ISSUE OF September 27, 1991" In Addition The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Air Control Board Notice of Contested Case Hearing Number 287 An examiner for the Texas Air Control Board (TACB) will conduct a contested case hearing to consider whether or not Emergency Order Number 91-12 issued by the executive director of the TACB on September 10, 1991 pursuant to TACB sec.116. 13 should be affirmed, modified, or set aside. Emergency order Number 91-12 authorized La Gloria Oil and Gas Company (the applicant) to construct a replacement for the Number 6 Boiler at the Tyler refinery located at 1702 East Commerce Street in Tyler, Smith County, Texas 75710. Deadline for Requesting to be a Party. At the hearing, only those persons admitted as parties and their witnesses will be allowed to participate. Presently, the only prospective parties are the applicant and the TACB staff. Any person who may be affected by emissions from the proposed construction who wants to be made a party must send a specific written request for party status to Hearings Examiner Cindy Hurd and make sure that this request is actually received at the TACB Central Office, 12124 Park 35 Circle, Austin, Texas 78753 by 5 p.m. on Monday, October 7, 1991. The examiner cannot grant party status after that deadline unless there is good cause for the request arriving late. Hearing requests, comments, or other correspondence sent to the TACB before publication of this notice will not be considered as a request for party status. Prehearing Conference. The examiner has scheduled a prehearing conference at 1:30 p.m. on Thursday, October 10, 1991 at the TACB Central Office in Room 143- E, 12124 Park 35 Circle, Austin, Texas 78753. At this conference the examiner will consider any motions of the parties, but may grant contested motions for continuance only upon proof of good cause. The examiner will also establish a specific date prior to the hearing on the merits for the exchange of written and documentary evidence. Time and Place of Hearing. The examiner has set the hearing to begin at 1:30 p.m. on Tuesday, October 22, 1991 at the TACB Central Office in Room 143-E, 12124 Park 35 Circle, Austin, Texas 78753. What the Applicant Must Prove. This hearing is a contested case hearing under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.13. It is generally conducted like a trial in district court. La Gloria Oil and Gas Company must demonstrate, by a preponderance of the evidence, that the proposed construction with associated emissions will meet the requirements of the Texas Clean Air Act, the Health and Safety Code (the Act), Chapter 382, sec.382.063 and TACB sec.116.13. Public Attendance and Testimony. Members of the general public may attend the hearing. Those who plan to attend are encouraged to telephone the TACB Central Office in Austin at (512) 908-1770 a day or two prior to the hearing date in order to confirm the setting, since continuances are sometimes granted. Any person who wants to give testimony at the hearing, but who does not want to be a party, may call the Hearings Section of the TACB Legal Division at (512) 908- 1770 to find out the names and addresses of all admitted parties who may be contacted about the possibility of presenting testimony. Information About the Order and TACB Rules. Information about the order and copies of the TACB's rules and regulations are available at the TACB Regional Office located at 1304 South Vine Avenue, Tyler, Texas 75701, the TACB Central Office located at 12124 Park 35 Circle, Austin, Texas 78753, and at the Tyler City Hall office located at 212 North Bonner Avenue, Tyler, Texas 75702. Legal Authority. This hearing is called and will be conducted under the authority of the Act, sec.sec.382.029, 382.030, 382.031, and 382.063 and TACB sec.sec.103.11(5), 103.31, 103.41, and TACB sec.116.13(c). Issued in Austin, Texas, on September 18, 1991. TRD-9111555 Steve Spaw, P.E. Executive Director Texas Air Control Board Filed: September 19, 1991 For further information, please call: (512) 908-1451 Texas Commission on Alcohol and Drug Abuse Statewide Advisory Council Meeting The Statewide Advisory Council of the Texas Commission on Alcohol and Drug Abuse meet Thursday, October 10, 1991, 8:30 a.m. to 5 p.m. and Friday October 11, 1991, 8:30 a.m. to 12 noon. The meeting will be held at the Sheraton Corpus Christi Bayfront Hotel, 707 North Shoreline Boulevard, Corpus Christi. Issued in Austin, Texas, on September 19, 1991. TRD-9111570 Bob Dickson Executive Director Texas Commission on Alcohol and Drug Abuse Filed: September 19, 1991 For further information, please call: (512) 867-8700 Comptroller of Public Accounts Local Sales Tax Changes Effective October 1, 1991 In addition to the local sales tax changes published in the July 30, 1991, issue of the Texas Register (16 TexReg 4182), the city sales tax rate in the City of Anson will increase by 1/2% effective October 1, 1991. The additional sales tax is for economic and industrial development. The combined state, city, and county sales tax rate will be 7 3/4%. Issued