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 Commission on Alcohol and Drug Abuse Correction of Error The Texas Commission on Alcohol and Drug Abuse proposed amendments to sec.sec.150.1-150.3, 150.9, 150.10, 150.13, and 150.16, concerning requirements for licensure as a licensed chemical dependency counselor. The rule was published in the October 29, 1993, issue of the Texas Register (18 TexReg 7533). In sec.150.1(F) it should read: "Criminal justice counselor intern-A student, intern, or trainee pursuing a course of study in chemical dependency counseling and working in the Texas Criminal Justice Chemical Dependency Treatment Initiative." In sec.150.1(E) it should read: "Sexual Exploitation-A pattern, practice, or scheme of conduct by a person regulated under this act that may include sexual contact, that can reasonably be construed as being for the purpose of sexual arousal or gratification or sexual abuse of any person. It is not a defense to sexual exploitation of a patient or former patient if it occurs:" In sec.150.10(d)(4)(F) it should read: "(F) if crime was alcohol/drug related:" In sec.150.16(8), line five should read: "age, national origin, or handicaps; or [.]" Ark-Tex Council of Governments Consultant Proposal Request Pursuant to Texas Civil Statutes, Article 8252-11c, the Ark-Tex Council of Governments (ATCOG) announces it's Consultant Proposal Request (RFP) under the negotiation method to perform auditing. ATCOG is soliciting proposals to perform fiscal year audits of all programs and contracts it administers for a three-year period, beginning October 1, 1992-September 30, 1993, and the subsequent fiscal years ending in 1994 and 1995. The audits must be conducted in accordance with the provisions of the Single Audit Act, under the guidelines of generally accepted auditing standards and other guidelines as identified in ATCOG's request for proposals. The proposals will be reviewed by ATCOG which will base it's choice on demonstrated competence, qualifications, and experience as defined in detail in the RFP. In order to be considered, firms submitting proposals must be members of the quality assurance program (peer review). ATCOG reserves the right to accept or reject any or all proposals submitted. ATCOG is under no legal requirement to execute a resulting contract on the basis of this advertisement and reserves the right to utilize the material provided only as means of identifying the various contractual alternatives. Detailed information regarding the project is set forth in the Request for Proposal Instructions which will be available on or after November 10, 1993, at the following location: Margaret Haak-Muse, Director of Finance and Administration, Ark-Tex Council of Governments, Centre West, 911 A. North Bishop Road, Wake Village, Texas 75501. Mail address: P.O. Box 5307, Texarkana, Texas 75505-5307, (903) 832-8636. The deadline for submission of proposals in response to this request will be 5:00 p.m. on November 30, 1993. Issued in Wake Village, Texas, on November 2, 1993. TRD-9331562 Margaret Haak-Muse Director of Finance and Administration Ark-Tex Council of Governments Filed: November 4, 1993 Office of the Texas Attorney General Texas Clean Air Act Enforcement Settlement Notice Notice is hereby 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. City of Houston and State of Texas v. Cook Composites, Inc., Cause Number 92-051145 in the 234th District Court of Harris County. Proposed Agreed Judgment. The judgment requires the Defendant to pay a $5,000 civil penalty to the City of Houston, and a $5,000 civil penalty to the State. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies if 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) 320-0052. Written comments must be received within 30 days of publication of this noticed to be considered. Issued in Austin, Texas, on November 3, 1993. TRD-9331496 Jerry Benedict Assistant Attorney General Office of the Texas Attorney General Filed: November 3, 1993 State Banking Board Notice of Hearing The Hearing Officer of the State Banking Board will conduct a hearing on December 6, 1993, at 9:30 p.m., at 2601 North Lamar Boulevard, Austin, on the change of domicile application for BOK-Texas Trust Company, Dallas. Additional information may be obtained from Lynda A. Drake, Director of Corporate Activities, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 475-1322. Issued in Austin, Texas, on November 3, 1993. TRD-9331560 Lynda A. Drake Director of Corporate Activities Texas Department of Banking Filed: November 4, 1993 Texas Education Agency Correction of Error The Texas Education Agency submitted a Request for Applications which was published in the "In Addition Section" of the October 29, 1993, issue of the Texas Register . Two errors as published appear in the first sentence of the Request for Application Number 701-93-028. 1. The RFA number is listed incorrectly as "701-93-928". The correct number is "701-93-028". 2. The word "if" should be "is". Request for Application #701-94-005 RFA #701-94-005. This request for application is filed in accordance with Senate Bill 5, 73rd Legislature, Regular Session, Article III, sec.1, Rider 20. Eligible Applicants. Public colleges and universities that are officially approved by the Texas Education Agency (TEA) to offer trade and industrial teacher certification courses are eligible to apply. Applications will automatically be forwarded to the eligible colleges and universities. Description. The TEA is requesting applications for the Apprenticeship Instructor Training Project (RFA #701-94-005). The purpose of this project is to provide the series of three 12-hour teacher education courses and a 6- or 12- hour refresher course on a statewide basis to the instructors of the apprenticeship training programs funded with Chapter 33 General Revenue funds appropriated under the General Appropriations Act of the 73rd Legislature. The project has three objectives. One objective is to conduct as many of the following three 12-hour teacher education courses in as many locations in Texas as possible: Analysis and Instructional Material Development; Use of Instructional Aids and Equipment; and Methods of Teaching Vocational Subjects. Another objective is to conduct in as many locations as possible a 6- or 12- contact hour refresher course for apprenticeship instructors who have previously completed the series of three 12-hour units of instruction and desire updated teacher training. A third objective is to conduct as many of the suggested additional 6- or 12-hour teacher education courses in as many locations in Texas as possible. Dates of Project. The Apprenticeship Instructor Training Project will be implemented during the 1993-1994 school year. Applicants should plan for a starting date of no earlier than January 1, 1994, and an ending date of no later than August 31, 1994. Project Amount. One project will be awarded for 1993-1994 in an amount not to exceed $30,000. An additional $30,000 may be available for the 1994-1995 school year. The TEA will determine at a later date whether the additional $30,000 will be awarded to the same grantee, contingent upon successful completion of first- year activities, or whether the grant will be awarded competitively. Selection Criteria. The grant will be awarded to the applicant that best demonstrates the ability to carry out all requirements contained in the request for application. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the request for application. Requesting The Application. Interested parties may request RFA #701-94-005 by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701- 1494, or by calling (512) 463-9304. Please refer to the RFA Number in the request. Further Information. For clarifying information about the request for application, contact Toni M. Dean, Adult and Community Education, at (512) 463- 9294. Deadline For Submitting Application. The deadline for receiving an application in the Document Control Center of the Texas Education Agency is 5: 00 p.m., Wednesday, December 15, 1993. Issued in Austin, Texas, on November 8, 1993. TRD-9331702 Lionel R. Meno Commissioner of Education Filed: November 8, 1993 Texas Department of Health Notice of Emergency Cease and Desist Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered West Plaza Health Center of Houston to cease and desist using any sources of radiation at any location in Texas until all of its practitioners are licensed in Texas, all sources of radiation have been properly registered, all appropriate fees for registration have been paid, and all health-related violations have been corrected. The bureau determined that the continued use of unregistered radiation sources at the facility by practitioners who are not licensed to practice the healing arts in Texas has resulted in radiation exposure to patients in excess of that required to produce a diagnostic image. This constitutes a threat to public health and safety, and the existence of an emergency. The company is further required to provide evidence satisfactory to the bureau regarding the actions taken to correct these violations and the methods to prevent their recurrence. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on November 2, 1993. TRD-9331507 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: November 3, 1993 Notice is hereby given that the Bureau of Radiation Control (bureau) ordered John K. Bowers, D.P.M. (registrant-R11661) of Dallas to cease and desist using any dental x-ray unit in Texas for the purpose of podiatric radiology. The bureau determined that use of the dental x-ray unit equipped with improper collimation and improper collimation devices to perform podiatric radiographic procedures results in unnecessary radiation exposure to patients, thereby constituting an immediate threat to public health and safety, and the existence of an emergency. The registrant is further required to provide evidence satisfactory to the bureau regarding the actions taken to correct violations found during a recent inspection and the methods to prevent their recurrence. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on November 2, 1993. TRD-9331509 Susan K. Steeg General Counsel Texas Department of Health Filed: November 3, 1993 Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Joel M. Needleman, D.D.S., Ingleside, R03201; East Houston Medical and Surgical Clinic, Houston, R05380; Roger G. Williams, D.D.S. , Dallas, R07019; Neuro Diagnostics, Ltd., Pasadena, R17467; Melinda Cate, D.C. , Lake Worth, R17530; I-10 East CT Scan, Channelview, R18211; Corales Dental Office, San Antonio, R19770; David Hammond, Richardson, R06740. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Acting Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on November 2, 1993. TRD-9331506 Susan K. Steeg General Counsel Texas Department of Health Filed: November 3, 1993 Notice of Intent to Revoke Radioactive Material Licenses Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: Maurer Tools, Inc., Houston, L03040; Canam Diagnostics Company, Inc., Arlington, L04176; and K Clinics, Inc., Irving, L04582. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Acting Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on November 2, 1993. TRD-9331505 Susan K. Steeg General Counsel Texas Department of Health Filed: November 3, 1993 Notice of Rescission of Orders Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health, rescinded the following orders: Emergency Cease and Desist Order issued July 14, 1993, to Duncan G. Foulds, D.D.S., 4655 Sweetwater Boulevard, Suite 500, Sugarland, Texas, 77479; and Emergency Cease and Desist Order issued February 19, 1993, to George M. Markus, M.D., 2175 Promenade Center, Richardson, Texas 75080, holder of Certificate of Registration Number R02259. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas, on November 2, 1993. TRD-9331508 Susan K. Steeg General Counsel Texas Department of Health Filed: November 3, 1993 Texas Department of Housing and Community Affairs Extension of Comment Period: 1994 Annual Plan and 1993 Performance Report This is an amended notice regarding availability of the State of Texas 1994 Annual Plan, Five-Year Plan, and the 1993 Performance Report (the "Report") of the Comprehensive Housing Affordability Strategy (CHAS) prepared by the Texas Department of Housing and Community Affairs in compliance with instructions from the U.S. Department of Housing and Urban Development (HUD). The 1994 Annual Plan is the first year of the five-year plan. The five-year plan outlines the State's housing needs, priorities for allocating available funds for housing-related activities, the residents to be assisted, and an investment plan which identifies the resources available to address those priorities. The Performance Report contrasts what was planned for fiscal year 1993 and what was actually accomplished. The following are the State's priority populations of those most in need of affordable housing, a sample list of the categories of persons and households to be assisted by housing-related programs, and the resources which will be available to address the priorities. The Texans most in need of affordable housing are those with household income from 0-80% of Median Family Income (MFI) and who are paying over 30% of their income on mortgage or rent plus utilities; living in substandard housing; living in the Colonias within 100 miles of the Texas/Mexico border; having special needs; with children under six exposed to Lead Based Paint (LBP) poisoning; living in poverty with children under ten years of age; who are homeless; of minority age who are runaways; women with children of battered women; frail elderly; and elderly and homeless. Strategies. A1 Assist in overcoming barriers to financing experienced by very low and low income Texans. A2 Assist in overcoming unnecessary barriers that cause the cost of housing to be unaffordable. A3 Assist the underserved in finding ways for them to obtain mortgage financing that is acceptable to standard industry credit underwriting guidelines. A4 Create new underwriting standards that reflect demonstrated risk factors and loan servicing techniques (i.e. that have recognized consistent but non-standard income patterns, etc. A5 Moderate the pattern of flight of middle income families from older urban areas by providing financing and insurance to those upwardly mobile families who wish to live or remain there, but cannot get financing or insurance to acquire, rehab, or build a new home. B1 TDHCA to assist FmHA in using their housing-related funds allocated to the State of Texas. C1 Encourage participating lenders in bond programs, the Federal Home Loan Bank, FDIC, Fannie Mae and Freddie Mac to adhere to established State and Federal fair lending regulations and the Federal Reserve Bank of Boston's Closing the Gap: A Guide To Equal Opportunity Lending. C2 Lenders who are successful in lending to the underserved should be given the opportunity to use the uncommitted funds from other lenders' set asides. D1 Increase the stock of affordable housing for the very low and low income families of Texas. D2 Preserve the stock of affordable housing for the very low and low income families of Texas by repairing or rehabilitating substandard housing so that, at minimum, health safety problems are corrected. E1 Increase sec.8 funds. E2 Increase stock of affordable rental housing for extremely low income families of Texas, including persons who are homeless and persons with special needs. E3 Preserve the stock of affordable housing for the families in poverty with children under ten years of age by rehabilitating substandard housing. E4 Preserve the stock of affordable housing for the very low and low income families of Texas by repairing and rehabilitating substandard rental housing. E5 Increase the stock of affordable rental housing for those Texans needing supportive housing services. E6 Housing projects that have Long Term Affordability provisions should be given a significantly scoring benefit on their applications. E7 TDHCA should support the preservation of low income housing by supporting organizations who assist tenants in knowing how to purchase the public housing in which they are living. F1 Increase the stock of affordable owner-occupied housing that is decent and safe. F2 Increase the stock rental housing that is decent and safe. F3 Increase infrastructure resources to this area and couple it to the support of housing. F4 Repair/maintain suitable housing that needs repairs in order to keep the family from being placed in public-supported housing. G1 Find resources to address persons with Special Needs. G2 These efforts shall not result in adversely segregating those with Special Needs from the general population. G3 Encourage new construction building and designs to reflect the Accessibility Reference Guide (Item #286R92) offered by the American Institute of Architects (AIA). H1 Fund resources to address the needs of Elderly in Poverty and the Frail Elderly. H2 Support the development of a program of non-Institutional, non-federal housing options. I1 Educate the public, Lenders and contractors about the problem of LBP poisoning. I2 Encourage the passing of legislation that will protect the children most at risk. I3 Establish a statewide uniform LBP building code that establishes requirements for dwellings built