Office of the Attorney General
Texas Health and Safety Code and the Texas Water Code Settlement Notice
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas Water Code.
Before the State may settle a judicial enforcement action under the Water
Code, the State shall permit the public to comment in writing on the proposed
judgment. The Attorney General will consider any written comments and may
withdraw or withhold consent to the proposed agreed judgment if the comments
disclose facts or considerations that indicate that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the Code.
Case Title and Court: State of Texas v. Scrap Tire Recycling, Inc., et
al., Case No. 99-03509, 353 rd District Court of Travis County, Texas
Nature of Defendant's Operations: Defendant Scrap Tire Recycling, Inc.
operates a scrap tire storage facility and as in the business of procuring
used tires and segregating scrap tires from good used tires. Scrap tires are
shredded and disposed of off-site. The State of Texas seeks to recover a past
administrative penalty of $7,920, civil penalties for alleged new violations,
attorney fees, and injunctive relief.
Proposed Agreed Final Judgment: The judgment requires the Defendant Scrap
Tire Recycling, Inc. to pay a prior administrative penalty of $7,920, a civil
penalty of $100,000, and attorney fees of $12,500. The $7,920 administrative
penalty will be paid in monthly installments over eighteen months. The civil
penalty consists of a deferred penalty of $75,000 and a current judgment for
$25,000. The deferred amount will be satisfied if Defendant completes all
other required obligations of the judgment. The judgment for $25,000 in civil
penalty and $12,500 will not be subject to execution for two years. The judgment
resolves a dispute about whether there is a current scrap tire storage registration
on the site by terminating any storage registration or applications on the
site.
The injunctive provisions of the judgment prohibit Scrap Tire Recycling,
Inc. from taking any tire materials onto its scrap tire storage site and require
that all tire materials be shredded and removed from the site by August 31,
2002. There are interim deadlines for shredding and removing portions of the
tire materials on site. If the interim deadlines are not met, the final deadline
to complete shredding and removing the tire materials from the storage site
will occur earlier.
For a complete description of the proposed settlement, the complete proposed
Agreed Final Judgment should be reviewed. Requests for copies of the judgment,
and written comments on the proposed settlement should be directed to Anthony
W. Benedict, Assistant Attorney General, Office of the Texas Attorney General,
P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512)
320-0911. Written comments must be received within 30 days of publication
of this notice to be considered.
For information regarding this publication, please call A.G. Younger at
(512) 463-2110.
TRD-200101504
Susan D. Gusky
Assistant Attorney General
Office of the Attorney General
Filed: March 14, 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 February 2, 2001, through February 22, 2001. The public
comment period for these projects will close at 5:00 p.m. on March 26, 2001.
FEDERAL AGENCY ACTIONS
Applicant: Jefferson County; Location: The project site is located on the
west shoreline of Pleasure Island, along the Sabine-Neches Waterway, in Jefferson
County, Texas. The project can be located on the U.S.G.S. Quadrangle maps
entitled: Port Arthur North and Port Arthur South, Texas-Louisiana. Approximate
UTM Coordinates: Zone 15; Easting: 408000; Northing: 3297000. CCC Project
No.: 01-0067-F1; Description of Proposed Action: The applicant proposes to
conduct shoreline stabilization activities along approximately 3.9 miles of
eroded shoreline on Pleasure Island. There are existing shoreline protection
structures scattered along this stretch of Pleasure Island, including concrete
slabs, concrete riprap, and jetty stone revetments. However, many of these
structures have failed, resulting in significant erosion. Type of Application:
This application is being evaluated under Section 10 of the Rivers and Harbors
Act of 1899.
Applicant: Ballard Exploration Company, Inc.; Location: The project site
is located in the Taylor Bayou Outfall Canal approximately 4.5 miles southwest
of Port Arthur, Jefferson County, Texas. The proposed Howell Well No. 001
location is approximately 125 feet from the eastside of the shoreline, Latitude
30 degrees 40' 28.210" N and Longitude 86 degrees 18' 15.233" W (X=3,580,630.00'
Y=764,850.00'). The project can be located on the U.S.G.S. quadrangle map
entitled: Big Hill Bayou, Texas. Approximate UTM Coordinates: Zone 15; Easting
402200; Northing: 3301780. CCC Project No.: 01-0058-F1; Description of Proposed
Action: The applicant proposes to install, operate, and maintain structures
and equipment necessary for oil and gas drilling, production, and transportation
activities. Such activities include installation of typical marine barges
and keyways, shell and gravel pads, production structures with attendant facilities,
and flowlines. Type of Application: This application is being evaluated under
Section 10 of the Rivers and Harbors Act of 1899.
Pursuant to §306(d)(1) 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-200101524
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Filed: March 14, 2001
Notice of Award
Pursuant to Chapters 403 and 404, Texas Government Code, and Chapter 63,
Texas Education Code, the Comptroller of Public Accounts (Comptroller) announces
this notice of contract award.
The Comptroller's Request for Proposals (RFP) related to these contract
awards was published in the May 12, 2000, issue of the
Texas Register
(25 TexReg 4370).
The contractors will provide investment management services for the Treasury
Division of the Comptroller as described in the Comptroller's RFP.
There were sixteen contracts awarded and fully executed as of the submission
of the original notice of award to the Texas Register on February 21, 2001.
In that notice, the Comptroller stated that there might be other awards to
be announced at one or more later dates. This is a notice of an additional
contract awarded and fully executed as of the submission of this notice to
the Texas Register on March 14, 2001. In the original notice and this notice,
the estimated maximum fees are based on estimated initial funding.
A contract is awarded to Biscayne Advisors, Inc., 2711 N. Haskell, Suite
2070, Dallas, Texas 75204. The product is Large Cap Core. The total amount
of fees under the contract are based on the value of assets invested; the
estimated maximum payments for the first 12 months are $100,000. The contract
is effective from February 27, 2001 through December 31, 2002.
TRD-200101521
Pamela Ponder
Deputy General Counsel for Contracts
Comptroller of Public Accounts
Filed: March 14, 2001
Notice of Rate Bracket Adjustment
The Consumer Credit Commissioner of Texas has ascertained the following
brackets and ceilings by use of the formula and method described in Tex. Fin.
Code §341.203.
1
The amounts of brackets in Tex. Fin. Code §342.201(a) are changed
to $1,500.00 and $12,500.00, respectively.
The ceiling amount in Tex. Fin. Code §342.251 is changed to $500.00.
The amounts of the brackets in Tex. Fin. Code §345.055 are changed
to $2,500.00 and $5,000.00, respectively.
The amounts of the bracket in Tex. Fin. Code §345.103 is changed to
$2,500.00.
The ceiling amount of Tex. Fin. Code §371.158 is changed to $12,500.00.
The amounts of the brackets in Tex. Fin. Code §371.159 are changed
to $150.00, $500.00, and $1,500.00, respectively.
The above dollar amounts of the brackets and ceilings shall govern all
applicable credit transactions and loans made on or after July 1, 2001, and
extending through June 30, 2002.
1
Computation method: The Reference Base Index
(the Index for December 1967) = 101.6. The December 2000 Index = 508.5. The
percentage of change is 500.49%. This equates to an increase of 500% after
disregarding the percentage of change in excess of multiples of 10%.
TRD-200101503
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 14, 2001
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Sections 303.003
and 303.009, Tex. Fin. Code.
The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the
period of 03/19/01 - 03/25/01 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the
period of 03/19/01 - 03/25/01 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
TRD-200101502
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 14, 2001
Notice to Bidders - 696-FD-1-B022
The Texas Department of Criminal Justice invites bids for the construction
of Perimeter Road Improvements at Rosharon, Texas. The project consists of
reconstruction of Base Bid - Existing perimeter road - (1) approximately 5,820
square yards of 3" Hot Mix Asphalt placed on 10" Flex base on 8" Lime Stabilized
Sub-grade, and (2) approximately 210 square yards of 7" Reinforced Concrete
Pavement on 10" Flex Base on 8" Lime Stabilized sub-grade.(Alternate Bid Item)
-B.O.Q. Parking Lot, approximately 3250 Square yards of 2" Hot Mix Asphalt
placed on 6" Flex Base. at the existing Darrington Unit, Route 3, Box 59,
Rosharon, Texas 77583. The work includes civil, mechanical, plumbing, structural
and concrete as further shown in the Contract Documents prepared by : Teague
Nall and Perkins,Inc.
The successful bidder will be required to meet the following requirements
and submit evidence within five days after receiving notice of intent to award
from the Owner:
A. Contractor must have worked in his trade for five consecutive years
and have completed at least three projects of a dollar value and complexity
equal to or greater than the proposed project.
B. Contractor must be bondable and insurable at the levels required.
C. Must provide references from at least three similar projects.
All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0%
of greatest amount bid. Performance and Payment Bonds in the amount of 100%
of the contract amount will be required upon award of a contract. The Owner
reserves the right to reject any or all bids, and to waive any informality
or irregularity.
Bid Documents can be purchased from the Architect/Engineer at a cost of
$30.00 (Thirty Dollars and no cent, non-refundable) per set, inclusive of
mailing/delivery costs, or they may be viewed at various plan rooms. Payment
checks for documents should be made payable to the Architect/Engineer : Teague
Nall and Perkins, Inc., 1100 Macon Street, Attn: Tom Rutledge or Gary Teague,
Fort Worth, Texas 76102 - 3531; Phone: (817) 336-5773; Fax: (817) 336-2813.
A Pre-Bid conference will be held at 10:30 AM on April 10, 2001, at the
Darrington Unit, Rosharon, Texas, followed by a site-visit. ATTENDANCE IS
MANDATORY.
Bids will be publicly opened and read at 2:00 PM on April 24, 2001, in
the Contracts Branch Conference Room at Two Financial Plaza, Suite 525, Huntsville,
Texas 77340.
The Texas Department of Criminal Justice requires the Contractor to make
a good faith effort to include Historically Underutilized Businesses (HUB's)
in at least 57.2 % of the total value of this construction contract award.
Attention is called to the fact that not less than the minimum wage rates
prescribed in the Special Conditions must be paid on these projects.
