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 Request for Proposals Pursuant to the Texas Agriculture Code, 12.002 and 12.007, the General Appropriations Act, Senate Bill 5, Article I, pages I-9 to I-15, Acts 1993, 73rd Legislature, Regular Session, and Senate Bill 1089, 1, pages 1-2, Acts 1993, 73rd Legislature, Regular Session, the Texas Department of Agriculture (TDA) is authorized to contract with producer organizations to provide statewide integrated pest management (IPM) programs. TDA has entered into a cooperative agreement with Texas Pest Management Association (TPMA) to administer TDA's IPM grant program. TPMA, through TDA, hereby requests proposals for fiscal year 1995 projects that use and expand the use of integrated pest management in agriculture. A total of $297,500 will be awarded, with no more than $40,000 being awarded per grantee. The proposed projects should be for: demonstration of IPM principles and technology; establishment of educational programs to expand the use of biologically-intensive IPM; and implementation of and carrying out of biologically-intensive IPM programs for farmer/rancher groups. Proposals must be submitted by non-profit producer, education, or research organizations involved in integrated pest management programs. Joint efforts between public and private entities are encouraged. Proposals will also be accepted for the support of boll weevil diapause programs. Proposals involving research other than IPM implementation research and proposals for chemical Texas Department of Agriculture pesticides efficacy testing are not eligible for grant funds. Preference will be given to: proposals that emphasize the final development of new, previously untested technologies; proposals that compare different IPM strategies to arrive at optimal biologically-intensive strategies; proposals that seek implementation of previously unused IPM technologies; proposals that seek implementation of IPM practices in Texas counties where such practices have not been used; multi-county IPM proposals; and proposals that evaluate economic and environmental impacts of IPM use. Each proposal must include the following: a project summary and rationale/justification, project objectives, project work plan/duration, description of the anticipated impact on agriculture, vitae of principal project managers, and a detailed project budget. The entire proposal may not exceed six pages, including attachments. All approved projects must be completed by August 31, 1995. Upon completion of the project, a project report will be due within four weeks. The quality of this report may be used to evaluate further funding requests. All awards will be subject to audit. Proposals should be submitted to Mike Wallace, Executive Director, Texas Pest Management Association, 8000 Centre Park Drive, Suite 340, Austin, Texas 78754. Mr. Wallace may be contacted by phone at (512) 834-8762 or by fax at (512) 339- 6302 for additional information about preparing the proposal. Proposals Texas Department of Agriculture must be received no later than 5:00 p.m., August 12, 1994. All proposals will be evaluated by a proposal review committee made up of persons knowledgeable in IPM programs and practices. Proposals will be evaluated based on the requirements set forth above. The announcement of the grant awards will be made by September 16, 1994. Issued in Austin, Texas, on July 8, 1994. TRD-9443741 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Filed: July 8, 1994 Texas Bond Review Board Bi-Weekly Report on the 1994 Allocation of the State Ceiling on Certain Private Activity Bonds The information that follows is a report of the allocation activity for the period of June 18-July 1, 1994. Total amount of state ceiling remaining unreserved for the $252,434,000 subceiling for qualified mortgage bonds under the Act as of July 1, 1994: $85, 434,000. Total amount of state ceiling remaining unreserved for the $157,771,250 subceiling for state-voted issues under the Act as of July 1, 1994: $47,770, 363.96. Total amount of state ceiling remaining unreserved for the $67,616,250 subceiling for qualified small issues under the Act as of July 1, 1994: $45, 366,250. Total amount of state ceiling remaining unreserved for the $45,077,500 subceiling for residential rental project issues under the Act as of July 1, 1994: $6,322,500. Total amount of state ceiling remaining unreserved for the $378,651,000 subceiling for all other bonds requiring an allocation under the Act as of July 1, 1994: $0. Total amount of the $901,550,000 state ceiling remaining unreserved as of July 1, 1994: $184,893,113.96. Following is a comprehensive listing of applications which have received a reservation date pursuant to the Act from June 18-July 1, 1994: Southeast Texas HFC, Assured Housing Corporation, Residential Rental Garland Oaks Apartments, $4,100,000. Following is a comprehensive listing of applications which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from June 18-July 1, 1994: Grand Prairie HFC, Eligible Borrowers, MRBs, $14,940,000; Harris County IDC, National Waste Industries, Cougar Landfill, $5, 000,000; McKinney EDC, Leon's Texas Cuisine, Food Manufacturing Facility, $4, 850,000. Following is a comprehensive listing of applications which were either withdrawn or cancelled pursuant to the Act from June 18-July 1, 1994: Southeast Texas HFC, Assured Housing Corporation, Residential Rental Garland Oaks Apartments, $3,750,000. Following is a comprehensive listing of applications which released a portion of their reserved amount pursuant to the Act from June 18-July 1, 1994: none. Issued in Austin, Texas, on July 5, 1994. TRD-9443514 Albert L. Bacarisse Executive Director Texas Bond Review Board Filed: July 5, 1994 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Article 1.04, Title 79, Revised Civil Statutes of Texas, as amended (Article 5069-1.04, Vernon's Texas Civil Statutes). [graphic] Issued in Austin, Texas, on July 5, 1994. TRD-9443622 Al Endsley Commissioner Office of Consumer Credit Commissioner Filed: July 7, 1994 Texas Education Agency Notice of Public Hearings The State Board of Education (SBOE) Committee on Long-Range Planning will hold a series of public hearings to obtain input on the development of the Long-Range Plan for Public Education, 1995-1999. The hearings will be held at the times and places listed as follows. Hearings may adjourn before the stated ending time if all who pre-registered or registered on-site have been called to give testimony. Hearings will be held at the following locations: Thursday, August 18, 1994 from 3:00 p.m. until 5:00 p.m. and from 6:30 p.m. until 8:30 p.m., at Region 2 Education Service Center, 209 North Water Street, Room 2D, Corpus Christi, Texas; Tuesday, August 23, 1994 from 3:00 p.m. until 5:00 p.m. and from 6:30 p.m. until 8:30 p.m., at Region 13 Education Service Center, 5701 Springdale Road, Rooms 202 and 203, Austin, Texas; Thursday, August 25, 1994 from 3:00 p.m. until 5:00 p.m. and from 6:30 p.m. until 8:30 p.m., at Region 17 Education Service Center, 1111 West Loop 289, Room 229 North, Lubbock, Texas; and Tuesday, August 30, 1994 from 3:00 p.m. until 5:00 p.m. and from 6:30 p.m. until 8:30 p.m., at Region 5 Education Service Center, 2295 Delaware Street, Rooms A and B, Beaumont, Texas. The State Board of Education periodically reviews the educational needs of the state, establishes goals for Texas public education, and adopts and promotes a long-range plan for meeting those goals. The goals developed for this Long-Range Plan will carry Texas public education to the next century. The hearings are conducted to gather comment about the educational needs of the state, proposed goals for Texas public education, and how those goals can best be achieved. In order to allow the committee to hear from as many groups as possible, professional associations and education advocacy organizations are encouraged to coordinate proposals within their memberships and make one presentation on behalf of the group. Individuals desiring to present testimony to the Committee on Long-Range Planning are asked to register for the hearing by calling the Texas Education Agency Office of Policy Planning and Evaluation, at (512) 463-9701, by 5:00 p. m. on the last working day prior to the public hearing at which they wish to speak. To accommodate as many speakers as possible, individuals are asked to limit their testimony to the committee to three minutes. Speakers will be asked to testify in the order in which their calls were received. Individuals