prior to 1979 to be certified as having no material LBP residue. J1 Increase the stock of affordable owner-occupied and rental housing that is decent and safe. J2 Prioritize housing-related funding to those families having severe cost burdens. K1 Make on-going attempts to get statistically valid count of the homeless and at risk of being homeless populations. K2 Encourage rental assistance as a means of preventing those at risk of becoming homeless. K3 Find funds to provide additional emergency shelters, domestic violence shelters, and transitional housing assistance. K4 Fund the housing needs of frail elderly and elderly in poverty. K5 Fund the housing needs of homeless/runaway youth. K6 Determine the needs of the homeless and at-risk of being homeless populations. L1 Coordinate various programs with projects that qualify for funding from more than one program or agency. N1 TDHCA to support any housing-related court rulings. N2 Fair and equal housing choices will be promoted for all Texans, including those of color, low income and special needs. Categories of Persons/Entities to be Assisted. Existing homeowners, first-time homebuyers, renters, elderly, homeless, persons with special needs, non-profit organizations and units of local government. Resources. TDHCA Administered : HOME; HOPE I, II, and III; Community Development Block Grant (CDBG); Low Income Housing Tax Credits (LIHTC), Single- Family Housing Bonds, Multi-family housing bonds, sec.8 Rental Assistance, Energy Assistance Programs, Emergency Shelter Grants, Housing Trust Fund and Emergency Nutrition/Temporary Emergency Relief Program (ENTERP); Administered by other agencies: Farmers Home Administration (FmHA), Low Income Housing Preservation Program, Aid to Families with Dependent Children (AFDC), sec.612 Community Mental Health Services, Home Ownership for Persons with Aids (HOPWA), sec.811 Supportive Housing for the Disabled, sec.202 Supportive Housing for the Elderly, Shelter Plus Care, Federal Emergency Management Administration Emergency Food and Shelter Program (FEMA), Water Development Bonds, Federal Home Loan Bank Affordable Housing (FHLB) Program and any other existing and/or future resources which address the housing needs of extreme, very low, low, and moderate income persons as well as persons with special needs in the State of Texas. The Texas Department of Housing and Community Affairs has conducted public hearings on the Draft of the 1994 Annual Plan, Five-Year Plan, and the 1993 Performance Report at the locations and times listed below. Representatives were present to explain the Plan and Report as well as receive comments on proposed housing strategies. The public hearings were scheduled and held at the following locations: Tuesday, September 21, 1993, from 3:00-5:00 p.m. at the Retama Village Community Room, 901 North 23rd Street, McAllen; Wednesday, September 22, 1993, from 3:00-5:00 p.m. at the Convention Center, El Paso Room, 1 Civic Center Plaza, El Paso; Thursday, September 23, 1993, from 3:00-5:00 p. m. at the Odessa Housing Authority, 124 East Second Street, Odessa; Monday, October 4, 1993, from 3:00-5:00 p.m. at the Denton County Court House on Square, Commissions Court Room, 110 West Hickory Street, Denton; Tuesday, October 5, 1993, from 3:00-5:00 p.m. at Raintree Tower, Community Room, 3300 French Street, Beaumont; and Wednesday, October 6, 1993, at the Texas Law Center, Rooms 101 and 102, 1414 Colorado Street, Austin. Written comments on the CHAS and the Performance Report were submitted at the public hearings listed above and may still be sent to the address listed below no later than November 19, 1993, at 5:00 p.m. In addition, copies of the 1994 Annual Plan, Five-Year Plan, and the 1993 Performance Report are available for public review as of September 15, 1993, at the Regional Councils and State Depository Libraries throughout Texas. Information on the 1994 CHAS and the 1993 Performance Report and copies of their summaries may also be obtained by contacting: Ninfa Moncada, Director of Marketing and Program Development, Texas Department of Housing and Community Affairs, P.O. Box 13942, Austin, Texas 78711-3941, (512) 475-3929. As of September 15, 1993, the State of Texas's 1994 CHAS Annual Plan, Five-Year Plan, and the 1993 Performance Report will be available for public review at the following locations: [graphic] Issued in Austin, Texas, on November 3, 1993. TRD-9331644 Henry Flores Executive Director Texas Department of Housing and Community Affairs Filed: November 5, 1993 Houston-Galveston Area Council Request for Proposal for Data Collection Activities The Houston-Galveston Area Council (H-GAG) is seeking to develop a list of qualified consultants to conduct data collection activities, including travel surveys, locational traffic counts, vehicle classification and occupancy data, and a multimodal facilities inventory. These data collection activities have been grouped into seven separate contracts: Activity One consists of Household Survey and Longitudinal (Panel) Survey. Activity Two consists of a Work Place Survey and Special Generator Survey. Activity Three is an On-Board Transit Survey. Activity Four is an External Station Survey. Activity Five consists of a Commercial Vehicle Survey and Multimodal Facilities Inventory. Activity Six is a Transportation Management Database. Activity Seven consists of Vehicle Classification and Vehicle Occupancy Counts. A Pre-RFQ Submission Conference is scheduled on Monday, November 15, 1993 at H-GAC Conference Room A on the second floor at 3555 Timmons Lane in Houston. If you have any questions regarding any of the activities or would like to request a copy of the RFQ, please contact Jerry Bobo or Keith Hall at (713) 627-3200. Written inquires may be directed to: Jerry Bobo, Chief Transportation Planner, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227. Issued in Houston, Texas, on November 4, 1993. TRD-9331701 Jacke Steele Executive Director Houston-Galveston Area Council Filed: November 8, 1993 Texas Department of Human Services Correction of Error The Texas Department of Human Services proposed amendments to 40 TAC sec.sec.12.14, 12.15, 12.26, 12.115, 12.123, 12.204, 12.304, and 12.404, concerning meal requirements, reimbursement methodology, and appeals for the Child and Adult Care Food Program (CACFP), the Summer Food Service Program (SFSP), the Special Milk Program (SMP), the School Breakfast Program (SBP), and the National School Lunch Program (NSLP) in its Special Nutrition Programs chapter. The rules were published in the October 29, 1993, issue of the Texas Register (18 TexReg 7526). Due to an error in the agency's submission the telephone number in the preamble for Keith N. Churchill is incorrect. His correct telephone number is "(512) 467- 5837". Texas Department of Insurance Amended Notice of Hearing The Texas Department of Insurance will convene a public hearing under Docket Number 2072, at 9:00 a.m., November 18, 1993, in Room 100 of the offices of the Texas Department of Insurance, located in the William P. Hobby Building, 333 Guadalupe Street, Austin. The State Board of Insurance and the Commissioner of Insurance will consider comments concerning new 28 TAC, Chapter 26, sec.sec.26.1-26.27, concerning small employer health insurance regulations and the policy forms and provisions to be used in writing such insurance; and new 28 TAC, Chapter 3, Subchapter F, sec.sec.3.501-3.512, concerning group health mandatory conversion privileges. The purpose of the hearing is to afford all interested persons reasonable opportunity to submit data, views or arguments orally or in writing as provided in the Government Code sec.2001.029 (formerly Administrative Procedures Texas Register Act, sec.5C) . The Department is particularly interested in receiving comments concerning whether exclusions are needed for experimental treatment, suicide or self-inflicted injury, smoking cessation, or services or supplies provided primarily for environmental sensitivity or clinical ecology, including inpatient allergy testing or treatment; and if so, what those exclusions should include. Final action will not be taken at this time but will be scheduled for a later date. The new regulations and policy forms and provisions concerning small employer health insurance regulations are proposed under the Insurance Code, Chapter 26 [which was enacted as House Bill 2055 in the 73rd Legislature], and Insurance Code, Articles 1.03A, 1.10, 1.33, 21.20, 21.21, 21.21-3, and 21.21-5, and sec.1.23 of House Bill 1461, 73rd Legislature, Regular Session. Insurance Code, Chapter 26 sets out the requirements for small employer health benefit plans, including, but not limited