in Austin, Texas, on September 18, 1991. TRD-9111522 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Filed: September 18, 1991 For further information, please call: (512) 463-4028 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, 1.05, 1.11, and 15.02, as amended (Texas Civil Statutes, Articles 5069-1.04, 1.05, 1.11, and 15.02). [graphic] Issued in Austin, Texas, on September 16, 1991. TRD-9111517 Al Endsley Consumer Credit Commissioner Filed: September 18, 1991 For further information, please call: (512) 479-1280 Texas Department of Criminal Justice Correction of Error The Texas Department of Criminal Justice submitted adopted amendments to 37 TAC sec.152.3, for publication in the September 24, 1991, issue of the Texas Register (16 TexReg 5261). Due to a layout error by the Texas Register , item number (10) was omitted from a table of "Discretionary Factors" in subsection (c). The subsection should read as follows: "(c) The board assigns the following weight to each statutory and discretionary factor: [graphic] Texas Education Agency Notice of Contract Award This contract award is filed in accordance with Texas Civil Statutes, Aricle 6252-11c. Description: After publication of a consultant proposal request in the October 9, 1990, issue of the Texas Register (15 TexReg 5966) to provide support services for the Texas student assessment program, 1991-1993, the Texas Education Agency has awarded two contracts to National Computer Systems, P.O. Box 30, Iowa City, Iowa, 52244. Materials produced as a result of this contract are secure, as specified in the Texas Education Code, sec.21.556. Dates of Project: The contracts are effective from January 14, 1991-August 31, 1991, and September 1, 1991-August 31, 1993. Contract Amount: The amounts for these contracts are $1,024,872 for January 14, 1991-August 31, 1991, and $17,221, 472 for September 1, 1991-August 31, 1993. Final Report: A final report will be required for each complete fiscal year of these contracts. The first report will be due on August 31, 1992 and the second on August 31, 1993. For further information about these contracts, please contact Keith Cruse, Director, Division of Student Assessment, Texas Education Agency, (512) 463-9536. Issued in Austin, Texas, on September 23, 1991. TRD-9111668 Lionel R. Meno Commissioner of Education Filed: September 23, 1991 For further information, please call: (512) 463-9701 Notice of Intent to Contract This notice of intent to contract is filed pursuant to the provisions of Texas Civil Statutes, Article 6252-11c. The Texas Education Agency is conducting a study comparing the performance of 11th-grade students on the Texas Academic Skills Program (TASP) test and the Texas assessment of academic skills (TAAS). The purpose of the study is to determine the equivalency of the two tests and whether a specified level of performance on the TAAS would meet the required passing performance on the TASP test to 3,000 11th-grade students in order to obtain data for the study. National Evaluation Systems, Inc., is the only company with access to the secure test items and psychometric data for the test, and will be contracted for the test administration and related services, such as planning, producing test materials, scoring of multiple-choice test items, holistic scoring of essays, and score reporting. It is the intent of the Texas Education Agency to contract with National Evaluation Systems, Inc., in the amount of $92,500. For additional information, contact the Assistant Commissioner for Assessment, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9533. Issued in Austin, Texas, on September 20, 1991. TRD-9111669 Lionel R. Meno Commissioner of Education Filed: September 23, 1991 For further information, please call: (512) 463-9701 General Land Office Request For Comments As required by the Act of June 7, 1991, Senate Bill 1053, Chapter 295, 72nd Legal, the General Land Office (GLO) is drafting rules to guide local governments bordering the seaward shore of the Gulf of Mexico in developing local beach access and dune protection plans. The following outlines basic elements of beach access plans and dune protection programs. The GLO seeks comments from affected local governments, beachfront property owners, and other on the topics addressed and any suggestions for other areas that could be included in the standards for local beach access plans and dune protection programs. Beach Access Ways. To what degree of detail should plans for current beach access describe the current status of pedestrian and vehicular beach access number and design of of goals should be included for the size, design, and acquisition of future What guidelines should be included on the amount or frequency of access points? Beach Fees and Revenues. What are appropriate guidelines for allowable fees (i.e., entry fees, parking fees, etc.) and the amount of fees that can be collected without impeding public access rights? What are appropriate uses of the revenue collected? What other revenue measurers can be used with or in lieu of beach fees? What