001
Notice of Public Hearing
The Texas Health and Human Services Commission (HHSC) and the Texas Interagency
Council on Early Childhood Intervention (ECI) will conduct a joint public
hearing to receive public comment on proposed payment rates for ECI Developmental
Rehabilitation Services. The joint hearing will be held in compliance with
1 T.A.C. §355.105(g), which requires public hearings on proposed payment
rates for medical assistance programs. The public hearing will be held on
August 17, 2001, at 1:30 PM, Central Time, in Room 1430 at the Brown-Heatly
Building, at 4900 North Lamar, Austin, Texas. Written comments regarding the
payment rate set by the Health & Human Services Commission may be submitted
in lieu of testimony until 5:00 PM the day of the hearing. Written comments
may be delivered by U.S. mail or express delivery to the attention of Ms.
Barbara Tejero, Texas Health and Human Services Commission, P.O. Box 13247,
Austin, Texas 78711. Hand deliveries will be accepted at 4900 North Lamar
Boulevard, Fourth Floor, Austin, Texas 78751. Alternatively, written comments
may be delivered via facsimile to Ms. Tejero at (512) 424-6586. Interested
parties may request to have a briefing package with information concerning
the proposed payment rates mailed to them, or they may pick up a briefing
package on or after August 6, 2001 by contacting Glenn Hart, Texas Interagency
Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Austin,
Texas 78751, (512) 424-6830, Fax: (512) 424-6834, or e-mail at Glenn.Hart@eci.state.tx.us.
Persons with disabilities who wish to attend the hearing and require auxiliary
aids or services should contact Glenn Hart, Texas Interagency Council on Early
Childhood Intervention, 4900 North Lamar Boulevard, Austin, Texas 78751, at
(512) 424-6830, Fax: (512) 424-6834, or e-mail at Glenn.Hart@eci.state.tx.us.,by
August 10, 2001, so that appropriate arrangements can be made.
TRD-200104143
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Filed: July 18, 2001
Notice of Administrative Hearing
Manufactured Housing Division
Thursday, August 2, 2001, 1:00 p.m.
State Office of Administrative Hearings, Stephen F. Austin Building, 1700
N Congress, 11th Floor, Suite 1100
Austin, Texas
AGENDA
Administrative Hearing before an administrative law judge of the State
Office of Administrative Hearings in the matter of the complaint of the Texas
Department of Housing and Community Affairs vs. Henry L. Van Zyl regarding
denial of a license pursuant to Sections 7(j)(8) and 7(k) of the Act and Section
80.123(j) of the Rules. SOAH 332-01-3396. Department MHD2001001618RH.
Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512)
475-2894, jschroed@tdhca.state.tx.us
TRD-200104023
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs Manufactured Housing
Division
Filed: July 12, 2001
On or about October 1, 2001, the Texas Department of Housing and Community
Affairs (TDHCA) anticipates receiving federal funds to continue the operation
of certain programs that assist very low-income Texans. The Department is
now in the process of deciding how these funds will be used and is seeking
the input of groups affected by these programs and/or other interested citizens.
As part of the public information consultation and public hearing requirements
for the Low Income Home Energy Assistance Program, the Community Affairs Division
of the Texas Department of Housing and Community Affairs (TDHCA) will conduct
one public hearing. The primary purpose of the hearing is to solicit comments
on the proposed use and distribution of federal fiscal year (FFY) 2002 funds
provided under the Low Income Home Energy Assistance Program (LIHEAP). LIHEAP
provides funding for the Weatherization Assistance Program (WAP) and the Comprehensive
Energy Assistance Program (CEAP).
The public hearing has been scheduled as follows:
Thursday, August 16, 2001, 2:00 p.m. in Room #1 at the Carver Library,
1161 Angelina Street, Austin, Texas.
A representative from TDHCA will be present to explain the planning process
and receive comments from interested citizens and affected groups regarding
the proposed plan. A copy of the Intended Use Report may be obtained by contacting
the Texas Department of Housing and Community Affairs, Energy Assistance Section,
P. O. Box 13941, Austin, Texas 78711-3941. A copy of the report may also be
accessed through TDHCA's web site at www.tdhca.state.tx.us. For questions,
contact the Energy Assistance Section, Community Affairs Division at (512)
475-1435.
Comments on the intended use of funds may be in the form of written comments
or oral testimony at the public hearing. Written comments must be received
no later than the close of business at 5:00 p.m. on August 22, 2001. Comments
concerning the Intended Use Report may be submitted to Lolly Caballero at
TDHCA using the address provided above, or via the internet using lcaballe@tdhca.state.tx.us,
or by fax to (512) 475-3935. If you have any questions regarding the public
hearing process or any of the programs referenced above, please contact the
Energy Assistance Section at (512) 475-1435.
Individuals who require auxiliary aids or services for this meeting should
contact Ms. Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989
at least two days before the meeting so that appropriate arrangements can
be made.
TRD-200104113
Daisy Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 17, 2001
Announcement of Available Funds and Request for Proposals
SUMMARY:
The Texas Department of Human Services
(DHS) is pleased to announce the availability of funding for outreach, referral,
and social services for individuals who have been granted asylum under Refugee
Social Service funds from the federal Office of Refugee Resettlement (ORR)
in the Department of Health and Human Services. The Code of Federal Regulations
(CFR) 45, Parts 400 and 401, give the state the authority to contract with
public and private agencies for the provision of refugee social services.
In Texas, DHS is the single state agency responsible for the administration
of the Refugee Social Services program. Within DHS, the Office of Immigration
and Refugee Affairs is the entity responsible for the direct management of
the Refugee Social Services program.
The refugee program provides service through local contracts in areas of
the state with the largest number of refugee arrivals: Amarillo, Austin, Dallas,
Fort Worth, Houston, and San Antonio. Funds under this announcement are available
to these areas, and also to El Paso and Rio Grande Valley areas in the amount
of $215, 956 for outreach and referral services and social services for asylees.
Funds will be awarded on a competitive basis to public and private agencies
that can demonstrate the greatest aptitude for effectively serving the target
population: persons granted asylum to the United States under Section 208
of the Immigration and Nationality Act (INA). Eligible persons must possess
original Immigration and Naturalization services (INS) documents that verify
status.
APPLICATION DEADLINE:
Five copies of the
proposal(s) must be mailed or delivered, not faxed or electronically mailed,
to: Mfon Ekpo, DHS, 701 W. 51st Street, P.O. Box 149030, Mail Code W-623,
Austin, Texas 78714-9030. Proposals must be received no later than 5:00 p.m.
CDT on August 31, 2001. Proposals received after this date/time, faxed or
electronically mailed, will not be considered.
PROPOSAL EVALUATION AND FUNDING AWARD:
The
final selection of contractors shall be made by representatives of the Office
of Immigration and Refugee Affairs, in accordance with applicable state and
federal laws. The evaluation criteria and scores for each are contained on
the Request for Proposal (RFP) document. A copy of the RFP will be sent to
you upon written request submitted to Mfon Ekpo at the address listed above.
TRD-200104115
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: July 17, 2001
The Texas Department of Human Services (DHS) has published a report outlining
the proposed intended use of federal block grant funds during fiscal year
2002 for Title XX social services programs administered by the Texas Department
of Human Services, the Texas Department of Health, the Texas Department of
Protective and Regulatory Services, the Texas Department of Mental Health
and Mental Retardation, Texas Education Agency, the Texas Workforce Commission,
and the Texas Interagency Council on Early Childhood Intervention.
To obtain free copies of the report, send written requests to Chris Traylor,
Government Relations Division, Mail Code W-623, DHS, P.O. Box 149030, Austin,
Texas 78714-9030. DHS is seeking written comments from representatives of
both public and private sectors regarding the proposed use of Title XX block
grant funds. Written comments will be accepted for 30 days. Please mail comments
to the address listed previously.
TRD-200104116
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: July 17, 2001
Insurer Services
Application for admission to the State of Texas by Service Insurance Company,
a foreign Fire and/or Casualty company. The Home office is in Bradenton, Florida.
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-200104141
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: July 18, 2001
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Liberty Mutual Fire Insurance Company
proposing to use rates for private passenger automobile insurance 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).
The Company is requesting the following flex percent of +30% for Bodily Injury,
Property Damage, Personal Injury Protection, Medical Payments, and Uninsured
Motorists, and +56% for Comprehensive and Collision coverages for their LibertyGuard
Personal Automobile Policy program. This overall rate change is +8.1%.
Copies of the filing may be obtained by contacting George Russell, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 305-7468.
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 by August 10, 2001.
TRD-200104092
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: July 16, 2001
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Liberty Insurance Corporation proposing
to use rates for private passenger automobile insurance 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). The Company
is requesting the following flex percent of +30% for Uninsured Motorists;
+95.4% for Bodily Injury, Property Damage, Personal Injury Protection, and
Medical Payments; and +130.8% for Comprehensive and Collision coverages for
their LibertyGuard Personal Automobile Policy program. This overall rate change
is +14.6%.