to, fair marketing, disclosure, rating, mandated policy provisions, mandates for offering coverage for small employer health carriers, coverage and renewability of the policies, various filing and reporting requirements, cancellation, contribution and participation requirements, exclusions, limitations, preexisting conditions, previous coverage and status of health carriers as small employer carriers. These rules are intended to implement the provisions of that chapter. Insurance Code, Article 21.20 prohibits misrepresentation of policies and Article 21.21 contains prohibitions against unfair competition and unfair trade practices and discrimination. Article 21.21-3 prohibits discrimination in coverage or rates due to disability and Article 21.21-5 prohibits discrimination in rates or renewals on the grounds of geographical location, disability, sex or age. These rules are intended to address such discrimination in connection with the coverage which is subject to these sections. Insurance Code, Article 1.03A, sets forth the requirements for rules of general application to be adopted by the commissioner of insurance. Article 1.10 authorizes sanctions for violations by licensees. Article 1.33 sets forth the summary procedures for routine matters. Section 1.23 of House Bill 1461 authorizes the promulgation and approval of rules relating to rates, policy forms and endorsements by the State Board of Insurance. The new regulations concerning group health insurance mandatory conversion privilege are proposed under the Insurance Code, Articles 1.03A, 1.33, 21.20, 21.21, 3.42, 3.51-6, and sec.1.23 of House Bill 1461, 73rd Legislature, Regular Session. Insurance Code, Article 3.51-6, sec.1(d)(3), contains requirements for conversion or continuation privileges for the policies covered by that section. Under that statute, the board is required to issue rules and regulations to establish minimum standards for benefits under conversion policies. The Insurance Code, Article 3.42, contains filing requirements for policies, contracts, certificates and forms subject to that statute and specifically authorizes the board to adopt reasonable rules and regulations as necessary to implement and accomplish the provisions of that statute. Insurance Code, Articles 21.20 and 21.21, prohibit misrepresentation of policies and unfair competition and unfair practices, and Article 21.21, authorizes the board to promulgate reasonable rules and regulations to accomplish the purposes of those articles. The Insurance Code, Article 1.03A, sets forth the requirements for rules of general application to be adopted by the commissioner of insurance. Article 1.33 sets forth the summary procedures for routine matters. Section 1.23 of House Bill 1461 authorizes the promulgation and approval of rules relating to rates, policy forms and endorsements by the State Board of Insurance. In addition to accepting comments and receiving testimony at the November 18, 1993 public hearing, the Commissioner and Board invite the general public and any interested persons to provide written comments by filing them with the Chief Clerk's Office, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, no later than November 29, 1993, with a copy to Rhonda Myron, Deputy Commissioner, Life/Health, Mail Code 106-1A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. The only comments which will be considered are those comments made on the proposal published in the Texas Register. Comments provided previously on the initial drafts of these sections will not be considered as comments on the proposed sections. Issued in Austin, Texas, on November 4, 1993. TRD-9331549 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: November 4, 1993 Cancellation of Notice of Public Hearings This is the written request by the Texas Department of Insurance that the following items which were submitted for posting to The Texas Register on October 27, 1993, be cancelled: TRD-9331134-Public Hearing under Docket Number 2059 (November 29, 1993, 10:00 a.m.); TRD-9331132-Public Hearing under Docket Number 2060 (December 2, 1993, 10: 00 a.m.); TRD-9331131-Public Hearing under Docket Number 2057 (erroneously listed in the Texas Register as November 3, 1993, 10:00 a.m.); TRD-9331130-Public Hearing under Docket Number 2058 (December 16, 1993, 10:00 a.m.); Issued in Austin, Texas, on November 3, 1993. TRD-9331495 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: November 3, 1993 Company License Applications The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for American Pioneer Property Insurance Company, a foreign fire and casualty company. The home office is in Trumann, Arkansas. Application for name change in Texas for North Atlantic Life Insurance Company of America, a foreign life, accident, and health company. The proposed new name is First Northwestern National Life Insurance Company. The home office is in Jericho, New York. Application for name change in Texas for USA National Insurance Company, a foreign fire and casualty company. The proposed new name is National Alliance Insurance Company. The home office is in St. Louis, Missouri. Application for admission in Texas for Pacific Pioneer Insurance Company, a foreign fire and casualty company. The home office is in Artesia, California. Application for Incorporation in Texas for RH Administrators, Inc., a domestic third party administrator. The home office is in Lubbock, Texas. Issued in Austin, Texas, on November 5, 1993. TRD-9331625 Linda K. Von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: November 5, 1993 Notice of Hearing The Texas Department of Insurance will convene a public hearing under Docket Number 2074, at 9:00 a.m., December 1, 1993, in Room 100 of the offices of the Texas Department of Insurance, located in the William P. Hobby Building, 333 Guadalupe Street, Austin. The Commissioner of Insurance will consider comments concerning amendments to 28 TAC, Chapter 7, sec.sec.7.201-7.202, 7.205, and 7.210, concerning administrative regulation under the Insurance Code, Article 21.49-1, the Insurance Holding Company System Regulatory Act (the Act). The purpose of the hearing is to afford all interested persons reasonable opportunity to submit data, views or arguments orally or in writing as provided in the Government Code, sec.2001.29 (formerly Administrative Procedure and Texas Register Act, sec.5C). The amendments are necessary to provide technical corrections and definitions and to clarify requirements for controlling producers and producer controlled property and casualty insurers (essentially brokers in foreign states which control or seek to control a property and casualty insurer in Texas) subject to the Act. The amendments to sec.7.201 make technical corrections. The amendments to sec.7.202 redefine Commissioner and provide a definition for controlling producer. The amendments to sec.7.205 provide that an acquisition of control of a property and casualty insurer by a controlling producer is subject to the Act, sec.5; set forth certain requirements for controlling producers; and make conforming changes to the sanction provision set forth in an amendment to Article 21.49-1, sec.5(k), enacted by passage of House Bill 1461, 73rd Legislature, 1993. The amendment to sec.7.210 provides for certain additional disclosure requirements. The purposes of the amendments include: providing standards for acquisition of control of a property and casualty insurer by a controlling producer, in order to prevent adverse impact to policyholders; and preventing insolvency of producer controlled property and casualty insurers. These purposes would be achieved by requiring arms-length conduct between property and casualty insurers and controlling broker affiliates, that is, controlling producers. As defined in the rule, controlling producers are essentially what would commonly be denominated "brokers" who control an insurer. Brokers by definition are out of state entities, because brokers represent insureds, and such representation within Texas is not permitted under the Insurance Code. The term "controlling producer" in the amendments is not intended to include an agent or any independent agent acting on behalf of the controlled insurer, pursuant to the Insurance Code, Chapter 21, Subchapter A, or any subagent or representative of the agent, who acts as such in the solicitation of, negotiation for, or procurement or making of an insurance contract, if the agent is not also acting in the capacity of an insurance broker in the transaction in question. The term "controlling producer" in the amendments is not intended to include an attorney in fact acting on behalf of a licensed Lloyd's association or licensed reciprocal exchange. The potential that a broker might misuse an insurer controlled by the broker arises from the conflict of interest inherent in those two roles. That is, when a broker owns and controls an insurer, the broker's duty to its client-the prospective insured-conflicts with the broker's financial interest in the insurer. A conflict of interest may arise when a broker, representing the prospective insured and having the main goal of generating income and profit through premium production, also controls the rates which are set for those premiums. Thus the broker's position of control permits it to set artificially low rates, which serve as incentive to insureds to buy insurance and thus facilitate greater premium production by the broker. Yet such rates ultimately may be inadequate to sustain the insurer's financial viability. To alleviate the conflict of interest, the amendments require that a broker, which acquires an insurer operating in Texas, conduct business with the insurer in essentially an arms-length manner. The amendments are proposed under the Insurance Code, Articles 21.49-1, 1. 