type of reporting program on the collection and use of revenues should be required? Vehicular Access. How should the desirability or necessity of vehicular access or traffic on the beaches be addressed? If the local government determines vehicular traffic is not desirable or feasible, how can vehicular traffic be phased out and what measures should be taken to provide easy access by foot? What limitations on vehicular traffic are necessary strictly for safety purposes and what limitations are necessary or desirable for environmental, aesthetic, and other purposes? To what degree of detail should plans indicate current parking capacity and locations? Beachfront Development. To what degree should the severity of erosion in the community be addressed and how should erosion control be considered and addressed in the plan? What does the community consider desirable and appropriate land uses for beachfront property-e.g., commercial, high rise, residential, etc.? What other factors should be considered in the plans-e.g., preservation of the view, environmental concerns, and erosion avoidance? How can existing federal flood plain building standards be incorporated into the local plans? How should post-storm reconstruction issues be addressed? How would the community monitor and enforce compliance with its plan? Beach Parks and Cleanup. How do parks and other public facilities fit into plans to improve beach access? What are appropriate maintenance procedures and cleaning methods for the beach? Dune Protection. To what degree should the community inventory existing dunes and possible critical dune areas within the community? What are the community's goals for dune protection-e.g., environmental and aesthetic benefits, flood protection, erosion protection? How will the community preserve existing dunes? Will the creation of artificial dunes be provided for by the community? What other factors need to be considered in establishing a dune protection program- e.g., impacts to vegetation, sand budget, weakening of dune system's resistance to storm surge? Administrative Matter. What are appropriate permitting procedures for beachfront development? How will local governments review and consider GLO and Attorney General comments on proposed projects? In addition to the Dune Protection Act and Open Beaches Act, what legal authorities will governments rely on to implement and enforce beach access plans and dune protection programs? What are appropriate procedures for adoption and amending beach plans? Please address written comments to Sally Davenport, Director, Coastal Division, Resource Managements and Development, General Land Office, 1700 North Congress Avenue, Austin, Texas 78701. Comments should be submitted within the next 45 days to ensure full consideration. Issued in Austin, Texas, on September 18, 1991. TRD-9111590 Garry Mauro Commissioner General Land Board Filed: September 20, 1991 For further information, please call: (512) 463-5394 Texas Department of Health Correction of Error The Texas Department of Health submitted proposed new 25 TAC sec.181.26, concerning the filing of birth certificates for infants born in a non-licensed institution, or delivered at home by a documented (identified) midwife or individual. The rule was published August 30, 1991, (16 TexReg 4728). Due to a error in the agency's submission, subsection (d) contains some inaccurate language. Subsection (d) should read as follows. "(d) A certificate described in subsection (b) of this section shall only be filed upon personal presentation of the following evidence by the individual responsible for the preparation and filing of the certificate. The local registrar may accept certificates by mail when the signature of the registered, certified, or documented health care provider is on file with that registrar's office." Designation of Sites Serving Medically Underserved Populations The Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as sites serving medically underserved populations: Parkland Hospital's AIDS Clinic at 5201 Harry Hines Boulevard, Dallas, Texas 75235, and Parkland Hospital's Orthopedic Clinic at 5201 Harry Hines Boulevard, Dallas, Texas 75235. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs. Oral and written comments on the designations may be directed to Carol Daniels, Chief, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7261. Comments will be accepted for 30 days from the date of this notice. Issued in Austin, Texas, on September 19, 1991. TRD-9111551 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: September 19, 1991 For further information, please call: (512) 458-7261 Notice of Emergency Cease and Desist and Impoundment Order is hereby given that the Bureau of Radiation Control (bureau) ordered Isotech Laboratories, Inc. to cease and desist from use of any sources of radiation requiring a license, and to surrender immediately to the bureau for impoundment the radioactive material possessed by the company. The order was issued because the company did not have employed individuals authorized by the bureau to use the