Copies of the filing may be obtained by contacting George Russell, at the
Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104,
Austin, Texas 78714-9104, telephone (512) 305-7468.
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 by August 10, 2001.
TRD-200104093
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: July 16, 2001
Instant Game No. 262 "Yellow Rose of Texas"
1.0 Name and Style of Game.
A. The name of Instant Game No. 262 is "YELLOW ROSE OF TEXAS". The play
style is a "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 262 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 262.
A. Display Printing - That area of the instant game ticket outside of the
area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols
on the front of the ticket.
C. Play Symbol - One of the symbols which appears under the Latex Overprint
on the front of the ticket. Each Play Symbol is printed in Symbol font in
black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, $1.00, $2.00,
$4.00, $5.00, $10.00, $20.00, $50.00, $100, $300, $1,000, $3,000, $20,000
and ROSE SYMBOL.
D. Play Symbol Caption - the small printed material appearing below each
Play Symbol which explains the Play Symbol. One and only one of these Play
Symbol Captions appears under each Play Symbol and each is printed in caption
font in black ink in positive. The Play Symbol Caption which corresponds with
and verifies each Play Symbol is as follows:
Table 1 of this section Figure 1:16 TAC GAME NO. 262 - 1.2D
E. Retailer Validation Code - Three small letters found under the removable
scratch-off covering in the play area, which retailers use to verify and validate
instant winners. The possible validation codes are:
Table 2 of this section. Figure 2:16 TAC GAME NO. 262 - 1.2E
Low-tier winning tickets use the required codes listed in Figure 2:16.
Non-winning tickets and high-tier tickets use a non-required combination of
the required codes listed in Figure 2:16 with the exception of ∅, which
will only appear on low-tier winners and will always have a slash through
it.
F. Serial Number - A unique 13 digit number appearing under the latex scratch-off
covering on the front of the ticket. There is a four (4) digit security number
which will be boxed and placed randomly within the Serial Number. The remaining
nine (9) digits of the Serial Number are the Validation Number. The Serial
Number is positioned beneath the bottom row of play data in the scratched-off
play area. The format will be : 0000000000000.
G. Low-Tier Prize - A prize of $2.00, $4.00, $8.00, $10.00, or $20.00.
H. Mid-Tier Prize - A prize of $50.00, $100, or $300.
I. High-Tier Prize - A prize of $3,000 or $20,000.
J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which
will include a three (3) digit game ID, the seven (7) digit pack number, the
three (3) digit ticket number and the nine (9) digit Validation Number. The
bar code appears on the back of the ticket.
K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the
three (3) digit game number (262), a seven (7) digit pack number, and a three
(3) digit ticket number. Ticket numbers start with 000 and end with 249 within
each pack. The format will be: 262-0000001-000.
L. Pack - A pack of "YELLOW ROSE OF TEXAS" Instant Game tickets contain
250 tickets, which are packed in plastic shrink-wrapping and fanfolded in
pages of two (2). Tickets 000-001 will be on the top page. Tickets 002-003
will be on the next page and so forth and ticket 248-249 will be on the last
page.
M. Non-Winning Ticket - A ticket which is not programmed to be a winning
ticket or a ticket that does not meet all of the requirements of these Game
Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and
applicable rules adopted by the Texas Lottery pursuant to the State Lottery
Act and referenced in 16 TAC, Chapter 401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "YELLOW
ROSE OF TEXAS" Instant Game No. 262 ticket.
2.0 Determination of Prize Winners. The determination of prize winners
is subject to the general ticket validation requirements set forth in Texas
Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements
set out on the back of each instant ticket. A prize winner in the "YELLOW
ROSE OF TEXAS" Instant Game is determined once the latex on the ticket is
scratched off to expose 22 (twenty two) play symbols. If any of the player's
YOUR NUMBERS match either LUCKY NUMBER, the player will win the PRIZE shown
for that number. If the player gets a ROSE SYMBOL, the player will win that
prize automatically. No portion of the display printing nor any extraneous
matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 22 (twenty two) Play Symbols must appear under the latex overprint
on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully
legible;
4. Each of the Play Symbols must be printed in black ink;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must
be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes,
to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered,
unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized
manner;
11. The ticket must not have been stolen, nor appear on any list of omitted
tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket
Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty
two) Play Symbols under the latex overprint on the front portion of the ticket,
exactly one Serial Number, exactly one Retailer Validation Code, and exactly
one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with
the Texas Lottery's Serial Numbers for winning tickets, and a ticket with
that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective
or printed or produced in error;
16. Each of the 22 (twenty two) Play Symbols must be exactly one of those
described in Section 1.2.C of these Game Procedures.
17. Each of the 22 (twenty two) Play Symbols on the ticket must be printed
in the Symbol font and must correspond precisely to the artwork on file at
the Texas Lottery; the ticket Serial Numbers must be printed in the Serial
font and must correspond precisely to the artwork on file at the Texas Lottery;
and the Pack-Ticket Number must be printed in the Pack-Ticket Number font
and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect
and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable
deadlines.
B. The ticket must pass all additional validation tests provided for in
these Game Procedures, the Texas Lottery's Rules governing the award of prizes
of the amount to be validated, and any confidential validation and security
tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However, the Executive
Director may, solely at the Executive Director's discretion, refund the retail
sales price of the ticket. In the event a defective ticket is purchased, the
only responsibility or liability of the Texas Lottery shall be to replace
the defective ticket with another unplayed ticket in that Instant Game (or
a ticket of equivalent sales price from any other current Instant Lottery
game) or refund the retail sales price of the ticket, solely at the Executive
Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play data, spot
for spot..
B. No duplicate non-winning Your Number play symbols on a ticket.
C. No duplicate non-winning prize symbols on a ticket .
D. No duplicate Lucky Number symbols on a ticket.
E. The auto win symbol will never appear more than once on a ticket.
F. The auto win symbol will appear only on intended winning tickets.
2.3 Procedure for Claiming Prizes.
A. To claim a "YELLOW ROSE OF TEXAS" Instant Game prize of $2.00, $4.00,
$8.00, $10.00, $20.00, $50.00, $100, or $300, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the winning
ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify
the claim and, if valid, and upon presentation of proper identification, make
payment of the amount due the claimant and physically void the ticket; provided
that the Texas Lottery Retailer may, but is not, in some cases, required to
pay a $50.00, $100, or $300 ticket. In the event the Texas Lottery Retailer
cannot verify the claim, the Texas Lottery Retailer shall provide the claimant
with a claim form and instruct the claimant on how to file a claim with the
Texas Lottery. If the claim is validated by the Texas Lottery, a check shall
be forwarded to the claimant in the amount due. In the event the claim is
not validated, the claim shall be denied and the claimant shall be notified
promptly. A claimant may also claim any of the above prizes under the procedure
described in Section 2.3.B and 2.3.C of these Game Procedures.
B. To claim a "YELLOW ROSE OF TEXAS" Instant Game prize of $3,000 or $20,000,
the claimant must sign the winning ticket and present it at one of the Texas
Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment
will be made to the bearer of the validated winning ticket for that prize
upon presentation of proper identification. When paying a prize of $600 or
more, the Texas Lottery shall file the appropriate income reporting form with
the Internal Revenue Service (IRS) and shall withhold federal income tax at
a rate set by the IRS if required. In the event that the claim is not validated
by the Texas Lottery, the claim shall be denied and the claimant shall be
notified promptly.
C. As an alternative method of claiming a "YELLOW ROSE OF TEXAS" Instant
Game prize, the claimant must sign the winning ticket, thoroughly complete
a claim form, and mail both to: Texas Lottery Commission, Post Office Box
16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with
the claimant. In the event that the claim is not validated by the Texas Lottery,
the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery
shall deduct a sufficient amount from the winnings of a person who has been
finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller,
the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected
by the Attorney General; or
3. delinquent in reimbursing the Texas Department of Human Services for
a benefit granted in error under the food stamp program or the program of
financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code
F. If a person is indebted or owes delinquent taxes to the State, other
than those specified in the preceding paragraph, the winnings of a person
shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment
of the prize pending a final determination by the Executive Director, under
any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur,
regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented
for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant pending
payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of
18 years is entitled to a cash prize of less than $600 from the "YELLOW ROSE
OF TEXAS" Instant Game, the Texas Lottery shall deliver to an adult member
of the minor's family or the minor's guardian a check or warrant in the amount
of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of
more than $600 from the "YELLOW ROSE OF TEXAS" Instant Game, the Texas Lottery
shall deposit the amount of the prize in a custodial bank account, with an
adult member of the minor's family or the minor's guardian serving as custodian
for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed
within 180 days following the end of the Instant Game. Any prize not claimed
within that period, and in the manner specified in these Game Procedures and
on the back of each ticket, shall be forfeited.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an
Instant Game ticket in the space designated therefor, a ticket shall be owned
by the physical possessor of said ticket. When a signature is placed on the
back of the ticket in the space designated therefor, the player whose signature
appears in that area shall be the owner of the ticket and shall be entitled
to any prize attributable thereto. Notwithstanding any name or names submitted
on a claim form, the Executive Director shall make payment to the player whose
signature appears on the back of the ticket in the space designated therefor.
