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 Department of Agriculture Correction of Error The Texas Department of Agriculture proposed new sec. sec.18.1-18.17, concerning a program for certification of organic food and fiber. The rules appeared in the February 1, 1994, issue of the Texas Register (19 TexReg 687). On page 691, sec.18.5(b)(1)(E), the fee for 50 to 100 acres was incorrectly printed. That subpart should read as follows: "(E) 50 to 100 acres will be charged $150." On page 691, at sec.18.5(c), language in that subsection was incorrectly printed or omitted. That subsection should read as follows: "(c) A person who fails to submit a renewal fee on or before the expiration date of the certification shall pay, in addition to the renewal fee, the late fee provided by the Code, sec.12.024." On pages 691 and 693, sec.18.6(a)(1)(A) and (B), the logos submitted for publication were not included. That subsection should appear as follows: "(a) Logos (1) The department shall have two registered logos as certification marks. (A) Texas Department of Agriculture Certified Organically Produced Logo. One logo shall include the phrase "Texas Department of Agriculture Certified Organically Produced" and shall take the following form: [graphic] (B) Transitional Logo. A second logo shall include the phrase "Texas Department of Agriculture Transitional-Organic Certification Pending" and shall take the following form: [graphic] Texas Commission on Alcohol and Drug Abuse Consultant Proposal Request Pursuant to Texas Civil Statutes, Article 6252-11c, the Texas Commission on Alcohol and Drug Abuse (TCADA) invites proposals from qualified consultants to provide training for staff of TCADA-funded programs in the use of the Addiction Severity Index (ASI) in a manner that is practical, economical, and clinically useful. The consultant will provide 20 training sessions with no more than 20 participants per session. The trainings will be scheduled in various regions of the state to allow accessibility for local program staff. The consultant will provide and manage all aspects of training, including publicizing the availability of the training, scheduling sessions, notifying prospective participants, securing suitable facilities, providing training aids, providing qualified and experienced trainers, and all other costs associated with this effort. To obtain a complete copy of this RFP, contact Kelly Reichenbach, Texas Commission on Alcohol and Drug Abuse, 710 Brazos, Austin, Texas 78701, (512) 867-8735. All proposals in response to the RFP must be received by 5:00 p.m. on February 24, 1994. A panel of program and administrative staff from TCADA will score and rank proposals based on criteria described in the Request for Proposed (RFP) Consultant Contract. The initial award period for this work will be March 16, 1994-August 31, 1994. Issued in Austin, Texas, on February 14, 1994. TRD-9436136 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Filed: February 14, 1994 Office of Consumer Credit Commissioner Correction of Error The Office of Consumer Credit Commissioner submitted proposed new to 7 TAC sec.1.305, concerning procedures for requesting clarification of aspects of Title 79 from the Consumer Credit Commissioner. The rule appeared in the January 28, 1994, issue of the Texas Register (19 TexReg 565). The last paragraph of the preamble should read: "The new rule is proposed under Texas Civil Statutes, Article 342-114A, which provided the State Finance Commission with the authority to prescribe such rules or procedure as may be necessary for supervising the Consumer Credit Commissioner and for ensuring compliance with Texas Civil Statutes, Title 79, Article 5069-1.01, et seq." Section (a) should read: "Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise." Section (a)(2) should read: "Commissioner-The commissioner of the Office of Consumer Credit Commissioner." Section (b)(5) should read: "A fee not to exceed $300 will be charged for an interpretation to compensate the agency for the expense involved in researching and answering the request. A payment of $300 should be submitted with the request. The commission shall determine and remit a partial refund if deemed applicable. The commission may waive the fee." State Employee Campaign Policy Committee State Employee Charitable Campaign-Notice of Request for Applications for Charitable Organizations In accordance with Texas Civil Statutes, Article 6813h, the State Employee Charitable Campaign Policy Committee is accepting applications from federations and funds seeking participation as a Statewide Charitable Organization in the State Employee Charitable Campaign. Who is eligible to apply. Eligibility criteria include, but are not limited to, the following: (1) Applicant organizations must be a "federation or fund." A "federation or fund" means an umbrella fundraising entity that: (A) is exempt from taxation under sec.501(a) of the Internal Revenue Code of 1986 as an organization described in sec.501(c)(3) of that code and to which contributions are deductible for income tax purposes under sec.170 of that code; (B) acts as an agent for at least five charitable organizations; (C) is not organized exclusively to solicit contributions from state employees; and (D) is supported by voluntary contributions from the public. Application Forms and Deadline Date. An application