may also register on-site the day of the hearing. These individuals will be allowed to give testimony on a first-come, first-served basis following those who have pre-registered. Speakers needing translation services or other special accommodations should notify the Office of Policy Planning and Evaluation by 5:00 p.m. at least five working days prior to the public hearing at which they wish to speak. Speakers are encouraged to provide 15 written copies of their testimony for distribution to the committee. Written information for the committee can be sent to the Office of Policy Planning and Evaluation at any time. Additional information concerning these hearings may be obtained from the Division of Policy Planning and Evaluation, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, or at (512) 463-9701. Issued in Austin, Texas, on July 8, 1994. TRD-9443735 Lionel R. Meno Commissioner of Education Texas Education Agency Filed: July 8, 1994 RFA #701-94-016: Connections Applications Program for Texas Public Schools, 1994-1995 RFA #701-94-016. This request for applications is filed under the Texas Education Code, sec.14.042. Eligible Applicants. The Texas Education Agency (TEA) is requesting applications (RFA #701-94-016) from school districts in Texas to develop electronic networks to improve and promote systemic changes in education. Description. The purpose of this project is to encourage Texas public school districts to directly connect to the Texas Education Network (TENET). In general, it is expected that districts will propose to connect to the The Higher Education Network (THEnet) and TENET by installing an Internet Protocol (IP) Router/Gateway on their district-wide network. This gateway will link the campuses to the THEnet using leased communications circuits of varying speeds (a minimum of 56 Kb). Dates of Project. The Connections Applications Program for Texas Public Schools will be implemented during the 1994-1995 school year. Applicants should plan for a starting date of no earlier than August 26, 1994, and an ending date of no later than July 15, 1995. Project Amount. Funding will be provided for 10-15 projects. Each project will receive a maximum of $30,000 for the 1994-1995 school year for a total of approximately $435,000. Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the request for application. Special consideration (or priority) will be given to applicants that are low performing and have a student body of whom 25% are identified as at risk of failure. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the request for application. The TEA is under no obligation to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs incurred before an application is approved. The issuance of this RFA in no way obligates TEA to award a grant or to pay any costs incurred in the preparation of a response. Requesting the Application. A copy of the complete request for application (RFA #701-94-016) may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA# in your request. Further Information. For clarifying information about the request for application, contact Richard LaGow, Division of Technology Services, Texas Education Agency, (512) 463-9400; or Connie Stout, The University of Texas at Austin, Computation Center, (512) 471-3241. Deadline for Receipt of Application. The deadline for receiving an application in the Document Control Center of the Texas Education Agency is 5: 00 p.m., Wednesday, August 10, 1994. Issued in Austin, Texas, on July 6, 1994. TRD-9443521 Lionel R. Meno Commissioner of Education Texas Education Agency Filed: July 6, 1994 Texas Environmental Awareness Network Notice of Monthly Meeting The Texas Environmental Awareness Network, an association of state agencies and environmental and educational organizations, will meet Wednesday, July 13, 1994, at 9:00 a.m. at Texas Parks and Wildlife Department, Wild Basin Preserve Offices, 805 South Capital of Texas Highway, Austin, Texas 78746. For information about the meeting, or to place an item on the agenda, contact Bob Murphy, TEAN Chair, by mail at 4200 Smith School Road, Austin, Texas 78744; by phone at (512) 389-4360; or by fax at (512) 389-4394. Issued in Austin, Texas, on June 13, 1994. TRD-9442332 John Williams Secretary Texas Environmental Awareness Network Filed: June 14, 1994 Office of the Governor, Budget and Planning Legislative Budget Board Budget Execution Proposal Pursuant to Texas Government Code, sec.317.002, this budget execution order is hereby proposed for the following actions affecting items of appropriation made in Senate Bill 5, 73rd Legislature, Regular Session, 1993. We find that the backlog of offenders confined in the county jails awaiting transfer to state prisons creates an emergency requiring additional funding, including funding for additional payments to counties. We propose that appropriations made to the Treasury Department in rider provision 4., Appropriation for Statutory Obligations, in the amount of $33, 400,000 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for the University of Texas System, in the amount of $7,758,216 for fiscal year 1995 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. The various items of appropriation in Objective "A.1.: State Contribution, University of Texas and Texas A&M Systems" on pages I-103 and I-104 relating to the University of Texas System and its various components shall be reduced as necessary to provide for this transfer. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for the Texas A&M University System, in the amount of $3,980,162 for fiscal year 1995 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. The various items of appropriation in Objective "A.1., State Contribution, University of Texas and Texas A&M Systems" on page I-103 and I-104 relating to the Texas A&M University System and its various components shall be reduced as necessary to provide for this transfer. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for fiscal year 1994, in the appropriation items and amounts indicated below, be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. A.1.1., UT System Administration-$4,908; A.1.12., UT Medical Branch at Galveston-$306,904; A.1.28., Texas Agricultural Extension Service-$342,156; A.1.31., Texas Engineering Extension Service-$200,137. We also propose that none of the General Revenue Fund amounts appropriated to the Employees Retirement System for fiscal year 1994 in appropriation item B.1.1., Uniform Group Insurance Program -General State Employees, in excess of $200,458,681 be available for expenditure by the Employees Retirement System. We also propose that the General Revenue Fund appropriations made to the Employees Retirement System for fiscal year 1994 in appropriation item B.1.1., Uniform Group Insurance Program -General State Employees, but which the Employees Retirement System would be prohibited from expending pursuant to this order, in the amount of $50,464,817, be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. We also propose that none of the funds appropriated to the Employees Retirement System and that none of the funds appropriated for Higher Education Employees Group Insurance Contributions be expended during fiscal year 1995 to pay group health insurance contributions at rates which exceed the rates established for fiscal year 1994 by Senate Bill 5, 73rd Legislature, 1993, in rider 5, State Contribution to Group Insurance for General State Employees, page I-101, and in rider 1, State Contribution to Group Insurance for Higher Education Employees, page I-105, respectively. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for fiscal year 1994, in the various items of appropriation in Objective "A.2: State Contributions, Other Institutions," pages I-104 and I-105, in the amount of $18,151,901, be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. Authority to expend funds form the various items of appropriation in Objective A.2 shall be reduced on a proportionate basis to provide for this transfer. We also propose that none of the funds appropriated for Higher Education Group Insurance Contributions for fiscal year 1994 in the various items of appropriation in Objective "A.2: State Contributions, Other Institutions" page I-104 and I-105, in excess of $95,042,084, be available for expenditure. Authority to expend funds from the various items of appropriation in Objective A.2 shall be reduced on a proportionate basis to provide for this limitation. Bob Bullock Lieutenant Governor Chair Legislative Budget Board Pete Laney Speaker of the House Vice-Chairman Legislative Budget Board I certify that this Budget Execution Proposal was adopted by the Legislative Budget Board on July 7, 1994, by the following vote: On the part of the Senate: Yeas: 4 Nays: 0 On the part of the House: Yeas: 4 Nays: 0 John Keel Director Legislative Budget Board Issued in Austin, Texas, on July 7, 1994. TRD-9443759 Ann W. Richards Governor of Texas Filed: July 8, 1994 Texas Department of Health Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. THe location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation . This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A person affected is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m., Monday-Friday (except holidays). Issued in Austin, Texas, on July 5, 1994. TRD-9443627 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: July 7, 1994 Notice of Intent to Revoke Certificates of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Railhead Animal Hospital, Fort Worth, R14171; Lobel Chiropractic and Nutrition, Dallas, R15755; Clinica Espana, Dallas, R16135; Jack and Beth LoCascio, D.C., Dallas, R17961; Benedict Chiropractic Office, Granbury, R17971; Family Care Chiropractic, P.C., Rockwall, R18024; Ward Animal Hospital, Nacogdoches, R18687; Don Quillen, M.D., Vidor, R18751; Cliff P. Watkins, D.D.S. , Dilley, R16671; Alamo Madras, Inc., San Antonio, R20264; Wadley Blood Bank, Dallas, Z00147; Dan F. Bida, D.D.S., Arlington, Z00733. 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., 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 July 11, 1994. TRD-9443789 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: July 11, 1994 Notice of Intent to Revoke Radioactive Material License Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: BDC Electronics, Inc., Midland, L03865. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has 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 the complaint, the department will not issue an order. This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license 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., 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 license 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 July 11, 1994. TRD-9443790 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: July 11, 1994 Texas Department of Insurance Notice The Commissioner of Insurance, or his designee, will consider approval of a rate filing outside the promulgated flexibility bands filed by Vesta Fire Insurance Corporation, Birmingham, AL pursuant to Article 5.101 sec.3(f) requesting various rate deviations of +7.7% to -76.6%, from the benchmark rate for commercial automobile. Copies of the filing may be obtained by contacting Gifford Ensey, Chief Clerk's Office, ext. 475-1761, 333 Guadalupe, Austin, Texas 78701. This rate filing is subject to Department approval without a hearing unless an objection is filed with the Associate Commissioner of Policy and Research, 333 Guadalupe, P.O. Box 149140, Austin, Texas 78714-9140 within 30 days after publication of this notice. Issued in Austin, Texas, on July 11, 1994. TRD-9443775 D. J. Powers General Counsel and Chief Clerk Texas Department of Insurance Filed: July 11, 1994 The Texas Department of Insurance has postponed the hearing originally scheduled for 9:00 a.m. on July 18, 1994 regarding Docket Number 2102, the auto classification system for private passenger automobile insurance. The Department will accept written comments from all interested parties through September 1, 1994 and will determine whether a hearing is necessary at that time. Issued in Austin, Texas, on July 7, 1994. TRD-9443645 D.J. Powers General Counsel and Chief Clerk Texas Department of Insurance Filed: July 7, 1994 Notice of Application by Foundation Health, a Texas Health Plan, Inc. Austin, Texas, for Issuance of a Certificate of Authority to Establish and Operate an HMO in the State of Texas Notice is given to the public of the application of Foundation Health, a Texas Health Plan, Inc., Austin, Texas, for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) in the State of Texas in compliance with the Texas HMO Act and rules and regulations for HMOs. The Application is subject to public inspection at the offices of the Texas Department of Insurance, HMO Unit, 333 Guadalupe, Hobby Tower I, Sixth Floor, Austin, Texas. If you wish to object to the issuance of a certificate of authority to Foundation Health, a Texas Health Plan, Inc. to operate an HMO in the State of Texas, you must submit your written objection to Leah Rummel, Director of the HMO Unit, Mail Code 106-3A, Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas 78714-9104, no later than 20 days after the date of publication of this notice. Upon consideration of the objections raised and the application of Foundation Health, a Texas Health Plan, Inc., if the Commissioner is satisfied that Foundation Health, a Texas Health Plan, Inc. has met all requirements of law, the Commissioner may order the issuance of a certificate of authority without a public hearing. Issued in Austin, Texas, on July 11, 1994. TRD-9443777 D. J. Powers General Counsel and Chief Clerk Texas Department of Insurance Filed: July 11, 1994 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission in Texas for Harden and Company Isurance Services, Inc., a foreign third party administrator. The home office is in Concord, California. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 105- 6A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on July 11, 1994. TRD-9443776 D. J. Powers General Counsel and Chief Clerk Texas Department of Insurance Filed: July 11, 1994 Legislative Budget Board Budget Execution Proposals-Legislative Budget Board Pursuant to the Texas Government Code, sec.317.002, this budget execution order is hereby proposed for the following actions affecting items of appropriation made in Senate Bill 5, 73rd Legislature, Regular Session, 1993. We find that there is an imperative need to purchase additional textbooks for the school children of Texas, creating an emergency. We propose that excess appropriations made to the Treasury Department, in rider 4, Appropriation for Statutory Obligations, page I-319, for the fiscal biennium ending August 31, 1995, shall be transferred in the amount of $11,800, 000 to the Central Education Agency for the fiscal biennium ending August 31, 1995, for the purchase of textbooks used by the school children of Texas. Bob Bullock Chairman Legislative Budget Board Pete Laney Speaker of the House Vice-Chairman Legislative Budget Board I certify that this Budget Execution Proposal was adopted by the Legislative Budget Board on July 7, 1994, by the following vote. On the part of the Senate: Yeas: 4 Nays: 0 On the part of the House: Yeas: 4 Nays: 0 John Keel Director Legislative Budget Board Issued in Austin, Texas, on July 7, 1994. TRD-9443630 Ann W. Richards Governor of Texas Office of the Governor Filed: July 7, 1994 Pursuant to the Texas Government Code, sec.317.002, this budget execution order is hereby proposed for the following actions affecting items of appropriation made in Senate Bill 5, 73rd Legislature, Regular Session, 1993. We find that the backlog of offenders confined in the county jails awaiting transfer to state prisons creates an emergency requiring additional funding, including funding for additional payments to counties. We propose that appropriations made to the Treasury Department in rider provision 4., Appropriation for Statutory Obligations, in the amount of $33, 400,000 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for the University of Texas System, in the amount of $7,758,216 for fiscal year 1995 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. The various items of appropriation in Objective "A.1.: State Contribution, University of Texas and Texas A&M Systems" on pages I-103 and I-104 relating to the University of Texas System and its various components shall be reduced as necessary to provide for this transfer. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for the Texas A&M University System, in the amount of $3,980,162 for fiscal year 1995 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. The various items of appropriation in Objective "A.1., State Contribution, University of Texas and Texas A&M Systems" on pages I-103 and I-104 relating to the Texas A&M University System and its various components shall be reduced as necessary to provide for this transfer. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for fiscal year 1994, in the appropriation items and amounts indicated as follows, be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency: A.1.1., UT System Administration-$4,908; A. 1.12., UT Medical Branch at Galveston-$306,904; A.1.28., Texas Agricultural Extension Service-$342,156; A.1.31., Texas Engineering Extension Service- $200,137. We also propose that none of the General Revenue Fund amounts appropriated to the Employees Retirement System for fiscal year 1994 in appropriation item B.1.1., Uniform Group Insurance Program -General State Employees, in excess of $200,458,681 be available for expenditure by the Employees Retirement System. We also propose that the General Revenue Fund appropriations made to the Employees Retirement System for fiscal year 1994 in appropriation item B.1.1., Uniform Group Insurance Program -General State Employees, but which the Employees Retirement System would be prohibited from expending pursuant to this order, in the amount of $50,464,817 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. We also propose that none of the funds appropriated to the Employees Retirement System and that none of the funds appropriated for Higher Education Employees Group Insurance Contributions be expended during fiscal year 1995 to pay group health insurance contributions at rates which exceed the rates established for fiscal year 1994 by Senate Bill 5, 73rd Legislature, 1993, in rider 5, State Contribution to Group Insurance for General State Employees, page I-101, and in rider 1, State Contribution to Group Insurance for Higher Education Employees, page I-105, respectively. We also propose that appropriations made for Higher Education Employees Group Insurance Contributions for fiscal year 1994, in the various items of appropriation in Objective "A.2: State Contributions, Other Institutions", pages I-104 and I-105, in the amount of $18,151,901 be transferred to the Department of Criminal Justice for the fiscal biennium ending August 31, 1995, for the purposes necessary to meet this emergency. Authority to expend funds from the various items of appropriation in Objective A.2 shall be reduced on a proportionate basis to provide for this transfer. We also propose that none of the funds appropriated for Higher Education Employees Group Insurance Contributions for fiscal year 1994 in the various items of appropriation in Objective "A.2: State Contributions, Other Institutions", pages I-104 and I-105, in excess of $95,042,084 be available for expenditure. Authority to expend funds from the various items of appropriation in Objective A.2 shall be reduced on a proportionate basis to provide for this limitation. Bob Bullock Chairman Legislative Budget Board Pete Laney Speaker of the House Vice-Chairman Legislative Budget Board I certify that this Budget Execution Proposal was adopted by the Legislative Budget Board on July 7, 1994, by the following vote. On the part of the Senate: Yeas: 4 Nays: 0 On the part of the House: Yeas: 4 Nays: 0 John Keel Director Legislative Budget Board Issued in Austin, Texas, on July 7, 1994. TRD-9443629 Ann W. Richards Governor of Texas Office of the Governor Filed: July 7, 1994 Texas Lottery Commission Invitation for Bids (IFB) for Banking Services The Texas Lottery Commission is soliciting bids for banking services for the Texas Lottery Commission, as provided in this IFB. Objectives. The Texas Lottery Commission intends to obtain from the selected Vendor general banking services including check writing and automated clearing house (ACH) transactions. The objective is to minimize the expense for the Texas Lottery Commission. Background Information. Since the Texas Lottery began operating in May, 1992 the use of banking services has been required to pay prize winners and the subsequent withheld taxes on these prizes. There are 24 claim centers that issue payments to prize winners by check. In addition, the Texas Lottery Commission's Financial Operations section issues payments to 6 of 6 Lotto winners and specific large dollar scratch-off game winners either by check or EFT. The withheld taxes for these prizes are paid through a tax (zero-balance) checking account. An initial deposit of $4 million was made to establish the current prize payment account. The account is monitored daily with funds being wired from the State Treasury to cover daily debits. All Treasury wires are made to the prize payment account. Funds are transferred from the prize payment account to the tax account via a check/deposit slip system when withheld taxes are due. The average monthly activity, for the combined accounts, is 4,800 checks, 16 outgoing wires, 21 incoming wires, 65 local deposit items and 4,290 serial sorts. Beginning April 1, 1994 a travel advance fund account was established with an initial deposit of $25,000 Funds for this account are reimbursed via a state issued warrant as travel reimbursement vouchers are processed. The Texas Lottery Commission will establish an investigatory reimbursement account. The account will be established with an initial deposit of $5,000. As of March, 1994 the Texas Lottery Commission has an accountant on staff to serve as liaison between the bank and Lottery staff members. This person is responsible for all contact with the bank and reconciles the prize payment account monthly. Schedule. Event Date IFB Issued July 11, 1994 Vendor Questions Due July 19, 1994 4:00 p.m. Central Standard Time Response to Questions July 26, 1994 Bid Due Date August 1, 1994 4:00 p.m. Central Standard Time Banking Services. The Texas Lottery Commission will establish four accounts: the prize payment account, tax (zero balance) account, travel advance fund account and investigatory reimbursement account. The Texas Lottery Commission must receive two bank statements. One sorted by check cleared date and one sorted by check number. The date cleared bank statement must be additionally sorted by amount of check within an individual day. The bank shall provide electronic data on a 3480 or TEK85 cartridge for all bank information on the prize payment account bank statement. All checks listed on the bank statement and subsequent electronic device will have a valid check number. No zero (0) or all 9999999 numbers are allowed. Liquidated damages for not providing valid check number will be $3.00 per check. A printout of the data on the 3480 or TEK85 cartridge must accompany the media. All prize winning wires submitted to the bank by 11:30 a.m. must be processed by 1:30 p.m. on the same day. Minimum banking requirements/qualifications to submit a bid. By submitting a bid, the Vendor certifies the following: it is a federally-insured financial institution; it can provide all services required; a branch is located in Austin. The accounts are to be fully-collateralized by United States governmental securities. The accounts will be the equivalent of money-market (interest bearing) checking accounts. The accounts will be assigned a customer representative located in Austin. Monthly bank statements and cleared checks will be received by the 10th of each month. Monthly account analysis will be received by the 10th of each month. The accounts will have no minimum balance requirements and interest will be computed daily on the average balance. Primary term. Prices quoted must be in effect for the primary term of this contract which is the date of execution through August 31, 1995. At its sole option, the Texas Lottery Commission may extend this contract for one fiscal year following the primary term (August 31, 1995). For a copy of the complete Invitation for Bids please contact: Ridgely C. Bennett Staff Attorney (512) 371-4935 Issued in Austin, Texas, on July 11, 1994. TRD-9443773 Kimberly L. Kiplin General Counsel Texas Lottery Commission Filed: July 11, 1994 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing The Texas Department of Mental Health and Mental Retardation (TXMHMR) will hold a public hearing at 1:30 p.m., Thursday, July 14, 1994 in the Central Office Auditorium located at 909 West 45th Street, Austin, Texas. The purpose of this hearing will be to accept oral and written testimony concerning the Plan on Long-Term Care for Persons with Mental Retardation as required in the Texas Health and Safety Code, sec.533.062. Copies of the draft document are available from TXMHMR's ICF/MR Program Office at 3305 Northland Drive, Suite 400 in Austin or by calling the ICF/MR Program Office at (512) 323-3261. Individuals requiring an interpreter for the hearing impaired should contact Linda Logan, Director, Office of Policy