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 Bond Review Board Bi-Weekly Report on the 1995 Allocation of the State Ceiling on Certain Private Activity Bonds The Tax Reform Act of 1986 (the Tax Act) imposes a volume ceiling on the aggregate principle amount of tax-exempt, private activity bonds that may be issued within the State of Texas during any calendar year. The state ceiling for Texas, imposed by the Tax Act is $50 per capita. The Bureau of the Census issued a release on Wednesday, December 28, 1994, containing resident population estimates as of July 1, 1994. Given a resident population in Texas of 18,378,000, the state ceiling for calendar year 1995 is $918,900,000. State legislation, Texas Civil Statutes, Article 5190.9a (the Act), mandates the allocation process for the State of Texas. The Act specifies that 28% of the state ceiling is to be made available to issuers of qualified mortgage bonds and of that amount, one-third is available to the Housing Finance Division of the Texas Department of Housing and Community Affairs and two-thirds is available for local issuers. Issuers of state-voted issues will have 17.5% of the state ceiling available. Issuers of qualified small issue bonds will have 7.5% of the state ceiling available. Issuers of qualified residential rental project issue bonds will have 5.0% of the state ceiling available. All other issuers of bonds requiring an allocation will have 42% of the state ceiling available. Pursuant to the Act, the aggregate amount for qualified mortgage bonds in Subceiling 1 is $257,292,000 with $171,528,000 available to local issuers and $85,764,000 available to the Housing Finance Division of the Texas Department of Housing and Community Affairs. The aggregate amount for state-voted issues in Subceiling 2 is $160,807,500, the amount for qualified small issues in Subceiling 3 is $68,917,500, the amount for qualified residential rental project issues in Subceiling 4 is $45,945,000, and the amount for all other issues requiring an allocation in Subceiling 5 is $385,938,000. Generally, the state ceiling is allocated by lottery for applications received from January 2-January 10, and thereafter on a first-come, first-served basis. The Texas Bond Review Board administers the allocation system. Issued in Austin, Texas, on January 2, 1995. TRD-9500064 Albert L. Bacarisse Executive Director Texas Bond Review Board Filed: January 3, 1995 End of Year 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 October 22-December 30, 1994. Pursuant to Texas Civil Statutes, Article 5190.9a, sec.2(d), on September 1, any amounts of volume cap remaining in the separate subceilings are combined under one ceiling. All applications that have not received volume cap are placed on one list in an order determined by a lottery number received in January, or by date of application, regardless of project type. On September 1 reservations for the remaining volume cap are given. Total amount of the $901,500,000 state ceiling remaining unreserved as of December 30, 1994: $0. Following is a comprehensive listing of applications which have received a reservation date pursuant to the Act from October 22-December 30, 1994: [graphic] 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 October 22-December 30, 1994: [graphic] Following is a comprehensive listing of applications which were either withdrawn or canceled pursuant to the Act from October 22-December 30, 1994: [graphic] Following is a comprehensive listing of applications which released a portion of their reservation pursuant to the Act from October 22-December 30, 1994: [graphic] Issued in Austin, Texas, on December 30, 1994. TRD-9500063 Albert L. Bacarisse Executive Director Texas Bond Review Board Filed: January 3, 1995 Texas Education Agency Correction of Error The Texas Education Agency submitted open meeting notices, which were published in the December 23, 1994, issue of the Texas Register. Several errors as published appeared in the issue, the corrections or as follows. In the open meeting notice for the State Board of Education (SBOE) Committee of the Whole (19 TexReg 10259), the phrase "...in accordance with sec.551.071(1)(A)..." should be followed by a comma, instead of a period. In the open meeting notice for the SBOE Committee on School Finance (19 TexReg 10259), the words "on School Finance" were omitted from the committee name. In the open meeting notice for the SBOE Committee on Students (19 TexReg 10260), the word "on" in the phrase "...discussion on the process for analyzing Public Education Information Management System (PEIMS)..." should be "of." In the open meeting notice for the SBOE Committee on the Permanent School Fund (19 TexReg 10260), the phrase "...report of the executive administrator;.. ." should read "...report