form can be obtained by writing the State Employee Charitable Campaign, 603 West 13th, #418, Austin, Texas 78701, and requesting the Statewide Charitable Organization Application Form. For more information, contact Tom Tobin, State Advisory Committee, (512) 473-2249. If alternate format is required, please contact Tom Tobin or (800) 735-2989. Completed applications must be postmarked no later than March 18, 1994. No applications received after the deadline will be considered. Issued in Austin, Texas, on February 11, 1994. TRD-9436050 Tom Tobin Member State Employee Campaign Advisory Committee Filed: February 11, 1994 State Employee Charitable Campaign-Notice of Request for Applications for State Campaign Manager In accordance with Texas Civil Statutes, Article 6813h, the State Employee Charitable Campaign Policy Committee is accepting applications from federations and funds seeking the position of State Campaign Manager. Responsibilities. Responsibilities include, but are not limited to, coordinating and facilitating campaign services to state employees throughout the state, developing a campaign plan, and preparing generic campaign materials and a campaign budget. Who is eligible to apply. Eligibility criteria include, but are not limited to, the following: (1) Application organizations must be a "federation or fund." A "federation or fund" means an umbrella fundraising entity that: (A) is exempt from taxation under sec.501(a) of the Internal Revenue Code of 1986 as an organization described in sec.501(c)(3) of that code and to which contributions are deductible for income tax purposes under sec.170 of that code; (B) acts as an agent for at least five charitable organizations; (C) is not organized exclusively to solicit contributions from state employees; and (D) is supported by voluntary contributions from the public. (2) Application organizations must also: (A) have demonstrated expertise in conducting workplace charitable campaigns; (B) demonstrate that they distribute funds raised through a cooperative community campaign to at least five agencies that provide direct health and human services. Application Forms and Deadline Date. An application form can be obtained by writing the State Employee Charitable Campaign, 603 West 13th, #418, Austin, Texas 78701, and requesting the State Campaign Manager Application Form. For more information contact Tom Tobin, State Campaign Advisory Committee, (512) 473-2249. If an alternate format is required, please contact Tom Tobin or (800) 735-2989. Completed applications must be postmarked no later than March 18, 1994. No applications received after the deadline will be considered. Issued in Austin, Texas, on February 11, 1994. TRD-9436051 Tom Tobin Member State Charitable Campaign Advisory Committee Filed: February 11, 1994 Texas Department of Health 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: Southern Cats, Inc. of Texas, Arlington, R18370; Medplus West, El Paso, R18707; Mobile Technology, Inc., Converse, R17691; Azar Nut Company, El Paso, R19180; Medical Plaza Hospital, Inc., Sherman, Z00644; One Day Surgery Center, Fort Worth, Z00653; Jim B. Hales, D.D.S., Argyle, R18295; Jonathan W. Twigg, D.C., Alpine, R18307; Steven Skinner, D.C., Lubbock, R18618. 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, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on February 11, 1994. TRD-9436057 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: February 11, 1994 Texas Department of Human Services Correction of Errors The Texas Department of Human Services (DHS) filed a proposed amendment to 40 TAC sec.19.1912. The rule was published in the December 10, 1993, issue of the Texas Register (18 TexReg 9169). In the proposal the agency inadvertently omitted the word "Service" from the title of the rule. The rule was adopted in the February 1, 1994, issue of the Texas Register (19 TexReg 717), DHS did not adopt the section with changes which was necessary to restore the correct rule title. Therefore, the change is being made by correction of error. DHS requests that sec.19.1912 be changed from "Additional Clinical Record Requirements" to "Additional Clinical Record Service Requirements." The Texas Department of Human Services submitted a proposed amendment to 40 TAC sec.52.501 and sec.52.502. The rules appeared in the February 4, 1994, issue of the Texas Register (19 TexReg 779). The proposal contained an error as published in the issue. The phrase "the department" should appear in brackets, not parentheses, because it is being deleted. It should read: (15) insurance expenses for life insurance premiums if the beneficiary is the provider agency, and for insurance on assets not related to delivering services for which DHS [the department] has contracted; (16) interest expense on loans for assets not related to delivering of services for which DHS [the department] has contracted (interest expenses must be reduced or offset by interest income except interest income from funded depreciation accounts or qualified pension funds); (17) personal compensation to persons not providing services contributory to delivering services for which DHS [the department] has contracted; (18) personal expenses not related to delivering services for which DHS [the department] has contracted; (19) (No change.) (20) rental or lease expense on any item not related to delivering services for which