TRD-200101414
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: March 8, 2001
Public Hearing Notice
The Deep East Texas Local Workforce Development Board, Inc. announces they
will hold a Public Hearing on Child Care Policies and the modification of
the strategic plan for providing workforce development services authorized
by the Workforce Investment Act and Texas HB 1863. The hearing will be held
March 27, 2001 10:00 a.m. to noon at the Board's meeting room at 1316-C South
John Redditt, Lufkin, Texas
Inquiries can be made to:
Charlene Meadows, Interim Executive Director,
Deep East Texas Local Workforce Development Board, Inc.
1318 S. John Redditt Drive
Lufkin, Texas 75904
(409) 639-8898
FAX: (409) 633-7491
Email: charlene.meadows@twc.state.tx.us
TRD-200101505
Charlene Meadows
Interim Executive Director
Deep East Texas Workforce Development Board, Inc.
Filed: March 14, 2001
Request for Applications Concerning Open-Enrollment Charter Guidelines and Application
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-01-005 from eligible entities to
operate open-enrollment charter schools. Eligible entities include public
institutions of higher education, private or independent institutions of higher
education, organizations exempt from taxation under the Internal Revenue Code
of 1986 (26 United States Code, §501(c)(3)), or governmental entities.
Each prospective applicant is requested to send notice in writing of its intent
to submit an application. The notice of intent must be sent to the Division
of Charter Schools, Room 6-124, TEA, William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas 78701-1494. Failure to notify TEA of intent
to apply does not disqualify an applicant from submitting an application for
an open-enrollment charter.
Description. The purpose of an open-enrollment charter is to provide an
alternative avenue for restructuring schools. An open-enrollment charter offers
flexibility and choice for educators, parents, and students. An approved open-enrollment
charter school may be located in a facility of a commercial or nonprofit entity
or in a school district facility. If the open-enrollment charter school is
to be located in a school district facility, it must be operated under the
terms established by the board of trustees or governing body of the school
district in an agreement governing the relationship between the school and
the district.
An open-enrollment charter school will provide instruction to students
at one or more elementary or secondary grade levels as provided by the charter.
It is governed under the specifications of the charter and retains authority
to operate for the term of the charter contingent on satisfactory student
performance as defined by the state accountability system. An open-enrollment
charter school does not have the authority to impose taxes.
An open-enrollment charter school is subject to federal laws and certain
state laws governing public schools, including laws and rules relating to
a criminal offense, requirements relating to the Public Education Information
Management System (PEIMS), criminal history records, high school graduation,
special education programs, bilingual education, prekindergarten programs,
extracurricular activities, health and safety provisions, and public school
accountability. An open-enrollment charter school is immune from liability
to the same extent as a school district, and its employees and volunteers
are immune from liability to the same extent as school district employees
and volunteers. An employee of an open-enrollment charter school who qualifies
for membership in the Teacher Retirement System of Texas shall be covered
under the system to the same extent a qualified employee of a school district
is covered.
Project Amount. For each student enrolled in an open-enrollment charter
school, Texas Education Code (TEC), §12.106(b), requires the commissioner
of education to distribute to the school an amount equal to the following:
the amount provided for the student under the specific Foundation School Program
for which the school is chartered, plus the transportation allotment for which
the student would be entitled; less an amount equal to the sum of the school's
tuition receipts under TEC, §12.107, plus the school's distribution from
the Available School Fund. An open-enrollment charter school is entitled to
receive local funds from the school district in which a student attending
the school resides and may not charge tuition to a student. An open-enrollment
charter shall not discriminate in admission policy on the basis of sex, national
origin, ethnicity, religion, disability, academic or athletic ability, or
the district the child would otherwise attend. An open-enrollment charter
school may deny admission to a student with a criminal record or documented
discipline problems.
Selection Criteria. A complete description of selection criteria is included
in the RFA.
The State Board of Education (SBOE) may approve open-enrollment charter
schools as provided in TEC, §12.101, and §12.1011. TEC, §12.1011(a)(1),
authorizes the SBOE to grant charters for open-enrollment charter schools
that adopt an express policy providing for the admission of students eligible
for a public education grant under TEC, Chapter 29, Subchapter G. Additionally,
TEC, §12.1011(a)(2), authorizes the SBOE to grant an unspecified number
of charters for open-enrollment charter schools for which at least 75% of
the prospective student population, as specified in the proposed charter,
will be students who have dropped out of school or are at risk of dropping
out of school as defined by TEC, §29.081. The SBOE has approved 193 charter
schools to date. There is no cap on the number of 75% rule charters that can
be granted to serve at-risk populations. There are currently no standard open-enrollment
charters available.
An application for an open-enrollment charter must state whether it is
being submitted for consideration under TEC, §12.1011(a)(1), or TEC, §12.1011(a)(2).
Applications submitted under TEC, §12.1011(a)(1), will be considered
separately from those submitted under TEC, §12.1011(a)(2). The SBOE may
approve applicants to ensure representation of urban, suburban, and rural
communities; various instructional settings; innovative programs; diverse
student populations and geographic regions; and various eligible entities.
The SBOE will consider Statements of Impact from any school district whose
enrollment is likely to be affected by the open-enrollment charter school.
The SBOE may also consider the history of the sponsoring entity and the credentials
and background of its board members.
Requesting the Application. An application must be submitted under SBOE
guidelines to be considered. A complete copy of the publication "Open-Enrollment
Charter Guidelines and Application" (RFA #701-01-005), which includes an application
and procedures, may be obtained by writing the: Division of Charter Schools,
Room 6-124, TEA, William B. Travis Building, 1701 North Congress Avenue, Austin,
Texas 78701-1494, or by calling (512) 463-9575.
Deadline for Receipt of Applications. An application must be received by
the Document Control Center, Room 6-108, TEA, 1701 North Congress Avenue,
Austin, Texas 78701-1494, by 5:00 p.m. (Central Time), Tuesday, June 5, 2001,
to be eligible for consideration
Further Information. For clarifying information about the open-enrollment
charter school application, contact Mary Perry, Division of Charter Schools,
TEA, (512) 463-9575, or by e-mail at mperry@tea.state.tx.us.
TRD-200101523
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Filed: March 14, 2001
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-01-015 for federal Adult Education
and Family Literacy Act (AEFLA) funds to provide English literacy and civics
education programs. According to the provisions of the Workforce Investment
Act of 1998, §203(5), eligible providers are: local educational agencies;
community-based organizations of demonstrated effectiveness; volunteer literacy
organizations of demonstrated effectiveness; institutions of higher education;
public or private nonprofit agencies; libraries; public housing authorities;
nonprofit institutions that are not described previously that have the ability
to provide literacy services to adults and families; or a consortium of agencies,
organizations, institutions, libraries, or authorities described previously.
For-profit entities are not eligible providers.
Description. English Literacy and Civics education programs emphasize contextualized
instruction on the rights and responsibilities of citizenship, naturalization
procedures, civic participation, and U.S. History and government to help students
acquire the skills and knowledge to become active and informed parents, workers,
and community members. This initiative is not intended simply to expand English
literacy services, but to provide immigrants and other limited English proficient
(LEP) populations an integrated program of services that incorporates English
literacy and civics education services.
Eligible providers apply directly to TEA for federal EL Civics funds for
at least two of the three following program components: (1) EL Civics program
implementation; (2) EL Civics enrichment; and (3) EL Civics Intergenerational
services. Providers may not apply for a single component. All EL Civics applications
are submitted on TEA Standard Application System (SAS) forms (SAS #A317) provided
in the RFA. The state plan and State Board of Education (SBOE) rules require
applicants to have at least one year of experience in providing adult education
and literacy services proposed in the application. Eligible providers are
encouraged to maximize the fiscal resources available for EL Civics services
to undereducated immigrants and other LEP populations to avoid unproductive
duplication of services and excessive administrative costs by forming cooperatives
and using fiscal agents as authorized by federal regulations and SBOE rules.
Collaboration with other mutually supportive programs within the community
will be a necessary prerequisite for funding. Applicants that are not public
education entities must submit indicators of financial stability with the
application to TEA. All nonprofit organizations, including open-enrollment
charter schools, are required to submit proof of nonprofit status. Other conditions
for submittal of applications and funding are contained in the RFA.
Dates of Project. The English Literacy and Civics project will be implemented
during the 2001-2002 school year(s). Applicants should plan for a starting
date of no earlier than July 1, 2001, and an ending date of no later than
June 30, 2002.
Project Amount. Funding will be provided for approximately 20 projects.
Each project will receive a maximum of $100,000 for the 2001-2002 school year.
Project funding in the second year will be based on satisfactory progress
of the first-year objectives and activities and on general budget approval
by the SBOE and the commissioner of education and appropriations by the U.S.
Congress. This project is funded 100% from federal funds ($2,080,859): Consolidated
Appropriations Act, §1000(a)(4), P.L. 106-113.
Selection Criteria. Applications will be selected based on total points
awarded. Applicants must achieve an overall score of 70 and address each requirement
as specified in the RFA satisfactorily to be considered for funding. Priority
will be placed on applications recruiting and serving the most educationally
disadvantaged immigrants and other LEP populations, providing services beyond
the scope of naturalization and that include comprehensive, integrated civic
participation. The TEA reserves the right to select from the highest-ranking
applications those that address all requirements in the RFA and 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 #701-01-015 may be obtained
by writing the: Document Control Center, Room 6-108, Texas Education Agency,
William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701;
by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tmail.tea.state.tx.us.
Please refer to the RFA number and title in your request. Provide your name,
complete mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the 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
Dr. Sheila Rosenberg, Division of Adult and Community Education, TEA, (512)
463-9294.
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,
May 31, 2001, to be considered for funding.
TRD-200101522
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Filed: March 14, 2001
Correction of Error
The Texas General Land Office proposed an amendment to §15.11. The
rule appeared in the February 23, 2001, issue of the
Texas Register
(25 TexReg 1661).
Due to agency error, on page 1662, §15.11(a)(12) should read: "Nueces
County".
Subparagraphs (A) thru (D) remain the same.
New paragraph 13 should read: "(13) Village of Surfside Beach (adopted
December 12, 2000)."