If more than one name appears on the back of the ticket, the Executive Director
will require that one of those players whose name appears thereon be designated
by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant
Game tickets and shall not be required to pay on a lost or stolen Instant
Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 20,359,250
tickets in the Instant Game No. 262. The approximate number and value of prizes
in the game are as follows:
Table 3 of this section Figure 3:16 TAC GAME NO. 262- 4.0
A. The actual number of tickets in the game may be increased or decreased
at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce
a closing date (end date) for the Instant Game No. 262 without advance notice,
at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees
to comply with, and abide by, these Game Procedures for Instant Game No. 262,
the State Lottery Act (Texas Government Code, Chapter 466), applicable rules
adopted by the Texas Lottery pursuant to the State Lottery Act and referenced
in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-200104103
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 16, 2001
Extension of Comment Period
In the June 8, 2001 issue of the
Texas Register
, the Texas Natural Resource Conservation Commission (commission) published
proposed amendments to 30 TAC Chapter 39, Public Notice; and 30 TAC Chapter
305, Consolidated Permits (26 TexReg 4019, 26 TexReg 4042). The preamble to
the proposal stated that the commission must receive all written comments
by 5:00 p.m., July 9, 2001. The commission has extended the deadline for receipt
of written comments to 5:00 p.m., August 17, 2001 for this proposal.
Written comments should be mailed to Joyce Spencer, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087,
or faxed to (512) 239-4808. For further information on the proposed revisions,
please contact Hector Mendieta at (512) 239-6694. Copies of the proposed amendments
can be obtained from the commission's Web Site at
www.tnrcc.state.tx.us/oprd/rules/propadop.html
.
TRD-200104111
Ramon Dasch
Acting Division Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 17, 2001
AGENCIES: Texas Natural Resource Conservation Commission (commission),
Texas Parks and Wildlife Department (TPWD), Texas General Land Office (GLO),
United States Department of the Interior (DOI), and National Oceanic and Atmospheric
Administration (NOAA) (hereafter, Trustees).
ACTION: Notice of the finalization of the Restoration Plan and Environmental
Assessment (RP/EA) for ecological injuries and service losses associated with
the Tex Tin Corporation Superfund Site (Site).
SUMMARY: Notice is hereby given that a document entitled "Restoration Plan
and Environmental Assessment for the Tex Tin Corporation Superfund Site, Texas
City, Galveston County, Texas" is finalized. This document has been prepared
by the state and federal natural resource trustee agencies listed above to
address natural resource injuries and resource services losses of an ecological
nature attributable to releases of hazardous substances from the Tex Tin Corporation
Superfund Site (Site). The RP/EA presents the Trustees' assessment of the
natural resource injuries and service losses attributable to the Site and
their plan to compensate for those losses by restoring ecological resources
and services.
To receive a copy of the final RP/EA, interested members of the public
are invited to contact Richard Seiler, Texas Natural Resource Conservation
Commission, Remediation Division, MC 142, P.O. Box 13087, Austin, Texas 78711-3087,
(512) 239-2523 or (512) 239-4814 (fax).
SUPPLEMENTARY INFORMATION: The Site is located in Texas City, Galveston
County, Texas and encompasses areas of releases of hazardous substances from
the Site due to previous industrial activities there. The United States Government,
acting through now defunct wartime agencies, commissioned the construction
of a tin smelting plant at the Site in support of World War II activities.
The plant was operated under government contract between 1941 and 1956. Wah
Chang Corporation bought the plant in 1957 and operated the tin smelter for
11 years. Teledyne Corporation purchased Wah Chang Corporation in 1967. In
1968, Teledyne sold the smelter to Fred H. Lenway Corporation, which sold
the eastern portion of the Site to Amoco Chemical Company in 1969. Gulf Chemical
and Metallurgical Company purchased the smelting plant from Lenway in 1970.
In 1978, Associated Metals and Minerals Corporation purchased Gulf Chemical.
The portion of the Site controlled by Associated Metals and Minerals Corporation
was acquired by Tex Tin Corporation in 1985. Tex Tin Corporation continued
operations at the Site into the early 1990s.
At various times, industrial activities at the Site have included tin ore
processing, acid recovery operations, heavy metals recovery, copper washing
operations using ammonia, secondary copper smelting, land filling of low-level
radioactive materials, and still bottom and waste oil recovery. The Tex Tin
smelter complex included a processing area, a small power-generation station,
fuel oil tanks, acid tanks, five wastewater treatment ponds, several large
abandoned acid ponds, a ferric chloride pond, and numerous slag piles and
drums.
The trace metals of aluminum, antimony, arsenic, barium, beryllium, cadmium,
chromium, cobalt, copper, iron, lead, manganese, mercury, nickel, silver,
tin, vanadium, and zinc are the primary contaminants at the Site. Polycyclic
aromatic hydrocarbons, volatile and semivolatile organic compounds, and polychlorinated
biphenyls have been detected at the Site but not at levels as high relative
to the level of contamination of trace metals.
TPWD, GLO, NOAA, DOI and the commission are designated natural resource
trustees under §107(f) of the Comprehensive Environmental Response, Compensation,
and Liability Act, 42 USC §9607(f); §311 of the Federal Water Pollution
and Control Act, 33 USC §1321; and other applicable federal or state
laws, including Subpart G of the National Oil and Hazardous Substances Pollution
Contingency Plan, 40 CFR §§300.600 - 300.615. The Trustees are authorized
to act on behalf of the public under these authorities to protect and restore
natural resources injured or lost as a result of discharges or releases of
hazardous substances.
Paralleling the Remedial Investigation/Feasability Study process for the
Site conducted by the United States Environmental Protection Agency (EPA),
the Trustees undertook an assessment of the natural resource injuries and
service losses attributable to hazardous substances at the Site. The assessment
focused on natural resource injuries or services losses of an ecological nature
caused by the hazardous substances at the Site based on known contamination
and anticipated response actions.
The RP/EA released today identifies the information and methods used to
define the natural resource injuries and losses of an ecological nature, including
the scale of restoration actions, and identifies the restoration actions which
are preferred for use to restore, replace, or acquire resources or services
equivalent to those lost. The document also includes an evaluation of the
resource injuries and remaining ecological losses, including their corresponding
restoration requirements, based on EPA's anticipated final remedy.
For further information, contact Richard Seiler at (512) 239-2523 or email
TRD-200104031
Ramon Dasch
Acting Division Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 13, 2001
The Texas Natural Resource Conservation Commission (TNRCC or Commission)
has made available for public comment a draft implementation plan concerning
the following legacy pollutants: chlordane, DDE, and toxaphene in the Arroyo
Colorado above tidal and polychlorinated biphenyls (PCBs) in the Donna Canal
and Reservoir System. Both water bodies are located in the Lower Rio Grande
Valley, in South Texas. The TNRCC will also conduct a non-adjudicatory public
hearing to receive comments on the implementation plan.
The Arroyo Colorado above tidal and the Donna Canal and Reservoir system
are included in the State of Texas Clean Water Act, §303(d), List of
impaired water bodies. As required by §303(d) of the federal Clean Water
Act, Total Maximum Daily Loads (TMDLs) were developed for chlordane, DDE,
toxaphene, and PCBs. The TMDLs were adopted by the Commission on January 17,
2001 as updates to the State Water Quality Management Plan. Upon adoption
by the Commission, the TMDLs were submitted to the United States Environmental
Protection Agency for review and approval.
A non-adjudicatory public hearing will be held in Weslaco, on August 23,
2001, at 7:00 p.m., at the Weslaco Public Library in the Meeting Room, located
at 525 South Kansas Avenue. Individuals may present oral statements when called
upon in order of registration. Open discussion will not occur during the hearing;
however, an agency staff member will be available to discuss the matter 30
minutes prior to the hearing and will answer questions before and after the
hearing. The purpose of the public hearing is to provide the public an opportunity
to comment on the proposed plan. The Commission requests comment on each of
the six major components of the implementation plan: description of Control
Actions and Management Measures, Legal Authority, Implementation Schedule,
Follow-up Monitoring Plan, Reasonable Assurance, and Measurable Outcomes.
After the public comment period, TNRCC staff may revise the implementation
plan, if appropriate. The final implementation plan will then be considered
for approval by the Commission. Upon approval of the implementation plan by
the Commission, the final implementation plan and a response to public comments
will be made available on the TNRCC web site at
http://www.tnrcc.state.tx.us/water/quality/tmdl
. The implementation
plan is a flexible tool that the governmental and non-governmental agencies
involved in TMDL implementation will use to guide their program management.
Written comments should be submitted to Joyce Spencer, Texas Natural Resource
Conservation Commission, Office of Environmental Policy, Analysis, and Assessment,
MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808.