DHS [the department] has contracted; Texas Natural Resource Conservation Commission 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 the City of Bryan (Permits Numbers 10426-01, 10426-02, and 10426-03) on January 31, 1994, assessing $26,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Geoff Petrov, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0677. An agreed enforcement order was entered regarding the City of Thorndale (Permit Number 10302-01) on January 31, 1994, assessing $20,000 in administrative penalties with $7,800 deferred. Information concerning any aspect of this order may be obtained by contacting Raymond Winter, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0477. An enforcement order was entered regarding Royce Radicke (Water Well Drilling License Number 3074-W, Docket Number WWD 93-17) on January 31, 1994, assessing $6,000 in administrative penalties with $3,000 deferred pending compliance. Information concerning any aspect of this order may be obtained by contacting Kerrie Qualtrough or Bonnie Rubey, Staff Attorneys, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239- 0600. An agreed enforcement order was entered regarding Petroleum Wholesale, Inc. (TNRCC Facility I.D. Number 48158/No WQ Permit Number) on January 31, 1994, assessing $11,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Raymond Winter, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0477. An agreed enforcement order was entered regarding the City of Ladonia (Permit Number 10740-01) on January 31, 1994, assessing $7,840 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 Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0677. An enforcement order was entered regarding Donn Galloway (Water Well Drilling License Number 3067W, Docket Number WWD 94-04) on January 31, 1994, assessing $2,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kerrie Qualtrough or Bonnie Rubey, Staff Attorneys, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239- 0600. An enforcement order was entered regarding Donald Donnley (Water Well Drilling License Number 3064-WI; Docket Number WWD 94-03) on January 31, 1994, assessing $1,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kerrie Qualtrough or Bonnie Rubey, Staff Attorneys, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239- 0600. An agreed enforcement order was entered regarding Roscoe Conoley (TNRCC Operator Certificate Number 454204261) on January 31, 1994, assessing $4,600 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Raymond Winter, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0477. Issued in Austin, Texas, on February 7, 1994. TRD-9345954 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: February 9, 1994 Notice of Application for Municipal Solid Waste Management Attached are Notices of Applications for municipal solid waste permits issued during the period of January 31-February 4, 1994. 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 request for a hearing within 30 days after newspaper 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 filling 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 Water Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7906. Republic/Maloy Landfill and Sanitation, Inc.; Commerce; Type I; 389 acres 3 miles north of Interstate 30 on FM Road 1568, approximately 4 miles south of the City of Commerce, Hunt County, Texas; amendment; MSW1195-A. Issued in Austin, Texas, on January 31, 1994. TRD-9435946 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: February 9, 1994 Notice of Application for Waste Disposal Permits For the Weeks Ending: February 4-11, 1994 Attached are Notices of Application for waste disposal permits. These notices were issued during the period of February 4-11, 1994. 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 application(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. Exxon Corporation, Exxon Company U.S.A.; the petroleum refinery and organic chemical manufacturing facility; is at 2800 Decker Drive in the City of Baytown, Harris County, Texas; renewal; 00592. Central Independent School District; the wastewater treatment facilities; are south of and adjacent to U.S. Highway 69, approximately 0.4 mile northwest of the Intersection of U.S. Highway 69 and FM Road 843 in Angelina County, Texas; renewal; 12214-01. City of Goodlow; the wastewater treatment facilities; are approximately two miles south of the intersection of State Highway 31 and State Highway 309 on the west side of State Highway 309 in Navarro County, Texas; renewal; 12616-01. Mayde Creek Municipal Utility District; the wastewater treatment facilities; are approximately 1 mile south of Clay Road and 0.5 mile east of Fry Road in Harris County, Texas; renewal; 11969-01. P Chem, Inc.; a chemical manufacturing facility primarily producing oil field chemicals; the plant site is at 100 Old Latexo Road in the City of Latexo, Houston County, Texas; renewal; 02393. Palmer Barge Line, Incorporated; the Palmer Terminal, a barge cleaning and repair facility; the plant site is at 8600 Old Yacht Club Road in the City of Port Arthur, Jefferson County, Texas; amendment; 02573. Pioneer Concrete of Texas, Inc.; a sand and gravel dredging operation; the plant site is on the east bank of the Brazos River at River Mile 140.5, approximately 6 miles southwest of the City of Brookshire, Waller County, Texas; renewal; 