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. State Office of Administrative Hearings Notice of Public Hearing-Private Passenger and Commercial Automobile Insurance Benchmark Rates Notice is hereby given of Location of Public Hearing under Docket Number 454- 95-1218.G, Private Passenger and Commercial Automobile Insurance Benchmark Rates, which appeared in the September 26, 1995, issue of the Texas Register (20 TexReg 7884). The hearing will begin on Tuesday, November 28, 1995, at 9:00 a.m. The location of the hearing has been changed from the State Office of Administrative Hearings, William P. Clements State Office Building, 300 West 15th Street, Austin, Texas 78701, to The Lyndon B. Johnson School of Public Affairs, Sid Richardson Hall-Unit Three, Bass Lecture Hall, 2315 Red River, Austin, Texas 78713-8925-99. Issued in Austin, Texas, on November 17, 1995. TRD-9514987 Shelia Bailey Taylor Deputy Chief Administrative Law Judge State Office of Administrative Hearings Filed: November 17, 1995 Texas Department of Agriculture Notices of Public Hearings The Texas Department of Agriculture (the department) will hold public hearings to take public comment regarding the department's proposed amendments to the imported fire ant quarantine as published in the November 7, 1995, issue of the Texas Register (20 TexReg 9238). Hearings will be held as follows. (1) Thursday, November 30, 1995, at the Texas Department of Agriculture Valley Regional Office, 900-B. East Expressway 83, San Juan, Texas, beginning at 10:30 a.m. for Willacy and Hidalgo counties. For more information, please contact Hector Flores, Regional Director, Texas Department of Agriculture, Valley Regional Office, 900-B East Expressway 83, San Juan, Texas 78589, (210) 787- 8866. (2) Friday, December 1, 1995 at the Ector County Extension Office, 1010 East Eighth, Odessa, Texas, beginning at 10:00 a.m. for Ector county. For more information, please contact Ronald Bertrand, Regional Director, Texas Department of Agriculture, West Texas Regional Office, 4502 Englewood Avenue, Lubbock, Texas 79414, (806) 799-8555. Issued in Austin, Texas, on November 17, 1995. TRD-9514988 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Filed: November 17, 1995 In accordance with the Texas Agriculture Code Annotated, sec.61.002, the Texas Department of Agriculture will conduct a public hearing to take public comment regarding the department's proposed amendment to the Texas Administrative Code, sec.19.3, concerning Texas Seed Law. The proposed amendment was published in the September 5, 1995, issue of the Texas Register (20 TexReg 6876). The hearing will be held December 4, 1995, beginning at 1:30 p.m. at 1700 North Congress Avenue, Room 924A, Austin, Texas. The deadline for written comments on the proposed amendment has been extended to December 5, 1995. Comments should be sent to David Kostroun, Coordinator, Plant Quality Programs, P.O. Box 12847, Austin, Texas 78711. For further information regarding the hearing or to obtain a copy of the proposed amendment, please contact David Kostroun at (512) 463-0012 or in writing at P.O. Box 12847, Austin, Texas 78711. Issued in Austin, Texas, on November 17, 1995. TRD-9514989 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Filed: November 17, 1995 Ark-Tex Council of Governments Ark-Tex Council of Governments (ATCOG) Request for Vendor Proposal for Underground Network Cable Installation for Child Care Management Services (CCMS) Automation Project The Ark-Tex Council of Governments (ATCOG) is in the process of requesting proposals for an underground cabling project for our Centre West offices, 911 North Bishop Road, Building A, Wake Village, Texas 75501-1900. The project would consist of approximately 400' of 3" PVC Electrical Conduit to be laid underground between Building A and Building B in our complex. A bore under of existing parking lot will be required. The proposal selected will be expected to meet the requirements set forth in the Request for Proposal (RFP) and evaluated in terms of methodology of implementation, proposed cost/budget and past performance of services. Final selection shall be approved by the Ark-Tex Council of Governments. Those interested in receiving a request for proposal packet should contact Dexter Stone, Computer Systems Coordinator, Ark-Tex Council of Governments Centre West, 911 North Bishop Road, Building A, Wake Village, Texas 75501-1900, (903) 832-8636. The deadline for proposal submission to ATCOG is 5:00 p.m. on December 8, 1995. Issued in Texarkana, Texas, on November 16, 1995. TRD-9515030 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: November 20, 1995 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 Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1. 04). [graphic] Issued in Austin, Texas, on November 14, 1995. TRD-9514918 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: November 16, 1995 Texas Department of Human Services Public Notice of Open Solitation-Carson/Hansford County Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days (starting the date of this public notice) for the construction of a 90-bed nursing facility in Carson County, County #033 and Hansford County, County #098 identified in the September 22, 1995, issue of the Texas Register (20 TexReg 7763). These counties are also listed in this public notice. Potential contractors desiring to construct a 90-bed nursing facility in the county identified in this public notice must submit a written reply (as described in 40 TAC sec.19.2324) to TDHS, Gary L. Allen, Certification, Enrollment, and Billing Services, Long Term Care-Regulatory, Mail Code (Y-976), P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by TDHS by 5:00 p.m. Wednesday, December 27, 1995, the last day of the open solicitation period. Potential contractors will be allowed 90 days to qualify and qualified