Development, by calling (512) 206-4516 at least 72 hours prior to the hearing. Issued in Austin, Texas, on June 30, 1994. TRD-9443495 Ann K. Utley Chair Texas Department of Mental Health and Mental Retardation Filed: July 5, 1994 Notice of Request for Comment regarding Block Grant Application for Community Mental Health Services Public Law 102-321 requires that public comment be solicited concerning the Block Grant Application for Community Mental Health Services. The Texas Department of Mental Health and Mental Retardation announces that the Fiscal Year 1994 Block Grant Application for Community Mental Health Services is available. The application complies with Public Law 102-321 and describes the range of community mental health programs available throughout the state. Approval of the application by the Center for Mental Health Services entitles Texas to $16 million in black grant funding to be used for strengthening community mental health programs. The document contains the State Plan for Community Mental Health Services for fiscal year 1994 as well as the 1993 Implementation Report. Requests for copies should be sent to Office of Strategic Planning, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711, or phone (512) 206-4569. Written comments concerning the application should be submitted to the same address. Issued in Austin, Texas, on June 30, 1994. TRD-9443494 Ann K. Utley Chair Texas Department of Mental Health and Mental Retardation Filed: July 5, 1994 Texas Natural Resource Conservation Commission Consultant Proposal Request Correction The Texas Natural Resource Conservation Commission published a notice of intent to issue a "Request for Proposal: Strategic Plan for Air Programs Stationary Source Information Management" in the June 17, 1994, issue of the Texas Register (19 TexReg 4776). That notice stated that the closing date for proposal responses is July 17, 1994, which is a Sunday. The correct closing date for proposal responses is Monday, July 18, 1994, at 3:00 p.m. Issued in Austin, Texas, on June 28, 1994. TRD-9443558 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Filed July 6, 1994 Notice of Application on a Municipal Solid Waste Proposed Permit, Number MSW2229 Attached are Notices of Applications for municipal solid waste permits issued during the period of June 20-24, 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 filing a written Motion for Reconsideration with the Chief Clerk of the Commission on later than 20 days after 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) 463-7898. IMC Waste Disposal; Type V (Dewatering Liquid Wastes); 1900 Waurika, Wichita Falls, Wichita County, Texas; new; MSW2229. Issued in Austin, Texas, on June 24, 1994. TRD-9443433 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: July 1, 1994 Notice of Application for Waste Disposal Permits Attached are Notices of Application for waste disposal permits. These notices were issued during the period of June 27-July 1, 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. Kenneth Allison; the Eastwood Hills Subdivision Wastewater Treatment Facilities; the facilities are in the Eastwood Hills Subdivision, east of the Missouri-Pacific Railroad and approximately 2,500 feet south of Robinson Road in Montgomery County, Texas; renewal; 12788-01. City of Cisco; the wastewater treatment facilities; are approximately 4,500 feet north and 1,900 feet east of the intersection of U.S. Highway 183 and U.S. Highway 80 in Eastland County, Texas; renewal; 10424-01, and the water treatment facilities; are approximately 800 feet downstream of the Lake Cisco Dam, approximately 400 feet west of State Highway 6 and approximately 3.5 miles north of the intersection of U.S. Highway 80 and State Highway 6 in Eastland County, Texas; renewal; 10424-02. Cypress Bayou, Inc.; the Little Cypress Bayou Estates Wastewater Treatment Facilities; are north of Orange, at a point approximately 1,200 feet east and 1,600 feet north of the intersection of State Highway 87 and FM Road 1130 in Orange County, Texas; amendment; 12109-01. Hartley Feeders, Inc.; the feedlot; is on the north side of FM Road 998 approximately 3.5 miles west of the intersection of FM Road 998 and FM Road 2357 in Hartley County, Texas; amendment; 01790. Koch Gathering Systems, Inc.; a petroleum bulk storage terminal; the plant site is on Navigation Boulevard on the north side of the Corpus Christi Ship Channel in the City of Corpus Christi, Nueces County, Texas; renewal; 02578. Steven and Rose Lewis; the Fresno Mobile Home Park Wastewater Treatment Facilities; the plant site is on County Road 739 (Trammel-Fresno Road) approximately two miles north of the intersection of State Highway 6 and FM Road 521 in Fort Bend County, Texas; renewal; 12804-01. Maverick County; the wastewater treatment facility will serve the Maverick County Radar Base; the plant site is approximately 2,000 feet southeast of the intersection of U.S. Highway 277 and State Highway 131 in Maverick County, Texas; new; 13716-01. Seaboard Farms of Oklahoma, Inc.; a swine farm; the swine farm is at the intersection of State Highway 207 and FM Road 2535, approximately six miles northeast of the City of Gruver in Hansford County, Texas; new; 03702. City of Spearman; the wastewater treatment plant; is approximately one mile northwest of the intersection of FM Road 760 and State Highway 15 and 1.6 miles northeast of the intersection of State Highway 15 and FM Road 2387 in Hansford County, Texas; renewal. Texas Parks and Wildlife Department; the Sea Center Texas facility which consists of a fish hatchery, visitor and educational center; the plant site is at 300 Medical Drive in the City of Lake Jackson, Brazoria County, Texas; new; 03652. City of White Oak; the wastewater treatment facilities; are approximately 1, 500 feet east of State Highway 42 and 3,800 feet south of U.S. Highway 80 in Gregg County, Texas; renewal; 10940-01. Issued in Austin, Texas, on July 1, 1994. TRD-9443432 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: July 1, 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 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 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 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 the Chief Clerk's Office, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Application by Ronald J. Persyn and Wife, Gladys Persyn for an Amendment to Certificate of Adjudication Number 23-2657, as amended pursuant to Texas Water Code, sec.11.122. For Executive Director's consideration. Applicant seeks to amend the certificate by adding 89.31 acres of land adjacent to the currently authorized irrigated land. The certificate authorizes the diversion and use of 150 acre-feet of water per annum from Cienegas Creek, Rio Grande Basin, to irrigate 75 acres of land out of a 89.45 acre tract in Val Verde County, approximately two and one-half miles southwest of Del Rio, Texas. Application Number 5481 Texas A&M University for a Water Use Permit, pursuant to Texas Water Code, sec.11.121. For Executive Director's consideration. Applicant seeks authorization to divert and use not to exceed 5, 600 acre-feet of water per annum from Laguna Madre, Nueces-Rio Grande Basin in Nueces County at a maximum rate of 7.7 cubic feet per second (3,472 gallons per minute) for industrial use (to perform oilspill cleanup research). The location of the diversion point is approximately 0.5 southwest of Corpus Christi, Texas. Application Number 1980A by the Public Utilities Board of Brownsville, Texas and the Brownsville Navigation District of Cameron County to amend Water Use Permit Number 1838. For Executive Director's consideration. Applicants seek to amend Permit Number 1838, which authorizes diversion and use of 40,000 acre-feet of water per annum (37,500 acre-feet for industrial use and 2,500 acre-feet for municipal use) from the Rio Grande, by allowing use of the 40, 000 acre-feet of water per annum for municipal and industrial use in Cameron County without allocating a specific amount of water for each use. The proposed amendment will not change restrictions in the existing permit that allow diversions only when the remaining downstream flow of the Rio Grande is at least 25 cubic feet per second or that state that the permittee can not request releases of water from Falcon Reservoir for use. Application Number 23-1246A by City of Eagle Pass, Texas, for an Amendment to Certificate of Adjudication Number 23-124, pursuant to Texas Water Code, sec.11.122. For Executive Director's consideration. Certificate