All comments must be received by 5:00 p.m., August 27, 2001, and should reference
2001-0631-TML. For further information regarding this proposed TMDL implementation
plan, please contact Roger Miranda, Office of Environmental Policy, Analysis,
and Assessment, at (512) 239-6278. Copies of the document summarizing the
proposed TMDL implementation plan can be obtained via the Commission's web
site listed above, or by calling Joyce Spencer at (512) 239-5017.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-200104110
Ramon Dasch
Acting Division Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 17, 2001
In accordance with the requirements of Texas Government Code, Chapter 2001,
Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or
commission) will conduct a public hearing to receive comments concerning amendments
to 30 TAC Chapter 39, Public Notice, and 30 TAC Chapter 305, Consolidated
Permits. The proposed amendments were published in the June 8, 2001 issue
of the
Texas Register
(26 TexReg 4019, 26
TexReg 4042).
The proposed revisions to Chapter 39 pertain to requirements and procedures
for notification of property owners adjacent to a municipal solid waste landfill
or processing facility when a modification to the permit or registration is
requested by the permit or registration holder. The proposed revisions to
Chapter 305 consist of the repeal of the existing rule concerning Municipal
Solid Waste Class I Modifications and its replacement with a new rule identifying
more specifically the changes which can be made to permits and registrations
through the modification process and which ones would require notification
to adjacent property owners.
A public hearing on these proposals will be held in Austin on August 17,
2001 at 10:00 a.m. at the commission's central office, Building E, Room 201S,
located at 12100 Park 35 Circle. The hearing will be structured for the receipt
of oral or written comments by interested persons. Individuals may present
oral statements when called upon in order of registration. There will be no
open discussion during the hearing; however, an agency staff member will be
available to discuss the proposal 30 minutes prior to the hearing and will
answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Written comments may be submitted to Joyce Spencer, MC-205, TNRCC, Office
of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin,
Texas 78711-3087, or by fax to (512) 239- 4808. All comments should reference
Rule Log Number 1997-186-305-WS. Comments must be received by 5:00 p.m., August
17, 2001. For further information, please contact Hector Mendieta, Policy
and Regulations Division, (512) 239-6694.
TRD-200104112
Ramon Dasch
Acting Division Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 17, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
is required under the Texas Solid Waste Disposal Act, Health and Safety Code,
Chapter 361, as amended (the Act), to annually publish a state registry that
identifies facilities that may constitute an imminent and substantial endangerment
to public health and safety or the environment due to a release or threatened
release of hazardous substances into the environment. The most recent registry
listing of these facilities was published in the May 18, 2001 issue of the
Pursuant to §361.184(a), the commission must publish a notice of intent
to list a facility on the state registry of state Superfund sites in the
This publication also specifies the general nature of the potential endangerment
to public health and safety or the environment as determined by information
currently available to the executive director. This notice of intent to list
this facility was also published on July 27, 2001, in the
Corsicana Daily Sun
.
The facility proposed for listing is the Melton Kelly Property, located
on County Road 3250, near Chatfield, Navarro County, Texas. The geographic
coordinates of the site are 32 degrees 17 minutes 13 seconds North Latitude
and 96 degrees 22 minutes 12 seconds West Longitude. The description of the
site (release) is based on information available at the time the site was
evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening
guide used by the TNRCC to evaluate potential, relative risk to public health
and the environment from releases or threatened releases of hazardous substances.
The description may change as additional information is gathered on the sources
and extent of contamination.
The Melton Kelly Property Site (Site) is located in a rural, agricultural
area, approximately four miles northeast of Chatfield, Texas. The site is
located on a 46-acre tract of pastureland and consists of three identifiable
burn areas that were used for metal salvage operations. On or before February
1, 1994, salvage material (insulated copper wire, tubing, electrical parts,
switches, and circuit cards, etc.) was transported to the site, placed in
piles, and burned using automobile tires to ignite the debris. Recoverable
metals were removed from the ash piles and presumably sold for salvage value.
Remaining scrap and ash-like wastes were left in place.
In April 1999, the TNRCC conducted a Screening Site Inspection (SSI) sampling
event at the Site. The primary objective of this event was to document the
release(s) or potential release(s) of hazardous substances from the Site to
the shallow groundwater in the area and surface waters flowing from the Site.
During the SSI, five composite soil/sediment samples were collected from the
three burn areas to assess remaining soil contamination. The sampling results
showed high levels of inorganics, semi-volatiles, and pesticides in the surface
and sediment soils.
A public meeting will be held on Thursday, August 30, 2001, at 7:00 p.m.
at the Chatfield Community Center, located in the community of Chatfield on
FM 1603 approximately 5-1/2 miles east of IH-45. The purpose of this meeting
is to obtain additional information regarding the Site relative to its eligibility
for listing on the state registry, identify additional potentially responsible
parties, and obtain public input and information regarding the appropriate
use of land on which the facility subject of this notice is located. The public
meeting will be legislative in nature and not a contested case hearing under
the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting must be received
by 5:00 p.m. August 30, 2001, and should be sent in writing to Alvie L. Nichols,
Texas Natural Resource Conservation Commission, Superfund Cleanup Section,
Remediation Division, MC-143, P. O. Box 13087, Austin, Texas, 78711- 3087.
The public comment period for this action will end at the close of the public
meeting of August 30, 2001.
The executive director of the TNRCC prepared a brief summary of the commission's
records regarding this Site. This summary and a portion of the records for
this Site, including documents pertinent to the executive director's determination
of eligibility, are available for review at the Corsicana Public Library,
100 North 12th Street, Corsicana, Texas 75110; at (903) 654-4810, during regular
business hours. Copies of the complete public record file may be obtained
during regular business hours at the TNRCC Records Management Center, Building
D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; at (800) 633-9363
or (512) 239-2920. Photocopying of file information is subject to payment
of a fee. Handicapped parking is available on the east side of Building D,
convenient to access ramps that are between Buildings D and E.
TRD-200104002
Ramon Dasch
Acting Division Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 12, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
has made available for public comment a draft Total Maximum Daily Load (TMDL)
concerning dissolved oxygen in Salado Creek, Bexar County. Texas is required
to develop TMDLs for impaired water bodies under §303(d) of the 1972
Federal Clean Water Act. A TMDL is a detailed water quality assessment that
provides the scientific foundation to allocate pollutant loads to restore
and maintain an impaired water body's designated uses.
The TNRCC will conduct a non-adjudicatory public hearing on this TMDL in
San Antonio, Texas, on August 23, 2001, at 7:00 p.m., at the San Antonio River
Authority, Board Room, 100 E. Gunther. The purpose of the public hearing is
to provide the public an opportunity to comment on this proposed TMDL. The
commission requests comment on each of the six major components of the TMDL:
Problem Definition, Endpoint Identification, Source Analysis, Linkage Between
Sources and Receiving Waters, Margin of Safety, and Loading Allocations. Individuals
may present oral statements when called upon in order of registration. Open
discussion will not occur during the hearing; however, an agency staff member
will be available to discuss the matter 30 minutes prior to the hearing and
after the hearing. After the public comment period closes, TNRCC staff may
revise the TMDL, if appropriate. The final TMDL will then be brought to the
commission for adoption. Upon adoption of the TMDL by the commission, the
final TMDL and a response to all comments will be made available on the TNRCC
Web Site referenced below. This TMDL will then be submitted to the Environmental
Protection Agency Region 6 for approval as an update to the State of Texas
Water Quality Management Plan.
Written comments should be submitted to Patricia Durón, TNRCC Office
of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087,
Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments must be
received by 5:00 p.m., August 27, 2001, and should reference Rule Log Number
2001-0784-TML. For further information regarding this proposed TMDL, please
contact Arthur Talley, Office of Environmental Policy, Analysis, and Assessment,
(512) 239-4546. Copies of the document summarizing this proposed TMDL can
be obtained via the commission's web site at
http://www.tnrcc.state.tx.us/water/quality/tmdl
, or by calling Patricia Durón, at (512) 239-6087.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-200104106
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 17, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
has made available for public comment a draft implementation plan concerning
chlordane in fish tissue in portions of Clear Creek in Harris, Galveston,
Fort Bend, and Brazoria Counties, Texas. The TNRCC will also conduct a non-adjudicatory
public hearing to receive comments on the implementation plan.
Portions of the tidal and above tidal segments of Clear Creek are included
in the State of Texas Clean Water Act, §303(d), List of impaired water
bodies. As required by §303(d) of the federal Clean Water Act, Total
Maximum Daily Loads (TMDLs) were developed for chlordane. The TMDLs were adopted
by the commission on January 17, 2001 as updates to the State Water Quality
Management Plan. Upon adoption by the commission, the TMDLs were submitted
to the Environmental Protection Agency for review and approval.