03A, and 1.04C; and the Government Code, sec. sec.2001.004-2001.038. The Insurance Code, Article 21.49-1, constitutes the Insurance Holding Company System Regulatory Act (the Act). The Insurance Code, Article 21.49-1, sec.11, authorizes the Commissioner to issue such rules, regulations, and orders as shall be consistent with and shall carry out the provisions of the Act and to govern the conduct of its business and proceedings under the Act. The Insurance Code, Article 1.03A, authorizes the Commissioner to adopt rules for the conduct and execution of the duties and functions of the department only as authorized by statute for general and uniform application. The Insurance Code, Article 1.04C, provides that the Commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the Commissioner and to speak on any issue under the jurisdiction of the Commissioner. The Government Code, sec.sec.2001.004-2001.038, authorize and require each state agency to adopt rules of practice setting forth the nature and requirements of available procedures and to prescribe the procedures for adoption of rules by a state administrative agency. Issued in Austin, Texas, on November 5, 1993. TRD-9331643 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Filed: November 5, 1993 Texas Natural Resource Conservation Commission Notice of Application for Municipal Solid Waste Applications Attached are Notices of Applications for municipal solid waste permits issued during the period of October 13-20, 1993. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue these permits unless one or more persons file written protests and/or a requesting for a hearing within 30 days after publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing;" a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. In the event a hearing is held, the Office of Hearings Examiners will submit a recommendation to the Commission for final decision. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7906. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number, and type of application-new permit, amendment, or renewal. City of Irving; Type I (Landfill); 220 West Hunter Ferrell Road and 700 East Hunter Ferrell Road, Dallas County, Irving; amendment; MSW1394-A. Brazoria County Recycling Center, Inc.; Clute; Type V Municipal Solid Waste Management Facility; On the east side of FM Road 523, approximately 2.3 miles south of FM Road 2004 and approximately 2.5 miles north of County Road 226 in Brazoria County; new; MSW1539-B. Issued in Austin, Texas, on November 2, 1993. TRD-9331491 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 3, 1993 Notices of Application for Temporary Permits to Appropriate Public Waters of the State of Texas Attached are notices of application for temporary permits to appropriate Public Waters of the State of Texas, which were issued on November 4, 1993. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within ten days from the date these notices are published in the Texas Register. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the application number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protests or requests for hearing are filed, the Executive Director will sign the permit ten days after Texas Register publication of this notice, or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing or questions concerning procedures should be submitted in writing to Bill Ehert, Assistant Chief Hearings Examiner, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Baylor University; Brazos River Basin; McLennan County; at the intersection of Bagby and University Park approximately 1-1/2 miles east of the McLennan County Courthouse in Waco; Application Number TA-7182; Temporary. Reynolds & Kay, Inc.; Trinity River Basin; Van Zandt County; approximately 9.6 miles west of Canton; Application Number TA-7157; Temporary. Issued in Austin, Texas, on November 4, 1993. TRD-9331621 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 5, 1993 Notice of Application for Waste Disposal Permits Attached are Notices of Application for waste disposal permits. These notices were issued during the period of November 1-5, 1993. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within 30 days of the date of newspaper publication of notice concerning the applications(s). If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to Kerry Sullivan, Assistant Chief Hearings Examiner, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7908. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number, and type of application-new permit, amendment, or renewal. City of Anthony; the wastewater treatment plant; is approximately 2,000 feet west of State Highway 20 and 4,000 feet south of FM Road 1905 in El Paso County; renewal; 10120-01. Mike Boren; the diary; is on the south side of an unnamed county road located approximately five and one quarter miles southeast of Stephenville along Highway 67 in Erath County; new; 03619. City of Buffalo; the wastewater treatment facility; is adjacent to and east of Marion Boulevard, approximately 3/4 mile north-northeast of the intersection of U.S. Highways 75 and 79 in Leon County; renewal; 10022-01. Chevron USA Products Company; a petroleum products terminal; the plant site is at 2525 Brennan Avenue in the City of Fort Worth, Tarrant County; new; 03605. Cominco Fertilizers (U.S.), Inc.; a fertilizer manufacturing facility; the Borger Nitrogen Operations Plant; is on the north side of FM Road 1551, approximately 1.25 miles west of the intersection of FM 1551 and State Highway 207, southwest of the City of Borger in Hutchinson County; renewal; 01295. City of Dayton; the Southwest Wastewater Treatment Facilities; the facilities are approximately 0.50 mile southwest of the intersection of State Highway 146 and U.S. Highway 90 in Liberty County; renewal; 10564-03. Donna Independent School District; the Runn Elementary School Wastewater Treatment Facilities; the wastewater treatment plant is approximately 1,000 feet west of the intersection of State Highway 493 and U.S. Highway 281, 3.6 miles south of the City of Donna in Hidalgo County; new; 13680-01. Fort Bend County Municipal Utility District Number 30; the wastewater treatment facilities; are at 7530 Tetela Drive, approximately 2.5 miles west of the intersection of State Highway 6 and Beechnut in Fort Bend County; renewal; 12068-01. City of Galveston; the Terramar Beach Wastewater Treatment Facilities; the plant site is approximately 4.5 miles north of the San Luis Bridge and 1,900 feet west of the San Luis Pass Road (FM Road 3005) in Galveston County; renewal; 106880-05. City of Gladewater; the wastewater treatment facilities; are approximately 600 feet east of Roden Lane, approximately one mile south of the intersection of U.S. Highways 271 and 80 in Gregg County; renewal; 10433-02. Harris County Municipal Utility District Number 58; the wastewater treatment facilities; are approximately 1,100 feet west of Kuykendahl Road and 2,250 feet south of FM Road 1960 on the north and south sides of Bammel Village Drive in Harris County; renewal; 11941-01. Harris County Water Control and Improvement District Number 110; the wastewater treatment facilities; are approximately 1,400 feet west of Interstate Highway 45 and U.S. Highway 75 and 1,200 feet north of Cypress Creek in Harris County; renewal; 11964-01. Harris County Municipal Utility District Number 247; the wastewater treatment facilities; are approximately 0.75 mile northwest of the intersection of U.S. Highway 290 and Jones Road and 2.0 miles southeast of the intersection of U.S. Highway 290 and FM Road 1960 