was issued September 7, 1971, to Mrs. Refugia T. Leal, and authorized the diversion and use of 22.5 acre-feet of Class "B" water per year from the Rio Grande, Rio Grande Basin, to irrigate nine acres of land out of a tract located in TWC Tract Number C-175 (Court Number 637), Cameron County, Texas. Commission records show that the Certificate was purchased from Mrs. Leal by the City of Eagle Pass, Texas. The City of Eagle Pass (applicant) seeks amendments to: move the diversion point and place of use to the City of Eagle Pass, in Maverick County; change the irrigated area to ten acres out of 76.17 acres of golf course land; and specify a diversion rate 1.34 cfs (600 gpm). City of Laredo (Certificate Number 23-3997L). Applicant seeks to change the ownership of 2,500 acre-feet of Class "A" irrigation water rights authorized in Certificate of Adjudication Number 23-829, change the point of diversion, type (from irrigation to municipal) and place of use to the service area of the City of Laredo by severing that portion from aforesaid certificate and combining these rights under the City of Laredo's Certificate Number 23-3997, as amended, Rio Grande Basin, Webb county, Texas. Application Number 5482 Walnut Creek Mining Company, a Water Use Permit, pursuant to Texas Water Code, sec.11.121. For Executive Director's consideration. Applicant seeks authorization to construct and maintain at its Calvert Lignite Mine, a sediment control dam creating a reservoir (Pond SPC-22) on an unnamed tributary of Walnut Creek, tributary of Little Brazos River, tributary of the Brazos River, Brazos River Basin in Robertson county, approximately ten miles northwest of Franklin, Texas, for sediment Control. David Munson, Jr. doing business as 3M Ranch; Application Number TA-7309 for a permit under Texas Water Code, sec.11.138 and TNRCC rules 30 TAC sec.sec.295. 61, 295.62, 295.125, 295.154, 295.174, and 297.13 to divert and use a total of 300 acre-feet of water for a three-year period from the Red River, Red River Basin, for irrigation purposes in Red River County, Texas. The proposed point of diversion is on the Red River just northwest of the Kanawha community and approximately 24 miles northwest of Clarksville, Red River County, Texas, where water will be diverted at a maximum rate of 1.67 cfs (750 gpm). Application by Grand Canyon Dairy for a minor amendment to Permit Number 02950 to authorize the disposal of waste and wastewater from a dairy. The proposed amendment is to include: an additional storage pond (Pond Number 8); additional land to be used for irrigation and disposal of manure; and additional improvements completed after the permit was originally approved. The dairy consists of a maximum of 1,450 milking head and a maximum of 1,950 total head. Washdown water, flushwater and stormwater is retained in seven storage ponds. Wastewater is disposed of by evaporation and/or irrigation on approximately 950 acres of land used for growing agricultural crops and pastures. Manure and/or solids are applied as fertilizer on about 1,237 acres of agricultural land on site and on adjacent properties. No discharge of pollutants into the waters of the State is authorized by this permit. The dairy is on the east side of FM Road 219, approximately five miles south of the intersection of FM Road 219 and County Road 1702 and seven miles southeast of the City of Dublin in Erath County, Texas. Application by Woodmark Development Corporation for a minor amendment to Permit Number 13168-01 to add an Interim I phase with a discharge volume not to exceed an average flow of 30,000 gallons per day. The proposed amendment also authorizes a decrease in the discharge of treated domestic wastewater effluent in the Final phase from a volume not to exceed an average flow of 120, 000 gallons per day to a volume not to exceed an average flow of 94,000 gallons per day. The applicant operates a wastewater treatment facility. The plant site is south of FM Road 346, approximately 3,500 feet east of the intersection of FM Roads 2493 and 346 in Smith County, Texas. Issued in Austin, Texas, on July 1, 1994. TRD-9443436 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: July 15, 1994 Texas Department of Public Safety Notice of Request for Proposal Cancellation As no Request for Proposal was received during the published timeframe, the Emergency Management Service, Texas Department of Public Safety announces the cancellation of Request for Proposal to gather information needed to facilitate the safe and efficient evacuation of special needs population from Corpus Christi to San Antonio, Texas. Issued in Austin, Texas, on June 16, 1994. TRD-9443640 James R. Wilson Director Texas Department of Public Safety Filed: July 7, 1994 Public Utility Commission of Texas Notices 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 an application on July 1, 1994, to amend a certificate of convenience and necessity pursuant to the Public Utility Regulatory Act, sec.sec.(a), 18(b), 50, 52, and 54. A summary of the application follows. Docket Title and Number. Application of Guadalupe Valley Telephone Cooperative, Inc. to Amend Certificate of Convenience and Necessity Within Bexar County, Docket Number 13181, before the Public Utility Commission of Texas. The Application. In Docket Number 13181, Guadalupe Valley Telephone Cooperative, Inc. seeks approval of the application to amend the existing exchange area boundary between its Bulverde exchange and the Elm Creek Zone of Southwestern Bell Telephone Company's San Antonio Metropolitan exchange so that an entire subsdivision may be served by a single local exchange carrier. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas, 78757, or call the Public Utility Commission Consumer Affairs Division at (512) 458-0256, or (512) 458-0221 teletypewriter for the deaf on or before August 2, 1994. Issued in Austin, Texas, on July 8, 1994. TRD-9443757 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 8, 1994 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on June 28, 1994, to amend a certificate of convenience and necessity pursuant to (a), 18(b), 50, 52, and 54 of the Public Utility Regulatory Act. A summary of the application follows. Docket Title and Number. Application of Southwestern Bell Telephone Company to Amend Certificate of Convenience and Necessity within Milam County. Docket Number 13159, before the Public Utility Commission of Texas. The Application. In Docket Number 13159, Southwestern Bell Telephone Company seeks approval of the application to amend the existing exchange area boundary between its Rockdale exchange and GTE Southwest, Inc. Thorndale-Thrall exchange in order to reflect the manner in which service is currently being administered. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas, 78757, or call the Public Utility Commission Consumer Affairs Division at (512) 458-0256, or (512) 458-0221 teletypewriter for the deaf on or before August 2, 1994. Issued in Austin, Texas, on July 1, 1994. TRD-9443456 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 1, 1994 Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for the City of Fort Worth, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for Approval of a 20-Station Addition to the Existing Plexar-Custom Service for the City of Fort Worth pursuant to Public Utility Commission Substantive Rule 23.27. Docket Number 13187. The Application. Southwestern Bell Telephone Company is requesting approval of a 20-station addition to the existing Plexar-Custom Service for the City of Fort Worth. The geographic service market for this specific service is the Fort Worth, 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- 0388, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 8, 1994. TRD-9443758 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 8, 1994 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for IBM Corporation, Austin, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for Approval of a new Plexar-Custom Service for IBM Corporation pursuant to Public Utility Commission Substantive Rule 23.27. Docket Number 13179. The Application. Southwestern Bell Telephone Company is requesting approval of a new Plexar-Custom Service for IBM Corporation. The geographic service market for this specific service is the Austin, 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- 0388, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 8, 1994. TRD-9443755 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 8, 1994 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Northside ISD, San Antonio, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for Approval of a 385-Station Addition to the Existing Plexar-Custom Service for Northside ISD pursuant to Public Utility Commission Substantive Rule 23. 