A non-adjudicatory public hearing will be held in Friendswood, on August
14, 2001, at 7:00 p.m., at the City Council Chambers, First Floor, 910 South
Friendswood Drive. Individuals may present oral statements when called upon
in order of registration. Open discussion will not occur during the hearing;
however, an agency staff member will be available to discuss the matter 30
minutes prior to the hearing and will answer questions before and after the
hearing. The purpose of the public hearing is to provide the public an opportunity
to comment on the proposed plan. The commission requests comment on each of
the six major components of the implementation plan: description of Control
Actions and Management Measures, Legal Authority, Implementation Schedule,
Follow-up Monitoring Plan, Reasonable Assurance, and Measurable Outcomes.
After the public comment period, TNRCC staff may revise the implementation
plan, if appropriate. The final implementation plan will then be considered
for approval by the commission. Upon approval of the implementation plan by
the commission, the final implementation plan and a response to public comments
will be made available on the TNRCC web site at
http://www.tnrcc.state.tx.us/water/quality/tmdl
. The implementation
plan is a flexible tool that the governmental and non-governmental agencies
involved in TMDL implementation will use to guide their program management.
Written comments should be submitted to Patricia Durón, Texas Natural
Resource Conservation Commission, Office of Environmental Policy, Analysis,
and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed
to (512) 239-4808. All comments must be received by 5:00 p.m., August 27,
2001, and should reference 2001-0783-TML. For further information regarding
this proposed TMDL implementation plan, please contact Roger Miranda, Office
of Environmental Policy, Analysis, and Assessment, at (512) 239-6278. Copies
of the document summarizing the proposed TMDL implementation plan can be obtained
via the commission's web site or by calling Patricia Durón at (512)
239-6087.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-200104081
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 16, 2001
The Texas Natural Resource Conservation Commission (commission) has made
available for public comment a draft implementation plan concerning volatile
organic compounds (VOCs) in fish tissue in portions of Clear Creek in Harris,
Galveston, Fort Bend, and Brazoria Counties, Texas. The commission will also
conduct a non-adjudicatory public hearing to receive comments on the implementation
plan.
Portions of the tidal and above tidal segments of Clear Creek are included
in the State of Texas Clean Water Act, §303(d), List of impaired water
bodies. As required by the federal Clean Water Act, §303(d), total maximum
daily loads (TMDLs) were developed for two VOCs (1,2-dichloroethane and 1,1,2-trichloroethane).
The TMDLs were adopted by the commission on February 9, 2001, as updates to
the State Water Quality Management Plan. Upon adoption by the commission,
the TMDLs were submitted to United States Environmental Protection Agency
for review and approval.
A non-adjudicatory public hearing will be held in Friendswood, Texas on
August 21, 2001, at 7:00 p.m., at the City Council Chambers, First Floor,
910 South Friendswood Drive. Individuals may present oral statements when
called upon in order of registration. Open discussion will not occur during
the hearing; however, an agency staff member will be available to discuss
the matter 30 minutes prior to the hearing and will answer questions before
and after the hearing. The purpose of the public hearing is to provide the
public an opportunity to comment on the proposed plan. The commission requests
comment on each of the six major components of the implementation plan: description
of control actions and management measures, legal authority, implementation
schedule, follow-up monitoring plan, reasonable assurance, and measurable
outcomes. After the public comment period, commission staff may revise the
implementation plan, if appropriate. The final implementation plan will then
be considered for approval by the commission. Upon approval of the implementation
plan by the commission, the final implementation plan and a response to public
comments will be made available on the commission's web site at
http://www.tnrcc.state.tx.us/water/quality/tmdl
. The implementation
plan is a flexible tool that the governmental and non-governmental agencies
involved in TMDL implementation will use to guide their program management.
Comments should be submitted to Angela Slupe, Texas Natural Resource Conservation
Commission, Office of Environmental Policy, Analysis, and Assessment, MC 205,
P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All
comments must be received by 5:00 p.m., August 27, 2001, and should reference
2001-0720-TML. For further information regarding this proposed TMDL implementation
plan, please contact Roger Miranda, Office of Environmental Policy, Analysis,
and Assessment, at (512) 239-6278. Copies of the document summarizing the
proposed TMDL implementation plan can be obtained via the commission's web
site or by calling Angela Slupe at (512) 239-4712.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the meeting should contact the agency at
(512) 239-4900. Requests should be made as far in advance as possible.
TRD-200104107
Ramon Dasch
Acting Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 17, 2001
The following notices were issued during the period of July 5, 2001 through
July 13, 2001.
The following require the applicants to publish notice in the newspaper.
The public comment period, requests for public meetings, or requests for a
contested case hearing may be submitted to the Office of the Chief Clerk,
Mail Code 105, PO Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE
DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.
CITY OF AMARILLO has applied to the Texas Natural Resource Conservation
Commission (TNRCC) for a renewal of TNRCC Permit No. 10392-003, which authorizes
the discharge of treated domestic wastewater at an annual average flow not
to exceed 12,000,000 gallons per day. Authorization for land application of
sewage sludge and land disposal of treated effluent have been removed from
the draft permit. The facility is located approximately 4 miles east-southeast
of the intersection of State Highway Spur 335 (Hollywood Road) and Farm-to-Market
Road 1541 (Washington Street) in Randall County, Texas.
CALPINE CORPORATION has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 04040, to authorize the discharge
of cooling tower blowdown, previously monitored effluents (low volume waste
sources) and stormwater at a daily average flow not to exceed 1,500,000 gallons
per day via Outfall 001. The applicant proposes to operate an electric power
plant. The plant site is located at the southwest corner of the intersection
of McColl Road and State Highway 1925 (Monte Cristo Road) approximately three
miles northwest of the City of Edinburg, Hidalgo County, Texas.
DIOCESE OF GALVESTON-HOUSTON has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. 14218-001, to authorize
the discharge of treated domestic wastewater at a daily average flow not to
exceed 15,000 gallons per day. The facility is located approximately 7 miles
southeast of the intersection of Farm-to-Market Road 1488 and State Highway
249 in Montgomery County, Texas.
THE DAVID AND BARBARA GREEN 1993 DYNASTY TRUST for a renewal of Permit
No. 10835-001, which authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 100,000 gallons per day via surface
irrigation of 38 acres of non-publicly accessible land planted with coastal
Bermuda grass. The facility and disposal site are located approximately 0.5
mile north of U.S. Highway 80 and 2 miles east of the eastern intersection
of U.S. Highway 80 and State Highway 155 in Upshur County, Texas.
CITY OF JACKSONVILLE has applied for a renewal of TPDES Permit No. 10693-001,
which authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 1,000,000 gallons per day. The facility is located
on Canada Street, southeast of the crossing of Ragsdale Creek by Canada Street,
southeast of the City of Jacksonville in Cherokee County, Texas.
CITY OF LINDALE has applied for a renewal of TNRCC Permit No. 10412-002,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 72,000 gallons per day. The facility is located adjacent
to Highway 20 approximately 0.9 mile west of the intersection of Highway 20
and County Road 463 in Smith County, Texas.
CITY OF MATHIS has applied for a renewal of TPDES Permit No. 10015-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 947,000 gallons per day. The current permit also authorizes
the disposal of treated domestic wastewater via irrigation of 120 acres. The
facility is located approximately 1.25 miles northwest of the intersection
of State Highway Spur 198 and Farm-to-Market Road 1068, along the access road
northwest extension of San Patricio Avenue in the City of Mathis in San Patricio
County, Texas.
NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TNRCC
Permit No. 13788- 001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 30,000 gallons per day. The
facility is located at the western end of Terry Lane in the City of Heath
in Rockwall County, Texas.
ST. FRANCIS VILLAGE, INC. has applied for a renewal of TPDES Permit No.
10612-001, which authorizes the discharge of treated domestic wastewater at
a daily average flow not to exceed 49,000 gallons per day. The facility is
located approximately 1 mile north of Rock Creek Park and approximately 2.5
miles south of Benbrook Dam in Tarrant County, Texas. The treated effluent
is discharged to Benbrook Lake in Segment No. 0830 of the Trinity River Basin.
CITY OF SKELLYTOWN has applied for a major amendment to TNRCC Permit No.
10283-001 to change the method of disposal of treated domestic wastewater
from discharge to irrigation on 28.5 acres of nonpublic access pastureland.
The current permit authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 75,000 gallons per day. The applicant
requested the monitoring frequency be reduced from once per week to once per
month. The draft permit authorizes a monitoring frequency of once per month
upon commencement of irrigation on 28.5 acres of nonpublic access pastureland.
The facility and effluent disposal site are located approximately 0.25 mile
west of State Highway 152 at a point approximately 1.0 mile northwest of the
intersection of Farm-to-Market Road 294 and State Highway 152 in Carson County,
Texas.
TEXAS YOUTH COMMISSION has applied for a renewal of TPDES Permit No. 10651-001,
which authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 24,000 gallons per day. The current permit authorizes the
land application of sewage sludge for beneficial use on 6.5 acres. The facility
and the sludge disposal site are located adjacent to the south side of Farm-to-Market
Road 433 and approximately 2.3 miles east of Farm-to-Market Road 2074 in Wilbarger
County, Texas.
TRINITY INDUSTRIES, INC. has applied for a renewal of TNRCC Permit No.