in Harris County; renewal; 12681-01. Harris County Municipal Utility District Number 250; the Cumberland Place Wastewater Treatment Facilities; the plant site is on the west bank of Horsepen Creek, approximately 1.3 miles southeast of the intersection of State Highway 6 and FM Road 529 in Harris County; renewal; 12685-01. Jefferson County Water Control and Improvement District Number 10; the wastewater treatment plant; is to the northwest of Nederland in the area bounded by Spurlock Road, U.S. Highway 69/96/287 and State Highway 347. The site is also on the northwest side of Rhodair Gully, 3,500 feet upstream from the point where Rhodair Gully passes beneath U.S. Highway 69/96/287 in Jefferson County; new; 10838-03. City of Mount Calm; the wastewater treatment plant; is southeast of the City of Mount Calm, south of FM Road 339, approximately one mile east of the intersection of State Highway 31 and FM Road 339 in Hill County; renewal; 11464- 01. City of New Boston; the wastewater treatment plant; is 2,500 feet southeast of the intersection of State Highway 8 and FM Road 1840 and approximately 1.75 miles southeast of the City of New Boston in Bowie County; amendment; 10482-01. Northwest Austin Municipal Utility District Number 2; the Canyon Creek Wastewater Treatment Site and wastewater disposal site; are approximately one mile northeast of the intersection of FM Road 2222 and FM Road 620 in Travis County; renewal; 13116-01. City of Orange; the wastewater treatment plant; is at 402 South Tenth Street, between Jackson Street and Polk Avenue, approximately 1,800 feet west of FM Road 1006 (Border Street) in Orange County; amendment; 10626-01. Paper Chemicals, Inc.; the Texarkana Plant produces antifoaming agents used in the paper industry; the plant site is at 3901 Terry Street in the City of Texarkana, Bowie County; renewal; 02955. City of Rogers; the wastewater treatment plant; is south of the City of Rogers, just west of FM Road 437 and approximately 3/4 miles south-southwest of the intersection of U.S. Highway 190 and FM Road 437 in Bell County; renewal; 10804- 01. City of San Saba; the wastewater treatment facilities; are 2,000 feet north of U.S. Highway 190 and 6,000 feet east of State Highway 16 in the City of San Saba in San Saba County; renewal; 10687-01. Tapia Brothers, Inc.; the dairy; is on the north side of FM Road 1692 approximately six miles southwest of the intersection of FM Road 1692 and FM Road 1929 in Tom Green County; new; 03632. Texas National Municipal Utility District; the wastewater treatment facilities; are north of Camp Creek, approximately 1-1/2 miles northeast of the intersection of Texas National Boulevard and FM Road 2432 in Montgomery County; renewal; 11715-01. United Clays of Texas, Inc.; the Troup Operations, a bail clay mine; the plant site is approximately one mile southwest of the intersection of FM Road 856 and FM Road 13 and 1.8 miles northwest of the Town of Concord, Cherokee County; amendment; 02973. Issued in Austin, Texas, on November 5, 1993. TRD-9331658 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 5, 1993 Notice of Opportunity to Comment on Permitting Actions The following applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within ten days of the date notice concerning the application(s) is published in the Texas Register. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protests or requests for hearing are filed, the Executive Director will sign the permit ten days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to Bill Ehret, Assistant Chief Hearings Examiner, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Applicant: Enercorp Resources, Inc.; Application Number: 23-68E to Certificate Number 23-68, as amended; Location: 22.4 miles south of Zapata, Zapata County; Basin: Rio Grande; Type: Water Use Permit, Amendment to Certificate Number 23- 68, as amended; Request: Applicant seeks to amend the Certificate, as amended, to change the purpose of use of the 25 acre-feet of Class "B" water rights they own to mining use, to change the place of use of water and the diversion point. Applicant: Alice Southern Equipment Service, Inc.; Application Number: 23-2747E to amend Certificate of Adjudication Number 23-2747, as amended; Location: 25 miles northwest of Rio Grande City, Starr County; Basin: Rio Grande; Type: Water Use Permit, Amendment to Certificate Number 23-2747, as amended; Request: Applicant seeks to amend their portion of Certificate Number 23-2747, as amended by adding a diversion point on the county line between Zapata and Starr counties. Applicant: City of New Boston; Application Number: 03-4832A to amend Certificate of Adjudication Number 03-4832; Location: 2.5 miles south of New Boston; Basin: Sulphur River; Type: Water Use Permit, Amendment to Certificate of Adjudication Number 03-4832; Request: Applicant seeks to amend Certificate Number 03-4832 to authorize in-place use of the reservoir for recreational purposes at a public park. Applicant: City of New Boston; Application Number: 03-4831A to amend Certificate of Adjudication Number 03-4831; Location: 2.2 miles northwest of New Boston; Basin: Sulphur River; Type: Water Use Permit, Amendment to Certificate of Adjudication Number 03-4831; Request: Applicant seeks to amend Certificate Number 03-4831 to authorize in-place use of the reservoir for recreational purposes at a public park and to change the purpose of use of the water authorized for diversion from industrial to municipal use (emergency water supply). Applicant: Fina Oil and Chemical; Application Number: 14-1016A to amend Certificate of Adjudication Number 14-1016; Location: Unnamed tributary of Beals Creek in Howard County, Big Spring; Basin: Colorado River; Type: Water Use Permit, Amendment to Certificate of Adjudication Number 14-1016; Request: Applicant seeks to amend Certificate of Adjudication Number 14-1016 to authorize use of the 215 acre-feet of water per annum for mining and industrial use from the perimeter of the reservoir and to increase the maximum diversion rate from 700 gallons per minute to 1,550 gallons per minute. Issued in Austin, Texas, on November 3, 1993. TRD-9331620 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 5, 1993 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 October 7, 1993, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.16(a), 17(e), 50, 52, and 54 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number. Joint Application of Johnson County Electric Cooperative Association and the City of Granbury to Amend Certificated Service Area Boundaries Within Hood County, Docket Number 12001 before the Public Utility Commission of Texas. The Application. In Docket Number 12001, Johnson County Electric Cooperative Association requests approval of its application to revise current certificated service area boundaries with City of Granbury in Hood County. 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 November 5, 1993. TRD-9331662 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: November 5, 1993 Notice of Proceeding For Approval of Extended Area Service Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint petition on October 21, 1993, seeking approval of extended area service (EAS) pursuant to sec.23.49(i) of the Public Utility Commission of Texas substantive rules. The following is a summary of the joint petition. Project Title and Number. Joint Petition of Southwestern Bell Telephone Company and the Marlin Exchange to Provide Extended Area Service from the Marlin Exchange to the Waco Exchange, Project Number 12433, before the Public Utility Commission of Texas. The Joint Petition. In Project Number 12433, Southwestern Bell Telephone Company (SWB) and its Marlin Exchange have requested optional flat-rate, two-way extended area service (EAS) between the Marlin Exchange and SWB's Waco Exchange. Customers choosing to subscribe to the optional EAS will pay a flat-rate monthly additive in addition to the basic local exchange charges, as follows: Residence -$12.50; Business-$25. 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, Austin, Texas 78757, or call the Public Utility Commission Public Information Office (512) 458-0256 by January 10, 1994. The telecommunications device for the deaf (TDD) number for the Public Information Office is (512) 458- 0221. Issued in Austin, Texas, on November 2, 1993. TRD-9331503 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: November 3, 1993 Requests Comments on Scope of Competition Report Information The Public Utility Commission of Texas (the Commission) is responsible for reporting biennially to the Legislature on the scope of competition in regulated telecommunications markets. Texas Civil Statutes, Article 1446c, sec.18(k) and (p) (Vernon Supplement 1993) (Public Utility Regulatory Act). The Commission has established a project (Project Number 12202) to investigate the method by which information will be gathered for the Scope of Competition Report that is to be submitted to the Legislature in 1995. The Commission seeks comments from interested parties in response to the following questions. 