TRD-200101514
Notice of Amendment to the Radioactive Material License of Waste Control Specialists, LLC
Notice is hereby given by the Texas Department of Health (department),
Bureau of Radiation Control that it has amended Radioactive Material License
Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews
County, Texas, one mile North of State Highway 176, 250 feet East of the Texas/New
Mexico State Line; 30 miles West of Andrews, Texas.
The issuance of amendment number13 authorizes the use of the Commodore
SL2 unit to treat mixed waste using solvated electron technology.
The department has determined that the amendment of the license, 25 Texas
Administrative Code (TAC) Chapter 289, and the documentation submitted by
the licensee provide reasonable assurance that the licensee's radioactive
waste facility is sited, designed, operated, and will be decommissioned and
closed in accordance with the requirements of 25 TAC Chapter 289; the amendment
of the license will not be inimical to the health and safety of the public
or the environment; and the activity represented by the amendment of the license
will not have a significant effect on the human environment.
This notice affords the opportunity for a public hearing upon written request
within 30 days of the date of publication of this notice by a person affected
as required by Texas Health and Safety Code §401.116 and as set out in
25 TAC §289.205(f). A "person affected" is defined as a person who demonstrates
that the person has suffered or will suffer actual injury or economic damage
and, if the person is not a local government, is (a) a resident of a county,
or a county adjacent to the county, in which radioactive material is or will
be located; or (b) doing business or has a legal interest in land in the county
or adjacent county.
A person affected may request a hearing by writing Mr. Richard A. Ratliff,
P.E., Chief, Bureau of Radiation Control, 1100 West 49th Street, Austin, Texas
78756-3189. Any request for a hearing must contain the name and address of
the person who considers himself affected by this action, identify the subject
license, specify the reasons why the person considers himself affected, and
state the relief sought. If the person is represented by an agent, the name
and address of the agent must be stated. Should no request for a public hearing
be timely filed, the agency action will be final.
A public hearing, if requested, shall be conducted in accordance with the
provisions of Texas Health and Safety Code, §401.114, the Administrative
Procedure Act (Chapter 2001, Texas Government Code), the formal hearing procedures
of the department (25 Texas Administrative Code §1.21. et seq.) and the
procedures of the State Office of Administrative Hearings (1 Texas Administrative
Code Chapter 155).
A copy of the license amendment and supporting materials are available
for public inspection and copying at the office of the Bureau of Radiation
Control, Texas Department of Health, Exchange Building, 8407 Wall Street,
Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday
(except holidays). Information relative to inspection and copying the documents
may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau
of Radiation Control.
TRD-200101459
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
On March 5, 2001, Charles E. Bell, M.D., Executive Deputy Commissioner,
Texas Department of Health, signed an order amending the Texas Schedule of
Controlled Substances, placing Dihydroetorphine into Schedule II. This amendment
supercedes the prior notification of placement of Dihydroetorphine into Schedule
II.
The Deputy Administrator of the Drug Enforcement Administration (DEA) has
issued a final rule which places the substance Dihydroetorphine into Schedule
II of the Federal Controlled Substances Act (CSA). Dihydroetorphine is an
opiate-like substance with potent analgesic effects, and is currently controlled
under Schedule II of the CSA as a thebaine derivative. Dihydroetorphine is
not marketed or used medically in the United States. This action was based
on the following:
(1) Dihydroetorphine has been added to Schedule I of the Single Convention
on Narcotic Drugs, 1961;
(2) as a signatory Member to the 1961 Convention, the United States is
obligated to control Dihydroetorphine under national drug control legislation
(i.e., the CSA).
Pursuant to §481.034(g), as amended by the 75th legislature, of the
Texas Controlled Substances Act, Chapter 481, Health and Safety Code, at least
31 days have expired since notice of the above referenced action was published
in the
Federal Register
, and in my capacity
as Executive Deputy Commissioner of the Texas Department of Health, I, Charles
E. Bell, M.D., do hereby order that the substance Dihydroetorphine be added
to Schedule II of the Texas Controlled Substances Act. Schedule II of said
Act is hereby amended to read as follows:
SCHEDULE II
Schedule II consists of:
Schedule II substances, vegetable origin or chemical synthesis
the following substances, however produced, except those narcotic drugs
listed in other schedules:
(1) Opium and opiate, and a salt, compound, derivative, or preparation
of opium or opiate, other than thebaine-derived butorphanol, naloxone and
its salts, naltrexone and its salts, and nalmefene and its salts, but including:
(1-1) Codeine;
(1-2) Dihydroetorphine; *
(1-3) Ethylmorphine;
(1-4) Etorphine hydrochloride;
(1-5) Granulated opium;
(1-6) Hydrocodone;
(1-7) Hydromorphone;
(1-8) Metopon;
(1-9) Morphine;
(1-10) Opium extracts;
(1-11) Opium fluid extracts;
(1-12) Oxycodone;
(1-13) Oxymorphone;
(1-14) Powdered opium;
(1-15) Raw opium;
(1-16) Thebaine; and,
(1-17) Tincture of opium;
(2) a salt, compound, isomer, derivative, or preparation of a substance
that is chemically equivalent or identical to a substance described by Paragraph
(1) of Schedule II substances, vegetable origin or chemical synthesis, other
than the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Cocaine, including:
(4-1) its salts, its optical, position, and geometric isomers, and the
salts of those isomers; and
(4-2) coca leaves and a salt, compound, derivative, or preparation of coca
leaves that is chemically equivalent or identical to a substance described
by this paragraph, other than decocainized coca leaves or extractions of coca
leaves that do not contain cocaine or ecgonine; and
(5) Concentrate of poppy straw, meaning the crude extract of poppy straw
in liquid, solid, or powder form that contains the phenanthrene alkaloids
of the opium poppy;
Opiates
***
Schedule II stimulants
***
Schedule II depressants
***
Schedule II hallucinogenic substances
***
Schedule II precursors
***
Changes to the schedules are designated by an asterisk (*)
Done in Austin, Texas this 5th day of March, 2001 in witness whereof I
hereunto set my hand and seal of office.
Charles E. Bell, M. D., Executive Deputy Commissioner
TRD-200101466
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Siemens Medical Systems (licensee-L02601, expired) of Grand Prairie to immediately
cease and desist use of any radioactive material. The order also requires
the licensee to immediately impound the radioactive material in place, or
transfer the radioactive material for storage or disposal to a licensee authorized
to possess radioactive material. The bureau determined that continued unauthorized
possession and/or use of the radioactive material without a valid license
constitutes an immediate threat to public health and safety, and the existence
of an emergency.
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-200101465
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Bandy & Associates, Inc. (licensee-L04296, expired) of Houston to immediately
cease and desist use of any radioactive material. The order also requires
the licensee to immediately impound the radioactive material in place, or
transfer the radioactive material for storage or disposal to a licensee authorized
to possess radioactive material. The bureau determined that continued unauthorized
possession and/or use of the radioactive material without a valid license
constitutes an immediate threat to public health and safety, and the existence
of an emergency.
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-200101463
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
Notice is hereby given that the Bureau of Radiation Control (bureau) ordered
Robco Production Logging, Inc. (licensee-L04925, expired) of Snyder to immediately
cease and desist use of any radioactive material. The order also requires
the licensee to immediately impound the radioactive material in place, or
transfer the radioactive material for storage or disposal to a licensee authorized
to possess radioactive material. The bureau determined that continued unauthorized
possession and/or use of the radioactive material without a valid license
constitutes an immediate threat to public health and safety, and the existence
of an emergency.
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-200101464
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation
Control (bureau), Texas Department of Health (department), filed complaints
against the following registrants: Arthur W. Coleman, D.D.S. & Associates,
Houston, R24360; M. Jerome Holmes, D.D.S., Humble, R21971; Scott Summerlin,
D.D.S., Irving, R19962; Highpoint Dental, Inc., Dallas, R16323; McAllen Primary
Care Associates, McAllen, R25204; William P. King, M.D., P.A., Corpus Christi,
R17043; Richard L. Becker, D.O., Garland, R15937; X-Ray Diagnostics, Inc.,
El Paso, R20762.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the bureau that they have complied with
the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the certificates of registration will be revoked at the end of the 30-day
period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200101461
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
Pursuant to 25 Texas Administrative Code §289.205, the Bureau of Radiation
Control (bureau), Texas Department of Health (department), filed complaints
against the following licensees: Exell, Incorporated, Beaumont, G01969; ETI
Services, Inc., Katy, G02030; Lone Star Oncology Consultants, Austin, G02032.
The complaints allege that these licensees have failed to pay required
annual fees. The department intends to revoke the radioactive material licenses;
order the licensees to cease and desist use of such radioactive materials;
order the licensees to divest themselves of the radioactive material; and
order the licensees to present evidence satisfactory to the bureau that they
have complied with the orders and the provisions of the Texas Health and Safety
Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint,
the department will not issue an order.
This notice affords the opportunity to the licensees for a hearing to show
cause why the radioactive material licenses should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the radioactive material licenses will be revoked at the end of the
30-day period of notice.
A copy of all relevant material is available for public inspection at the
Bureau of Radiation Control, Texas Department of Health, Exchange Building,
8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday,
8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200101460
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 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 CYVON Imaging, Inc., doing business
as Community Diagnostics (registrant-M00702) of Dallas. A total penalty of
$12,000 is proposed to be assessed to the registrant for alleged violations
of 25 Texas Administrative Code §289.230.
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-200101462
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
The Texas Department of Health, having duly filed complaints pursuant to
25 Texas Administrative Code §289.205, has revoked the following radioactive
material license: El Paso Inspection, Inc., Sunland, New Mexico, L04599, February
15, 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-200101458
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 12, 2001
Notice of Public Hearing
MULTIFAMILY HOUSING REVENUE BONDS (VISION HOUSING INITIATIVE DEVELOPMENT)
SERIES 2001
Notice is hereby given of a public hearing to be held by the Texas State
Affordable Housing Corporation (the "Issuer") on April 23, 2001 at Noon, at
the Harvey Avenue Baptist Church, 1257 East Harvey Avenue, Fort Worth, Texas,
76104, with respect to an issue of multifamily housing revenue bonds (the
"Bonds") to be issued by the Issuer in one or more series in the aggregate
amount not to exceed $57,000,000, the proceeds of which will be loaned to
Vision Housing Initiative (I), L.L.C., an Internal Revenue Code Section 501(c)(3)
corporation, to finance the acquisition and rehabilitation of six separate
multifamily housing projects (collectively, the "Projects") located in the
cities of Fort Worth, Houston and Pasadena, Texas. The public hearing, which
is the subject of this notice, will concern the multifamily housing projects
described as follows: Parkside Apartments, 170 units, 3101 Sappington Place,
Fort Worth, Texas 76116 and Huntington Place, 184 units, 4900 N. Bryant Irvin,
Fort Worth, Texas 76116. The Projects will be owned by Vision Housing Initiative
(I), L.L.C.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or request for additional information may be direct to Daniel C. Owen at the
Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin,
Texas 78703; 1-888-638-3555 ext. 404.