03582, which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 8,750 gallons per day. The draft permit,
which is a domestic wastewater permit, Permit No. 14249-001, authorizes the
discharge of treated domestic wastewater at a daily average flow not to exceed
8,750 gallons per day. The plant site is located approximately 1,900 feet
southeast of the intersection of U.S. Highway 80 and County Road 3438 in Harrison
County, Texas.
CITY OF VAN has applied for a renewal of TPDES Permit No. 10376-001, which
authorizes the discharge of treated domestic wastewater at a daily average
flow not to exceed 600,000 gallons per day. The facility is located immediately
north of Interstate Highway 20 and on the west side of Big Sandy Creek approximately
1 mile east of the intersection of Interstate Highway 20 and Farm-to-Market
Road 314 in Van Zandt County, Texas.
TOWN OF VAN HORN has applied for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. 14241-001, to authorize the
discharge of treated domestic wastewater at a daily average flow not to exceed
405,000 gallons per day. The proposed permit would also authorize the disposal
of treated domestic wastewater via irrigation of 45 acres of a golf course.
The facility is located approximately 1 mile southeast of the intersection
of U.S. Highway 10 and U.S. Highway 90 in Culberson County, Texas. The disposal
site is located approximately 4,000 feet southwest of the intersection of
U.S. highway 10 and U.S. Highway 90 in Culberson County, Texas.
VOPAK INDUSTRIAL SERVICES USA INC. which operates a rail car cleaning operation
and a commercial waste disposal facility, has applied for a major amendment
to TNRCC Permit No. 01731 to authorize recalculating the effluent limitations
using new critical conditions based on the diffuser installed at Outfall 001,
the use of an ion- adjustment protocol for the 24-hour toxicity testing at
Outfall 001, replacing the mass-based effluent limitations with concentration-based
limitations at Outfall 001, and reducing the permitted effluent flow from
a daily average flow not to exceed 604,000 gallons per day to a daily average
flow not to exceed 300,000 gallons per day via Outfall 001. The current permit
authorizes the discharge of treated process water and storm water at a daily
average flow not to exceed 604,000 gallons per day via Outfall 001. The facility
is located at 2759 Battleground Road, in the City of Deer Park, Harris County,
Texas.
Written comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information section
above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.
The Texas Natural Resource Conservation Commission (TNRCC) has initiated
a minor modification of the Permit No. 10653-002 issued to the CITY OF TYLER
to revise the Other Requirements and biomonitoring language of the existing
permit. The facility is located 1.5 miles northwest of the intersection of
U.S. Highway 69 and Farm-to-Market Road 2813, approximately 3.4 miles south-southwest
of the intersection of State Loop 323 and U.S. Highway 69 in Smith County,
Texas.
Concentrated Animal Feeding Operation
Written comments and requests for a public meeting may be submitted to
the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION
OF THIS NOTICE.
EDWIN DEBOER has applied for a new TPDES Registration No. 4303 to authorize
the applicant to operate a new dairy at a maximum capacity of 750 head in
Hopkins County, Texas. No discharge of pollutants into the waters in the state
is authorized by this registration except under chronic or catastrophic rainfall
conditions. The proposed facility will be located on the west side of State
Highway 19, 7 miles south of the intersection of Interstate Highway 30 and
State Highway 19, in Hopkins County, Texas.
WELDON DEWITT AND BRODIE KOON have applied for a new Registration No. 04232
to authorize the applicant to operate a new dairy at a maximum capacity of
400 head in Hopkins County, Texas. No discharge of pollutants into the waters
in the state is authorized by this registration except under chronic or catastrophic
rainfall conditions. The proposed facility will be located from the intersection
of Interstate Highway 30 and State Highway 19 in Sulphur Springs, Texas 10
miles south on State Highway 19 to it's intersection with County Road 1165,
1 mile east on County Road 1165 to the dairy which is on the north side of
the highway in Hopkins County, Texas.
TRD-200104131
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: July 17, 2001
The State Office Administrative Hearing issued a Proposal for Decision
and Order to the Texas Natural Resource Conservation Commission on July 9,
2001 Executive Director of the Texas Natural Resource Conservation Commission,
Petitioner v. The Kirk Company, Bobby Glen Burrows and Margarito Trujillo,
Jr.; Respondent; SOAH Docket No.582-01-2649; TNRCC Docket No.1999-0736-MSW-E.
In the matter to be considered by the Texas Natural Resource Conservation
Commission on a date and time to be determined by the Chief Clerk's Office
in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting
is Notice of Opportunity to Comment on the Proposal for Decision and Order.
The comment period will end 30 days from date of publication. Written public
comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC
PO Box 13087 Austin, Texas 78711-3087. If you have any questions or need assistance,
please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.
TRD-200104152
Douglas A. Kitts
Agenda Coordinator
Texas Natural Resource Conservation Commission
Filed: July 18, 2001
Maintenance Management Services For Total Routine Maintenance
The following invitation to bid for providing maintenance management services
for total routine maintenance is filed under the provisions of The Texas Transportation
Code, Chapter 366.003(11).
The North Texas Tollway Authority (NTTA) is soliciting interest in bidding
on the maintenance management services required to perform all work required
to maintain the President George Bush Turnpike (PGBT) and its appurtenances,
including, but not limited to, mainlanes, ramps, islands, medians, attenuators,
signs and parking lots for a period of five (5) years. This includes all maintenance
and repair required to insure the turnpike is kept in its designed and constructed
or updated condition; and all operational items of work to insure the turnpike
functions as intended. The precise limits are the PGBT right-of-way from IH
35 to Brand Road and Belt Line Road to IH 635 including additive alternates
for the routine maintenance of the mainlane and ramp toll plazas in Dallas,
Collin and Denton Counties.
Questions concerning the Invitation To Bid shall be directed to James D.
Pace, Director of Maintenance, NTTA, (214) 461-2000.
Each interested firm that is prequalified to bid by the Texas Department
of Transportation may request an Invitation To Bid in writing from the NTTA,
P. O. Box 260729, Plano, Texas 75026. The receipt of bids will be at 5900
W. Plano Parkway, Suite 100, Plano, Texas 75093 by 2:00 p.m. CDST on August
20, 2001.
A mandatory prebid meeting will be held on August 9, 2001 at 1:30 p.m.
CDST in the NTTA offices at the above address.
TRD-200104142
Katharine D. Nees
Deputy Executive Director
North Texas Tollway Authority
Filed: July 18, 2001
Public Notice Concerning Medicaid State Plan Amendment
The Texas Department of Protective and Regulatory Services (PRS) will submit
an amendment to the Texas Medicaid State Plan regarding the rate determination
methodology for Targeted Case Management for Individuals Receiving Services
from the Department of Protective and Regulatory Services. The amendment will
delete the quarterly adjustment to the rate and its prospective application
to Medicaid claims. PRS is making this change because its improved computer
system makes it no longer necessary to utilize the adjustment and prospective
application process. It is estimated that there will be no increase or decrease
in annual aggregate expenditures because of this change. For a copy of the
amendment, contact a local PRS office or Beth Cody, Finance Department, PRS,
at P.O. Box 149030; Mail Code E-669; Austin, Texas, 78714-9030; Telephone:
(512) 438-3351; Fax: (512) 438-4853. Written comments may also be submitted
to this address.
TRD-200104128
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: July 17, 2001
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On July 9, 2001, Go-Comm, 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 60137.
Applicant intends to remove the resale-only restriction.
The Application: Application of Go-Comm, Inc. for an Amendment to its Service
Provider Certificate of Operating Authority, Docket Number 24366.
Persons with questions about this docket, or who wish to intervene or otherwise
participate in these proceedings should make appropriate filings or comments
to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326
no later than August 1, 2001. You may contact the commission's Customer Protection
Division 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 24366.
TRD-200103992
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2001
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission) on July 13, 2001 for designation as an eligible
telecommunications carrier under 47 U.S.C. §214(e).
Docket Title and Number: Application of FEC Communications, L.L.P. for
Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to 47
U.S.C. §214(e) and P.U.C. Substantive Rule §26.418. Docket Number
24386.
The Application: Under 47 U.S.C. §214(e), a common carrier designated
as an ETC in accordance with that subsection shall be eligible to receive
federal universal service support under 47 U.S.C. §254. FEC Communications,
L.L.P. (FEC) is requesting ETC designation in order to be eligible to receive
federal universal service support in the Caddo Mills, Forney, Josephine, Nevada,
Rockwall, Royce City, Terrell and Wylie exchanges in the state of Texas. FEC
is requesting an effective date of August 27, 2001. FEC holds Service Provider
Certificate of Operating Authority Number 60318.
Persons who wish to comment on this application should notify the Public
Utility Commission of Texas by August 13, 2001. Requests for further information
should be mailed to the Public Utility Commission of Texas, 1701 North Congress
Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's
Customer Protection Division 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 (800) 735-2989 to reach the
commission's toll free number (888) 782-8477. The deadline for comment is
August 13, 2001, and all correspondence should refer to Docket Number 24386.