of the PSF executive administrator;..." Texas Department of Health Licensing Actions 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 December 30, 1994. TRD-9500030 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 3, 1995 Texas Department of Insurance Notice of Hearing The Commissioner of Insurance, or her designee, at a Commissioner's hearing under Docket Number 2138, scheduled for 9:00 a.m., January 30, 1995 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal filed on behalf of the Texas Workers' Compensation Insurance Facility ("Facility"). The Facility is proposing changes to Articles X and XV of the Rules and Regulations. The filing of the proposed amendments to the Facility Rules and Regulations is made pursuant to Article 5.76-2, sec.2.08 of the Texas Insurance Code. According to the Facility's petition, these proposed amendments to the Rules and Regulations were approved by the Facility's Governing Committee and by the members of the Facility who were present, in person or by proxy, at a special meeting convened on October 12, 1994. A copy of the petition containing the full text of the proposed amendments is available to review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 322-4147, (refer to Number W-1094-27) Issued in Austin, Texas on January 4, 1995. TRD-9500076 D. J. Powers General Counsel and Chief Clerk Texas Department of Insurance Filed: January 4, 1995 Texas State Library and Archives Commission Contract Award In compliance with Government Code, Chapter 2254, the Texas State Library and Archives Commission published a request for proposals in the August 19, 1994, issue of the Texas Register (19 TexReg 6604) to obtain internal audit services. Services will include internal audits based on the FY 1995 audit plan, an update of the risk assessment of all major systems and controls, a proposed internal audit plan for FY 1996, and preparation of the annual internal audit report to the State Auditor. In addition to written reports, periodic oral reports to the Texas State Library and Archives Commission will be submitted throughout the period of engagement. The Library engaged Russell Gregorczyk, CPA, P.O. Box 601, Kyle, Texas 78640. The effective dates for the engagement are January 1, 1995-October 31, 1995. The cost of the services is estimated to be $26,000 plus travel expenses. Issued in Austin, Texas on January 3, 1995. TRD-9500059 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Filed: January 3, 1995 Texas Optometry Board Correction of Error The Texas Optometry Board proposed an amendment to sec.271.6, concerning procedural rules regarding the clinical examination. The rule appeared in the December 16, 1994, issue of the Texas Register (19 TexReg 9950). Due to submission in sec.271.6(a), it is showing "no change." The text should be: "(a) The board determines that the written examination by the National Board of Examiners in Optometry (NBEO) complies in all material respects with the requirements of the Act, sec.3.05 and sec.3.06. The passing score on each Part of the National Board written examination is determined by a criterion- referenced standard setting approach, in which the passing score is set at a scaled score of 300. The Texas Optometry Board will accept scores from an NBEO written examination if the final Part was satisfactorily completed on or after January 1, 1984." The Texas Optometry Board proposed an amendment to sec.273.5, concerning limited licenses for clinical faculty. The rule appeared in the December 16, 1994, issue of the Texas Register (19 TexReg 9951). Due to submission in sec.273.5(a)(1)-(5), it is showing "no change." The text should be: "(1) The applicant must be a full-time faculty member of an institution accredited by the Council on Optometric Education of the American Optometric Association (COEAOA) or a State recognized accrediting entity; (2) The applicant must be a graduate of an institution accredited by the COEAOA; (3) The applicant's practice must be limited to the premises of the institution and its affiliated clinics; (4) The practice must be an adjunct to the institution's teaching program; and (5) The applicant must have paid the fees required by sec.273.4 of this title (relating to Fees)." Under subsection (b), item number (2) is showing "no change". The text should be: "(2) promptly notify the board of any changes in optometry personnel on the faculty;" Texas Department of Transportation Request for Proposals Notice of Invitation. The Texas Department of Transportation (TxDOT) intends to engage an engineering firm, pursuant to Texas Government Code, Chapter 2254, Subchapter A, to provide the following services: Contract 1: Complete design and plans, specifications and estimate development, and right of way plans for extension of F.M. 