Persons who intend to appear at the hearing and express their views are
invited to contact Daniel C. Owen in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Daniel C. Owen prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555,
ext.417 through Relay Texas at 1-800-735-2989 at least two days before the
meeting so that appropriate arrangements can be made.
Individuals who require child care to be provided at this meeting should
contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days
before the meeting so that appropriate arrangements can be made.
Individuals may transmit written testimony or comments regarding the subject
matter of this public hearing to Daniel Owen at dowen@tsahc.com.
TRD-200101511
Daniel C. Owen
Vice President
Texas State Affordable Housing Corporation
Filed: March 14, 2001
MULTIFAMILY HOUSING REVENUE BONDS (VISION HOUSING INITIATIVE DEVELOPMENT)
SERIES 2001
Notice is hereby given of a public hearing to be held by the Texas State
Affordable Housing Corporation (the "Issuer") on April 24, 2001 at Noon, at
the Cullen Missionary Baptist Church, 13233 Cullen Boulevard, Houston, Texas,
77047, with respect to an issue of multifamily housing revenue bonds (the
"Bonds") to be issued by the Issuer in one or more series in the aggregate
amount not to exceed $57,000,000, the proceeds of which will be loaned to
Vision Housing Initiative (I), L.L.C., an Internal Revenue Code Section 501(c)(3)
corporation, to finance the acquisition and rehabilitation of six separate
multifamily housing projects (collectively, the "Projects") located in the
cities of Fort Worth, Houston and Pasadena, Texas. The public hearing, which
is the subject of this notice, will concern the multifamily housing projects
described as follows: Kingsgate Village Apartments, 312 units, 7298 Kings
Gate Circle, Houston, Texas 77074; Westfield Apartments, 424 units, 14405
Rio Bonito, Houston, Texas 77083 and Bennington Square Apartments, 313 units,
6300 W. Bellfort, Houston, Texas 77033. The Projects will be owned by Vision
Housing Initiative (I), L.L.C.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or request for additional information may be direct to Daniel C. Owen at the
Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin,
Texas 78703; 1-888-638-3555 ext. 404.
Persons who intend to appear at the hearing and express their views are
invited to contact Daniel C. Owen in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Daniel C. Owen prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555,
ext.417 through Relay Texas at 1-800-735-2989 at least two days before the
meeting so that appropriate arrangements can be made.
Individuals who require child care to be provided at this meeting should
contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days
before the meeting so that appropriate arrangements can be made.
Individuals may transmit written testimony or comments regarding the subject
matter of this public hearing to Daniel Owen at dowen@tsahc.com.
TRD-200101512
Daniel C. Owen
Vice President
Texas State Affordable Housing Corporation
Filed: March 14, 2001
MULTIFAMILY HOUSING REVENUE BONDS (VISION HOUSING INITIATIVE DEVELOPMENT)
SERIES 2001
Notice is hereby given of a public hearing to be held by the Texas State
Affordable Housing Corporation (the "Issuer") on April 25, 2001 at Noon, at
the Grace Congregational Church, 207 South Main Street, Pasadena, Texas, 77506,
with respect to an issue of multifamily housing revenue bonds (the "Bonds")
to be issued by the Issuer in one or more series in the aggregate amount not
to exceed $57,000,000, the proceeds of which will be loaned to Vision Housing
Initiative (I), L.L.C., an Internal Revenue Code Section 501(c)(3) corporation,
to finance the acquisition and rehabilitation of six separate multifamily
housing projects (collectively, the "Projects") located in the cities of Fort
Worth, Houston and Pasadena, Texas. The public hearing, which is the subject
of this notice, will concern the Vista del Sol Apartments containing 264 units,
located at 701 South Avenue, Pasadena, Texas 77503. The Projects will be owned
by Vision Housing Initiative (I), L.L.C.
All interested parties are invited to attend such public hearing to express
their views with respect to the Project and the issuance of the Bonds. Questions
or request for additional information may be direct to Daniel C. Owen at the
Texas State Affordable Housing Corporation, 1715 West 35th Street, Austin,
Texas 78703; 1-888-638-3555 ext. 404.
Persons who intend to appear at the hearing and express their views are
invited to contact Daniel C. Owen in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Daniel C. Owen prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Glenda Houchin David, ADA Responsible Employee, at 1-888-638-3555,
ext.417 through Relay Texas at 1-800-735-2989 at least two days before the
meeting so that appropriate arrangements can be made.
Individuals who require child care to be provided at this meeting should
contact Glenda Houchin David at 1-888-638-3555, ext. 417, at least five days
before the meeting so that appropriate arrangements can be made.
Individuals may transmit written testimony or comments regarding the subject
matter of this public hearing to Daniel Owen at dowen@tsahc.com.
TRD-200101513
Daniel C. Owen
Vice President
Texas State Affordable Housing Corporation
Filed: March 14, 2001
Request for Information
The Houston-Galveston Area Council (H-GAC) solicits a qualified organization
to provide an Interactive Voice Response (IVR) or similar system for The Worksource
- Gulf Coast Careers. The Gulf Coast workforce system serves businesses and
residents in the 13-county Gulf Coast region of Southwest Texas, which includes
the City of Houston at its core. The contiguous counties that make up the
region include Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston,
Harris, Liberty, Matagorda, Montgomery, Walker, Waller and Wharton. Prospective
proposers may obtain a copy of the Request for Information by contacting Carol
Kimmick at 713.993.4522 or by sending email to ckimmick@hgac.cog.tx.us. The
Request for Information may also be downloaded at http://www.gulfcoastcareers.org.
Responses are due at H-GAC offices by 12:00 noon on Friday, March 23, 2001.
Late responses will not be accepted. There will be no exceptions.
TRD-200101487
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: March 12, 2001
Houston-Galveston Area Council of Governments (H-GAC) seeks sealed proposals
for the procurement of printed materials for Workforce System funded by H-GAC.
Part 1 includes brochures, mailers, folders and information sheets. Part 2
includes business cards, letterhead, envelopes, and labels. Online ordering
system capability desired. Proposal Specifications are numbered: RFP-0301.
The deadline for submitting proposals will be Friday March 23, 2001 at 5:00
p.m. CST. The RFP can be obtained by calling buyer Greg Cruthirds at (713)
993-4591 or access web site www.hgac.cog.tx.us
TRD-200101488
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: March 12, 2001
Family Violence Program Announcement of Availability of Funds
The Texas Department of Human Services (DHS) Family Violence Program announces
the availability of funds not to exceed $1,300,000 to provide nonresidential
services which promote self sufficiency and independence for domestic violence
victims, pursuant to the Family Violence Prevention and Services Act, US Department
of Health and Human Services.
Funds will be awarded on a competitive basis to eligible nonprofit applicants
who best demonstrate the ability to efficiently deliver services to domestic
violence victims in Texas, as outlined in the Request for Proposals. Each
proposal will be reviewed and rated by a committee on a scale of 100 points.
It is intended that a minimum of one proposal will be selected from each of
the 11 DHS regions; however, awards will be made only to those proposals receiving
a score of 85 points or above. Awards for the initial contracts will be funded
at a maximum of $100,000 each. Based on performance and availability of federal
funds, the department intends to renew the contracts with maximum funding
levels for Year 2 of $75,000, and Year 3 of $50,000.
Historically Underutilized Businesses, Minority Businesses and Women's
Enterprises and Small Businesses who qualify are encouraged to apply. Additional
eligibility qualifications are outlined in the Request for Proposals.
Applicant agencies currently operating under contract with DHS to provide
family violence services may not apply for funds under this announcement for
the purpose of funding
existing
services. Such
applicant agencies must propose to initiate new, expanded, and/or innovative
services which meet an unmet need as specified in the Request for Proposals.
The initial contract period for this announcement is September 1, 2001
to August 31, 2002. All proposals must be received at DHS by 5:00 p.m. C.S.T.
on
May 4, 2001
.
The Request for Proposal described in this announcement may be obtained
through the DHS web site at http://www.dhs.state.tx.us/providers/business/index.html,
or by contacting Karen Parker, Family Violence Program Coordinator, Texas
Department of Human Services, PO Box 149030, Mail Code W-230, Austin, Texas
78714-0930 through written request, email to karen.parker@dhs.state.tx.us,
fax (512) 438-5538, or phone (512) 438- 2239.
TRD-200101490
Paul Leche
General Counsel
Texas Department of Human Services
Filed: March 13, 2001
Insurer Services
Application for incorporation in the State of Texas by HOMESITE LLOYD'S
OF TEXAS, a domestic lloyds company. The home office is in Austin, Texas.
Application to change the name of WISCONSIN NATIONAL LIFE INSURANCE COMPANY
to HUMANADENTAL INSURANCE COMPANY, a foreign life company. The home office
is in De Pere, Wisconsin.
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-200101510
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 14, 2001
The Commissioner of Insurance, at a public hearing under Docket No. 2484
scheduled for April 26, 2001 at 9:30 a.m., in Room 100 of the William P. Hobby
Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider
a proposal made in a staff petition. Staff's petition seeks amendment of the
Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or
adjusted 2001 model Private Passenger Automobile Physical Damage Rating Symbols
and revised identification information. Staff's petition (Ref. No. A-0301-03-I),
was filed on March 8, 2001.
The new and/or adjusted symbols for the Manual's Symbols and Identification
Section reflect data compiled on damageability, repairability, and other relevant
loss factors for the listed 2001 model vehicles.