1. What role, if any, should current economic approaches the antitrust and competition analysis, e.g., the Department of Justice Merger Guidelines, play in defining the extent of competition, potential competition or "workable" competition and/or add the definition of relevant market(s)? 2. How should the Commission determine what services provide actual or potential competition to local exchange service(s)? What principles or approaches should govern the definition of service(s) for the purpose of identifying the scope of competition? What role, if any, should the identification of 'a relevant (antitrust) market' plan in the definition of competing service(s)? 3. What service(s) currently compete with local exchange service(s) and who are the providers of these services? 4. How should competition in local exchange service market(s) be measured? What data should be gathered? 5. How should competition in the local exchange service market(s) be reported to the Commission? Who should report to the Commission, and when and how often should they report? How should the report be structured? 6. How should the Commission determine what services provide actual or potential competition to intraLATA long-distance service(s)? 7. What current services compete with intraLATA long-distance service(s) and who are the providers of the (se) service(s)? 8. How should competition in intraLATA long-distance service market(s) be measured? What data should be gathered? Should measures of competition be ranked in order of importance? Why? 9. How should competition in intraLATA long-distance service markets be reported to the Commission? Who should report to the Commission, and when and how often should they report? How should the report be structured? 10. How should the Commission determine the impact of competition on, and currently, what is the impact of competition on (a) rural customers, (b) low income customers, (c) low usage/volume customers, or (d) disabled customers? 11. How should the impact of competition on (a) rural customers, (b) low income customers, (c) low usage/volume customers, or (d) disabled customers be measured? What data should be gathered? 12. How should the impact of competition in rural areas be reported to the Commission? Who should report to the Commission, and when and how often should they report? How should the report be structured? 13. How should the Commission determine the impact of competition on universal service? State the definition of universal service your are employing in your response. 14. Currently, what is the impact of competition on universal service? 15. How should the impact of competition on universal service be measured? What data should be gathered? 16. How should the impact of competition on universal service be reported to the Commission? Who should report to the Commission, and when and how often should they report? How should the report be structured? 17. What information, if any, provided by telecommunications utilities or other parties for the Scope of Competition Report should be considered proprietary and/or confidential? Please explain why information identified as proprietary and/or confidential is not public information under the Texas Open Records Act. 18. Can the Commission require providers that are not under Commission jurisdiction to report to the Commission? If yes, how? If no, does the Commission need the information from these providers and how should the Commission gather information from and about these providers? If local exchange companies can gather any of this information, should they be required to do so? If yes, how? The Commission also welcomes data and documentation supporting the parties' comments. General Counsel and staff will review the comments and use them in preparing a recommendation to the Commission. Comments (13 copies) should contain a reference to Project Number 12202 and should be submitted to John M. Renfrow, Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days of the date of publication of this notice. Reply comments should be submitted within 45 days of the date of publication of this notice. Issued in Austin, Texas, on November 4, 1993. TRD-9331578 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: November 4, 1993 Requests Comments on Universal Service Considerations for Telephone Utilities The Public Utility Commission of Texas (the Commission) has established a project (Project Number 12141) to examine universal service considerations for telephone utilities. The Commission seeks comments from interested parties in response to the following questions. Parties are requested to organize their comments to address the specific questions asked in the order asked and to address any jurisdictional issues associated with each response. Parties are encouraged to include an executive summary emphasizing the main points of their comments to each question. 1. Should the Commission have a public policy defining universal telecommunications service in the state? If yes, why and what should be the goals of such a policy for Texas? 2. What do you believe to be the current definition of universal telecommunications service? 3. What do you believe the definition of universal telecommunications service should be? Why? 4. Do the terms "universal telecommunications service," "plain old telephone service" (POTS), "basic service," and "basic local exchange service" have the same meanings? If no, what are the differences and why? 5. Should the Commission's universal telecommunications service policy be flexible enough to respond to changing technology? If yes, how? If no, why not? 6. Should the Commission's universal telecommunications service policy be flexible enough to respond to changing consumer needs and demands? If yes, how? Also, if yes, how would consumer needs and demands be determined? If no, why not? 7. Which current services should be considered part of universal telecommunications service? Why, for whom, and how should this determination be made? 8. Which current services should be considered as "optional" services and not considered a part of universal telecommunications service? Why, and how should this determination be made? 9. Should the Commission have a policy and/or methodology for determining when a current service should no longer be considered "optional" and should be considered an element of universal telecommunications service? If yes, what should this policy and/or methodology be and how would it be administered? 10. Should the Commission have a policy and/or methodology for determining whether a new service should be considered "optional" or should be considered an element of universal telecommunications service? If yes, what should this policy and/or methodology be and how would it be administered? 11. Does competition in the telecommunications industry affect universal telecommunications service? If yes, how and why? Also, how should competition be considered with regard to the Commission's policy on universal telecommunications service? 12. Should the Commission's policy on universal telecommunications service specifically address (a) rural customers; (b) low income customers; (c) low usage/volume customers; or (d) disabled customers? In each case, if so, how and why? 13. Should the Commission create new programs and/or expand the Universal Service Fund to promote universal telecommunications service? If so, what programs, how and why? How would the programs be funded and administered? 14. Should the Commission's policy on universal telecommunications service be targeted to assist a specific subgroup of customers within a particular group of customers (e.g., rural customers, low income customers, low usage/volume customers)? If so, identify the specific subgroups that should receive assistance (e.g., homeless persons, unemployed persons, elderly persons, persons on fixed income, public educational institutions, disabled persons, etc.), and explain why. 15. What should be the criteria for qualification in each of the targeted subgroups of customers? 16. What types of assistance should be available for each of the targeted subgroups of customers? 17. Should the Commission develop guidelines for utilities to follow to promote assistance programs for qualifying customers? If so, what guidelines should be developed and how should they be implemented? 