radioactive material and did not have a radiation safety officer who was approved by the bureau. of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays). Issued in Austin, Texas, on September 20, 1991. TRD-9111632 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: September 20, 1991 For further information, please call: (512) 835-7000 Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Willard B. Aubrey, D.D.S., Mason, R07896; Bayport Industrial and Ambulatory Surgical Center, Baytown, R14443; Richard L. Dutton, D.D.S., Palestine, R06608; Alan I. Ettinger, D.P.M., P.C., Fort Worth, R11239; Raymond O. Fowler, D.V.M., Huntington, R12226; S. Hudson Frye, D.O., Houston, R13797; Thomas H. Lindsey, D.D.S., Vernon, R09850; Ronald T. May, D.D.S., San Antonio, R04122; Charles L. Moughon, D.D.S., Mineral Wells, R14249; Pioneer Veterinary Supply, Inc., Houston, R12103; J. R. Stovall, D.D.S., Dallas, R06402; Superior Dental Parts and Service Center, Plano, R06917; William M. Thorsell, Jr., D.D.S., Inc., Houston, R07997. 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 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 David K. Lacker, 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, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on September 20, 1991. TRD-9111630 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: September 20, 1991 For further information, please call: (512) 835-7000 Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Total Equipment Management Service, Inc., Dallas, R15626; Luke R. Long, Houston, R14850. 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 Health and Safety Code, Chapter 401. If the items in the complaints are corrected 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 David K. Lacker, 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 items in the complaints are not corrected, 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, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on September 20, 1991. TRD-9111631 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: September 20, 1991 For further information, please call: (512) 835-7000 Notice of Intent to Revoke Radioactive Material Licenses Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: Clinlab, Incorporated, Dallas, L02383; James R. Maxfield, M.D., Dallas, L02938; S & E Engineering, Houston, L04138; BDC Electronics, Inc., Midland, L03865. 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 Health and Safety Code, Chapter 401. If the items in the complaints are corrected 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 David K. Lacker, 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 items in the complaints are not corrected, 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, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on September 20, 1991. TRD-9111633 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: September 20, 1991 For further information, please call: (512) 835-7000 Permit Application for Municipal Solid Waste Site Notice of Filing The City of Floydada has filed Application Number 2207 with the Texas Department of Health for a permit to operate a proposed Type I municipal solid waste site (landfill) to be located southeast of Floydada, 1.5 miles east of the intersection of US 62/70 and FM 1958, and 0.3 mile south of US 62/70 in Floyd County. The site covers approximately 48.99 acres of land and is to daily receive approximately 13.75 tons of solid waste under the regulatory jurisdiction of the Texas Department of Health for disposal or other processing in accordance with the department's "Municipal Solid Waste Management Regulations." A technical review of the application is being made by the department's Bureau of Solid Waste Management and various state and local agencies which have a jurisdictional interest. No public hearing will be held on this application unless a person affected has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, has suffered or will suffer actual injury or economic damage by the granting of the application. If a hearing is requested by a person affected, or if the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be provided to the requester and will also be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Requests for a public hearing and/or requests for a copy of the application shall be submitted in writing to the Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. A copy of the application may be reviewed at the Bureau of Solid Waste Management, phone (512) 458-7271. Issued in Austin, Texas, on September 20, 1991. TRD-9111639 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: September 20, 1991 For further information, please call: (512) 458-7271 Permit Applications The Town of Pecos City has filed Application Number 2120 with the Texas Department of Health for a permit to operate a proposed Type I municipal solid waste site (landfill) to be located south of the Pecos Municipal Airport, 1.8 miles south of the intersection of IH 20 and SH 17, and 0.4 mile east of SH 17 in the Town of Pecos City, Reeves County. The