TRD-200104118
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2001
Notice is given to the public of an application filed with the Public Utility
Commission of Texas (commission) on July 13, 2001, for designation as an eligible
telecommunications provider pursuant to P.U.C. Substantive Rule §26.417.
Docket Title and Number: Application of FEC Communications, L.L.P. for
Designation as an Eligible Telecommunications Provider (ETP) Pursuant to P.U.C.
Substantive Rule §26.417. Docket Number 24387.
The Application: FEC Communications, L.L.P. (FEC) is requesting ETP designation
in order to be eligible to receive funds from the Texas Universal Service
Fund (TUSF) under the Texas High Cost Universal Service Plan (THCUSP). FEC
seeks ETP designation in the Caddo Mills, Forney, Josephine, Nevada, Rockwall,
Royce City, Terrell and Wylie exchanges in the state of Texas. FEC is requesting
an effective date of August 27, 2001. FEC holds Service Provider Certificate
of Operating Authority Number 60318.
Persons who wish to comment on this application should notify the Public
Utility Commission of Texas by August 13, 2001. Requests for further information
should be mailed to the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or you may call the commission's Customer Protection
Division 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. The deadline for comment is August 13, 2001, and
all correspondence should refer to Docket Number 24387.
TRD-200104119
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 11, 2001, 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 Texas Am-Tel, I, LP. for a Service
Provider Certificate of Operating Authority, Docket Number 24308 before the
Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service.
Applicant's requested SPCOA geographic area includes the area served by
all incumbent local exchange companies throughout the state of Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than August 1, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200104003
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 12, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 9, 2001, 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 Gateway Communications, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number 24367
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL,
SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame
Relay, Fractional T1, long distance, and wireless services.
Applicant's requested SPCOA geographic area includes the geographic area
of Texas currently served by Southwestern Bell Telephone Company, Verizon
Southwest, Inc., United Telephone Company of Texas, Inc., and Central Telephone
Company of Texas, doing business as Sprint.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than August 1, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200103993
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 10, 2001, 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 Grande River Telecom, L.P. for
a Service Provider Certificate of Operating Authority, Docket Number 24374
before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, ADSL, HDSL, SDSL,
RADSL, VDSL, Optical Services, T1-Private Line, Frame Relay, Fractional T1,
long distance, wireless and ATM 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, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than August 1, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200104004
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 12, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on June 27, 2001, for waiver of the
requirements of P.U.C. Substantive Rule §26.54(b)(3), One-Party Line
Service and Voice Band Data.
Docket Title and Number: Application of Valor Telecommunications of Texas,
LP for Waiver of Requirements in P.U.C. Substantive Rule §26.54(b)(3).
Docket Number 23733.
The Application: Valor Telecommunications of Texas, LP. (Valor or the company)
seeks waiver of the requirement that by the end of 2002 it shall provide all
subscribers a minimum transmission speed of at least 14,400 bits of data per
second (14.4 kbps) on all switched voice circuits when connected through an
industry standard modem or facsimile machine. Valor requests the commission
to waive the 14.4 kbps requirement for an unspecified number of customers,
or 3.32% of its total access lines, spread throughout six exchanges: Detroit,
Pecos, Fort Hancock, Centerville, Aspermont and Sun Ray, all of which are
served through equipment that does not meet the data speed required under
P.U.C. Substantive Rule §26.54(b). Valor anticipates that it will be
able to upgrade the remaining access lines by year end 2003.
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 Customer Protection Division at (512) 936-7120. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136. All comments should reference Docket Number
23733.
TRD-200104079
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application on July 11, 2001, for waiver of the
limitation on energy efficiency incentive payments imposed by P.U.C. Substantive
Rule §25.181(h)(3).
Docket Title and Number: Application of West Texas Utilities Company for
Waiver of the Limitation on Energy Efficiency Incentive Payment Under P.U.C.
Substantive Rule §25.181(h)(3). Docket Number 23865.
The Application: On July 11, 2001, West Texas Utilities Company (WTU),
a subsidiary of American Electric Power Company, Inc., filed a second motion
for waiver of the limitation on energy efficiency incentive payments imposed
by P.U.C. Substantive Rule §25.181(h)(3). Previously in this proceeding,
the commission issued Order No. 2 on April 18, 2001, which granted WTU a waiver
of the limitation on energy efficiency incentive payments with respect to
WTU's plans for a project with Sempra Energy. WTU is now requesting a more
comprehensive, non energy service company specific waiver of the limitation
on incentive payments for all funds earmarked for the 2001 incentive budget.
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 Customer Protection Division at (512) 936-7120 or
toll free at 1-888-782-8477. Hearing and speech-impaired individuals with
text telephones (TTY) may contact the commission at (512) 936-7136. All comments
should reference Docket Number 23865.
TRD-200104114
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on July 6, 2001, pursuant to
P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208 for
approval to remove obsolete equipment no longer in service.
Tariff Title and Number: Application of Verizon Southwest - TXG, General
Exchange Tariff to Remove Obsolete Equipment for 9-1-1 Tariff Pursuant to
P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208. Tariff
Number 24231.
The Application: GTE Southwest Inc. doing business as Verizon Southwest
(Verizon) filed tariff revisions to Schedule A-12, 9-1-1, Emergency Telephone
Service, General Exchange Tariff, that would remove obsolete equipment no
longer in service.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the commission's Customer Protection Division
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
24231.
TRD-200104005
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 12, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application filed on July 6, 2001, pursuant to
P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208 for
approval to remove obsolete equipment no longer in service.
Tariff Title and Number: Application of Verizon Southwest - TXG, General
Exchange Tariff to Remove Obsolete Equipment for 9-1-1 Tariff Pursuant to
P.U.C. Substantive Rule §26.207 and Substantive Rule §26.208. Tariff
Number 24232.
The Application: GTE Southwest Inc. doing business as Verizon Southwest
(Verizon) filed tariff revisions to Section 46, Features and Associated Equipment
for Provision of Emergency Number Service (911) of General Exchange Tariff
that would remove obsolete equipment no longer in service.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact the Public Utility Commission of Texas, P.O. Box 13326,
Austin, Texas 78711-3326, or call the commission's Customer Protection Division
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
24232.
TRD-200104006
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 12, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (P.U.C. or commission) of an application filed on July 12, 2001,
for a certificate of convenience for a proposed transmission line in Harris
and Waller Counties pursuant to P.U.C. Substantive Rule §25.101(c)(1)(C), §§14.001,
37.051, 37.054, 37.056 and 37.057 of the Public Utility Regulatory Act, Texas
Utilities Code Annotated (Vernon 1998 & Supplement 2001) (PURA). A summary
of the application follows:
Docket Style and Number: Application of the Lower Colorado River Authority
and the LCRA Transmission Services Corporation (collectively LCRA) to Amend
its Certificate of Convenience and Necessity for Proposed 138 kV Transmission
Line in Harris and Waller Counties, Docket Number 24380.
The Application: LCRA stated in its application that the proposed 138 kV
transmission line (approximately 12 miles in length) between the San Bernard
Electric Cooperative (SBEC) Macedonia substation and the Reliant Energy HL&P
(REHL&P) tie out of the Hockley substation is needed to: (1) satisfy LCRA's
obligation to meet SBEC's reliability and dependability needs in accordance
with LCRA's Transmission Planning Criteria; and (2) help relieve transmission
constraints on exporting power out of the Houston area by relieving projected
overloads of transmission facilities by generation additions in the Houston
area. Pursuant to P.U.C. Substantive Rule §25.101(c)(4), the commission
must render a decision approving or denying an application for a certificate
within one year of the date of filing of a complete application for such certificate.
However, if the application is uncontested, pursuant to P.U.C. Substantive
Rule §25.101(c)(5)(C), the application shall be approved administratively
within 80 days from the date of filing a complete application.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division 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.
The commission should receive a letter requesting intervention on or before
the intervention deadline.
TRD-200104095
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a petition on June 6, 2001, for expanded local calling
service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility
Regulatory Act (PURA). A summary of the application follows.
Project Title and Number: Petition of the Scotland Exchange for Expanded
Local Calling Service, Project Number 24224.
The petitioners in the Scotland Exchange request ELCS to the exchanges
of Archer City, Bluegrove, Bowie, Holliday and Henrietta.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
call the commission's Customer Protection Division at (512) 936-7120 no later
than August 1, 2001. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-200104101
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2001
On July 6, 2001, Southwestern Bell Telephone Company and Wes-Tex Telecommunications,
doing business as Westex Telecom, collectively referred to as applicants,
filed a joint application for approval of amendment to an existing interconnection
agreement under Section 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 &
Supplement 2001) (PURA). The joint application has been designated Docket
Number 24361. 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
24361. 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 August 9, 2001, 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 Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 24361.
TRD-200103994
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2001
On July 6, 2001, Southwestern Bell Telephone Company and El Paso Networks,
LLC, collectively referred to as applicants, filed a joint application for
approval of amendment to an existing interconnection agreement under Section
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 & Supplement 2001) (PURA).
