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 Cancer Council Public Review and Comment The Texas Cancer Council hereby notifies all interested parties that copies of the First Breast and Cervical Strategic Plan for the State of Texas are available for review and comment. This document is a comprehensive guide for public, private, and volunteer sector efforts to reduce breast and cervical cancer morbidity and mortality in Texas. A copy may be obtained by calling or writing the Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711, (512) 463-3190. The deadline for comments to be received in the Texas Cancer Council office is September 16, 1993. Issued in Austin, Texas, on August 9, 1993. TRD-9327025 Emily F. Untermeyer, M.P.H. Executive Director Texas Cancer Council Filed: August 9, 1993 Comptroller of Public Accounts Correction of Errors The Comptroller of Public Accounts proposed an amendment to 34 TAC sec.3. 711, concerning the batteries that are subject to the battery sales fee. The rule appeared in the August 10, 1993, Texas Register (18 TexReg 5314). In subsection (e)(2) the dollar symbol "$" was omitted. The paragraph should read as follows. "(2) Every dealer may retain $.025 for each fee (i.e. battery) reported and paid on his return." The Comptroller of Public Accounts submitted a notice of Texas Lottery Game Procedures Instant Game 18, which appeared in the August 10, 1993, Texas Register (18 TexReg 5357). Due to a typographical error by the Texas Register in paragraph 2. 2 B (page 5359) the word "or" was misprinted as "of". The sentence should read as follows. "When paying a prize of $600 or more, the Lottery shall file...." 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, Article 1.04 as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on August 9, 1993. TRD-9327110 Al Endsley Consumer Credit Commissioner Filed: August 11, 1993 Texas Funeral Service Commission Joint Memorandum of Understanding Texas Civil Statutes, Article 4582(b), sec.4(1) mandates the Texas Funeral Service Commission, the Texas Department of Banking, and the Texas Department of Insurance to adopt by rule a Joint Memorandum of Understanding relating to prepaid funeral services and transactions that: (1) outlines the responsibilities of each agency in regulating these services and transactions; (2) establishes procedures to be used by each agency in referring complaints to one of the other agencies; (3) establishes procedures to be used by each agency in investigating complaints; (4) establishes procedures to be used by each agency in notifying the other agencies of a complaint or of the investigation of a complaint; (5) describes actions the agencies regard as deceptive trade practices; (6) specifies the information the agencies provide consumers and when that information is to be provided; and (7) sets the administrative penalties each agency imposes for violations. (b) Any revisions to the Joint Memorandum of Understanding will be adopted by rule by each agency. (c) The Joint Memorandum of Understanding entered into by the three agencies follows. (a) Pursuant to Texas Civil Statutes, Article 4582b, sec.4(1), the Texas Funeral Service Commission (herein referred to as the "TFSC"), the Texas Department of Insurance (herein referred to as the "TDI"), and the Texas Department of Banking (herein referred to as the "DOB") hereby adopt the following joint memorandum of understanding relating to prepaid funeral services and transactions. The TFSC, TDI and DOB intend this memorandum of understanding to serve as a vehicle to assist the three agencies in their regulatory activities, and to make it as easy as possible for a consumer with a complaint to have the complaint acted upon by all three agencies, where appropriate. In order to accomplish this end, where not statutorily prohibited, the three agencies will share information between the agencies which may not be available to the public generally under the Open Records Act, Texas Civil Statutes, Article 6252-17a. Such information will be transmitted between agencies with the notation on the information that it is considered confidential, is being furnished to the other agencies in furtherance of their joint responsibilities as state agencies in enforcing their respective statutes, and that it may not be disseminated to others. (b) Responsibilities of Each Agency in Regulating Prepaid Funeral Services and Transactions. (1) The Texas Funeral Service Commission is responsible for the following: (A) Licensing funeral directors and embalmers, apprentice funeral directors and apprentice embalmers (Texas Civil Statutes, Article 4582b, sec.3) and funeral establishments (Texas Civil Statutes, Article 4582b, sec.4(A)). The TFSC may refuse to license a person or establishment which violates Texas Civil Statutes, Article 548b, under Texas Civil Statutes, Article 4582b, sec.3(H)(10). (B) Taking action against any licensee violating