02665. City of Portland; the wastewater treatment plant; is at 900 Moore Avenue (FM Road 893), 2,000 feet northwest of the intersection of FM Road 893 and U.S. Highway 181 in the City of Portland in San Patricio County, Texas; renewal; 10478-01. Sun Pipe Line Company; a Marine Terminal which leases tanks for storage of crude oil, petroleum fuels, lube oil stock and organic chemicals; the plant site is north of the City of Nederland and north of the intersection of State Highway 347 and FM Road 366, Jefferson County, Texas; amendment; 01151. Taiwan Shrimp Village Association, Inc.; a mariculture facility to raise shrimp for human consumption; the plant site is on the south side of FM 2925 and approximately 1.4 miles east of the intersection of FM 2925 and FM 1897 near the City of Arroyo City, Cameron County, Texas; new; 03596. City of Troy; the wastewater treatment facilities; are approximately 5,500 feet north of the center of the City of Troy and lying between Interstate Highway 35 and the Missouri-Kansas-Texas Railroad in Bell County, Texas; renewal; 11263-01. Lyondell Petrochemical Company; the facility stores and processes Class I hazardous, Class I and Class II industrial solid wastes generated on-site. Hazardous wastes managed at the facility consist of off-specification commercial chemical products, container and spill residues, listed hazardous waste from specific and non-specific sources, and characteristically hazardous wastes resulting from the manufacture of synthetic organic chemicals; the facility is located on a 1,246.30-acre tract of land approximately six miles north of Interstate Highway 10 on Sheldon Road, west of the San Jacinto River, Channelview, in Harris County, Texas; new; HW-50117. Monarch Tile Manufacturing, Inc.; to authorize post-closure care for an on-site closed landfill. Sludges from surface impoundments that contained lead were stabilized and deposited in the landfill; the Class I hazardous wastes formerly managed in the landfill were generated on-site from the manufacture of ceramic tiles; the facility is located on a 15.57-acre tract of land at the southwest corner of the intersection of U.S. Highway 80 (West Grand Avenue) and Marshall Street in Marshall, Harrison County, Texas; new; HW-50333. Issued in Austin, Texas, on February 11, 1994. TRD-9436126 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: February 11, 1994 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 10 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 stat 5> 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 conditions 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 10 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 the Chief Clerk's Office, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Application by Andrew and Anna Johnson doing business as Opelousas Water System Application Number 30212-C, for a Water Certificate of Convenience and Necessity in Anderson County, Texas. Kendall County; Application Number TA-7156 for a temporary permit to divert and use for industrial purposes (roadway construction and maintenance) in Kendall County, Texas, 10 acre-feet of water for a 3-year period from various creeks and rivers throughout Kendall County, which are: the Guadalupe River, Guadalupe River Basin, tributaries of the Guadalupe River, Guadalupe River Basin, tributaries of the Colorado River, Colorado River Basin (in the northern portion of Kendall County), and tributaries of the San Antonio River, San Antonio River Basin (in the southern portion of Kendall County). The proposed points of diversion are from the roadway crossings of the various creeks and rivers throughout Kendall County, Texas. Application by North Alamo Water Supply Corporation Application Number 23-240F, to amend Certificate, as amended, to combine the rights they own pursuant to Certificate 23-828, as amended, with the rights authorized by Certificate Number 23-240, as amended, and change the purpose of use of the 5, 000 acre-feet of Class "A" irrigation water rights they own to municipal use and to change the place of use of the water and diversion point. Issued in Austin, Texas, on February 11, 1994. TRD-9436128 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: February 11, 1994 Notices of Receipt of Applications and Declaration for Administrative Completeness for Sludge Registrations Attached are Notices of Receipt of Applications and Declaration of Administrative Completeness for sludge registrations issued during the period of February 7-11, 1994. These applications have been determined to be administratively complete, and will now be subject to a technical evaluation by the staff of the Texas Natural Resource Conservation Commission. Persons should be advised that these applications are subject to change based on evaluations of the proposed treatment levels, treatment processes and site specific conditions as they relate to the protection of the environment and public health. Persons desiring a public meeting regarding these applications should submit a written request to the Chief Clerk of the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711. The request should contain the name, mailing address, and phone number of the person making the request; and the reason a public meeting is desired. The deadline for submitting this request is 30 days from the date which the application was posted for public review. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Alamo Pumping Service; located approximately 0.25 mile east of the intersection of Stewart Road and Juan Balli Road, 4 miles south of the City of San Juan, Hidalgo County, Texas; new beneficial sludge use site; 710674. Issued in Austin, Texas, on 11, 1994. TRD-9436127 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: February 11, 1994 Public Hearing Notice The Texas Natural Resource Conservation Commission (TNRCC) will hold a public hearing at 2:00 p.m., Monday, February 28, 1994, at the TNRCC offices, Building E, Room 202-S, 12118 North IH-35, Park 35 Technology Center, Austin, Texas. TNRCC has proposed an amendment to 30 TAC sec.320.21, concerning the program for water quality assessment by watershed. Water Code, sec.26.0135 authorizes the commission to assess an annual fee against each permittee holding a permit for wastewater treatment or a permit for surface water rights for the purpose of supporting the costs of regional water quality assessment activities conducted by the commission and river authorities or other eligible local jurisdictions. Proposed rules were published in the February 1, 1994, issue of the Texas Register (19 TexReg 706) which, if adopted, will increase fee assessments under the regional water quality assessment program. Written comments on the proposal may be submitted to Stephen Minick, Budget and Planning Division, Texas Natural Resources Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. For further information regarding the hearing, please contact Stephen Minick at (512) 239-0214. Issued in Austin, Texas, on February 14, 1994. TRD-9436145 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 14, 1994 Texas Parks and Wildlife Department Executive Order Number 92-001 The Executive Director of the Texas Parks and Wildlife Department finds that effective September 31, 1991, two species of native plants (Terlingua Creek cat's-eye (Cryptantha crassipes) and Texas trailing phlox (Phlox nivalis ssp. texensis) ) were added to the United States List of Endangered Plant Species. The Executive Director further finds that effective October 2, 1991, the species of native plant, Walker's manioc (Manihot walkerae), was added to the United States List of Endangered Plant Species. The Executive Director further finds that effective November 14, 1991, the species of native plant, Little Aguja pondweed (Potamogeton clystocarpus), was added to the United States List of Endangered Plant Species. The Executive Director of the Texas Parks and Wildlife Department further finds that the species of native plants listed below are included on the United States List of Endangered Plant Species or the United States Listed of Threatened Plant Species as of this date and that the listed plants occurred in the State of Texas. Accordingly, the Executive Director hereby ORDERS that the species of native plants listed below are designated as endangered or threatened and therefore are subject to all protections under Chapter 88 of the Texas Parks and Wildlife Code. The following plants are endangered: [graphic] The following plants are threatened: [graphic] The effective dates of listing: [graphic] This order is issued pursuant to Chapter 88 of the Texas Parks and Wildlife Code and is effective immediately. Issued in Austin, Texas, on February 8, 1994. TRD-9435984 Paul M. Shinkawa General Counsel Texas Parks and Wildlife Department Filed: February 10, 1994 Public Utility Commission of Texas Correction of Error The Public Utility Commission of Texas adopted new sec.23.92. The rule appeared in the February 8, 1994, issue of the Texas Register (19 TexReg 902). The effective date of the rule was listed as "March 1, 1994", the correct date should be "February 22, 1994". Public Utility Commission of Texas Requests Comments on Amendments to the Commission's Substantiative Rules to Include Spanish Language Requirements The Public Utility Omission of Texas has established a project (Project Number 12706) to consider the amendment of the Commission's Substantiative and Procedural Rules to require utilities to communicate with customers in both English and Spanish. The Commission seeks comments from interested parties in response to the following questions. Parties should include their reasons supporting the response to each question. Parties have the option of offering draft language whenever it is appropriate. The Commission requests that parties respond to the questions in the order in which they are presented below and encourages parties to include an executive summary of their comments. 1. Should the Commission establish a general rule or, in the alternative, amend existing rules, to require public utilities to include a Spanish language translation in all written customer communications including notices? If yes, how should the utilities accomplish this? 2. Should the Commission establish a general rule or, in the alternative, amend existing rules to require public utilities to be capable of conducting all oral communications with the utilities' business office or repair service in Spanish? If yes, how should the utilities accomplish this capability? 