ISSUE OF July 3, 1992" ve5="?"> 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 Public Hearings Notice is hereby given that pursuant to the requirements of the Texas Clean Air Act, sec.382.017(a); the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.5; and the Procedural Rules of the Texas Air Control Board (TACB), sec.103.11(4); the TACB will conduct public hearings to receive testimony concerning revisions to its rules. The TACB proposes a new Subchapter C, concerning Benzene, and an undesignated head, concerning Gasoline Terminals in East Austin, Travis County, to Regulation III, concerning Control of Air Pollution From Toxic Materials. The purpose of this new undesignated head is to limit emissions from bulk gasoline terminals located in proximity to residences in East Austin bounded by Springdale Road, Jain Street, Airport Boulevard, and Alf Street. The new requirements will include fugitive monitoring, vacuum assisted vapor collection or semi-annual tank truck leak testing, automatic shut-off instrumentation on the loading racks, and recordkeeping. Also, truckloading when the vapor control device is not operating is prohibited. Public hearings will be held on July 29, 1992, at 7 p.m. and on July 30, 1992 at 2 p.m. in the Auditorium (Room 201S) of the TACB central office Air Quality Planning Annex, located at 12118 North IH-35, Park 35 Technology Center, Building A, Austin, Texas 78753. The hearings are structured for the receipt of oral or written comments by interested persons. Interrogation or cross- examination is not permitted, however, a TACB staff member will discuss the proposal 30 minutes prior to each hearing and will be available to answer questions. Written comments not presented at the hearings may be submitted to the TACB central office through July 31, 1992. Material received by the Regulation Development by 4 p.m. on that date will be considered by the board prior to any final action on the proposed revisions. Copies of the proposed revisions are available at the central office of the TACB Air Quality Planning Annex, located at 12118 North IH-35, Park 35 Technology Center, Building A, Austin, Texas 78753 and at all TACB regional offices. For further information, contact Dwayne Meckler at (512) 908-1487. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearings should contact the agency at (512) 908-1815. Requests should be made as far in advance as possible. Issued in Austin, Texas, on June 23, 1992. TRD-9208976 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Filed: June 29, 1992 For further information, please call: (512) 908-1451 Notice is hereby given that pursuant to the requirements of the Texas Clean Air Act (TCAA), sec.382.017(a); the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.5; the Procedural Rules of the Texas Air Control Board (TACB), sec.103.11(4); and 40 Code of Federal Regulations sec.51.102 of the United States Environmental Protection Agency (EPA) regulations, concerning State Implementation Plans, the TACB will conduct public hearings to receive testimony concerning revisions to its rules. Revisions are being proposed to Regulation VI, concerning Control of Air Pollution by Permits for new Construction or Modification. In response to the 1990 Federal Clean Air Act requirements, an alternative site analysis for new major sources or modifications in nonattainment areas is proposed for incorporation into sec.116.3(a)(7) and (10). Proposed revisions to sec.116.1 and sec.116.3(b) replace the previous requirements for an operating permit with a new requirements for an operating permit with a new requirement for operations certification. A new paragraph has been added to sec.116.3(c) to allow a source or a rocket motor or engine test facility to offset emission increases by alternative or innovative means. In addition, references in sec.116.12 to operating permits will be removed, references to continuance will be replaced with references to renewal, the renewal period will be established at five years as of December 1, 1991, and the fee schedule will be simplified to eliminate alternative methods of determining fees. A sentence has been added to sec.116.12(a) to exempt a permit holder from increased fees or other penalties resulting from failure to submit a renewal application by the due date when the tardiness can be attributed to military service outside the State of Texas. A new sec.116.14 is being proposed, regarding Compliance History Requirements, in response to TCAA requirements. The new section specifies the components of the compliance history and prescribe the responsibilities of the applicant and the TACB staff in compiling the compliance history. A public hearing on the proposal will be held on July 28, 1992, at 2 p.m. in the Auditorium (Room 201S) of the TACB central office Air Quality Planning Annex, located at 12118 North IH-35, Park 35 Technology Center, Building A, Austin, Texas 78753. The hearing is structured for the receipt of oral or written comments by interested persons. Interrogation or cross-examination is not permitted, however, a TACB staff member will discuss the proposal at 1:30 p.m. before the hearing and will be available to answer questions. Written comments not presented at the hearing may be submitted to the TACB Air Quality Planning Annex, located at 12118 North IH-35, Park 35 Technology Center, Building A, Austin, Texas 78753 through July 30, 1992. Material received by the Regulation Development Division by 4 p.m. on that date will be considered by the Board prior to any final action on the proposed sections. Copies of the proposal are available at the TACB Air Quality Planning Annex, located at 12118 North IH- 35, Park 35 Technology Center, Building A, Austin, Texas 78753 and at all TACB regional offices. For further information contact Jose T. Cavazos at (512) 908- 1517. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 908-1815. Requests should be made as far in advance as possible. Issued in Austin, Texas, on June 29, 1992. TRD-9208978 Lane Hartsock Deputy Director, Air Quality Planning Texas Air Control Board Filed: June 29, 1992 For further information, please call: (512) 908-1451 Office of the Texas Attorney General Texas Clean Air Act Enforcement Settlement Notice Notice is given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. The Texas Health and Safety Code, sec.382.096 provides that before the state may settle a judicial enforcement action under the Clean Air Act, 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 Texas Clean Air Act. Case Title and Court: 23>State of Texas v. National Medical Waste of Texas, Inc., Cause Number 9162903 in the 239th District Court of Brazoria County. Nature of Defendant's Operations: National Medical Waste of Texas, Inc. operates a medical waste incinerator at 4322 Brookside Road near Pearland, in Brazoria County. Proposed Agreed Judgment: The proposed agreed final judgment contains provisions for injunctive relief, civil penalties, and attorneys' fees. Injunctive Relief: The judgment contains numerous injunctive requirements, including a requirement that the defendant suspend incineration operations on October 15, 1992, unless it has passed a stack emission test and has operated in full compliance with the Texas Clean Air Act between October 9 and October 15, 1992. Civil Penalties: The judgment requires the defendant to pay a $110, 000 civil penalty to the state. Attorneys' Fees: The judgment requires the defendant to pay $25, 000 in attorneys' fees to the state. 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 judgment should be directed to David Preister, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 440-8002. Written comments must be received within 30 days of publication of this notice in the Texas Register. Issued in Austin, Texas, on June 24, 1992. TRD-9208740 Will Pryor First Assistant Attorney General Office of the Texas Attorney General Filed: June 24, 1992 For further information, please call: (512) 463-2040 Texas Department of Commerce JTPA Older Worker Program RFP In accordance with the Job Training Partnership Act (JTPA), Public Law 97-300, the Texas Department of Commerce (Commerce) announces a request for proposals (RFP) to operate older worker programs in Texas. The older worker program was approved by the State Job Training Coordinating Council in accordance with Title II of the JTPA. The programs will provide employment and training services that assist older workers, aged 55 years and older in improving their basic educational, employability skills, and to be placed in jobs. Detailed information regarding the project format is set forth in the request for proposal instructions which will be available on or about June 30, 1992 at the following location: Texas Department of Commerce, Work Force Development Division, First City Centre, 816 Congress, Suite 1300, P.O. Box 12728, Austin, Texas 78711. The deadline for receipt of the proposals in responses to this request will be Thursday, July 30, 1992 at 4 p.m. (CST). Responses received after this deadline will not be considered. Commerce reserves the right to accept or reject any or all proposals submitted. Commerce is under no legal requirement to execute a resulting contract on the basis of this advertisement and intends the material provided only as a means of identifying the various contractor alternatives. Commerce intends to use responses as a basis for further negotiation of specific project details with potential contractors. Commerce will base its choice on demonstrated competence, qualifications, and evidence of superior conformance with criteria. This RFP does not commit Commerce to pay any costs incurred prior to execution of a contract. Issuance of this material in way obligates Commerce to award a contract or to pay any costs incurred in the preparation of a response. Commerce specifically reserves the right to vary all provisions set forth any time prior to execution of a contract where Commerce deems it to be in the best interest of the State of Texas. Availability of funds for the older worker program is subject to the approval of the State Job Training Coordinating Council. For further information regarding this notice, or to obtain copies of the RFP Instructions, please contact: Arturo Gil, Texas Department of Commerce, Work Force Development Division, First City Centre, 816 Congress, Suite 1300, P.O. Box 12728, Austin, Texas 78711, (512) 320-9826. Issued in Austin, Texas, on June 24, 1992. TRD-9208850 Cathy Bonner Executive Director Texas Department of Commerce Filed: June 26, 1992 For further information, please call: (512) 320-9666 Comptroller of Public Accounts Amendment to Consultant Proposal Request Notice The Comptroller of Public Accounts (CPA) published a consultant services' request for proposals (RFP) for a consultant to assist the CPA by reviewing the work of the Tax Rewrite Project and assessing if a reengineering of this project is possible and feasible in the development of an Integrated Tax System (ITS) in the June 12, 1992, issue of the Texas Register (17 TexReg 4282-4283). Specifically, the RFP Notice is amended as follows. "All written inquiries must be made by 5 p.m., July 7, 1992." "Proposals must be received by the CPA no later than 3 p.m., August 6, 1992. Proposals received after this date and time will not be considered. The period of performance is estimated to begin on or about September 15, 1992, and extend for a six-month period." RPF available-June 12, 1992; Proposals due-August 7, 1992; Work begins- September 15, 1992. Issued in Austin, Texas, on June 26, 1992. TRD-9208860 Charles C. Johnstone Senior Legal Counsel Comptroller of Public Accounts Filed: June 26, 1992 For further information, please call: (512) 463-4158 Texas Education Agency Correction of Errors The Texas Education Agency proposed amendments to 19 TAC sec.75.142, concerning a well-balanced secondary curriculum, and to sec.175.12, concerning minimum standards for operation of proprietary schools. The rules were published in the June 23, 1992, Texas Register (17 TexReg 4512). Due to typesetting and proofreading errors by the Texas Register proposed new language was not printed in boldface type. Paragraph sec.75.142(c) (4), concerning the Prealgebra course, is new language. Clause sec.175.127(b) (11)(E)(iv), concerning meeting the requirements of clauses (ii) and (iii), is new language. Correction to Request for Application #701-92-042-Centers for Professional Development and Technology This notice is filed in accordance with the Texas Education Code, sec.13. 