Texas Civil Statutes, Article 548b, under Texas Civil Statutes, Article 4582b, sec.3(H)(10). (C) Taking action against any funeral director in charge and/or funeral establishment for violations of Texas Civil Statutes, Article 548b, by persons directly or indirectly connected to the funeral establishment, under Texas Civil Statutes, Article 4582b, sec.sec.4(D) (l)(f) and 4(E). (2) The Texas Department of Banking is responsible for administering Texas Civil Statutes, Article 548b, including but not limited to the following: (A) Issuing permits to sell prepaid funeral services or funeral merchandise pursuant to Texas Civil Statutes, Article 548b, sec.1 and sec.3. (B) Approving forms for sales contracts pursuant to Texas Civil Statutes, Article 548b, sec.2. (C) Canceling or refusing to renew permits pursuant to Texas Civil Statutes, Article 548b, sec.4; and providing notice of alleged violations to the Attorney General of Texas and to sellers pursuant to Texas Civil Statutes, Article 548b, sec.9(e) and (f). (D) Approving the release or withdrawal of funds under certain circumstances or for certain purposes, pursuant to Texas Civil Statutes, Article 548b, sec.5(3),(4), and (5). (E) Providing for reporting requirements and performing examinations under Texas Civil Statutes, Article 548b, sec.7 and sec.8(a); and (F) Maintaining a guaranty fund with respect to prepaid funeral benefits owned by trusts, pursuant to Texas Civil Statutes, Article 548b, sec.8A. (3) The Texas Department of Insurance is responsible for the following: (A) Regulating licensed insurers that issue or propose to issue life insurance/annuity contracts which may fund prepaid funeral contracts. (B) Regulating individuals/entities that perform the acts of an insurance agent(s) as defined in the insurance Code, Articles 21.02 and 1.14-1. (C) Regulating Insurance/annuity contracts that may fund prepaid funeral contracts. (D) Regulating unfair trade practices relating to the insurance/annuity contracts which may fund prepaid funeral contracts pursuant to the Insurance Code, Article 21.21. (E) Regulating unfair claims settlement practices by insurance companies pursuant to the Insurance Code, Article 21.21-2. (c) Procedures Used by Each Agency in Exchanging Information With or Referring Complaint to One of the Other Agencies. (1) Exchanging information. If, upon receipt of a complaint, or during the course of an investigation, an agency (referred to as the receiving agency) receives any information that might be deemed of value to another of the agencies (referred to as the reviewing agency), the receiving agency will contact the reviewing agency and will forward the relevant information to the reviewing agency at its request. (2) Referral of complaints for handling. When an agency receiving a complaint refers the complaint to another agency for handling, the receiving agency will contact the complainant in writing informing him or her of the referral, and providing contact information to the reviewing agency, and encouraging the complainant to recontact the receiving agency if she or he has any problem with the reviewing agency's processing of the complaint. (3) Complaint procedures. The three agencies will work together to establish procedures to ensure complaints will be fully resolved by the reviewing agency. (d) Procedures to be Used by Each Agency in Investigating a Complaint. (1) All agencies. (A) Each agency will develop an internal complaint procedures manual for violations relating to prepaid funeral services and/or transactions. The manual should at a minimum provide for: (i)cross-checking the other two agencies' lists of licensees against the investigating agency's list; (ii) background checks on disciplinary proceedings and license eligibility, including background checks into the two other agencies' complaints, disciplinary proceedings, and licensing process involving the same licensee if any, where not prohibited by law; (iii) outlining of relevant law for each agency which check-point steps to ensure all relevant information has been obtained from complainant and references to applicable legal provisions; (iv) identification of necessary data and documents to be obtained from the complainant; and (v) such other steps deemed necessary for the agency to perform an adequate and appropriate investigation. (B) Each agency will maintain its centralized complaint resolution process with a long-term goal of integrating the complaint resolution process, which includes the complaint tracking system, with the other agencies in the most effective, cost-efficient manner. (C) Within four months from the final adoption of the JMOU by rulemaking; the DOB, TFSC, and TDI will develop one or more complaint and referral forms that are substantially similar in content and format to be used by each agency in processing complaints relating to prepaid funeral services and/or transactions. (D) Each