A copy of the petition, including an exhibit with the full text of the
proposed amendments to the Manual is available for review in the office of
the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street,
Austin, Texas. For further information or to request copies of the petition,
please contact Angie Arizpe at (512) 463-6326; refer to (Ref. No. A-0301-03-I).
Comments on the proposed changes must be submitted in writing within 30
days after publication of the proposal in the Texas Register, to the Office
of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A,
Austin, Texas 78714-9104. An additional copy of comments is to be submitted
to Marilyn Hamilton, Associate Commissioner, Property & Casualty Program,
Texas Department of Insurance, P. O. Box 149104, MC 104-PC, Austin, Texas
78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96,
which exempts it from the requirements of the Government Code, Chapter 2001
(Administrative Procedure Act).
This agency hereby certifies that the proposal has been reviewed by legal
counsel and found to be a valid exercise of the agency's authority.
TRD-200101420
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 9, 2001
The following third party administrator (TPA) applications have been filed
with the Texas Department of Insurance and are under consideration.
Application for incorporation in Texas of Global Benefit Solutions, Inc.,
a domestic third party administrator. The home office is Austin, Texas.
Application for admission to Texas of New England Benefit Companies, a
foreign third party administrator. The home office is Warwick, Rhode Island.
Any objections must be filed within 20 days after this notice was filed
with the Secretary of State, addressed to the attention of Charles M. Waits,
MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.
TRD-200101506
Judy Woolley
Deputy Chief Clerk
Texas Department of Insurance
Filed: March 14, 2001
Enforcement Orders
An agreed order was entered regarding THE NEW JATS CORPORATION DBA GRAHAM
FOOD MARKET AND LAUNDRYMAT, Docket No. 1999-0445-PST-E on February 24, 2001
assessing $8,750 in administrative penalties with $7,750 deferred.
Information concerning any aspect of this order may be obtained by contacting
REBECCA PETTY, Staff Attorney at (512)239-1738, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF BRENHAM, Docket No. 2000-0483-
MSW-E on February 24, 2001 assessing $1,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
BILL DAVIS, Enforcement Coordinator at (512)239-6793, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding 7HC CORPORATION, Docket No. 2000-0878-
AIR-E on February 24, 2001 assessing $3,000 in administrative penalties with
$600 deferred.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CHEVRON U.S.A., INCORPORATED, Docket
No. 2000-0745-AIR-E on February 24, 2001 assessing $102,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CROSS TIMBERS OPERATING COMPANY,
Docket No. 2000-0751-AIR-E on February 24, 2001 assessing $3,750 in administrative
penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FORMOSA HYDROCARBONS COMPANY, INC.,
Docket No. 2000-0816-AIR-E on February 24, 2001 assessing $5,500 in administrative
penalties with $1,100 deferred.
Information concerning any aspect of this order may be obtained by contacting
GARY MCDONALD, Enforcement Coordinator at (361)825-3122, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MURMER, INCORPORATED, Docket No.
2000-0692-IHW-E on February 24, 2001 assessing $5,500 in administrative penalties
with $1,100 deferred.
Information concerning any aspect of this order may be obtained by contacting
CATHERINE SHERMAN, Enforcement Coordinator at (713)767-3624, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding EDDIE LEE COPES, Docket No. 1999-1408-
OSS-E on February 24, 2001 assessing $2,188 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An default order was entered regarding CHARLES R. MCKINNEY DBA MCKINNEY'S
SHELL STATION, Docket No. 2000-0124-PST-E on February 24, 2001 assessing $6,250
in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding BOBBY D. HAMILTON DBA TEXAS GULF
CONSTRUCTION COMPANY, Docket No. 1999-1338-OSI-E on February 24, 2001 assessing
$875 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
REBECCA PETTY, Staff Attorney at (512)239-1738, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding ALLEN WATTS DBA LAGO VISTA UTILITY,
Docket No. 1998-1105-PWS-E on February 24, 2001 assessing $3,906 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MOSCOW WATER SUPPLY CORPORATION,
Docket No. 2000-0092-MLM-E on February 24, 2001 assessing $7,663 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF PLAINVIEW, Docket No. 2000-
0893-MSW-E on February 24, 2001 assessing $1,000 in administrative penalties
with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting
SUSAN JOHNSON, Enforcement Coordinator at (512)239-2555, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF PERRYTON, Docket No. 2000-0926-
MSW-E on February 24, 2001 assessing $900 in administrative penalties with
$180 deferred.
Information concerning any aspect of this order may be obtained by contacting
KENT HEATH, Enforcement Coordinator at (512)239-4575, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding T REX CONSULTING, INC., Docket No.
2000-0649-MSW-E on February 24, 2001 assessing $3,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
JAYME BROWN, Enforcement Coordinator at (512)239-1683, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF ALICE, Docket No. 2000-0500-
MSW-E on February 24, 2001 assessing $1,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ALBERT H. KORENEK DBA COUNTRY OAKS
ARBOR MHP, Docket No. 2000-0723-MWD-E on February 24, 2001 assessing $900
in administrative penalties with $180 deferred.
Information concerning any aspect of this order may be obtained by contacting
ERIKA FAIR, Enforcement Coordinator at (512)239-6673, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF GRAND SALINE, Docket No.
2000- 0682-MWD-E on February 24, 2001 assessing $1,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TERRY MURPHY, Enforcement Coordinator at (512)239-5025, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding RICHEY ROAD MUD, Docket No. 2000-0404-
MWD-E on February 24, 2001 assessing $3,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FORT BEND COUNTY WCID NO. 2, Docket
No. 2000-1006-MWD-E on February 24, 2001 assessing $7,500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
JOHN MEAD, Enforcement Coordinator at (512)239-6010, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF CORPUS CHRISTI, Docket No.
2000-0301-MWD-E on February 24, 2001 assessing $31,250 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding NAMU CORPORATION DBA QUICK STOP,
Docket No. 2000-0581-PST-E on February 24, 2001 assessing $3,500 in administrative
penalties with $700 deferred.
Information concerning any aspect of this order may be obtained by contacting
THOMAS GREIMEL, Enforcement Coordinator at (512)239-5690, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MR. TADDESE FEREDE DBA MOBIL #12-
QDO, Docket No. 2000-0909-PST-E on February 24, 2001 assessing $6,000 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
WENDY COOPER, Enforcement Coordinator at (817)588-5867, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding MINH-HUNG LAM DBA MATHIS COUNTRY
MARKET AND INNPAC ASSOCIATES, L.L.C., Docket No. 2000-0561-PST-E on February
24, 2001 assessing $8,500 in administrative penalties with $1,700 deferred.
Information concerning any aspect of this order may be obtained by contacting
AUDRA BAUMGARTNER, Enforcement Coordinator at (361)825-3312, Texas Natural
Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF CANTON, Docket No. 2000-0700-
PST-E on February 24, 2001 assessing $9,000 in administrative penalties with
$1,800 deferred.
Information concerning any aspect of this order may be obtained by contacting
TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF LAWN, Docket No. 2000-0727-PWS-
E on February 24, 2001 assessing $313 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
KARA DUDASH, Enforcement Coordinator at (915)698-9674, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOWN & COUNTRY FOOD STORES, INC.,
Docket No. 2000-0946-PWS-E on February 24, 2001 assessing $100 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding FLAMINGO LAKES LOT OWNERS ASSOCIATION
DBA FLAMINGO LAKES WATER SYSTEM, Docket No. 2000-1096- PWS-E on February 24,
2001 assessing $313 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding CITY OF BIG SANDY, Docket No. 2000-0966-
PWS-E on February 24, 2001 assessing $313 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting
SANDY VANCLEAVE, Enforcement Coordinator at (512)239-0667, Texas Natural Resource
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding HAROLD BRICE DBA AMISTAD WATER SYSTEM,
Docket No. 1999-0987-PWS-E on February 24, 2001 assessing $2,813 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
VICTOR SIMONDS, Staff Attorney at (512)239-6201, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding DANNY VISCONTI DBA DFW AUTO SALES,
Docket No. 1999-1227-AIR-E on February 24, 2001 assessing $500 in administrative
penalties.
Information concerning any aspect of this order may be obtained by contacting
REBECCA PETTY, Staff Attorney at (512)239-3400, Texas Natural Resource Conservation
Commission, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200101383
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 7, 2001
The Texas Natural Resource Conservation Commission (commission or TNRCC),
under Title 30 TAC Chapter 122 (30 TAC Chapter 122), is providing an opportunity
for public comment and a notice and comment hearing (hearing), if one is requested,
in order to receive testimony concerning the draft Compliance Assurance Monitoring
(CAM) General Operating Permit (GOP) No. 2 and the Periodic Monitoring GOP
No. 2.
The Operating Permit Program under 30 TAC Chapter 122 provides a compliance
and enforcement tool by codifying all applicable air regulatory requirements
for a specific site (major sources, and non-major sources as designated by
the United States Environmental Protection Agency) into an operating permit.
The CAM and periodic monitoring are types of monitoring required by 30 TAC
Chapter 122 for various emission units. Draft CAM GOP No. 2 and draft Periodic
Monitoring GOP No. 2 contain monitoring options that are designed to satisfy
30 TAC Chapter 122. Permit holders will be able to use these monitoring options
to comply with 30 TAC Chapter 122 CAM and periodic monitoring requirements.
If use of a monitoring option is approved by the executive director, the monitoring
option will be codified in the permit or enforceable GOP application for the
site.
For emission units affected, draft CAM GOP No. 2 and draft Periodic Monitoring
GOP No. 2 contain monitoring options for emission limitations and standards
regulating the following source categories: storage tanks (Title 40 Code of
Federal Regulations (CFR) Part 60, Subpart K, Ka and Kb; Title 40 CFR Part
61, Subpart Y; 30 TAC §§115.112 - 115.119; 30 TAC §111.111(a)(4)(A));
loading/unloading (40 CFR 60, Subpart XX; 40 CFR 61, Subpart B; 30 TAC §111.111(a)(4)(A),
30 TAC §§115.211 - 115.219 and 30 TAC §§115.541 - 115.549);
organic solvents (degreasing) (30 TAC §111.111(a)(4)(A) and 30 TAC §§115.412
- 115.419); vent gas (30 TAC §111.111(a)(4)(A) and 30 TAC §§115.121
- 115.129); water separators (30 TAC §111.111(a)(4)(A) and 30 TAC §§115.131
- 115.139); gas sweetening (30 TAC §111.111(a)(4)(A) and 30 TAC §112.7).