050. In the June 16, 1992, issue of the Texas Register (17 TexReg 4380) the Texas Education Agency published a request for application (#701-92-042) for the establishment of centers for professional development and technology whose primary purpose is to integrate technology and innovative teaching practices to meet the needs of the youth of Texas in an experiencially-based program. The purpose of this notice is to make revisions to the notice due to errors by the agency. As published, the deadline for submitting the application was August 7, 1992. The correct deadline date for submitting the application is August 14, 1992. The paragraph titled "Eligible Applicants" should begin with: "Institutions of higher education...apply." The first few words: "Applications must be submitted by" should be deleted. In the paragraph, Description, the phrase, "from IHEs with approved teacher education programs" should be deleted. The word "is" in the last sentence of this same paragraph should be deleted and changed to "in." Issued in Austin, Texas, on June 23, 1992. TRD-9208887 Lionel R. Meno Commissioner of Education Texas Education Agency Filed: June 26, 1992 For further information, please call: (512) 463-9701 Texas Ethics Commission Notice for State Agencies to Appoint Ethics Advisors The Texas Ethics Commission is required by law to provide ethics training to all state employees. In order to most efficiently fulfill this obligation, the Ethics Commission requests that each state agency appoint an ethics advisor by July 6, 1992. The ethics advisor will act as the agency's liaison to the Ethics Commission, will attend ethics training seminars provided by the commission, and will ultimately provide ethics training to the agency's employees. The Texas Ethics Commission is required by Texas Civil Statutes, Article 6252- 9d.1, sec.1.11(a)(6), to provide a program of ethics training for state employees in cooperation with state agencies. Ethics advisor appointments should be sent to Pamela Young, Assistant General Counsel, Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070, or call (512) 463-5800. Issued in Austin, Texas, on June 23, 1992. TRD-9208733 John Steiner Executive Director Texas Ethics Commission Filed: June 24, 1992 For further information, please call: (512) 463-5800 General Land Office Consultant Proposal Request The Texas General Land Office (GLO) recently awarded a contract to develop the funds management information system (FMIS). FMIS is an integrated software system that will permit the agency to more effectively manage the debt and investments associated with its Veterans Land Board programs. Pursuant to the provisions of Texas Civil Statutes, Article 6252-11c, GLO is requesting proposals for consulting services as interim project manager (IPM) during the development of FMIS. The IPM will serve as project leader, advising GLO management and representing GLO's interest in the project, functioning as the focal point for all GLO related coordination during development. The consultant will have an in-depth understanding of the project goals and advise the GLO funds management staff in the decision making process necessary to accomplish these goals. The IPM will be engaged for at least the first six months of the one-year estimated life required for development of the project. By the end of the first six-month period, completion of the project's first three phases (verification of requirements, conceptual design, and detailed design), is expected. Also by the end of the first six-month period, the project's permanent manager, a current member of the GLO staff, will have been phased in. The consulting services constitute and expansion and increase in scope of services currently performed by William D. Briggs, a private consultant. It is GLO's intent to award the contract to this consultant unless a significantly better offer is submitted. The closing date for receipt of offers of consulting services is 5 p.m., July 21, 1992. Further information can be obtained by contacting Bruce R. Salzer at (512) 463-5198. The consultant selected as IMP will demonstrate considerable direct experience in project management of large complex financial systems. The consultant will have a comprehensive knowledge of debt and investment systems capabilities, including cash flow, cash management, debt management, investment tracking, arbitrage and rebate requirements, investment analysis, portfolio management, and market conditions. Issued in Austin, Texas, on June 25, 1992. TRD-9208776 Garry Mauro Commissioner General Land Office Filed: June 25, 1992 For further information, please call: (512) 463-5394 Governor's Office of Immigration and Refugee Affairs Announcement of Available Funds and Request for Proposals-Refugee Social Services Summary. The Governor's Office of Immigration and Refugee Affairs is pleased to announce the availability of Refugee Social Service Grant Funds for the purpose of providing social services to increase the employability of the eligible refugee population in Texas. The actual amount of the award will be contingent upon federal appropriation. The Code of Federal Regulations (CFR) 45 parts 400 and 401 give the state the authority to contract with public or private non-profit agencies to provide employment related services to refugees in Texas. In Texas, the Governor's Office of Immigration and Refugee Affairs is responsible for the administration of the Refugee Social Services Program. Funds will be awarded on a competitive basis to those applicants that can demonstrate the greatest aptitude for effectively serving the desired constituents. All contracts will be on a cost reimbursement basis. Applicants may propose a comprehensive Plan of Operation that addresses all areas of the refugee's needs as defined in the detailed Request for Proposals. The Plan of Operation may also be directed toward those specific services for which the applicant has the greatest expertise. All public or private non-profit agencies and organizations that can demonstrate the expertise necessary to provide services to the refugee communities of Texas are encouraged to submit proposals. Proposals must be typewritten or printed, and five copies must be submitted to: Debbie Desmond, Refugee Program Manager, Governor's Office of Immigration and Refugee Affairs, 9101 Burnet Road #216, Austin, Texas 78758. Application Deadline Date . All proposals must be received in the Governor's Office of Immigration and Refugee Affairs by 4 p.m. Central Standard Time, August 10, 1992. No proposal received after that deadline will be considered. Evaluation of Proposal and Award. The final selection of grantees for award will be made by the Governor's Office of Immigration and Refugee Affairs after careful evaluation of each proposal according to written evaluation criteria and in accordance with applicable state and federal laws and regulations. A copy of the complete RFP package including a detailed explanation of the RFP and the evaluation criteria will be sent upon written request. Please contact Debbie Desmond or Tim Sorrells at the previous mentioned address. Issued in Austin, Texas, on June 22, 1992. TRD-9208852 David A. Talbot General Counsel Office of the Governor Filed: June 26, 1992 For further information, please call: (512) 463-1788 Texas Department of Human Services Public Notice The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 92-15, Amendment Number 354. The amendment reflects the 1992 Federal poverty level amounts for Qualified Medicare Beneficiaries (QMBs). The amendment is effective April 1, 1992. If additional information is needed, please contact Judy Coker, (512) 450-3227. Issued in Austin, Texas, on June 26, 1992. TRD-9208844 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Filed: June 26, 1992 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 92-16, Amendment Number 355. The amendment incorporates the provisions of 4211 and 4212 of the Omnibus Reconciliation Act of 1987 (OBRA '87) regarding resident assessments and inspections of care that were issued under Program Memorandum 92-2. The amendment is effective October 1, 1990. If additional information is needed, please contact Judy Coker, (512) 450- 3227. Issued in Austin, Texas, on June 26, 1992. TRD-9208845 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Filed: June 26, 1992 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 92-17, Amendment Number 356. The amendment transfers the eligibility resource information regarding certain children to the State Plan preprint page issued under Program Memorandum 92-2. The amendment is effective April 1, 1992. If additional information is needed, please contact Kay Priest, (512) 450-3426. Issued in Austin, Texas, on June 26, 1992. TRD-9208846 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Filed: June 26, 1992 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 92-18, Amendment Number 357. The amendment adds coverage of physical therapy services to the home health benefit. The amendment is effective May 1, 1992. If additional information is needed, please contact Genie DeKneef, (512) 338-6509. Issued in Austin, Texas, on June 26, 1992. TRD-9208847 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Filed: June 26, 1992 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 92-19, Amendment Number 358. The amendment deletes the provisions regarding "Maintenance of AFDC Efforts" as instructed in Dallas Regional Medical Services Letter Number 92-32. The amendment is effective October 1, 1991. If additional information is needed, please contact Cathy Rossberg, (512) 450-3766. Issued in Austin, Texas, on June 26, 1992. TRD-9208848 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Filed: June 26, 1992 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS has published a report outlining its proposed intended use of federal block grant funds during fiscal year 1993 for Title XX social services programs. In November and December, 1991, four public hearings were held around the state to obtain testimony on the recommended use of Title XX and LIHEAP funds. To obtain free copies of the report, send written requests to Nancy Murphy, Section Manager, Policy and Document Support, Mail Code E-503, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030. DHS is seeking written comments from representatives of both public and private sectors regarding the proposed use of Title XX block grant funds. Written comments will be accepted through August 3, 1992. Please mail comment to the address listed previously. Issued in Austin, Texas, on June 25, 1992. TRD-9208824 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Filed: June 25, 1992 For further information, please call: (512) 450-3765 Texas Department of Insurance Correction of Error The Texas Department of Insurance submitted a notification pursuant to the Insurance Code, Chapter 5, Subchapter L. The notice was published in the April 21, 1992, Texas Register (17 TexReg 2877). Due to an error by the agency, the May 6, 1992, effective date published was incorrect. The effective date should be June 20, 1992. Texas Department of Mental Health Correction of Error The Texas Department of Mental Health and Mental Retardation submitted a notice entitled Invitation to Apply to Become a Home and Community-Based Services-OBRA (HCS-O) Program Provider, which appeared in the June 16, 1992, Texas Register (17 TexReg 4385). Due to a proofreading error by the Texas Register, the last sentence of the first paragraph incorrectly contains the word "not". The sentence should read as follows. "As a result of HCFA's approval of the amendment specifying the HCS-O Waiver Program be made available statewide, effective March 1, 1992, HCS-O Program Provider applicants may now elect in their applications to serve any one county or counties in Texas." Texas Motor Vehicle Commission Correction of Error The Texas Motor Vehicle Commission adopted amendments to 16 TAC sec.105.15, sec.105.23, and sec.105.25, concerning advertising of motor vehicles by new vehicle dealers, manufacturers, distributors, and other persons. The rules were published in the May 19, 1992, Texas Register (17 TexReg 3725). Due to revisions made by the agency after publication of the final submission, changes should be made as follows. In sec.105.15 the last sentence should be revised to read "A demonstrator or factory official vehicle may not be advertised or sold except by a dealer franchised and licensed to sell that line make of new vehicle." This replaces "be sold only by" with "not be advertised or sold except by". In sec.105.23 "New vehicles" should be changed from plural to singular: "A new vehicle". In sec.105.25, A new sentence should be added at the beginning of the section before "An advertisement...". The new sentence should read as follows. "The Commission is adopting the Federal Trade Commission closed end credit disclosure rules which presently read as folows." Texas Parks and Wildlife Department Consultant Contract Award This consultant service selection report is filed in accordance with the provisions of Texas Civil Statutes, Article 6252-11c. The consultant proposal request appeared in the April 4, 1992, issue of the Texas Register (17 TexReg 2490). The consultant will provide services for the assessment of current and future integrated information system(s) needs of the agency. This assessment will lead to the evaluation of hardware and software which addresses these needs and which also complies with the definition of "open" integrated information system standards, as supported by the Texas Department of Information Resources. The name and address of the consultant selected is Sterling Information Group, Inc., 1007 Mopac Circle, Suite 201, Austin, Texas 78746. Total value of the contract is not to exceed $49,720. Consultant shall be paid in three incremental payments based upon completion of specific phases of the study. Term of the contract is from June 22, 1992-August 31, 1992. Issued in Austin, Texas, on June 25, 1992. TRD-9208770 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Filed: June 25, 1992 For further information, please call: (512) 389-4867 Texas Public Finance Authority Request for Proposals for Accounting Services The Texas Public Finance Authority (TPFA) is requesting proposals for accounting services. The deadline for proposal submission is 12 noon, August 1, 1992. Selection will be based on the qualifications and experience of the firms, as well as the reasonableness of the hourly rate, provided that all criteria and specifications are met or exceeded. Copies of the proposal request may be obtained by calling or writing Ms. Catherine L. Nall, Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711, (512) 463-5544. Issued in Austin, Texas, on June 24, 1992. TRD-9208803 Catherine L. Nall Chief Accountant I Texas Public Finance Authority Filed: June 25, 1992 For further information, please call: (512) 463-5544 Department of Public Safety, Division of Emergency Management Public Utility Commission of Texas Notice of Application To Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 15, 1992, to amend a certificate of convenience and necessity pursuant to the Public Utility Regulatory Act, sec.sec.16(a), 17(e), 50, 52, and 54. A summary of the application follows. Docket Title and Number : Application of Cap Rock Electric Cooperative, Inc. for a certificate of convenience and necessity for proposed transmission lines within Howard, Borden, Martin, and Midland Counties, Docket Number 11248 before the Public Utility Commission of Texas. The Application: In Docket Number 11248, Cap Rock Electric Cooperative, Inc. requests approval of its application to construct approximately 88 miles of 138kV transmission line. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0223, or (512) 458-0227 within 15 days of this notice. Issued in Austin, Texas, on June 23, 1992. TRD-9208754 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: June 24, 1992, 3:19 p.m. For further information, please call: (512) 458-0100 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on June 5, 1992, to amend a certificate of convenience and necessity pursuant to the Public Utility Regulatory Act, sec.sec.16(a), 50, 52, and 54. A summary of the application follows. Docket and Title Number : Application of Southwestern Bell Telephone Company to amend certificate of convenience and necessity within Fort Bend County, Docket Number 11236, before the Public Utility Commission of Texas. The Application: In Docket Number 11236, Southwestern Bell Telephone Company seeks approval of its application to realign the boundary between the Barker Zone of its Houston Metropolitan exchange and Fort Bend Telephone Company's Katy exchange in order to establish a boundary to alleviate conflicts involving future telephone service. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Office at (512) 458-0256, or (512) 458-0221 teletypewriter for the deaf on or before August 25, 1992. Issued in Austin, Texas, on June 26, 1992. TRD-9208886 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: June 26, 1992 For further information, please call: (512) 458-0100 Notice of Intent To File Pursuant to PUC Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas (PUC) an application pursuant to PUC Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Harris County, Houston. Tariff Title and Number . Application of Southwestern Bell Telephone Company for approval of Plexar-Custom Service for Harris County pursuant to PUC Substantive Rule 23.27(k). Tariff Control Number 11268. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for Harris County. The geographic service market for this specific service is the Houston area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on June 26, 1992. TRD-9208755 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: June 24, 1992 For further information, please call: (512) 458-0100 Notice of Proposed Rulemaking The Public Utility Commission of Texas is considering proposal of a rule that would address the ratemaking treatment to be afforded costs of postretirement benefits other than pensions that are subject to the requirements of recently adopted Statement of Financial Accounting Standards Number 106 (SFAS 106). The commission staff has prepared a draft rule that is available to interested parties. To obtain a copy, please contact Paula Mueller, Assistant General Counsel, at (512) 458-0288. The commission seeks comments from interested parties on all aspects of the appropriate ratemaking treatment for costs subject to the requirement of SFAS 106, on the draft rule, and in particular, the following questions. What criteria should be used to determine the "reasonableness" of the request to convert to inclusion of postretirement benefit expense other than pensions in cost of service on an accrual basis ("SFAS 106 treatment")? Are there reasons a utility should not be limited to a one-time