The joint application has been designated Docket Number 24363. 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
24363. 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 August 9, 2001, 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 Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 24363.
TRD-200103995
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission), of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.215.
Docket Title and Number. Southwestern Bell Telephone Company's Application
for Approval of LRIC Study for Centrex/Plexar Routed Numbers Optional Feature
Service Pursuant to P.U.C. Substantive Rule §26.215 on July 12, 2001,
Docket Number 24337.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24337. Written comments or recommendations should be filed no
later than 45 days after the date of sufficiency and should be filed at the
Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box
13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200104129
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission), of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.215.
Docket Title and Number. Verizon Southwest's Application for Approval of
LRIC Study for Directory Services Pursuant to P.U.C. Substantive Rule §26.215
on or about July 24, 2001, Docket Number 24382.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24382. Written comments or recommendations should be filed no
later than 45 days after the date of sufficiency and should be filed at the
Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711-3326. You may call the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200104094
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of a long run incremental cost (LRIC) study pursuant
to P.U.C. Substantive Rule §26.215.
Docket Title and Number. Verizon Southwest's Application for Approval of
LRIC Study for Late Payment Charge Pursuant to P.U.C. Substantive Rule §26.215
on or about July 26, 2001, Docket Number 24388.
Any party that demonstrates a justiciable interest may file with the administrative
law judge, written comments or recommendations concerning the LRIC study referencing
Docket Number 24388. Written comments or recommendations should be filed no
later than 45 days after the date of sufficiency and should be filed at the
Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box
13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection
Division at (512) 936-7120. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200104130
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2001
On July 16, 2001, Southwestern Bell Telephone Company and Now Communications,
Inc., collectively referred to as applicants, filed a joint application for
approval of interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60
(Vernon 1998 & Supplement 2001) (PURA). The joint application has been
designated Docket Number 24390. 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 24390. 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 August 16, 2001,
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 Customer Protection Division at (512) 936-7120 or toll
free at 1-888-782-8477. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136. All correspondence
should refer to Docket Number 24390.
TRD-200104149
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 18, 2001
The staff of the Public Utility Commission of Texas (commission) will hold
a workshop regarding the provision of advanced services by electing companies,
certificate of operating authority (COA) or service provider certificate of
operating authority (SPCOA) holders on Thursday, August 16, 2001, 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 21175,
Rulemaking to Address the Provision
of Advanced Services by Electing Companies, COA or SPCOA Holders in Rural
Service Areas
has been established for this proceeding. No later than
Monday, August 13, 2001 a staff draft will be made available under this project
number in the commission's Central Records Division, located on the ground
floor of the William B. Travis Building and on the commission's website at
www.puc.state.tx.us/rules/rulemake/21175/21175.cfm.
The Public Utility Commission has also established Project Number 24392,
Questions concerning the workshop or this notice should be referred to
Don Ballard, Chief Attorney, Policy Development Division, at (512) 936-7255.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200104117
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: July 17, 2001
Request for Qualification Statements
The listed airport sponsor, through its agent, the Texas Department of
Transportation (TxDOT), intends to engage aviation professional engineering
firms for services pursuant to Government Code, Chapter 2254, Subchapter A.
TxDOT, Aviation Division will solicit and receive qualifications for professional
engineering design services as described in the following project:
Airport Sponsor: City of San Marcos, San Marcos Municipal Airport; TxDOT
Project Number: 0114SMRCO. Project Scope: Provide engineering/design services
for signage improvements at the San Marcos Municipal Airport. Project Manager:
John Wepryk
Interested firms shall utilize the
recently updated
Form 439
, titled "Aviation Engineering Services Questionnaire", (
http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm
Download the file from the selection "Engineer Services Questionnaire Packet".
The form may not be altered in any way, and all printing must be in black.
QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (
Note: This is a new form updated for this submission. The form is an MS Word,
Version 7, document
).
Two completed, unfolded copies of Form 439 (August 2000 version), must
be postmarked by U.S. Mail by midnight August 6, 2001. Mailing address: TxDOT,
Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight
delivery must be received by 4:00 p.m. on August 8, 2001; overnight address:
TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand
delivery must be received by 4:00 p.m. August 8, 2001; hand delivery address:
150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The two
pages of instructions should not be forwarded with the completed questionnaires.
Electronic facsimiles will not be accepted.
NEW DELIVERY OPTION
Your form 439 may be
e-mailed to TxDOT, at e-mail address:
AVNRFQ@dot.state.tx.us
E-mails must be received by midnight August 6, 2001. Received times will
be determined by the marked time and date as the E-mail is received into the
TxDOT network system. Please allow sufficient time to ensure delivery into
the TxDOT system by the deadline. After receipt, you will be electronically
notified of receipt by return e-mail. Return notification may be delayed by
a day or two, as the forms will be opened and printed at the TxDOT offices.
Before e-mailing the form, please confirm your completion of the form. TxDOT
will directly print the transmittal and not change the formatting or information
contained on the form following receipt. Signatures will not be required on
electronically submitted forms. You may type in the responsible party's name
on the signature line.
The airport sponsor's duly appointed committee will review all professional
qualifications and select three to five firms to submit proposals. Those firms
selected will be required to provide more detailed, project-specific proposals
which address the project team, technical approach, Disadvantage Business
Enterprise (DBE) participation, design schedule, and other project matters,
prior to the final selection process. The final engineer selection by the
sponsor's committee will generally be made following the completion of review
of proposals and/or engineer interviews. The airport sponsor reserves the
right to reject any or all statements of qualifications, and to conduct new
professional services selection procedures.
If there are any procedural questions, please contact Karon Wiedemann,
Director, Grant Management, or the designated Project Manager, John Wepryk,
for technical questions at 1-800-68-PILOT (74568).
TRD-200104132
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 18, 2001
Coastal Coordination Council
Office of Consumer Credit Commissioner
Credit Union Department
Appliction(s) to Expand Field of Membership
Notice of Final Action Taken
Texas Department of Criminal Justice
Texas Education Agency
Request for Proposals Concerning Production of Braille Textbook Copies for Texas Public Schools
Request for Proposals Concerning Production of Braille Textbook Masters for Texas Public Schools
Request for Proposals Concerning Production of Large Type Textbooks for Texas Public Schools
Request for Proposals Concerning Texas Permanent School Fund Investment Management Services High Yield Fixed Income Style
Texas Department of Health
Notice of Emergency Cease and Desist Order on Brownwood Regional Hospital
Notice of Emergency Cease and Desist Order on Denton Prescription Shop, Inc., dba Community Pharmacy
Notice of Emergency Cease and Desist Order on Walter N. Gaman, M.D., dba Healthcare Associates of Irving, L.L.P.
Notice of Emergency Order on Ray Roquemore and Allen Inspection Service
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on ACD-SA Limited
Notice of Public Hearing for Proposed Rule Concerning the Deinstitutionalization of Children from Nursing Facilities into the Medically Dependent Children Program (MDCP)
Notice of Revocation of the Industrial Radiographer Identification Card of Steve Cagle
Request for Proposals for Prevention of Hepatitis C Virus
Texas Health and Human Services Commission
Texas Department of Housing and Community Affairs
Notice of Public Hearing for the Low Income Home Energy Assistance Program
Texas Department of Human Services
Public Notice
Texas Department of Insurance
Notice
Notice
Texas Lottery Commission
Texas Natural Resource Conservation Commission
Notice of Finalization of a Restoration Plan/Environmental Assessment for Ecological Injuries and Services Losses at the Tex Tin Corporation Superfund Site
Notice of Non-Adjudicatory Public Hearing
Notice of Public Hearing
Notice of Public Hearing on the Publication of a State Registry
Notice of Request for Public Comment and a Non-Adjudicatory Public Hearing for a Total Maximum Daily Load for Dissolved Oxygen in Salado Creek and Update to the State Water Quality Management Plan
Notice of Request for Public Comment and a Non-Adjudicatory Public Hearing for an Implementation Plan to Address Chlordane in Clear Creek
Notice of Request for Public Comment and a Non-Adjudicatory Public Hearing for an Implementation Plan to Address Volatile Organic Compounds in Clear Creek
Notice of Water Quality Applications
Proposal for Decision
North Texas Tollway Authority
Texas Department of Protective and Regulatory Services
Public Utility Commission of Texas
Notice of Application for Designation as an Eligible Telecommunications Carrier Under 47 U.S.C. §214(e)
Notice of Application for Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.54(b)(3)
Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §25.181
Notice of Application Pursuant to P.U.C. Substantive Rule §26.208
Notice of Application Pursuant to P.U.C. Substantive Rule §26.208
Notice of Application to Amend Certificate of Convenience and Necessity for a Proposed Transmission Line
Notice of Petition for Expanded Local Calling Service
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.215
Public Notice of Interconnection Agreement
Public Notice of Workshop-Rulemaking to Address the Provision of Advanced Services by Electing Companies, COA or SPCOA Holders in Rural Service Areas
Texas Department of Transportation
Texas Water Development Board