reviewing agency will provide periodic, no less than quarterly, status reports on the complaint investigation to the receiving agency or agencies. In addition, the reviewing agency will contact the complainant to inform him or her of the status of the investigation. (E) Each agency will develop with the other agency, or other two agencies, a written plan for conducting joint investigations where appropriate which, at a minimum, establishes a case manager for the investigation, established the divisions of duties among the agencies, and established a timeline for completion of the investigation. (F) As soon as possible following the final adoption of the JMOU by rulemaking the DOB, TFSC, and TDI will each ensure its complaint resolution procedure is accessible to the public by reviewing its procedures, forms, brochures, and letters to determine what steps, if any, are needed to remedy problems of accessibility. The DOB, TFSC, and TDI will implement the needed steps as soon as possible thereafter. (G) The TDI, DOB, and TFSC commit to a long-term goal with a five-year planning horizon to develop an efficient and cost- effective way to ensure that the three agencies can readily exchange information and that there is effective and easy access by each of the three agencies to the information and data held by the other agencies relating to complaints and information regarding licensees in the prepaid funeral services area. (2) The Texas Funeral Service Commission. (A) The TFSC, in accordance with Texas Civil Statutes, Article 4582b, sec.4D(2)(b), will investigate violations of prepaid funeral services only if the investigation does not interfere with or duplicate an investigation conducted by the DOB. (B) The TFSC will, upon request, assist the DOB and/or the TDI with investigations. (3) Texas Department of Banking. (A) Complaints received by the Special Audit Division will be entered into a complaint log and assigned a reference number. If, after agency notice to the subject of the complaint, the complaint is not resolved, the DOB will investigate. (B) If disciplinary action against a DOB permittee is appropriate, the matter will be referred to the agency's legal staff. (C) If the complaint involves a matter handled by either the TDI or TFSC, as well as a violation of the DOB statutes or regulations, the DOB will coordinate the investigation with either or both of these agencies, as appropriate. The DOB will, upon request, assist the TFSC and/or TDI with investigations. (D) In the event that a licensee under the TFSC's jurisdiction is found, after hearing, to have violated one or more provisions of Texas Civil Statutes, Article 548b, the DOB will inform the TFSC of the violation(s) in writing and provide documentation supporting the occurrence of the violation(s). (4) Texas Department of Insurance. (A) Complaints received by the Consumer Services area of TDI will be logged in and investigated. Other areas of the agency can be called upon for assistance in the investigation of the complaint where appropriate. (B) If disciplinary action against a licensee of the TDI is found to be appropriate, the matter will be referred to the Compliance Intake Unit of TDI. (C) If the complaint involves a matter handled by either the DOB or TFSC, as well as a violation of the TDI statutes or regulations, the investigation will be coordinated with either or both of those agencies. (D) TDI will, upon request, assist the TFSC and/or DOB with investigations. (e) Actions the Agencies Regard as Deceptive Trade Practices. (1) The TFSC, the DOB, and the TDI regard as deceptive trade practices those actions found under Texas Business and Commerce Code, sec.17. 46. (2) With respect to trade practices within the business of insurance, the TDI regards as deceptive trade practices those actions found under the Insurance Code, Article 21.21, and other articles of the Code and the regulations promulgated by the TDI thereunder. (f) Information the Agencies Will Provide Consumers and When That Information Is to Be Provided. (1) TFSC, DOB, and TDI will continue to provide consumers with the brochure entitled "Facts About Funerals" developed by TFSC (in Spanish and in English). As soon as possible after the final adoption of the JMOU by rulemaking, the agencies will update the brochure to provide information about insolvency, the guaranty funds, and consumer complaints, and make the brochure accessible under the terms of the Americans with Disabilities Act. The agencies will provide other relevant consumer brochures to each other. (2) TDI will maintain its toll-free number, and TFSC and DOB will each work towards consumer access via a toll-free number. Each agency will include its toll-free number as a prepaid funeral consumer protection resource in the respective agencies' consumer information materials. DOB, TFSC, and TDI will routinely inform consumers of options within the agency's knowledge available