application covers approximately 159.78 acres of land and seeks a permit to receive solid wastes under the regulatory jurisdiction of the department for disposal or other processing in accordance with the said department's "Municipal Solid Waste Management Regulations." A technical review of the application is being made by the department's Bureau of Solid Waste Management and will be made by various state and local agencies which have a jurisdictional interest. Before the issuance or denial of a permit, an opportunity for a public hearing on the application will be published in a newspaper regularly published or circulated in the county in which the site is located. Persons affected will have 30 days in which to request a hearing. If a hearing is requested a person affected having a justiciable interest, or if after completion of the technical review of the application the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Additional information concerning this application should be requested from the previously named applicant or from the Bureau of Solid Waste Management, Texas Department of Health, Austin, (512) 458-7271. Issued in Austin, Texas, on September 20, 1991. TRD-9111640 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: September 20, 1991 For further information, please call: (512) 458-7271. Texas Department of Insurance Company Licensing The following applications have been filed with the Texas Department of Insurance and are under consideration: (1) Application for admission to do business in Texas for Agency for Insuring Americans Company (assumed name for American Insurance Administrators, Inc.), a foreign third party administrator. The home office is Columbus, Ohio. (2) Application for admission to do business in Texas for Aseguradora Mexicana, S. A., a foreign fire insurance company. The home office is in Cuauhtemoc, Mexico. (3) Application for name change of First Continental Life & Accident Insurance Company of Texas, a domestic life insurance company. The home office is in Amarillo, Texas. The proposed new name is Beneficial Standard Life Insurance Company of Texas. (4) Application for incorporation in Texas for Credit General Insurance Company of Texas, a domestic fire insurance company. The home office is in Austin, Texas. (5) Application for incorporation in Texas for First Insurance Group, Inc., a domestic third party administrator. The home office is in Dallas, Texas. (6) Application for admission to do business in Texas for HealthStream Services, Inc., a foreign third party administrator. The home office is in Chattanooga, Tennessee. (7) Application for admission to do business in Texas for Managed Health Funding Insurance Administrators, (assumed name for Managed Health Funding, Inc.) , a foreign third party administrator. The home office is in Woodland Hills, California. (8) Application for admission to do business in Texas for Prudential National Insurance Company, a foreign fire insurance company. The home office is in Phoenix, Arizona. Issued Austin, Texas, on September 20, 1991 TRD-9111642 Angelia Johnson Assistant Chief Clerk Texas Department of Insurance Filed: September 20, 1991 For further information, please call: (512) 463-6327 Texas Parks and Wildlife Department Notice of Public Hearing to Consider Pipeline Easement Notice of Hereby Given That Valero Transmission, L.P., P.O. Box 500, San Antonio, Texas 78292-2000, has applied to the Texas Parks and Wildlife Department for an easement to lay a gas transmission pipeline across the Penitas Unit of the Las Palomas Wildlife Management Area in Hidalgo County. The executive director of the department has appointed a hearing examiner to conduct a hearing as authorized by Chapter 26, Texas Parks and Wildlife Code, as follows: Date: October 17, 1991, Time: 10 a.m., Place: Room C-200m, Texas Parks and Wildlife Department, Headquarters Building, 4200 Smith School Road, Austin. The applicant may appear in person or by attorney to present evidence supporting its application. This hearing will be held under the authority of and in accordance with Chapter 26 or the Texas Parks and Wildlife Code and Administrative Procedure and Texas Register Act, Texas Civil Statutes Article 6252-13a (Vernon Supplement 1991). The record of the proceeding will include evidence and testimony taken at the public hearing. Evidence or testimony may be presented orally or in writing, subject to the requirements of the Administrative Procedure and Texas Register Act. The hearing may be continued from time to time and place to place, if necessary, to develop all relevant evidence bearing on the subject of the hearing. The examiner retains the right to schedule or reschedule hearings as necessary. Further information concerning the basis of this proceeding, if available, may be obtained by contacting John Foshee, Land Management Counsel, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4806. information concerning may procedures of the hearing or scheduling may be obtained by contacting the undersigned at the Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4867. Issued