27. Docket Number 13180. The Application. Southwestern Bell Telephone Company is requesting approval of a 385-station addition to the existing Plexar-Custom Service for Northside ISD. The geographic service market for this specific service is the San Antonio, 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- 0388, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 8, 1994. TRD-9443756 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 8, 1994 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Texas Bank, N.A., San Antonio, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for Approval of a new Plexar-Custom Service for Texas Bank, N.A. pursuant to Public Utility Commission Substantive Rule 23.27. Docket Number 13176. The Application. Southwestern Bell Telephone Company is requesting approval of a new Plexar-Custom Service for Texas Bank, N.A.. The geographic service market for this specific service is the San Antonio, 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- 0388, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 6, 1994. TRD-9443754 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 8, 1994 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Fort Worth ISD, Fort Worth, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for Approval of a 403-Station Addition to the Existing Plexar-Custom Service for Fort Worth ISD pursuant to Public Utility Commission Substantive Rule 23. 27. Docket Number 13160. The Application. Southwestern Bell Telephone Company is requesting approval of a 403-station addition to the existing Plexar-Custom Service for Fort Worth ISD. The geographic service market for this specific service is the Fort Worth, 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- 0388, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 1, 1994. TRD-9443459 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 1, 1994 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Tyler Bank and Trust, Tyler, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for Approval of a 64-Station Addition to the Existing Plexar-Custom Service for Tyler Bank and Trust pursuant to Public Utility Commission Substantive Rule 23.27. Docket Number 13161. The Application. Southwestern Bell Telephone Company is requesting approval of a 64-station addition to the existing Plexar-Custom Service for Tyler Bank and Trust. The geographic service market for this specific service is the Tyler, 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- 0388, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 1, 1994. TRD-9443458 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 1, 1994 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a customer-specific contract for GTE Southwest Incorporated. Tariff Title and Number. Application of GTE Southwest Incorporated for Approval to Provide Customized Automatic Call Distribution (ACD) for the Federal Emergency Management Agency Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 13165. The Application. GTE Southwest Incorporated is requesting approval of a Customer-Specific Contract for the Federal Emergency Management Agency (FEMA). The geographic service market for this specific service to FEMA is at its business operations in GTE Southwest Incorporated's Denton exchange. 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- 0388, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 1, 1994. TRD-9443455 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 1, 1994 PUC Requests Comments Related to Amending Rule 23.45-Billing Practices of Electric and Telephone Companies The Public Utility Commission of Texas has established a project (Project Number 10900) to consider amending Substantive Rule 23.45-Billing Practices. The Commission seeks comments from interested parties in response to the following questions. Parties should include their reasons supporting the response to each question. 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 utilities be required to allow customers to specify the monthly due date of bills for electric or telephone service? Should a customer's ability to specify the monthly due date be restricted to certain "good cause" situations? If yes, what would constitute "good cause"? 2. Should be due date of bills for electric or telephone service be altered so that payment is coordinated with the billing cycle of major creditors? 3. Should a one-time penalty be assessed against residential bills for delinquent payments? If so, what should be penalty be? Is the current penalty limit for commercial and industrial bills appropriate? If not, what should the penalty be? 4. Should be provisions relating to deferred payment plans be amended to substitute "electric or telephone utility" for "utility," thereby explicitly making deferred payment plans applicable to both electric and telephone providers? 5. Should the rules require a utility to offer deferred payment plans to all customers? If not required for all customers, should utilities be required to offer deferred payment plans to small commercial customers in addition to residential customers? How should small commercial customers for electric and telephone services be defined for this purpose? 6. Should customers defaulting under a level or average payment plan entered into pursuant to sec.23.45(e) be provided an opportunity to enter into a deferred payment plan on the due, but unpaid, balance prior to disconnection of service? 7. Should telephone and electric utilities be required to reduce to writing and the customer sign all agreements extending time for payments? If not, for of documentation of such agreements is appropriate? 8. Should sec.23.35(c)(1) be amended to require utilities to allow customers to enter into deferred payment plans with payment of less than one-third of the total deferred amount? What percent of the total deferred amount is appropriate? 9. If a deferred payment plan is not reduced to writing, should utilities be required to have a customer sign a waiver of right to dispute the amount of a bill similar to that required by sec.23.45(c)(3)? 10. Should the provisions relating to waiver of right to dispute the amount of a bill be removed from the deferred payment plan and placed in a separate document? 11. Should electric utilities be required to show the energy charge per kilowatt hour on customer bills? If so, should the energy charge be broken out to show cost per kilowatt hour for each energy block? 12. Should electric utilities be required to show on the bill average temperature during the billing period, as compared to the preceding period and/or same period in the preceding year? 13. Should electric utilities be required to show on the bill average daily cost for electric service? 14. Should electric utilities be required to show on the bill components of the energy charge, for example, cogeneration power cost factor? 15. Should electric and telephone utilities be required to file representative sample bills with the Commission to provide billing data necessary to compile monthly bill surveys? 16. Should telephone utilities be required to individually itemize optional services and their charges on bills rather than group all such services? 17. Should bills to electric or telephone customers include additional data not currently required? If yes, what information should be required? 18. Do provisions which allow utilities to render estimated bills, if the customer is provided an opportunity to read the meter, violate the Americans with Disabilities Act when the customer is disabled and unable to read the meter? Should the rules require accommodations of disabled customers or other customer who are unable to read their own meters? What accommodation is appropriate? 19. Should the provisions related to estimated billing be amended to clarify when actual meter reading is to occur? If yes, what should the rule provide? 20. Should current rules be amended to clarify the maximum time period for resolution of billing disputes? Please discuss whether ambiguities exist regarding payment of the disputed portion of bills. 21. Should sec.23.45(g) be amended to clarify/standardize the calculation of interest on over and under-billing? If so, what methodology should be adopted? 