to them to resolve the complaint. (3) TFSC, DOB, and TDI, as state agencies, are subject to the Open Records Act, Texas Civil Statutes, Article 6252-17a. Upon written request, the three agencies will provide consumers with public information which is not exempt from disclosure under that Act. As noted in the preamble to this JMOU, the agencies may, where not statutorily prohibited, exchange information necessary to fulfill their statutory responsibilities among each other, without making such information public information under the Open Records Act. (g) Administrative Penalties Each Agency Imposes for Violations. (1) All Agencies. (A) DOB, TDI, and TFSC will create a working group to develop recommendations concerning the three agencies working together on enforcement actions using the resources of the Attorney General and/or prosecutorial or investigative agencies, where appropriate. (B) DOB, TDI, and TFSC will refer DTPA and other such violations to the Federal Trade Commission and/or the Attorney General whenever appropriate. (2) Texas Funeral Service Commission. The TFSC may impose an administrative penalty, issue a reprimand, or revoke, suspend, or place on probation any licensee who violates Texas Civil Statutes, Article 548b. The recommended range of administrative penalty for a violation of Article 548b is $500 to $5,000. Also, a funeral establishment may be assessed an administrative penalty of $250 to $5,000 for each violation of Article 548b by a person directly or indirectly connected to the funeral establishment, under sec.201.11(a)(6) and (25) of Title 22 (relating to Disciplinary Guidelines). (3) Texas Department of Banking. The DOB may impose the following administrative penalties: (A) cancel a permit or refuse to renew a permit pursuant to Texas Civil Statutes, Article 548b, sec.4; and (B) Seize prepaid funeral funds and records of a prior permit holder pursuant to Texas Civil Statutes, Article 548b, sec.8(b). (4) Texas Department of Insurance. TDI administrative penalties vary based on the violation; TDI sanctions are imposed the Insurance Code, Article 1.10. (h) Meetings for Developing Cooperative Efforts in Regulation. (1) DOB and TDI will develop an insolvency alert among themselves to minimize the drain of trust funds and premiums consistent with their respective statutory provisions. They will also clarify each agency's responsibility to access the respective guaranty fund vis-a-vis the other agency. (2) DOB, TDI, and TFSC will develop methods to coordinate the efforts of the agencies to articulate the funeral providers' responsibility in the event of seller and/or insurance company insolvency. (3) Each agency should seek input from the other agencies on any proposed agency regulations relating to prepaid funeral services and/or transactions; and, where appropriate, legislative recommendations concerning prepaid funeral services and/or transactions. (4) The three agencies will provide lists of their key contact personnel and their telephone numbers to each other. (5) In order to better accomplish the exchange of information and coordination of regulation described in this Memorandum of Understanding, the appropriate staff of the TFSC, DOB and TDI shall meet, at a minimum, once a year, to discuss matters of mutual regulatory concern and share updates of the regulations promulgated by the respective agencies. Issued in Austin, Texas, on August 9, 1993. TRD-9327057 Larry A. Farrow Executive Director Texas Funeral Service Commission Filed: August 10, 1993 Texas Department of Human Services Consultant Contract Award In accordance with Texas Civil Statutes, Article 6252-11c, the Texas Department of Human Services announces this consultant contract award (#324-93- 006). The invitation for offers was published in the June 29, 1993, issue of the Texas Register (18 TexReg 4248). Description of Services. Two consultants were selected to provide expertise in information resources for the completion of two separate, but related, consulting projects. For the purposes of outlining the specific tasks for these two consulting projects, the following will be divided between subheadings of Consultant 1 and Consultant 2. Consultant 1 will provide case: mix and quality of care research and evaluation techniques; development and analysis of quality indicators and outcomes; information system design; construction of evaluation databases suitable for statistical analysis; and statistical analyses and interpretation. Consultant 1 will assist members of the Nursing Facility Case Mix Project Team with: designing and evaluating Medicare case mix reimbursement techniques; and constructing and statistically analyzing databases based on case mix payment system data and special evaluation studies to evaluate quality of care, Medicare utilization, and facility practices. Concurrently, Consultant 2 will provide: development of nursing facility quality of care