in Austin, Texas, on September 20, 1991. TRD-9111617 Jennifer Mellett Hearing Examiner Texas Parks and Wildlife Department Filed: September 20, 1991 For further information, please call: (512) 389-4867 Notice of Public Hearing to Revoke Resident General Commercial Fishing License Notice of Public Hearing to Revoke Resident General Commercial Fishing License Number 372-09912-2 Issued To David R. Ivanoski. Notice is Hereby Given That David R. Ivanoski, whose address is HCO Box 455j, Rockport, Texas 78382, to show cause why the above described license should not be terminated and rvoked for grounds, to wit: On June 9, 1991, Mr. Ivanoski unlawfully took shrimp from Copano bay, a designated shrimp nursery area in violation of the Parks and Wildlife Code, sec.77.094. Mr. Ivanoski was convicted of the same offense on June 4, 1991. Mr. Ivanoski thus violated a provision of the Parks and Wildlife Code relating to the above described license. After notice and hearing, the Executive Director is empowered to revoke licenses issued under the Parks and Wildlife Code pursuant to the Code, sec.12. 501 et seq. The executive director has appointed a hearing examiner to conduct such a hearing on this matter as follows: Date: October 8, 1991, Time: 2 p.m., Place: Room C-200, Texas Parks and Wildlife Department, Headquarters Building, 4200 Smith School Road, Austin. Issued in Austin, Texas, on September 20, 1991. TRD-9111616 Jennifer Mellett Hearing Examiner Texas Parks and Wildlife Department Filed: September 20, 1991 For further information, please call: (512) 389-4867 Texas State Board of Pharmacy Election of Officers The Texas State Board of Pharmacy announces the election of the following officers for fiscal year 1991 (September 1, 1991-August 31, 1992): Charles L. Rittenberry Amarillo, President; Michael Lester, R.Ph., Dallas, Vice President; Ann H. Peden, R.Ph., Hondo Treasurer. Issued in Austin, Texas, on September 16, 1991. TRD-9111524 Fred S. Brinkley, Jr., R.Ph. Executive Director/Secretary Texas State Board of Pharmacy Filed: September 18, 1991 For further information, please call: (512) 832-0661 Public Utility Commission of Texas Request for Proposal for the Financial Audit of Relay Texas The Public Utility Commission of Texas (PUC) is seeking an auditor to perform a financial audit of Relay Texas for the start up phase and for the fiscal year ending 1991, with the option to renew for the fiscal year ending 1992. This audit is being undertaken pursuant to the commission's responsibility under the Texas Public Utility Regulatory Act (PURA), Article XIV, sec.96A to implement a statewide telecommunications dual-party relay service (DPRS). The commission will use the audit to ensure that Texas' DPRS, Relay Texas, is being managed in compliance with the relevant rules and procedures by its contractor, Sprint Services. In 1989 the Texas Legislature established the DPRS to provide the hearing- impaired and speech-impaired with access to the telecommunications network in Texas equal to that provided other customers. Relay Texas began operations in September 1990. The universal service fund (USF) subsidizes the costs of the program. The DPRS is designed to enable persons with a hearing or speech impairment utilizing a telecommunications device for the deaf (TDD) or other automated device to communicate with persons not using such equipment. The offices of Sprint Services and US Sprint and the records to be audited are located in Overland Park, Kansas and Kansas City, Missouri. The dual-party relay service center is located in Austin. A general description of the accounting system followed by the Sprint Services and US Sprint staff in the course of their duties is included in the request for proposal. In addition to introductory information, the request for proposal includes details regarding audit objectives and scope, information required from the contractor, criteria for selection, project administration, and conditions. Auditors interested in receiving a complete copy of the request for proposal should contact Stephanie Goldman, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Suite 400N, Austin, (512) 458-0115. Proposals will be due on or before 3 p.m., Friday, November 8, 1991. All proposals will be evaluated by a committee of qualified PUC personnel that will identify those proposals that most closely meet the requirements of the RFP. The staff will forward its recommendations to the commissioners, who will make the final selection. An open meeting will be scheduled at which the finalist may be required to make an oral presentation of their proposals and answer questions. Issued in Austin, Texas, on September 20, 1991. TRD-9111637 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: September 20, 1991 For further information, please call: (512) 458-0100 Texas Racing Commission Correction of Error The Texas Racing Commission submitted Emergency, Proposed, and Adopted rules for publication in the September 13, 1991, issue of the Texas Register (16 TexReg 5006, 5007, 5008, 5011, 5014, 5040, 5041, 5067, and 5068). The following typographical errors should be corrected. Page 5006: sec.301.1: Definition of live pari-mutuel pool: "pari-mutuel" should be spelled with "el" instead of "al". Definition of Simulcast pari-mutuel pool" "pari-mutuel" should be spelled with "el" instead of "al". Section 305. 