Draft CAM GOP No. 2 and draft Periodic Monitoring GOP No. 2 are subject
to the procedural requirements of 30 TAC Chapter 122, which include a 30-day
public comment period with an opportunity to request a hearing. Any person
who may be affected by the emission of air pollutants from emission units
that may be authorized to operate under draft CAM GOP No. 2 or draft Periodic
Monitoring GOP No. 2 is entitled to request, in writing, a hearing on the
relevant draft GOP during the 30-day public notice comment period. If requesting
a hearing, please indicate the draft GOP for which the hearing is requested.
If requested, a hearing will be held in Austin on April 27, 2001, in Building
F, Room 2210, at 2:00 p.m., at the commission's central office located at
12100 Park 35 Circle. The hearing is structured for the receipt of oral or
written comments by interested persons. Individuals may present oral statements
when called upon in order of registration. Open discussion will not occur
during the hearing; however, a TNRCC staff member will be available to discuss
the draft GOPs 30 minutes prior to the hearing and will also answer questions
after the hearing.
Copies of the draft GOPs may be obtained from the commission's Web Site
at
http://www.tnrcc.state.tx.us/permitting/airperm/index.html#oppermits
or by contacting the Texas Natural Resource Conservation Commission,
Office of Permitting, Remediation and Registration, Air Permits Division at
(512) 239-1334. Comments or hearing requests may be mailed to Mr. Bruce McFarland,
Texas Natural Resource Conservation Commission, Office of Permitting, Remediation
and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas
78711- 3087 or faxed to (512) 239-1070. All comments or hearing requests should
reference draft CAM GOP No. 2 or Periodic Monitoring GOP No. 2, as appropriate.
Comments must be received by 5:00 p.m., April 23, 2001. To inquire about the
submittal of comments, to find out if a hearing will be held, or for further
information, contact Mr. Bruce McFarland with the Office of Permitting, Remediation
and Registration, Air Permits Division, at (512) 239-1132.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the agency at
(512) 239-4900. Persons with hearing impairment may call 1-800-RELAY-TX (TDD).
Requests should be made as far in advance as possible.
TRD-200101501
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 13, 2001
The Texas Natural Resource Conservation Commission (TNRCC) will conduct
a hearing on a petition for dissolution of Harris County Municipal Utility
District No. 324 (District) The petition was signed by Robert M. Allen, managing
partner of Yaupon Ranch, L.L.C., a Texas Limited Liability Company, being
the owner of a majority of the property located within the District (Petitioner).
The TNRCC will conduct this hearing under the authority of Chapters 49 and
54 of the Texas Water Code, 30 Texas Administrative Code Chapter 293 and the
procedural rules of the TNRCC. The TNRCC will conduct the hearing at: 9:30
a.m., Wednesday, May 2, 2001 Building E, Room 201S 12100 Park 35 Circle Austin,
Texas . On June 3, 1987, the Texas Water Commission created the District.
It operates under Texas Water Code Chapters 49 and 54 as a municipal utility
district. The Petitioner states the dissolution is desirable since an adjacent
district has expressed a willingness to annex the Petitioner's land and provide
it with utility service. The petition states the District: (1) has performed
none of the functions for which it was created for five consecutive years
proceeding the date of the petition, (2) is financially dormant, and (3) has
no outstanding bonded indebtedness. Certified copies of the Annual Financial
Dormancy and Filing Affidavits for the years 1994 through 1996 and evidence
on nonfiling for 1997 and 1998 are on file. An affidavit from the State Comptroller
of Public Accounts has been included in the petition, certifying that the
District has no bonded indebtedness. If the request for dissolution is approved,
the District's assets, if any, will escheat to the State of Texas and will
be administered by the State Comptroller of Public Accounts and disposed of
in the manner provided by Chapter 74, Property Code.
The TNRCC may grant a contested case hearing on this application if a
written hearing request is filed within 30 days after the newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
the newspaper publication of this notice. To request a contested case hearing,
you must submit the following: (1) your name (or for a group or association,
an official representative), mailing address, daytime phone number, and fax
number, if any; (2) the name of the applicant and the TNRCC Internal Control
Number; (3) the statement "I/we request a contested case hearing"; and (4)
a brief description of how you would be affected by the granting of the request
in a way not common to the general public. You may also submit your proposed
adjustments to the application which would satisfy your concerns. Requests
for a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not approve the
application and will forward the application and hearing request to the TNRCC
Commissioners for their consideration at a scheduled Commission meeting. If
a contested case hearing is held, it will be a legal proceeding similar to
a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning hearing process, contact the Public Interest Counsel, MC 103, the
same address. For additional information, individual members of the general
public may contact the Office of Public Assistance, at 1-800-687-4040. General
information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200101381
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 7, 2001
The Texas Natural Resource Conservation Commission (TNRCC) will conduct
a hearing on a petition for dissolution of Harris County Municipal Utility
District No. 324 (District) The petition was signed by Robert M. Allen, managing
partner of Yaupon Ranch, L.L.C., a Texas Limited Liability Company, being
the owner of a majority of the property located within the District (Petitioner).
The TNRCC will conduct this hearing under the authority of Chapters 49 and
54 of the Texas Water Code, 30 Texas Administrative Code Chapter 293 and the
procedural rules of the TNRCC. The TNRCC will conduct the hearing at: 9:30
a.m., Wednesday, May 9 , 2001 Building E, Room 201S 12100 Park 35 Circle Austin,
Texas . On June 3, 1987, the Texas Water Commission created the District.
It operates under Texas Water Code Chapters 49 and 54 as a municipal utility
district. The Petitioner states the dissolution is desirable since an adjacent
district has expressed a willingness to annex the Petitioner's land and provide
it with utility service. The petition states the District: (1) has performed
none of the functions for which it was created for five consecutive years
proceeding the date of the petition, (2) is financially dormant, and (3) has
no outstanding bonded indebtedness. Certified copies of the Annual Financial
Dormancy and Filing Affidavits for the years 1994 through 1996 and evidence
on nonfiling for 1997 and 1998 are on file. An affidavit from the State Comptroller
of Public Accounts has been included in the petition, certifying that the
District has no bonded indebtedness. If the request for dissolution is approved,
the District's assets, if any, will escheat to the State of Texas and will
be administered by the State Comptroller of Public Accounts and disposed of
in the manner provided by Chapter 74, Property Code.
The TNRCC may grant a contested case hearing on this application if a
written hearing request is filed within 30 days after the newspaper publication
of this notice. The Executive Director may approve the application unless
a written request for a contested case hearing is filed within 30 days after
the newspaper publication of this notice. To request a contested case hearing,
you must submit the following: (1) your name (or for a group or association,
an official representative), mailing address, daytime phone number, and fax
number, if any; (2) the name of the applicant and the TNRCC Internal Control
Number; (3) the statement "I/we request a contested case hearing"; and (4)
a brief description of how you would be affected by the granting of the request
in a way not common to the general public. You may also submit your proposed
adjustments to the application which would satisfy your concerns. Requests
for a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not approve the
application and will forward the application and hearing request to the TNRCC
Commissioners for their consideration at a scheduled Commission meeting. If
a contested case hearing is held, it will be a legal proceeding similar to
a civil trial in state district court.
Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information
concerning hearing process, contact the Public Interest Counsel, MC 103, the
same address. For additional information, individual members of the general
public may contact the Office of Public Assistance, at 1-800-687-4040. General
information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200101491
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 13, 2001
LLOYD E. AND BETTY LEIFESTE,1294 Bandera Highway, Kerrville, Texas, 78028,
applicants, seek an amendment to Certificate of Adjudication No. 12-3775 pursuant
to §11.122, Texas Water Code, and Texas Natural Resource Conservation
Commission Rules 30 TAC § 295.1, et seq. Lloyd E. and Betty Leifeste,
have acquired a portion of Certificate of Adjudication No. 12-3775 which authorizes
owners to divert and use not to exceed 577.66 acre-feet of water per annum
from the Little River, tributary of the Brazos River, Brazos River Basin,
Milam County, for irrigation of 276.03 acres of land out of 540.17 acres out
of a 581.604 acre-tract and a 187.401 acre-tract. The aforesaid acreage for
irrigation is located in the Leander Harl Survey, Abstract No. 194, the James
Montgomery Survey, Abstract No. 259, and the W. D. Thompson Survey, Abstract
No. 363 in Milam County, Texas. The authorized diversion rate is 2.42 cfs
(1090 gpm) and has a time priority of April 10, 1960. Lloyd E. and Betty Leifeste
seek to amend Certificate of Adjudication No. 3775 by adding 264.14 acres
of land for irrigation to the aforesaid 276.03 acres being a total of 540.17
acres located in the Leander Harl Survey, Abstract No. 194, the James Montgomery
Survey, Abstract No. 259, the W. D. Thompson Survey, Abstract No. 363, and
the A. G. Perry Survey, Abstract No. 44. The additional acreage for irrigation
is located nearby and connected to a portion of the existing irrigated land
by an easement for water transportation; and immediately adjacent to another
portion of the existing irrigated land. Applicants also seek to divert and
use not to exceed an additional 500 acre-feet of water per annum at a maximum
combined rate of 6.3 cfs (2830 gpm) to irrigate the aforesaid 540.17 acres
and to add two diversion points to anywhere on the applicant's property between
Latitude 30.864° N, Longitude 96.800° W and Latitude 30.855° N,
Longitude 96.804° W adjoining the Little River in Milam County, Texas.