information systems; coordination of Demonstration participants for implementation of Project systems; trouble-shooting hardware and software problems for nursing facility staff; computer programming; and Minimum Data Set- Plus (MDS+) and other database systems in support of a statewide demonstration of a Medicare case mix payment and quality system. Consultant 2 will assist members of the Nursing Facility Case Mix Project Team with the following: development and maintenance of the nursing facility quality of care information and reporting system; and development and maintenance of computer systems and databases for use in demonstrating a Medicare case mix payment system during the Texas Medicare Nursing Facility Case Mix Payment and Quality Demonstration. Name of Consultant: The contract for Consultant 1 has been awarded to Austin Data Management Associates, P.O. Box 4358; Austin, Texas 78765. The contract for Consultant 2 has been awarded to Red Bluff Computing Consultants, P.O. Box 90892; Austin, Texas 78709. Amount and Duration of Contract. The total amount of the contract for Consultant 1 is $65,000. The contract begins on September 1, 1993, and expires on August 31, 1994. The total amount of the contract for Consultant 2 is $40, 000. The contract begins on September 1, 1993, and expires on August 31, 1994. Due Dates of Reports. Each consultant must provide all deliverables no later than September 30, 1994. Issued in Austin, Texas, on August 9, 1993. TRD-9327006 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Filed: August 9, 1993 Correction of Errors The Texas Department of Human Services (DHS) proposed new 40 TAC sec.sec.48.8902 and 48.8907 in its Community Care for Aged and Disabled chapter. The new sections contained errors as published in the August 6, 1993, Texas Register (18 TexReg 5202). On page 5203, sec.48.8902(19)(B) is incorrect. It should read: "paragraphs (1)(C), (3), and (15) of sec.48.8905 of this title (relating to Home Enrollment Requirements). On page 5206, sec.48.8907(g)(1) is incorrect because it also contains the information that should be in (g)(2). It should read as follows. "(g) Resident rights and responsibilities. The adult care provider must: "(1) inform the resident verbally and in writing, before or at the time of admission, of his rights and responsibilities. The rights and responsibilities include rules governing resident conduct, complaints, bedhold policies for hospital and personal leave, and eviction procedures. The policies must not violate the rules specified in this undesignated head nor adversely affect the resident's health or safety. All policies must have an effective date. If the provider amends any policy, each resident must be informed before the change becomes effective. A written copy of these policies must be given to the resident to initial and date. This copy must be filed in the resident's casefolder. A copy of the policies must also be given to the resident. If the resident is unable to read or understand the policies, a copy must be given to the person responsible for him. "(2) allow the resident to manage his finances or trust funds. The provider must assist the resident in managing his finances only if the resident requests assistance in writing. The resident may rescind this authorization at any time by doing so in writing;" Public Notice of Closed Solicitation Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg 5315), the Texas Department of Human Services (TDHS) is closing the solicitation for new Medicaid beds in Crane County, County No. 052, which appeared in the October 16, 1992, issue of the Texas Register (17 TexReg 7274). The solicitation is being closed effective the date of this public notice. Issued in Austin, Texas, on August 10, 1993. TRD-9327063 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Filed: August 10, 1993 Board of Nurse Examiners for the State of Texas Correction of Error The Board of Nurse Examiners for the State of Texas proposed amendments to 22 TAC sec.217.1, concerning definitions. The rule appeared in the August 3, 1993, Texas Register (18 TexReg 5010). Under the definition for "Jurisdiction", the acronym for the national Council Licensure Examination for Registered Nurses should be "(NCLEX-RN)" rather than "(CLEX-RN)". Texas Parks and Wildlife Department Correction of Errors The Texas Parks and Wildlife Commission proposed new 31 TAC sec.65.30 and amendments to sec.65.72, concerning the Statewide Hunting and Fishing Proclamation. The rules appeared in the July 23, 1993, Texas Register (18 TexReg 4847). Due to an editorial error by the Texas Register the word "or" was deleted from the agency's submission in sec.65.30(s)(1)-(3). This error would change the meaning of the proposed rule to require all four options in paragraphs (1)-(4). Paragraphs (1)-(3) should end with the word "or". In sec.65.72(b)(4)(B)(i) the Register omitted the proposed amendment, which corrects an error in the county name (location) for Middle Yegua Creek. Middle Yegua Creek is located only in Lee County, not in Burleson and Washington counties. Public Utility Commission of Texas Notices 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 an application pursuant to P.U.C. Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Texas Commission on Alcohol and Drug Abuse, Austin. Docket Title and Number. Application of Southwestern Bell Telephone Company for approval of Plexar-Custom Service for TCADA pursuant to P.U.C. Substantive Rule 23.27(k). Docket Number 12193. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for TCADA. The geographic service market for this specific service is the Austin Area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at 7800 Shoal Creek Boulevard, 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 August 9, 1993. TRD-9327068 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: August 10, 1993 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Orange County, Orange. Docket Title and Number. Application of Southwestern Bell Telephone Company for approval of Plexar-Custom Service for Orange County pursuant to P.U.C. Substantive Rule 23.27(k). Docket Number 12191. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for Orange County. The geographic service market for this specific service is the Orange, area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at 7800 Shoal Creek Boulevard, 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 August 9, 1993. TRD-9327069 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: August 10, 1993 Texas Department of Transportation Public Hearing Notice Pursuant to Texas Civil Statutes, Article 46c-6, Subdivision 10, and Title 43, Texas Administrative Code, sec.65.9, the Texas Transportation Commission will conduct a public hearing to receive comments from interested parties concerning the following aviation facilities development projects and financial assistance. Proposed approval of state/federal-funded aviation facilities development grants: [graphic] Proposed approval of state-funded aviation facilities development grants: [graphic] The public hearing will be held on August 26, 1993, at 10:00 a.m., in the first floor hearing room of the Dewitt C. Greer State Highway Building, 125 East 11th Street, Austin. Any interested person may appear and offer comments or testimony, either orally or in writing, however, questioning of witnesses will be reserved exclusively to the commission or its staff as may be necessary to ensure a complete record. While any person with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the commission reserves the right to restrict testimony in terms of time or repetitive content. Organization, associations, or groups are encouraged to present their commonly held view, and same or similar comments, through a representative member where possible. Persons with disabilities who have special communication or accommodation needs and who plan to attend the hearing may contact Al Zucha, public information officer, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. Requests should be made no later than two days prior to the hearing. Every reasonable effort will be made to accommodate these needs. For additional information, please contact Karon Wiedeman, Division of Aviation, 125 East 11th Street, Austin, Texas 78701, (512) 476-9262. Issued in Austin, Texas, on August 11, 1993. TRD-9327132 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: August 11, 1993 Texas Water Commission Notice of Application for Authorization to Proceed in Federal Bankruptcy The Texas Water Commission has received an application by Fort Bend County Levee Improvement District Number 12 for Authorization to Proceed in Federal Bankruptcy, under Chapter 9 of the Federal Bankruptcy Code, 11 United States Code sec.sec.901-941, as amended. The District is proposing to seek Bankruptcy Court approval of a plan of adjustment of the District's debts. The Commission shall investigate the financial condition of the District, including assets, liabilities and sources of revenues. If the Commission determines that the District cannot through the full exercise of its rights and powers under the laws of this state, reasonably expect to meet its debt and other obligations as they mature, the Commission may authorize the District to proceed in bankruptcy. No Public Hearing will be held on this application unless an affected person has requested a public hearing. Any person wishing to protest the application of the District is requested to file the protest in written form within 30 days of the issuance of the notice. The protest should contain the name, mailing address, and phone number of the person making the request and a brief statement of the person's interest in the application and the reasons for the protest. If the Commission determines that the protest shows reason