5(a)(1); second "a" should be in brackets. Page 5007: sec.305.33(c)(5): "tot he" should read to the". Page 5008: sec.305.64(1): "than 5.0% " should read "than a 5. 0%"; Preamble to sec.319.3, paragraph 1: "specimen" should read "specimens". Page 5014: sec.321.118(j): "all remaining race comprising" should read "all remaining races comprising". Page 5040: sec.sec.321.201-321.208 Preamble, first paragraph on page: "revenues from pari-mutual wagering" should read "revenues from pari-mutuel wagering". Page 5041: sec.321.203(e): "type" should read "species". Page 5067: sec.309.303, Preamble, paragraph 4: "agreed with and made" should read "agreed with the comments and made". Page 5068: sec.309.355, Preamble, paragraph 4: "agreed with and made" should read "agreed with the comments and made". Section 309.355(g): "At this discretion" should read "At the discretion". Railroad Commission of Texas Correction of Error The Railroad Commission of Texas submitted proposed new 16 TAC sec.11.1081, concerning quarry and pit safety regulations, for publication, September 17, 1991 (16 TexReg 5122). In subsection (b), paragraph (1), the form identified as "safety certificate application-SMRD Form SC1" was omitted due to an editorial error by the Register. The first form in the Appendix A should read as follows. insert page 2 insert page 4 [graphic] Texas Water Commission Notice of Awards The Texas Water Commission (TWC) furnishes this notice of a consulting services contract award for the development of a conceptual model of the Galveston Bay System. The notice for request for proposals was published in the April 5, 1991, issue of the Texas Register (16 TexReg 2028). Description of Services. The contractor will provide a set of conceptual models depicting the structure and functioning of the Galveston Bay ecosystem. The model will be utilized in the environmental characterization report, a state of the bay report, and during the developing of a comprehensive conservation and management plan for Galveston Bay. Effective Date of Value of Contract. The contract will be effective from September 15, 1991 until February 28, 1992. The total cost in the contract is $15,000. Name of Contractor. The contract has been awarded to McFarlane and Associates, 9503 Sharpview Drive, Houston, Texas 77036. Persons who have questions concerning this award may contact Carol Ward, Galveston Bay National Estuary Program, 711 Bay Area Boulevard, Suite 210, Webster, Texas 77598, (713) 332-9937. Issued in Houston, Texas, on September 17, 1991. TRD-9111623 Frank S. Shipley Program Director, Galveston Bay National Estuary Program Texas Water Commission Filed: September 20, 1991 For further information, please call: (713) 283-3950 The Texas Water Commission (TWC) furnishes this notice of a consulting services contract award for the non-fishing human induced mortality of fisheries resources in Galveston Bay. The notice for request for proposals was published in the May 10, 1991, issue of the Texas Register (16 TexReg 2629). Description of Services. The contractor will provide information regarding non- human induced mortality of fisheries resources in Galveston Bay in a form that will facilitate the prediction of mortality to estuarine species. The following major products will be produced: quality assurance project plan; quarterly reports; final report-August 31, 1992. Effective Date of Value of Contract. The contract will be effect from September 15, 1991 until February 28, 1992. The total cost in the contract is $15,000. Name of Contractor. The contract has been awarded to Jones and Neuse, Inc., 2720 Bee Caves Road, Austin, Texas 78746. Persons who have questions concerning this award may contact Carol Ward, Galveston Bay National Estuary Program, 711 Bay Area Boulevard, Suite 210, Webster, Texas 77598, (713) 332-9937. Issued in Houston, Texas, on September 17, 1991. TRD-9111629 Frank S. Shipley Program Director, Galveston Bay National Estuary Program Texas Water Commission Filed: September 20, 1991 For further information, please call: (713) 283-3950 The Texas Water Commission (TWC) furnishes this notice of a consulting services contract award for the selected public health issues in Galveston Bay. The notice for request for proposals was published in the May 10, 1991, issue of the Texas Register (16 TexReg 2629). Description of Services. The contractor will provide information that identifies the extent that shellfish harvesting areas in Galveston Bay that have been adversely affected by bacterial and other pollutants. The following major products will be produced: quality assurance project plan; quarterly reports; final report-August 31, 1992. Effective Date of Value of Contract. The contract will be effect from September 15, 1991 until August 31, 1992. The total cost in