election to convert to SFAS 106 treatment? Is the $10 million dollar threshold for establishment of an external trust fund reasonable? Are there funding limitations other than those imposed by the Internal Revenue Service and the Employee Retirement Income Security Act (ERISA) that would limit the amount of annual contributions that could be made to the external fund? Should utilities be required to use the amount of SFAS 106 expense included in rates to fund the external trust fund to the maximum extent allowed by law? Are the ERISA investment and fiduciary requirements sufficient to protect the funds provided by ratepayers, or should the commission specify its own requirements? Would any costs be associated with establishing an internal reserve account? If so, should these costs be included in cost of service in setting rates or as an offset to the internal fund? What accounts and/or subaccounts do utilities anticipate the allowed expenses (including interest expense) would be booked to? What would a "typical" entry look like? What are the problems raised by creation of a single external trust fund for OPEB liability for utilities that provide service in states other than Texas? Would it be appropriate to use jurisdictional allocators? How would such allocators be developed? Should a separate trust fund be established for each jurisdiction? Should a mechanism be provided to review and adjust the internal reserve account or external trust fund outside a rate case? Should there be a date prior to which a utility should be required to establish an external trust fund? If so, when should that date be? Comments should be filed within 30 days of the date of publication of this notice. Persons should refer to Project Number 11125 when filing comments. Interested parties are asked to notify the commission in advance of filing comments of their intent to file comments. The commission will use these filings to prepare an official service list for this rulemaking proceeding. Parties that file comments should serve a copy of their comments on the other parties on this service list. Issued in Austin, Texas, on June 25, 1992. TRD-9208869 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: June 26, 1992 For further information, please call: (512) 458-0100 Texas Racing Commission Correction of Error The Texas Racing Commission proposed new 16 TAC sec.309.200, concerning stakes and other prepayment races, and adopted an amendment to sec.313.111, concerning age restrictions. The rules were published in the June 16, 1992, Texas Register (17 TexReg 4326 and 4345). In sec.309.200, third paragraph of the preamble, the sentence should be deleted which reads: "There will be no effect on small businesses." The effect on small businesses was addressed. In sec.309.200(b)(2), the paragraph should end in a semi-colon instead of a period. In sec.313.111, the second paragraph of the preamble incorrectly reads "... the supply or horses...". It should read "...the supply of horses...". Notice of Application Period The Texas Racing Commission announces that March 1-March 30, 1990, the commission will accept application documents in support of a Class 1 pari-mutuel racetrack license in Harris County and Class 2 pari-mutuel racetrack licenses statewide. Under Texas Racing Commission rules, the commission may designate an application period of not more than 60 days in which application documents for a racetrack license may be filed. On December 11, 1989, the Texas Racing Commission adopted a timeline for beginning the application process and designated the period from 8 a.m., March 1-5 p.m., March 30, 1990, as the application period for a Class I racetrack license in Harris County and Class 2 racetrack licenses statewide. For more information contact Lisa Gonzales, hearings Coordinator, at (512) 476- 7223. The Texas Racing Commission offices are located at the First State Bank Building, Suite 625, 400 West 15th, Austin, Texas 78701 or write P.O. Box 12080, Austin, Texas 78711. Issued in Austin, Texas on January 17, 1990. TRD-9000610 Paula Cochran Carter General Counsel Texas Racing Commission Filed: January 17, 1990 For further information, please call: (512) 476-7223 Railroad Commission of Texas Correction of Error The Railroad Commission of Texas proposed an amendment to 16 TAC sec.11. 1004, concerning quarry and pit safety regulations. The rule was published in the June 23, 1992, Texas Register (17 TexReg 4511). Due to a proofreading error by the Texas Register, the earliest possible date of adoption was printed incorrectly as June 24, 1992. The correct date is July 24, 1992. Texas Rehabilitation Commission Request for Proposals The Texas Planning Council for Developmental Disabilities (Council) announces the availability of funds to be awarded by the Texas Rehabilitation Commission on its behalf for the following projects. Local/Regional Community Living Systems Change Projects. The Council is requesting proposals for projects that will promote the inclusion of children and adults with developmental disabilities into their communities and have implications for changing the state system of community living services and supports for people with developmental disabilities and their families. The purpose of this RFP is to address the Council goal: "To increase the availability and stability of community living options and appropriate support services" and the Council activity to "advocate for changes in community living policies and programs...which ensure that all programs are responsive to individual needs and preferences and are provided in integrated community settings." Local/Regional Employment Systems Change Projects. The Council is requesting proposals for projects in the area of community integrated employment that have implications for changing the system in Texas of providing employment services and supports for people with developmental disabilities and their families. The purpose of this RFP is to address the Council goal: "To promote the development of integrated employment options for people with developmental disabilities" by the support of projects in three priority areas: conversion of sheltered workshop or day activity programs; new supported employment or other community integrated employment programs; cooperative projects with