STONEBRIAR COUNTRY CLUB JOINT VENTURE, 5050 Country Club Drive, Frisco,
Texas 75304, applicant seeks a permit pursuant to §§11.121 and 11.042
of the Texas Water Code, and Texas Natural Resource Conservation Commission
Rules 30 TAC §§ 295.1, et seq. The Executive Director recommends
that mailed and published public notice of the application be given pursuant
to 30 TAC §295.151 to all the water rights owners in the Trinity River
Basin. Pursuant to a compliance agreement with the Texas Natural Resource
Conservation Commission (TNRCC) dated January 15, 2000, Stonebriar Country
Club Joint Venture, applicant, seeks authorization to maintain three (3) existing
on-channel reservoirs (Lakes 2, 3 and 4) located on an unnamed tributary of
Stewart Creek, tributary of Elm Fork Trinity River, tributary of the Trinity
River, Trinity River Basin and impound therein a combined total of 31.68 acre-feet
of contract water and/or reclaimed water. These on-channel reservoirs are
designed to pass-through state water which the applicant is not authorized
to impound. Applicant further seeks to use the bed and banks of the unnamed
tributary of Stewart Creek to convey private water from an off- channel reservoir
(Lake No. 1) through Lake No. 2 and Lake No. 3 to Lake No. 4 for reservoir
operating level maintenance and irrigation. A maximum of 405 acre-feet of
private water per annum, consisting of a combination of treatment plant effluent
from the City of Colony (or another municipality) and discharged directly
into Lake No. 1 and raw water contracted from the City of Dallas, will be
diverted from the perimeter of Lake No. 4 at a maximum rate of 4.46 cfs (2,000gpm),
for irrigation of 336 acres out an 836 acre tract in the W.A. Bridges Survey,
Abstract 113, 18.3 miles southeast of Denton in Denton County, Texas. Ownership
of the property to be irrigated is evidenced by documents filed in Volume
1926, page 118 of the official deed records of Denton County. The center points
on the dams at Stonebriar are located from the southwest corner of the aforesaid
survey as follows: 1. Off-Channel Reservoir 1 - N 78.80°E, 2,245 feet,
Latitude 33.09°N, Longitude 96.85°W, 2. Station 1+46 on Reservoir
2 - N 23.52°E, 2,077 feet, Latitude 33.085°N, Longitude 96.846°W,
3. Station 0+38 on Reservoir 3- N 63.41°E, 1,671 feet, Latitude 33.094°N,
Longitude 96.848°W, 4. Station 0+98 on Reservoir 4 - N 28.072°E, 1,038
feet, Latitude 33.094°N, Longitude 96.850°W. No appropriation or diversion
of state water is being requested by this application. Applicant has indicated
that all reservoirs will be maintained at operating level using either contract
water from the City of Dallas or wastewater treatment plant effluent from
the City of Colony or another municipality. State water to which the applicant
is not entitled will be passed downstream. The permit, if issued, will be
valid only as long as the contracts with the City of Dallas and/or the City
of Colony's, (or another municipal), wastewater treatment plant are in effect.
Written public comments and requests for a public meeting should be submitted
to the Office of the Chief Clerk, at the address provided in the information
section below by March 14, 2001. A public meeting is intended for the taking
of public comment, and is not a contested case hearing. A public meeting will
be held if the Executive Director determines that there is a significant degree
of public interest in the application.
The TNRCC may grant a contested case hearing on this application if a
written hearing request is filed by March 14, 2001. The Executive Director
can consider an approval of the application unless a written request for a
contested case hearing is filed by March 14, 2001. To request a contested
case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone
number, and fax number, if any: (2) applicant's name and permit number; (3)
the statement "[I/we] request a contested case hearing;" (4) a brief and specific
description of how you would be affected by the application in a way not common
to the general public; and (5) the location and distance of your property
relative to the proposed activity. You may also submit any proposed conditions
to the requested amendment which would satisfy your concerns. Requests for
a contested case hearing must be submitted in writing to the TNRCC Office
of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested
amendment and may forward the application and hearing request to the TNRCC
Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting
should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O.
Box 13087, Austin, TX 78711-3087. For information concerning the hearing process,
please contact the Public Interest Counsel, MC 103 at the same address. For
additional information, individual members of the general public may contact
the Office of Public Assistance at 1-800-687-4040. General information regarding
the TNRCC can be found at our web site at www.tnrcc.state.tx.us.
TRD-200101382
LaDonna Castañuela
Chief Clerk
Texas Natural Resource Conservation Commission
Filed: March 7, 2001
In accordance with Texas Health and Safety Code, §361.1855, the executive
director of the Texas Natural Resource Conservation Commission (TNRCC) has
issued a public notice of the determination of proposed non- residential future
land use for the Hall Street State Superfund Site, located at the northeast
corner of the intersection of California Avenue and 20th Street, Dickinson,
Galveston County.
Future land use determination will subsequently impact the remedial investigation
and remedial action for the site. Consequently, the TNRCC will hold a public
meeting to obtain comments on the proposed future land use and take comments
on the facility before completing the remedial investigation and evaluating
remedial actions for the site. The public meeting will be held in the Council
Chambers of Dickinson City Hall, located at 2716 Main Street, Dickinson, Texas
on Thursday, April 26, 2001, at 7:00 p.m. This public meeting will not be
a contested case hearing under the Administrative Procedure Act (Texas Government
Code, Chapter 2001). After the subject meeting is held and future land use
has been determined, a human health risk assessment, ecological risk assessment,
and a feasibility study, or similar study, will be performed to evaluate various
remedial action proposals. The TNRCC will then propose a selected remedy and
hold another public meeting pursuant to Texas Health and Safety Code, §361.187.
The Hall Street Site was proposed in the July 25, 1986 issue of the
During the late 1950s, the site was used for the unpermitted disposal of
wastes. Investigations to determine the nature and extent of contamination
were performed from June 1995 through August 2000. Arsenic and dibenzo(a,h)anthracene
were detected at levels exceeding safe levels for soil exposure; however,
the contamination is within the fenced area of the site, and exposure is unlikely.
Several metals, volatile organic compounds, and semivolatile organic compounds
were detected exceeding the acceptable risk levels for soil leaching to groundwater,
which have the potential to leach from the soil to groundwater. These compounds
are not directly a risk to human health.
Contaminants in shallow groundwater include 1,4-dichlorobenzene, 4-chloroaniline,
benzene, chlorobenzene, 1,2-dichlorobenzene, and lead.
The most recent use of the site was for non-residential purposes; therefore,
the TNRCC is proposing a non- residential (industrial) future land use determination
for consideration in implementing the human health risk, ecological risk assessment,
and feasibility study.
All persons desiring to make comments may do so prior to or at the public
meeting. All comments submitted prior to the public meeting should be sent
to Mr. Dan Switek, TNRCC Remediation Division, MC-143, P.O. Box 13087, Austin,
Texas 78711-3087. A portion of the public records for this site are available
for public review during regular business hours at the Mares Memorial Library,
4324 Highway 3, Dickinson, Texas, or at the TNRCC Records Management Center,
Building D, 12100 North Interstate Highway 35, Austin, Texas 78753, (512)
239-2920 or (800) 633-9363. Copying of file information is subject to payment
of a fee. For further information, please call (800) 633- 9363 or (512) 239-2141.
TRD-200101421
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 9, 2001
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On March 6, 2001, ARBROS Communications Licensing Company Texas, L.L.C.
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 60432. Applicant intends to transfer majority
ownership and control of Comm South Companies, Inc. to ARBROS Communications,
Inc.
The Application: Application of ARBROS Communications Licensing Company
Texas, L.L.C. for an Amendment to its Service Provider Certificate of Operating
Authority, Docket Number 23788.
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 March 28, 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) 936-7003. All correspondence
should refer to Docket Number 23788.
TRD-200101447
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on February 27, 2001, for waiver of certain
requirements of P.U.C. Substantive Rule §25.236, Recovery of Fuel Costs.
Docket Title and Number: Application of Central Power and Light Company
(CPL) to Defer Fuel Reconciliation Filing Schedule Contained in P.U.C. Substantive
Rule §25.236(b). Docket Number 23743.
The Application: Pursuant to P.U.C. Substantive Rule §25.3, CPL seeks
a good cause waiver of the standard filing schedule for fuel reconciliations
contained in P.U.C. Substantive Rule §25.236(b). The rule provides that
any petition for reconciliation shall contain a maximum of three years and
a minimum of one year of reconcilable data and will be filed not later than
six months after the end of the period to be reconciled. In accordance with
the current rule schedule, CPL asserts it must file a fuel reconciliation
no later than December 31, 2001 for the three-year reconciliation period ending
June 30, 2001. CPL seeks a good cause waiver to file a single fuel reconciliation
for a forty-two month reconciliation period ending December 31, 2001. CPL
requests that the commission find good cause to waive the standard filing
schedule and authorize CPL to defer its next fuel reconciliation filing until
its final fuel reconciliation filing made pursuant to §39.202(c) of the
Public Utility Regulatory Act.
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 Public Utility Commission 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 23743.
TRD-200101494
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on March 5, 2001, for waiver of certain
requirements of P.U.C. Substantive Rule §25.381, Capacity Auctions.
Docket Title and Number: Application of Southwestern Public Service Company
(SPS) for Good Cause Exception to P.U.C. Substantive Rule §25. 381(e)(3).
Docket Number 23786.
The Application: Pursuant to P.U.C. Substantive Rule §25.3, SPS requests
the commission to grant it a good cause waiver to the filing requirements
of P.U.C. Substantive Rule §25.381(e)(3) in light of pending legislation
in Texas and New Mexico that would directly impact SPS. SPS states that there
is now pending in Texas and New Mexico, legislation amending restructuring
laws that would significantly effect SPS's ability to file a plan for its
capacity entitlement auction in Texas. SPS seeks to delay the filing of its
Capacity Entitlement Auction Plan until the end of the current Texas legislative
session.
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 Public Utility Commission 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 23786.
TRD-200101496
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on February 28, 2001, for waiver of certain
requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of
Bills.
Docket Title and Number: Application of Southwestern Bell Telephone Company
(SWBT) for Temporary Waiver Regarding Certain Provisions of the Bill Formatting
Requirements in P.U.C. Substantive Rule §26.25. Docket Number 23754.
The Application: Pursuant to P.U.C. Substantive Rule §26.3, SWBT seeks
a good cause waiver from February 15, 2001 to August 15, 2001 to complete
all the programming changes required to implement the new bill format and
to bring its bills into full compliance with P.U.C. Substantive Rule §26.25.