that the District is able to meet its debt and other obligations, or that an evidentiary public hearing would serve the public interest, the Commission may direct the Office of Hearings Examiners to conduct an evidentiary public hearing, after issuance of proper and timely notice of the hearing. Protests should be submitted to the Water Utilities Division, Texas Water Commission, P. O. Box 13087, Austin, Texas 78711-3087, Attention: Susan Walton. A copy of the protest must also be furnished to the District. Information concerning these applications may be obtained by writing the Texas Water Commission at the above-mentioned address or by calling (512) 908-6170. Issued in Austin, Texas, on June 23, 1993. TRD-9327086 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993 Enforcement Orders Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted, the following information is submitted. An agreed enforcement order was entered regarding Koch Refining Company (SWR Number 30529) on July 30, 1993, assessing $80,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Glen Grunberger, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 475-2267. Issued in Austin, Texas, on August 9, 1993. TRD-9327028 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993 Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted, the following information is submitted. An enforcement order was entered regarding the City of Houston (Permit Number 10495-090) on July 30, 1993, assessing $16,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Vic Ramirez, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8090. Issued in Austin, Texas, on August 9, 1993. TRD-9327092 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993 Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted, the following information is submitted. An agreed enforcement order was entered regarding City of College Station (Permit Number 10024-02) on July 30, 1993, assessing $16,200 in administrative penalties with $6,700 deferred pending compliance. Stipulated penalties were also imposed. Information concerning any aspect of this order may be obtained by contacting Raymond C. Winter, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 908-2053. Issued in Austin, Texas, on August 9, 1993. TRD-9327091 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993 Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted, the following information is submitted. An agreed enforcement order was entered regarding Margaret Miller (MSW Unauthorized Site Number 31553) on August 3, 1993, assessing $67,200 in administrative penalties with $66,200 deferred and foregoned pending compliance. Information concerning any aspect of this order may be obtained by contacting Jennifer Smith, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 908-2059. Issued in Austin, Texas, on August 9, 1993. TRD-9327090 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993 Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted, the following information is submitted. An agreed enforcement order was entered regarding E and D Waste Systems, Inc. (MSW Permit Number 01721) on July 30, 1993, assessing $12,480 in administrative penalties with $6,240 deferred and foregoned pending compliance. Information concerning any aspect of this order may be obtained by contacting Vic Ramirez, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8090. Issued in Austin, Texas, on August 9, 1993. TRD-9327089 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993 Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted, the following information is submitted. An agreed enforcement order was entered regarding ASARCO, Inc. (Permit Number 02321) on August 2, 1993, assessing $24,000 in administrative penalties. Stipulated penalties were also imposed. Information concerning any aspect of this order may be obtained by contacting Geoff Petrov, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8075. Issued in Austin, Texas, on August 9, 1993. TRD-9327087 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993 Pursuant to the Texas Water Code, which states that if the commission finds that a violation has occurred and a civil penalty is assessed, the commission shall file notice of its decision in the Texas Register not later than the 10th day after the date on which the decision is adopted, the following information is submitted. An agreed enforcement order was entered regarding La Gloria Oil and Gas Company, A Wholly Subsidiary of Crown Central Petroleum Corporation (Permit Number 01590) on August 5, 1993, assessing $89,000 in administrative penalties with $9,000 deferred pending compliance. Information concerning any aspect of this order may be obtained by contacting Kathy Keils, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 475-2261. Issued in Austin, Texas, on August 9, 1993. TRD-9327088 Gloria A. Vasquez Chief Clerk Texas Water Commission Filed: August 10, 1993