employers. All Children Belong Demonstration Projects. The Council will fund field- initiated community living demonstration projects that identify children and adolescents (ages 0-18) living in residential facilities and move them into homes with families. The projects will identify children, their service and support needs, and find homes for children living in: a state school; nursing homes in a local area; residential facility placements; hospitals in a local area; large intermediate care facilities; and in other institutions or congregate living arrangements. Inclusive Education Demonstration Projects. The purpose of this RFP is to fund projects that will demonstrate innovative ways to provide fully inclusive educational programs for students eligible for special education services, consistent with the Council's education position statement. Eligible applicants are limited to public independent school districts, including districts in cooperatives. Inclusive Education Systems Change Project. The purpose of this RFP is to promote the inclusion of all children in regular school environments across Texas. The major goals of the project are: to promote awareness of inclusive education concepts, practices, and resources for all Texas school campuses; to provide technical assistance to local demonstration projects; to provide a forum for discussion and recommendations for the adoption and implementation of laws, funding, policies, and procedures that support inclusive education at the national, state, and local levels; and to develop a statewide strategic plan for inclusive education. Partial funding for this activity will be provided by the Texas Education Agency. Terms. A total of $1 million per year is estimated to be available for multiple projects funded under these RFPs, except inclusive education systems change project which is estimated at $225,000 to $300,000 per year available for one project. All funding is contingent on availability of funds. A minimum of 25% nonfederal match, 10% in designated poverty areas, is required for all funded projects. The initial budget period will be December 1, 1992-May 31, 1993. For the application packet containing the five full requests for proposals, application forms, and instructions, please submit a written or fax request to: W. D. Neilson, Texas Planning Council for Development Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 483-4088, (512) 483-4097 (fax). Deadline. Proposals will be accepted at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4141, Fourth Floor, Austin, until 4 p.m. on the deadline dates indicated in the proposal kit. Deadlines vary from September 11- October 30, depending on the RFP. No fax copies of proposals will be accepted. Copies of application kit may not be faxed to applicants. Issued in Austin, Texas, on June 25, 1992. TRD-9208811 Charles W. Schiesser Assistant Commissioner Texas Rehabilitation Commission Filed: June 25, 1992 For further information, please call: (512) 483-4051 Texas Southern University Consultant Proposal Request Extension Scope of Work. In accordance with the provisions of Article 6252-11(C), Texas Southern is requesting proposals for services of a consultant to assist with requirements definition, alternatives evaluation and selection recommendations for administrative software. Description of Services : organize and coordinate campus project efforts for a comprehensive review of administrative information system requirements and alternatives evaluation; identify specific deficiencies and improvement opportunities related to administrative software applications; coordinate, advise and participate in campus evaluations of vendor package alternatives, client/vendor reference site evaluations, program development opportunities and migration strategies; provide supported recommendations to the campus on viable alternatives including functional reviews, technology assessments, vendor performance references, market focus evaluations, and budget/staffing implications of the recommendations; assist the University with vendor(s) selected; assist in preparing and reviewing recommendations for the university and the state. Submission of Proposal . A proposal sent by mail should be addressed as follows: Rodger G. Carr, Director of Management Information Systems, Computing Services, Texas Southern University, 3100 Cleburne Avenue, Houston, Texas 77004. Hand delivered proposals will be accepted daily between 9 a.m. and 3 p.m., except Saturdays, Sundays, and holidays at Room 228 Hannah Hall on the Texas Southern Campus. Acceptance of proposals will be extended through July 17, 1992. No proposals will be received or considered after July 17, 1992. Proposal Requirements. To be considered, the following items of information must be included in a consultant's proposal: proposed plan of work for the engagement; references, including client contact information, from similar consulting engagement; names of consultant's staff to be used in this engagement and a complete resume and two client references for each; guaranteed start date of engagement after date of award; estimates of Texas Southern staff resources expected to be applied to the engagement; and proposed fee and expenses for the engagement. Evaluation Criteria. Procedure for selecting consultant, but not limited to the following: thorough knowledge and experience with higher education administrative information systems; experience in requirements definition, applications software evaluation, alternatives evaluation, contract negotiations and project work plan development in a similar environment; understanding the specific needs of Texas Southern University and higher education requirements in the State of Texas; extensive higher education experience of individuals assigned to the project; references from similar consulting engagements; quality of proposals' approach to accomplish project requirements; and reasonableness of proposed cost of services in relation to work described. Terms and Conditions of the Contract. The following terms and conditions must be accepted by all respondents. TSU reserves the right to reject any and all proposals. The selected consultant will not be eligible to participate in any hardware/software procurement contracts arising out of the study. This does not