3048 north of the City of Cleburne, Johnson County, Texas. Deadline: Deadline for letters of interest notifying TxDOT of the engineering consultant's intent to submit a proposal, is January 23, 1995 at 5:00 p.m., at the TxDOT Fort Worth District Office, 2501 South West Loop, Fort Worth, Texas, or mailed to P.O. Box 6868, Fort Worth, Texas 76115. Upon receipt of the letter of interest, a request for proposal packet will be issued. Deadline: Deadline for completed Proposals is February 6, 1995, at 5:00 p.m. Agency Contact. Requests for additional information regarding the request for proposals should be directed to W. L. Wimberley, P.E., (817) 370-6551 or Judy Brown (817) 370-6572, FAX (817) 370-6553 at the Fort Worth District Office. Contract 24-5XXP5003: Prepare plans, specifications and estimate for upgrading 0.97 miles of Diana Drive in Northeast El Paso, including asphaltic concrete paving, drainage and illumination. Deadline: Deadline for letters of interest notifying TxDOT of the engineering consultant's intent to submit a proposal, is January 23, 1995 at 5: 00 p.m., at the TxDOT El Paso District Office, 212 North Clark Drive, El Paso, Texas or P.O. Box 10278, El Paso, Texas 79994-0278. Upon receipt of the letter of interest, a request for proposal packet will be issued. Deadline: Deadline for completed proposals is February 13, 1995, at 5:00 p. m. Agency Contact. Requests for additional information regarding the request for proposals should be directed to Craig S. Warren, P.E., TxDOT Project Design, (915) 774-4278, FAX (915) 774-4278 at the El Paso District Office. Contract 24-5XXP5004: Design, prepare plans, specifications and estimate for the extension of artcraft road in El Paso County from the New Mexico state line to IH 10. The Project consists of the construction of three miles of a six lane divided roadway facility. Approximately 2.2 miles of the roadway will be on the new location, the remainder is along the existing alignment of Artcraft Road. The proposed Arterial will have a diamond interchange at SH20 (Doniphan Drive) and bridge structures over the Rio Grande River and IH 10. Deadline: Deadline for Letters of Interest notifying TxDOT of the engineering consultant's intent to submit a proposal, is January 16, 1995 at 5: 00 p.m., at the TxDOT El Paso District Office, 212 North Clark Drive, El Paso, Texas or P.O. Box 10278, El Paso, Texas 79994-0278. Upon receipt of the letter of interest, a request for proposal packet will be issued. Preproposal Meeting: A mandatory preproprosal meeting will be held on January 24, 1995, at 212 North Clark Drive, El Paso, Texas, at 10:00 a.m. Deadline: Deadline for completed proposals is February 9, 1995, at 5:00 p.m. Agency Contact. Requests for additional information regarding the request for proposals should be directed to Jose L. Rodarte, P.E., TxDOT Project Design, (915) 774-4257, FAX (915) 774-4278 at the El Paso District Office. Issued in Austin, Texas on January 3, 1995. TRD-9500020 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Filed: January 3, 1995 Texas Workers' Compensation Commission Correction of Error The Texas Workers' Compensation Commission filed proposed amendments and repeals to 28 TAC sec.sec.164.1-164.14, and new rules sec.164.1 and sec.164.14 with the Texas Register. The proposal was published in the December 20, 1994, issue (19 TexReg 10073). The proposal as published did not show significant portions of new language in the amended rules. The proposal was republished in the December 30, 1994, issue (19 TexReg 10469), with the new language shown correctly, but with the following errors: Errors as published: New sec.164.1(b)(7). In the definition for Expected Injury Rate, the title of the National Safety Council publication Work Injury and Illness Rates, was shown in bold, rather than in italics. Since this is a new rule, and should not show any designation of new language, this error creates confusion. Errors as submitted: Section 164.10. The text and designations of new (b) and (c) should have been designated as new language. Section 164.2(b)(3). The word "steps" should have been designated as deleted language. The sentence should read: "an outline of the [steps] actions the employer is required to take as an identified extra-hazardous employer;" Section 164.2(b)(6). The words "the actions" should have been designated as new language. The sentence should read: "[inform the employer of] the penalties for failure to take [steps] the actions required under the Extra-Hazardous Employer Program; and" The commission has simultaneously filed a correction of error with the Register with the filing of this notice. Issued in Austin, Texas, on January 3, 1995. TRD-9500054 Susan Cory General Counsel Texas Workers' Compensation Commission Filed: January 3, 1995