3. Should public telecommunications utilities be required to provide Spanish- speaking operators upon customer request or when it is evident that the caller can speak only Spanish? If yes, how should the utilities accomplish this? 4. Should public telecommunications utilities be required to provide any oral announcements/notices in the Spanish language? If yes, how should the utilities accomplish this? 5. Should a requirement to provide oral or written notice in Spanish apply to all areas of Texas or only areas where a certain percentage of the general population of that area speaks Spanish? 6. If a requirement should only apply to areas where a certain percentage of the general population speaks Spanish, what percentage should trigger the requirement? 7. How should the Commission define areas where the requirement would apply (eg., by exchange, LATA, city, county)? 8. The Commission has identified the following Substantiative Rules as potentially affected by such a requirement: sec.23.41(a)(2),(4),(6),(8), and (b) (2); sec.23.42(b); sec.23.43(a)(5), (c)(1)(A)(B), and sec.23.44(c)(3); sec.23.45(c) (3),(5),(7),(8), (e), (f)(1)(A)(B), (f)(2)(A), (g), (h)(1), (i)(1), and (j); sec.23.46(a), (j), (k)(2), (1)(3), and (m)(3); sec.23.49(b)(7); sec.23.50(e)(1)(A) ; sec.23.51(c)(1)(H) and (d)(1)(A); sec.23.52(d) and (e); sec.23.54(d)(1)(B),(C), (F), and (d)(2)(A-C), (4); sec.23.55(d)(1),(2),(e),(h)(1-3), and (j)(1); sec.23. 56(d)(1)(B)(D), and (H); sec.23.57(e)(3)(A), (e)(5), and (g)(3); sec.23.58(c) (1-3) and (d)(1); sec.23.61(e)(3)(B) and (e)(7)(C). Should the Commission amend any other sections of its rules, or should other sections be added, to require that any communication with customers, or written, be in the Spanish language? Please identify any section that should be amended or any issue that should be addressed in a new section. 9. Are there procedures that the Commission should establish or amend to implement a requirement that any communication with customers, oral or written, be in the Spanish language? Please describe fully the current procedure, if any, and suggested changes. 10. Does the Commission have the authority to require utilities to provide written and oral communications in Spanish? Please explain. 11. Please indicate other matters, if any, the Commission should consider in order to fully implement a requirement to communicate with customers in the Spanish language. The Commission staff and the General Counsel will review the comments and use them in preparing a recommendation to the Commission for further action, including possible amendments to the Commission's Substantiative Rules (16 TAC sec.23.1 et seq.). Comments (13 copies) should be submitted to John M. Renfrow, Secretary of the Commission, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days of the date of publication of this notice. Comments should refer to Project Number 12706. Issued in Austin, Texas, on February 10, 1994. TRD-9436004 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: February 11, 1994 Notice of Intent to File Pursuant to P.U.C. Substantiative Rule 23.27 Notice is given to the public of the intent to file with Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantiative Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for American State Bank, Lubbock, Texas Docket Title and Number . Application of Southwestern Bell Telephone Company for Approval of Plexar-Custom Service for American State Bank pursuant to Public Utility Commission Substantiative Rule 23.27 Docket Number 12745. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for American State Bank. The geographic service market for this specific service is the Lubbock, Texas 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 February 8, 1994. TRD-9435948 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: February 9, 1994 Public Utility Commission of Texas Requests Comments on Opportunities for Minorities and Women The Public Utility Commission of Texas has established a project (Project Number 12375) to examine questions regarding efforts made by public utilities to provide contracting opportunities to historically-under-utilized businesses and employment opportunities to minorities and women. The Commission seeks comments from interested parties in response to the following questions. Parties should include reasoning supporting the response to each question. Parties are requested to respond to the questions in the order in which they are presented below and are encouraged to include an executive summary of their comments. 1. Generally, historically-under-utilized businesses have been defined to include businesses with majority shares owned, managed, and controlled by "minority group members" defined as: (A) African-Americans; (B) American-Indians; (C) Asian-Americans; (D) Hispanic-Americans and other Americans of Hispanic origin; and (E) Women. Identify any other groups of businesses or persons that should be included in this list, or any groups listed that should be excluded. 2. For employment purposes, should the definition of "minority group members" include the groups listed? If not, should the definition be more or less inclusive? What groups should be added or excluded? 3. Should public utilities be required to periodically report to the Commission the participation of historically-under-utilized businesses in contracting and other business opportunities in Texas? 4. Should public utilities be required to periodically report to the Commission the employment opportunities provided by public utilities to "minority group members" in Texas? 