preclude negotiations of subsequent contracts with the vendor selected. All information generated is the exclusive property of TSU. Cost of travel, lodging, telephones, and other services required by the selected contractor must be included in the overall cost. The consultant will be required to submit weekly status reports and participate in program report meetings with the time of the meeting to be at the discretion of TSU. Contact Person. Any consultant interested in submitting a proposal may obtain a copy of the request for proposal for purchase of administrative software by contacting Rodger Carr, Computing Services, Texas Southern University, 3100 Cleburne Avenue, Houston, Texas 77004. Contract Award Procedures . Final selection will be made by Texas Southern University by August 28, 1992, based on evaluations and recommendations provided by a panel of University personnel. The University will award a contract to the firm or organization which is considered to be in the best interest of Texas Southern University. Issuance of this request in no way constitutes a commitment by Texas Southern University to award a contract. Issued in Houston, Texas, on June 23, 1992. TRD-9208823 Everett O. Bell Executive Director for Board Relations Texas Southern University Filed: June 25, 1992 For further information, please call: (713) 527-7951 Texas Water Commission Public Hearing Notices The Texas Water Commission will conduct a public hearing beginning at 6:30 p.m., August 17, 1992, City of Hamilton, City Hall, Council Chambers, 200 East Main Street, Hamilton, in order to receive testimony concerning the waste load evaluation report for Dissolved Oxygen in the Leon River below Proctor Lake in the Brazos River Basin (Segment 1221). The public hearing shall be conducted in accordance with the Texas Water Code, sec.26.011 and sec.26.037. The primary purpose of a waste load evaluation is to define treatment levels for wastewater dischargers to a segment and specify other program actions that need to be taken in order to attain and maintain the water quality standards, describe nonpoint source pollution from areas tributary to a segment, and identify treatment level alternatives using receiving stream water quality simulations. A section containing recommended treatment levels and other proposed recommended actions is also included. The public is encouraged to attend the hearing and to present relevant evidence or opinions concerning the waste load evaluation. Written testimony which is submitted prior to or during the public hearing will be included in the record. The commission would appreciate receiving a copy of all written testimony at least five days before the hearing. Copies of written testimony and questions concerning the public hearing should be addressed to Larry Koenig, Texas Water Commission, Standards and Assessments Division, P.O. Box 13087, Austin, Texas 78711-3087 or call (512) 463-8462. A limited number of copies of the draft waste load evaluation are available for review in the Texas Water Commission Library, Room B-20 of the Stephen F. Austin Building, 1700 North Congress Avenue in Austin. A copy of the report may be obtained upon written request from Larry Koenig at the above address. There are no charges for the pre-hearing draft copies of the waste load evaluation; however, a fee will be charged for the finalized post-hearing copies. The date selected for this hearing is intended to comply with deadlines set by statute and regulation. Any publication or receipt of this notice less than 45 calendar days prior to the hearing date is due to the necessity of scheduling the hearing on the date selected. Issued in Austin, Texas, on June 29, 1992. TRD-9208950 Mary Ruth Holder Director, Legal Division Texas Water Commission Filed: June 29, 1992 For further information, please call: (512) 463-8462 The Texas Water Commission will conduct a public hearing beginning at 6:30 p.m., August 19, 1992, City of Laredo, City Hall, Council Chambers, 1110 Houston Street, Laredo, in order to receive testimony concerning the waste load evaluation report for Dissolved Oxygen in the Rio Grande below Amistad Reservoir in the Rio Grande Basin (Segment 2304). The public hearing shall be conducted in accordance with the Texas Water Code, sec.26.011 and sec.26.037. The primary purpose of a waste load evaluation is to define treatment levels for wastewater dischargers to a segment and specify other program actions that need to be taken in order to attain and maintain the water quality standards, describe nonpoint source pollution from areas tributary to a segment, and identify treatment level alternatives using receiving stream water quality simulations. A section containing recommended treatment levels and other proposed recommended actions is also included. The public is encouraged to attend the hearing and to present relevant evidence or opinions concerning the waste load evaluation. Written testimony which is submitted prior to or during the public hearing will be included in the record. The commission would appreciate receiving a copy of all written testimony at least five days before the hearing. Copies of written testimony and questions concerning the public hearing should be addressed to Mark Rudolph, Texas Water Commission, Standards and Assessments Division, P.O. Box 13087, Austin, Texas 78711-3087 or call (512) 463-8463. A limited number of copies of the draft waste load evaluation are available for review in the Texas Water Commission Library, Room B-20 of the Stephen F. Austin Building, 1700 North Congress Avenue in Austin. A copy of the report may be obtained upon written request from Mark Rudolph at the above address. There are no charges for the pre-hearing draft copies of the waste load evaluation; however, a fee will be charged for the finalized post-hearing copies. The date selected for this hearing is intended to comply with deadlines set by statute and regulation. Any publication or receipt of this notice less than 45 calendar days prior to the hearing date is due to the necessity of scheduling the hearing on the date selected. Issued in Austin, Texas, on June 29, 1992. TRD-9208951 Mary Ruth Holder Director, Legal Division Texas Water Commission Filed: June 29, 1992 For further information, please call: (512) 463-8436