In an attachment to the application, SWBT provides a timeline to describe
the numerous meetings SWBT has had with commission staff since October 1999,
in a joint effort to ensure that SWBT's bills comply with P.U.C. Substantive
Rule §26.25. SWBT states that it was not able to complete all the changes
that SWBT felt, based upon discussions with and feedback from staff on September
22, 2000, would bring its bills into compliance by February 15, 2001. SWBT
states it will be able to complete those changes by April 15, 2001.
Based on staff's further requests of October 4, November 9, November 14,
2000, February 1, February 8, and February 15,2001, SWBT is making additional
changes. SWBT states that it is expeditiously working to complete staff's
suggestions as soon as possible, however, SWBT will not be able to complete
all the programming changes until August 15, 2001.
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 Public Utility Commission 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 23754.
TRD-200101495
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of an application, filed on February 6, 2001, to amend
a certificate of convenience pursuant to P.U.C. Substantive Rule §26.101(b)(4).
A summary of the application follows.
Docket Style and Number: Application of Southwestern Bell Telephone Company
(Bell) to amend a certificate of convenience and necessity within Dallas County,
Texas. Docket Number 23657.
The Application: Bell seeks to realign central office boundaries to transfer
approximately 40 acres from the Grand Prairie central office to the Mid Cities
central office serving area in the Grand Prairie zone of the Dallas Metropolitan
exchange. The area to be transferred from the Grand Prairie central office
to the Mid Cities central office is currently vacant, but will be under development
in the near future. Bell has identified that this realignment will allow service
to be provided more efficiently and economically. No customers exist today
in this area; therefore, there is no impact to customers, no change to calling
scopes and no change to exchange rates. No other utility is affected by this
application. Pursuant to P.U.C. Substantive Rule §26.101(b)(4), the presiding
officer must enter a final order in this docket within one year of the filing
of the 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.
TRD-200101446
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 9, 2001
The public hearing currently scheduled for April 13, 2001 in Project Number
23157,
PUC Rulemaking Proceeding to Revise PUC Transmission
Rules Consistent with the New ERCOT Market Design
, is rescheduled to
avoid conflict with observance of Good Friday. The new date for the public
hearing on this rulemaking under Government Code §2001.029 is Monday,
April 16, 2001 beginning at 9:30 a.m. in the Commissioners' Hearing Room located
on the seventh floor of the William B. Travis Building, 1701 North Congress
Avenue, Austin, Texas 78701.
Questions concerning Project Number 23157 may be referred to Jan Bargen,
Policy Development Division, (512) 936-7243. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200101485
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 12, 2001
On March 5, 2001, Southwestern Bell Telephone Company and ATS Telecommunications
Systems, Inc., collectively referred to as applicants, filed a joint application
for approval of amendment to an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA).
The joint application has been designated Docket Number 23784. 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
23784. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by April 6, 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. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136. All correspondence should refer to Docket Number 23784.
TRD-200101481
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 12, 2001
On March 5, 2001, Southwestern Bell Telephone Company and Paetec Communications,
Inc., collectively referred to as applicants, filed a joint application for
approval of amendment to an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA).
The joint application has been designated Docket Number 23785. 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
23785. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by April 6, 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. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136. All correspondence should refer to Docket Number 23785.
TRD-200101482
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 12, 2001
On March 7, 2001, Southwestern Bell Telephone Company and Covad Communications
Company, collectively referred to as applicants, filed a joint application
for approval of amendment to an existing interconnection agreement under §252(i)
of the federal Telecommunications Act of 1996, Public Law Number 104-104,
110 Statute 56, (codified as amended in scattered sections of 15 and 47 United
States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities
Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA).
The joint application has been designated Docket Number 23803. 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
23803. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by April 6, 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. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136. All correspondence should refer to Docket Number 23803.
TRD-200101484
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 12, 2001
On March 12, 2001, Southwestern Bell Telephone Company and Nextel of Texas,
Inc., 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 23817. 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
23817. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by April 11, 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 Public Utility Commission 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 23817.
TRD-200101500
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
On March 7, 2001, United Telephone Company of Texas, Inc., doing business
as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively,
Sprint), and New Connects, 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 23795. 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 23795. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by April 6, 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. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136. All correspondence should refer to Docket Number 23795.
TRD-200101483
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 12, 2001
On March 9, 2001, ClearSource, Inc. and Verizon Southwest, collectively
referred to as applicants, filed a joint application for approval of 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 23809. The joint application and the underlying interconnection agreement
is 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 23809. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by April 11, 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 Public Utility Commission 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 23809.
TRD-200101497
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
On March 9, 2001, Trinity Valley Services, Inc. and Verizon Southwest,
collectively referred to as applicants, filed a joint application for approval
of 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 23810. The joint application and the underlying interconnection
agreement is 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 23810. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by April 11, 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 Public Utility Commission 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 23810.
TRD-200101498
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
On March 9, 2001, GCEC Technologies and Verizon Southwest, collectively
referred to as applicants, filed a joint application for approval of 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 23811. The joint application and the underlying interconnection agreement
is 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 23811. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by April 11, 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 Public Utility Commission 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 23811.
TRD-200101499
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
The Public Utility Commission of Texas will conduct a pre-hearing conference
on Monday, March 26, 2001, from 9:30 a.m. to noon in the Commissioners' Hearing
Room, located on the 7th floor of the William B. Travis Building, 1701 North
Congress Avenue, Austin, Texas 78701, to discuss:
1. Whether proposed Substantive Rule §25.476, relating to Labeling
of Electricity with Respect to Fuel Mix and Environmental Impact, as published
in the
Texas Register
on February 2, 2001
at 26 TexReg 1051, should be re- published with language that specifically
allows entities other than power generation companies to issue certificates
for generation assets they own; and
2. the interrelation of the proposed rule with Section 14 of the Electric
Reliability Council of Texas (ERCOT) protocols.
This conference will be part of the record in Project Number 22816,
The commission will request that a court reporter attend this pre-hearing
conference. Please be advised, however, that unless one or more of the parties
contact Kennedy Reporting and indicate that they wish to purchase a transcript,
that request will be cancelled and the proceeding may not be transcribed by
a court reporter.
Background material, as well as a copy of the proposed rule that was published
in the
Texas Register
on February 2, 2001,
may be found on the Internet web site for Project Number 22816, at http://www.puc.state.tx.us/rules/rulemake/22816/22816.cfm.
Questions concerning this pre-hearing conference/workshop or this notice
should be referred to David Hurlbut, Policy Development Division, at (512)
936-7216. Hearing and speech-impaired individuals with text telephones (TTY)
may contact the commission at (512) 936-7136.
TRD-200101493
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 13, 2001
Supreme Court Rules Advisory Committee Meeting
Pursuant to Supreme Court of Texas Misc. Docket Order No. 99-9167, the
Supreme Court Rules Advisory Committee publishes notice of the following meeting
open to the public. The Supreme Court Rules Advisory Committee will meet
The agenda for the meeting includes: (1) call to order; (2) discussion
relating to previous advisory committee proposals submitted to the Supreme
Court, including discussion of the status of proposals submitted to the Supreme
Court relating to changes in the Texas Rules of Civil Procedure, Texas Rules
of Appellate Procedure, and the Texas Parental Notification Rules; (3) reports
related to proposals to amend, change, or modify the Texas Rules of Civil
Procedure relating to discovery disclosures in family law cases, the Texas
Rules of Civil Procedure and the Texas Rules of Appellate Procedure relating
to issues involving the finality of judgments; Rules 701 and 702, Texas Rules
of Evidence, the Texas Rules of Civil Procedure relating to the grounds for
and the method of disqualifying and recusing judges, and the Texas Rules of
Civil Procedure relating to the service of citation and process; and (4) other
business, including review of public comments or other proposals to amend,
change, or modify the rules and procedures for the courts of the state of
Texas.
Additional information related to this meeting may be obtained from Chris
Griesel, Rules Attorney, at (512) 463-6645 or by e-mail at chris.griesel@courts.state.tx.us
.Comments on any rule change proposal, including a rule proposal made at this
meeting, may be submitted to: Rules Attorney, Supreme Court of Texas, P.O.
Box 12248, Austin , Texas 78711 or by email to chris.griesel@courts.state.tx.us
.
Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services or others who may need additional assistance
are requested contact Chris Griesel at (512) 463-6645 at least two (2) working
days before the meeting so that the appropriate arrangements may be made.
TRD-200101520
John Adams
Clerk
Supreme Court of Texas
Filed: March 14, 2001
Coastal Coordination Council
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Department of Criminal Justice
Deep East Texas Local Workforce Development Board, Inc.
Texas Education Agency
Request for Applications for English Literacy and Civics Education, 2001-2004
Texas General Land Office
Texas Department of Health
Notice of Amendment to the Texas Schedule of Controlled Substances
Notice of Emergency Cease and Desist and Impoundment Order Issued to Siemens Medical Systems
Notice of Emergency Cease and Desist and Impoundment Order on Bandy & Associates, Inc.
Notice of Emergency Cease and Desist and Impoundment Order on Robco Production Logging, Inc.
Notice of Intent to Revoke Certificates of Registration
Notice of Intent to Revoke Radioactive Material Licenses
Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation Issued to CYVON Imaging, Inc., DBA Community Diagnostics
Notice of Revocation of the Radioactive Material License of El Paso Inspection, Inc.
Texas State Affordable Housing Corporation
Notice of Public Hearing
Notice of Public Hearing
Houston-Galveston Area Council
Request for Proposals
Texas Department of Human Services
Texas Department of Insurance
Notice of Public Hearing
Third Party Administrator Applications
Texas Natural Resource Conservation Commission
Notice of Public Comment and Hearing
Notice of Revised Water District Applications
Notice of Revised Water District Applications
Notice of Water Rights Applications
Public Notice
Public Utility Commission of Texas
Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §25.236
Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §25.381
Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25
Notice of Application to Amend Certificate of Convenience
Notice of Schedule Change for Public Hearing
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Amendment to Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Interconnection Agreement
Public Notice of Joint Pre-Hearing Conference and Workshop
Supreme Court of Texas
University of Houston