the contract is $39,000. Name of Contractor. The contract has been awarded to Espey, Huston & Associates, Inc., 916 Capitol of Texas Highway South, Austin, Texas 78767. Persons who have questions concerning this award may contact Carol Ward, Galveston Bay National Estuary Program, 711 Bay Area Boulevard, Suite 210, Webster, Texas 77598, (713) 332-9937. Issued in Houston, Texas, on September 17, 1991. TRD-9111628 Frank S. Shipley Program Director, Galveston Bay National Estuary Program Texas Water Commission Filed: September 20, 1991 For further information, please call: (713) 283-3950 Texas Water Development Board Request for Proposals The Texas Water Development Board (board) requests, pursuant to 31 Texas Administrative Code (TAC) sec.355.3, the submission of regional planning proposals leading to the possible award of contracts to evaluate and determine the most feasible alternatives to meet water supply and wastewater facility needs, estimate the costs associated with implementing feasible water supply and wastewater facility alternatives, and identify institutional arrangements to provide regional water supply and wastewater services for areas in Texas from applicants with the authority to plan, implement, and operate water supply and wastewater facilities. In addition, the board requests, pursuant to 31 TAC sec.355.3, the submission of proposals from political subdivisions leading to the possible award of contracts to develop flood protection plans for areas in Texas from applicants with the legal authority to plan for and abate flooding and which participate in the National Flood Insurance Program. Regional and flood protection planning applications may be submitted by eligible political subdivisions from any area of the state and will be considered and evaluated. In addition, applicants must supply a map of the geographical planning area to be studied. Guidelines which include an application form will be supplied by the board. Description of Planning Objectives. The purpose of the regional planning grant program is for the state to assist local governments to prepare regional-level plans that document water supply and wastewater service needs, identify feasible regional alternatives to meet water supply and wastewater needs, and present estimates of costs associated with providing regional water supply plants and distribution lines and regional wastewater treatment plants and collection systems. A water conservation plan and a drought management plan will be developed to ensure that existing and future sources are used efficiently and as a basis for confirming demand projections of future need. The purpose of the flood protection planning grant program is for the state to assist local governments to develop flood protection plans that provide protection from flooding through structural and non-structural measures as described in 31 TAC sec.355.2. Planning for flood protection will include studies and analyses to determine and describe problems resulting from or relating to flooding and the views and needs of the affected public relating to flooding problems. Potential solutions to flooding problems will be identified, and the benefits and costs of these solutions will be estimated. From the planning analysis, feasible solutions to flooding problems will be recommended. Description of Funding Consideration. Up to $2,005,000 has been initially authorized for regional and flood protection planning assistance from the board's research and planning fund. Following the receipt and evaluation of all applications, the board may adjust the amount of funding initially authorized for regional and flood protection planning. Up to 50% funding may be provided to individual applicants, with up to 75% funding available to areas identified in 31 TAC sec.355.10(a) as economically disadvantaged. In the event that acceptable proposals are not submitted, the board retains the right to not award contract funds. Deadline, Review Criteria, and Contact Person for Additional Information. Ten copies of the full regional planning applications must be filed with the board prior to 5 p.m., October 25, 1991. Proposals must be directed to Craig D. Pedersen, Executive Administrator, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231. Applications will be evaluated according to 31 TAC sec.355.5 and the proposal rating form included in the Texas Water Development Board Guidelines for Regional Water Supply and Wastewater Planning Grants or Flood Protection Planning Grants. All potential applicants must contact the board to obtain the Texas Water Development Board guidelines for Regional Water Supply and Wastewater Planning Grants or Flood Protection Planning Grants. Requests for information, applicable planning rules, detailed evaluation criteria, and guidelines may be directed to Carolyn L. Brittin at the preceding address or (512) 475-2056. Issued in Austin, Texas, on September 16, 1991. TRD-9111670 Suzanne Schwartz General Counsel Texas Water Development Board Filed: September 23, 1991 For further information, please call: (512) 463-7850