18. Should federal action, such as Senate Bill 1086 and the National Information Infrastructure affect any action taken by this Commission? If yes, why and how? Parties interested in providing additional comments are welcome to do so. The Commission also welcomes date and documentation supporting the parties' comments. Comments (13 copies) should contain a reference to Project Number 12141 and should be submitted to John M. Renfrow, Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days of the date of publication of this notice. Reply comments should be submitted within 45 days of the date of publication of this notice. Issued in Austin, Texas, on November 4, 1993. TRD-9331577 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: November 4, 1993 Railroad Commission of Texas Invitation for Bids The Railroad Commission of Texas, Surface Mining and Reclamation Division (hereinafter referred to as the commission), is soliciting bids for regrading of approximately 145.4 acres at the Butler-Weddington (Area 1) AML Regrade Project site. The site is located in Karnes County, 11 miles southwest of Falls City, Texas off FM 791. As the designated state agency for implementation of the "Surface Mining Control and Reclamation Act of 1977" (30 United States Code, sec.1201 et seq), the commission will award a unit price contract to the lowest and best bidder for completion of this work. Sealed bids will be received until 2:00 p.m., January 28, 1994, at which time the bids will be publicly opened and read at the address given below. A mandatory pre-bid conference will be held at the site at 10:00 a.m., December 13, 1993. The project will regrade pit and spoil piles. Construction work items will include: mobilization; clearing and grubbing; topsoil handling; earthwork; water control structures; erosion repair; special handling of unsuitable spoil materials. Copies of the specifications, drawings, and other contract documents are on file in Austin at the following address. The complete bid package may be obtained for $15 from the following mailing address: Butler-Weddington (Area 1) AML Regrade Project; Surface Mining and Reclamation Division; Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; Attention: Melvin B. Hodgkiss, P.E., Director. All questions concerning the work or bid document must be received by 5:00 p.m., January 7, 1994. Issued in Austin, Texas, on November 4, 1993. TRD-9331627 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Filed: November 5, 1993 Texas Department of Transportation Public Notice Introduction. The Texas Department of Transportation (TxDOT) publishes this notice of a meeting for the purpose of obtaining pre-advertisement information regarding the competitive bid for a project manager on a large department automated system development project. Contents of this notice are for initial guidance only and should not be viewed as final constraining guidelines. Suggestions or comments on enhancing the requirements of the future request for bids are requested. Background. The department has a large project in progress that is referred to as the Registration and Title System (RTS) project. The RTS project was initiated in September 1986, pursuant to Texas Transportation Commission Minute Order Number 84934, which authorized the department to proceed with the five- year development of an automated for processing motor vehicle title and registration data. The estimated total cost of the system is $33,685,000. The RTS system will be installed in approximately 400 county tax assessor- collector offices and Vehicle Titles and Registration Division (VTRD) regional office locations in all areas of the state. There are about 2,500 users of the system to be trained prior to installation. About 2200 microcomputer (386 processor, 33mhz, 16 mb RAM, OS/2, Applications Manager, Token Ring LAN) workstations will be installed and connected to the central processor and database (ADABAS) in Austin via the department's LU 6.2 SNA teleprocessing network. The project team is composed of 18 Information System Division (ISD) programmer/analysts, database analysts, microcomputer development specialists and others. There are 16 personnel from VTRD performing mostly user analyst functions, and 13 contract programmers. Schedule. Critical RTS project implementation timeframes are as follows: Phase I-February, 1994, RTS database conversion and VTRD production; Phase II-June, 1994, implement pilot production; Phase III -November, 1994, begin full statewide implementation; Phase IV-September, 1995, end statewide implementation; and Phase V -October, 1995, begin critical enhancements. Status. The RTS project is about two years over the initial schedule. The revised schedule above indicates implementation in four phases. There are about 500 mainframe computer programs required to complete Phase III and most coding has been done. With a few exceptions, RTS mainframe programs are written in the NATURAL (Software AG) language. About 125 microcomputer programs are required to complete Phase III and most coding has been done. The microcomputer programs are written using the "Applications Manager" (Intelligent Environments) development software. Phase I is anticipated to be on time for February, 1994 and will include RTS implementation in the VTRD headquarters and 17 regional offices. The required microcomputers and network are installed and operational in these locations. The application software for Phase I is going through final testing. A major file conversion effort (18+ million motor vehicle records) is scheduled to begin in early January, 1994. Phase II implementation will involve two small-sized county tax offices in a pilot production mode and is scheduled for June, 1994. Phase III is the full scale implementation of RTS in all county tax offices statewide. There are 18 VTRD region groupings of counties. Phase III will be accomplished one VTRD region at a time. Phase IV marks the completion of Phase III and is scheduled for September, 1995. Objective. The department intends to solicit competitive bids for a "project manager" to guide, coordinate, and assist the RTS project team with all implementation related tasks to assure that RTS Phases II through IV are accomplished according to schedule without significant problems or re-work due to poor quality. Phase III is the most critical. The project manager will also oversee and plan for the enhancements necessary for Phase V implementation. Phase V will include critical and necessary business enhancements which have been frozen and/or postponed over the lengthy development cycle. The project manager may be one or more persons, and should remain with the project team until completion of Phase IV implementation. Specific requirements and duties of the project manager will be described in the advertisement for bids, which is tentatively scheduled to be mailed to interested parties in December, 1993. A basic requirement is that the bidder must have prior experience managing projects of size, scope, and technical complexity similar to RTS. The RTS project manager should have a working knowledge of: IBM compatible mainframe computers, IBM MVS/ESA operating system, APPC communication, IBM compatible microcomputers (386-486 level), IBM OS/2 operating system, Token Ring local area network, mainframe ADABAS/NATURAL, client/server architecture, backup/recovery in a client/server environment, distributed processing, multi- site installation/support, remote file distribution, large-scale user training, and large project planning/estimating. The project manager will be responsible for directing the existing RTS project team and will report to the department's Assistant Executive Director for Motorist Services. The project manager will coordinate with the division directors of the Information Systems Division and the Vehicle Titles and Registration Division. Meeting. A pre-advertisement meeting will be held on Tuesday, November 23, 1993, at 10:00 a.m. at 200 East Riverside Drive, Room 102, Austin for all parties interested in submitting suggestions or comments for specification development. A draft specification and additional information regarding the proposed bid will be available at the meeting. Information from interested parties is being requested to ensure a successful bid. It is not necessary to be present at the November 23, 1993, meeting to receive notice of bid. If you plan to attend the November 23, 1993, meeting, please advise Varinia Gann at (512) 416-2062 by November 21, 1993. Issued in Austin, Texas, on November 8, 1993. TRD-9331684 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: November 8, 1993