22. Should any other Commission rule related to billing practices be changed or clarified? If so, what should be changed or clarified? Issued in Austin, Texas, on June 30, 1994. TRD-9443457 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: July 1, 1994 Contract Award Under the provisions of the Government Code, Chapter 2254, Subchapter A, 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 September 21, 1993, issue of the Texas Register (18 TexReg 6489). The consultant will provide professional engineering services for the design and construction administration phases for the following TxDOT Project: 94-30- 013, Colorado County. The engineering firm selected to perform these services is Klotz Associates, Inc., 1155 Dairy Ashford, Suite 705, Houston, Texas 77079. The total value of the contract is $57,200 and the contract period started on July 6, 1994, until the completion of the project. Issued in Austin, Texas, on July 8, 1994. TRD-9443746 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: July 8, 1994 Consultant Request for Proposal Notice of Invitation. The Texas Department of Transportation (TxDOT) intends to engage engineering firms, pursuant to Texas Government Code, Chapter 2254, Subchapter A, to prepare plans, specifications and estimates for the reconstruction/widening of State Highway 35 in Brazoria County, from 0.351 miles west of State Highway 288 (West of Angleton) to the South end of the San Bernard River Bridge. The facility is to be improved from an existing two-lane, undivided rural highway to a four-lane divided rural highway. Three separate projects are planned, ranging in length from 3.8 to 6.8 miles. Work to be performed by the consulting engineers will include preparation of bridge layouts and identification and location of existing utilities. TxDOT will be responsible for the detailed structural design of bridges. Deadline. Proposals will be accepted at the office of Milton M. Dietert, P. E., District Engineer, TxDOT Houston District, 7721 Washington, Houston, Texas 77007 (for delivery) or P.O. Box 1386, Houston, Texas 77251-1386 (for mail), until 5:00 p.m. on August 12, 1994. Agency Contact. Requests for additional information regarding the request for proposals should be addressed to Gus Nowak, P.E., (713) 802-5501, FAX (713) 802- 5640. Issued in Austin, Texas, on July 8, 1994. TRD-9443745 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Filed: July 8, 1994 The University of Texas System The University of Texas at Arlington Consultant Proposal Request This request is submitted according to the provisions of the Government Code, Chapter 2254. The University of Texas at Arlington wishes to continue the management consulting services previously performed by Bob Eckholt in the Division of Continuing Education. It is the University's intent to award the contract to the above mentioned consultant. The management consultant will analyze and advise the Office of the President at UTA as to the profit potential and value added to UTA with respect to the strategic alliance, partnerships, and other business opportunities. UTA needs the expert advice relating to the efficiency and overall operation of the Continuing Education program. Any proposals shall be addressed to President Ryan C. Amacher, P.O. Box 19125, Arlington, Texas 76019, (817) 273-2101, Fax (817) 794-5805. An award will be based on the consultant's entrepreneurial background with strong marketing skills with particular emphasis in integrated diverse marketing techniques. Consultant must have demonstrated negotiation skills to represent UTA relative to business opportunities; i.e., royalty arrangements, joint ventures, strategic alliances, product development, service, patents, copyrights and trademarks. In addition to the above, criteria such as consultant's curriculum vitae, demonstrated competence; previous experience and knowledge will be strongly evaluated. An original and two copies of the proposal must be submitted to the President's office prior to 5:00 p.m., on July 22, 1994. Proposals received after the above date will not be considered. For additional information regarding this proposal request, please contact President Ryan C. Amacher, (817) 273-2101. Issued in Arlington, Texas, on July 1, 1994. TRD-9443414 Arthur H. Dilly Executive Secretary to the Board The University of Texas System Filed: July 1, 1994 On-Site Wastewater Treatment Research Council Request for Proposal-Technology Transfer Symposium The On-Site Wastewater Treatment Research Council (Council) issues this Request for Proposal (RFP), pursuant to the Texas Health and Safety Code, Chapter 367, for the possible award of a contract for a technology transfer project. The project is to be funded with on-site wastewater treatment research account funds. Purpose of grant and scope of work: The purpose of this project is to provide the Council with a meeting space, technical and administrative support, and planning assistance for a symposium to be held in Austin, Texas during the month of January 1995 or February 1995. The purpose of the symposium is to promote research projects, demonstration projects and technology transfer in the field of on-site wastewater treatment. The duration of this symposium shall not exceed three days. The grantee shall be responsible for the management of all aspects of the planning and execution of the symposium, including procuring meetings and hotel accommodations, advance and on-site registration of attendees, procurement of program participants, development of program schedule, procurement of vendors and displays, provision of meeting proceedings, and provisions of adequate personnel to accomplish the above. The acquisition of meeting space and hotel accommodations shall be accomplished in accordance with applicable State statutes. The proposal should identify strategies for recruiting subjects and encouraging participation. Other potential funding sources and the availability of matching funds will be taken into consideration; however, this is not a specific grant requirement. Funding Information: The total funding available for this project is approximately $12,000. Each proposal should identify other funding sources, if applicable. Criteria for Eligibility: A corporation organized under the Texas Business Corporation Act must submit proof that it is not delinquent in taxes owed the State of Texas under the Texas Tax Code, Chapter 171. In order to assure equitable distribution of limited funds and to avoid conflicts of interest, the following criteria are established for acceptability. Evaluation and Selection: Funds will be awarded on a competitive basis to those applicants that can demonstrate the necessary expertise and the greatest aptitude for effectively providing the desired results. In addition to providing specific comments, each evaluator will, where appropriate, rate the proposals in the following areas: degree to which the proposal is responsive to the overall purpose and funding criteria; qualifications of project staff and directly-related project and staff experience; reasonableness of the proposed budget and time schedule; project organization and management; availability of matching funds or services, if any; and other information as may be required. The final selection of grantees for award shall be made by the council after careful evaluation of each proposal. Proposers may be asked to make oral presentations prior to final selection. Any negotiations deemed necessary by the council will be conducted prior to the first day of the contract period. A proposal will not be reviewed unless all applicant information and documentation specified in this RFP is submitted. Submission Requirements: Twelve copies of the proposal must be submitted to the On-site Wastewater Treatment Research Council, in care of the Texas Natural Resource Conservation Commission, Flood Management and Groundwater Programs Section, P.O. Box 13087, Austin, Texas 78711-3087, Attention: Ted Johns, Executive Secretary. Proposals must be submitted no later than 5:00 p.m. on August 15, 1994. Proposals received after the stated time will not be considered. The council reserves the right to accept or reject any or all proposals submitted. The council has sole discretion to determine the successful grantee and is under no obligation to award a grant or to execute a contract on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits the council to pay for any costs incurred prior to the execution of a contract. Issued in Austin, Texas, on July 11, 1994. TRD-9443791 Ted Johns Executive Secretary On-Site Wastewater Treatment Research Council Filed: July 11, 1994