5. What authority, if any, does the Commission possess to require the reporting of such information described in questions 3 and 4? 6. Please submit suggestions for the content and form of reporting requirements, if any. 7. Please identify the regulatory purposes, informational purposes, or other legitimate purposes for which the information provided by the utilities may be used by the Commission, if any. 8. Should the Commission adopt a suggested goal to guide public utilities in their provision of business opportunities for historically-under-utilized businesses? If so, what should the goal be? Also please identify the source, if any, of the Commission's authority to establish such goals. 9. Should the Commission adopt a suggested goal to guide public utilities in their provision of employment opportunities for "minority group members"? If so, what should the goal be? Also please identify the source if any, of the Commission's authority to establish such goals. 10. Please include other comments that the Commission should consider in addressing the issues raised by these questions. The Commission's staff and General Counsel will review the comments and use them in preparing a recommendation to the Commission for further action. The Commission may use the comments to formulate proposed amendments to its Substantiative Rules. Comments (13 copies) should be submitted to John M. Renfrow, Secretary of the Commission, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days of the date of publication of this notice. Comments should refer to Project Number 12375. The names and mailing addresses of commenters will be used to compile a service list for this project. The service list will be used to notify commenters of future proceedings in this project. Issued in Austin, Texas, on February 10, 1994. TRD-9436003 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: February 11, 1994 Texas Low Level Radioactive Waste Disposal Authority Notice of Public Hearing In accordance with the Health and Safety Code, the Authority has submitted a license application to the Texas Natural Resource Conservation Commission for the operation of a low-level radioactive waste disposal facility in Hudspeth County, Texas. Copies of the license application are available for viewing at Austin office of the Texas Low-Level Radioactive Waste Disposal Authority, 7701 North Lamar Boulevard, Suite 300, Austin, Texas, (512) 451-5292, and the Sierra Blanca office at 203 FM 1111 South, Sierra Blanca, Texas, (915) 369-3391. Authority staff will hold a public meeting in Forth Hancock, Texas on Thursday, February 24, 1994, to discuss the status of the proposed disposal facility project. The meeting will be held in the school library from 6:30 p.m. to 8:30 p.m. Technical staff will be available to answer questions. For more information, please contact Adriana Riojas, Public Information Officer, at (512) 451-5292. Issued in Austin, Texas, on February 11, 1994. TRD-9436130 Lee H. Mathews Deputy General Manager and Legal Counsel Texas Low-Level Radioactive Waste Disposal Authority Filed: February 14, 1994 Texas Savings and Loan Department Correction of Error The Texas Savings and Loan Department proposed a repeal to 7 TAC sec.67.5 and sec.77.105, concerning gifts or inducements to attract customers to open or add to deposit accounts with an institution, amendments to 7 TAC sec.sec.69.1, 69. 2, 69.7-69.9, 69.11, concerning reorganizations, mergers, consolidation and acquisitions involving state chartered savings and loan associations, a new 7 TAC sec.73.6, concerning the authority of state savings and loan associations to invest in operating subsidiaries whose activities are limited to those that could be conducted directly by the parent savings and loan association, repeal to 7 TAC sec.79.12, concerning the authority to adopt, amend, and repeal the bylaws of a state savings bank, an amendment to 7 TAC sec.79.95, concerning the fee charged to each savings bank for an examination, and amendment to 7 TAC sec.79.105, concerning the filing fee for existing depository institutions to convert to a state savings bank charter. The rules appeared in the January 25, 1994, Texas Register (19 TexReg 390, 393, and 392). Due to a publishing error the agency's information phone number was incorrectly printed. The number should be "(512) 475-1350". In sec.73.6, line five, should read "which could be conducted directly by the". Texas Department of Transportation Notice of Contract Award Under the provisions of the Texas Civil Statutes, Article 664-4, the Texas Department of Transportation publishes this notice of a consultant contract award for providing professional engineering services. The request for qualifications for professional engineering services was published in the Texas Register on September 24, 1993 (18 TexReg 6576) . The consultant will provide professional engineering services for the Airport Layout Plan Report for the following TxDOT Project: City of Pleasanton, TxDOT Project Number 94-40-053. The engineering firm for these services is: Espey, Huston and Associates, Inc., P.O. Box 519, Austin, Texas 78767-0519. The total value of the contract is $10,280 and the contract period starts on February 1, 1994, until the completion of the project. Issued in Austin, Texas, on February 7, 1994. TRD-9436049 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: February 11, 1994