potential contractors will be placed on a secondary-selection waiting list in the order that their applications are received. To qualify, potential contractors must demonstrate an intent and ability to begin construction of a facility and to complete contracting within specified time frames. They must submit a letter of application to TDHS with the following documentation: First, there must be acceptable written documentation showing the ownership of or an option to buy the land on which the proposed facility is or will be located. Second, documentation must include a letter of finance from a financial institution. Third, documentation must include a signed agreement stating that, if selected, the potential contractor will pay liquidated damages if the 180-day and/or 18-month deadline(s) described in 40 TAC sec.19.2443(q) are not met. The signed agreement must also require the potential contractor to provide, within 10 working days after the date of selection, a surety bond or other financial guarantee acceptable to TDHS ensuring payment in the event of default. If the 180-day deadline is not met, liquidated damages are 5.0% of the estimated total cost of the proposed or completed facility. If the 18-month deadline is not met, liquidated damages are an additional 5.0% of the estimated total cost of the proposed or completed facility. Fourth, there must be acceptable written documentation that the preliminary architectural plans for the proposed or completed facility have been submitted to the Architectural Section of TDHS. Each application must be complete at the time of its receipt. TDHS accepts the first qualified potential contractor on the secondary-selection waiting list. If no potential contractors submit replies during this open solicitation period, TDHS will place another public notice in the Texas Register announcing the reopening of the open solicitation period until a potential contractor replies. Occupancy rates for identified threshold counties are listed as follows: [graphic] Issued in Austin, Texas, on November 16, 1995. TRD-9514924 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Filed: November 16, 1995 Public Notice of Open Solicitation-Reeves County Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Reeves County #195, identified in this notice, where Medicaid contracted nursing facility occupancy rates exceed the threshold (90% occupancy) in each of six months in the continuous, April 1995-September 1995, six-month period. Potential contractors seeking to contract for existing beds which are currently licensed as nursing home beds or hospital beds in the counties identified in this public notice must submit a written reply (as described in 40 TAC sec.19.2324) to TDHS, Gary L. Allen, Certification, Provider Enrollment, and Billing Services, Long Term Care-Regulatory, Mail Code Y-976, Post Office Box 149030, Austin, Texas 78714-9030. The written reply must be received by TDHS by 5:00 p.m. Wednesday, December 27, 1995, the last day of the open solicitation period. Potential contractors will be placed on a waiting list for the primary selection process in the order that the beds which were being proposed for Medicaid certification were initially licensed. The primary selection process will be completed on January 8, 1995. If there are insufficient available beds after the primary selection to reduce occupancy rates to less that 90%, TDHS will place a public notice in the Texas Register announcing an additional open solicitation period for those individuals wishing to construct a facility. [graphic] Issued in Austin, Texas, on November 16, 1995. TRD-9514925 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Filed: November 16, 1995 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for incorporation in Texas for Direct Line Insurance Company, Inc., a domestic fire and casualty company. The home office is in Houston, Texas. Application for a name change in Texas for Illinois Mutual Life and Casualty Company, foreign life, accident and health company. The proposed new name is Illinois Mutual Life Insurance Company. The home office is in Peoria, Illinois. Application for a name change in Texas for National American Life Insurance Company of Texas, a domestic life, accident and health company. The proposed new name is General Life Insurance Company. The home office is in Austin, Texas. Application for a name change in Texas for Chilton Insurance Company, a domestic life, accident and health company. The proposed new name is TIG American Specialty Insurance Company. The home office is in Irving, Texas. Application for incorporation in Texas for Texas Sonic Employers Trade Association, Inc., a foreign Multiple Employer Welfare Arrangement. The home office is in Kansas City, Missouri. Application for incorporation in Texas for TOMA Fuel and Food Group Trust and Welfare Plan, a domestic Multiple Employer Welfare Arrangement. The home office is in Austin, Texas. Application for incorporation in Texas for SPDDS Employees Benefit Trust, a domestic Multiple Employer Welfare Arrangement. The home office is in Lubbock, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on November 20, 1995. TRD-9515039 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: November 20, 1995 Notice The Texas Department of Insurance adopted amendments to 28 TAC Chapters 3 and 11, concerning managed care plans on November 15, 1995. The adopted rules appear in this issue of the Texas Register. The Department also has proposed amendments to the same chapters. In order to avoid confusion between the adopted and proposed sections, the proposed rules will be published in a later issue of the Texas Register and the public comment period for the proposed rules will begin upon their publication in the Texas Register. Issued in Austin, Texas, on November 20, 1995. TRD-9515038 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: November 20, 1995 Notice of Application by AECC Total Vision Health Plan of Texas, 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 AECC TOTAL VISION HEALTH PLAN OF TEXAS, INC., Austin, Texas for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) for the sole purpose of providing a single health care service plan offering a vision care service 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. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to issue a certificate of authority to AECC TOTAL VISION HEALTH PLAN OF TEXAS, INC. without a public hearing. Issued in Austin, Texas, on November 20, 1995. TRD-9515040 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: November 20, 1995 Texas Natural Resource Conservation Commission Application for Standby Fees Notice of Application to Levy Standby Fees was issued during the period of November 13-17, 1995. Application by Lake Conroe Hills Municipal Utility District (the "District") for renewal of the authority to adopt and impose standby fees on undeveloped property. The application has been executed by the Board of Directors of the District. The District received approval from the Commission for authority to impose standby fees for operations and maintenance for years 1991-1993. In 1994, the District levied a debt service tax rate and an operation and maintenance tax. Any revenues collected from the standby fees shall be used to pay operation and maintenance expenses. The amount of the standby fee requested is $89.74 per equivalent single-family connection (ESFC) and $228 per year per acre, per staff calculations, for operation and maintenance for a period not to exceed three years on all unimproved property within Sections 1 and 2 of the District that has available water and/or wastewater facilities financed and operated by the District. The Commission may approve the standby fee as requested or it may approve a lower standby fee, but it will not approve a standby fee greater than that requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of the obligation on transfer of title to the property. On January 1 of each year, a lien attaches to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The Executive Director is authorized to act on behalf of the TNRCC and issue final approval on certain applications. The Executive Director will act on this application unless a written hearing request that includes the following information is filed within the 30 days after newspaper publication of this notice: the name, mailing address, and daytime phone number of the person requesting the hearing; the name of the District; the statement "I/we request a public hearing"; and a brief description of how the person for whom the hearing is being requested would be adversely affected by the approval of the application in a way not common to the public. A hearing request by a group or association must meet certain additional requirements that may be obtained from the Chief Clerk at the address and telephone number listed. If a hearing request is filed, the Executive Director will not act on the application and will forward the application and hearing request to the TNRCC Commissioners for consideration at a scheduled Commission meeting. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Office of the Chief Clerk-Mail Code 105, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087, (512) 239-3315. Issued in Austin, Texas, on November 17, 1995. TRD-9514976 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 17, 1995 Notices of Application for Permits to Appropriate Public Waters of the State of Texas Notices of application for permits to appropriate public waters of the State of Texas were issued during the period of November 6-17, 1995. Application by TEXAS MUNICIPAL POWER AGENCY for authorization to maintain two dams and reservoirs which were constructed in 1982 for sediment control purposes. Pond 6A and Pond 7A are on-channel ponds, both are tributaries of the Navasota River, tributary of the Brazos River, Brazos River Basin at the applicant's Gibbons Creek Lignite Mine located approximately 8.2 miles northwest from the City of Anderson in Grimes County, Texas. Pond 6A is located on an unnamed tributary of Gibbons Creek with a surface area of 73.6 acres, impounding 390.9 acre-feet at the principal spillway elevation of 209.9 above mean sea level. Pond 6A is the most upstream impoundment and is located in the James W. Tuttle Survey, Abstract Number 448, and at the midpoint of the centerline of the dam it is North 72 degrees 53 feet 32 inches West, 8,811 feet from the southeast corner of the aforesaid Tuttle Survey. Pond 7A is located on Dry Creek, tributary of Gibbons Creek, with a surface area of 79.7 acres, impounding 862.2 acre-feet of water at the principal spillway elevation of 214.21 above mean sea level. Pond 7A is downstream of Pond 6A and at a point on the centerline of the dam it is North 73 degrees 18 feet 50 inches East, 3,083 feet from the southwest corner of the aforesaid Tuttle survey, also being Latitude 30.554 degrees North and Longitude 96.100 degrees West. These ponds, Pond 6A and Pond 7A, will eventually transfer ownership to private landowners after final reclamation and bond release through the Railroad Commission of Texas. The applicant has stated that both ponds will be used for domestic and livestock consumption. The Executive Director will issue the permit unless a written hearing request is filed within 30 days after newspaper publication of this notice. To request a hearing, you must submit the following: your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; the name of the applicant and the permit number; the statement "I/we request a public hearing"; a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; the location of your property relative to the applicant's operations; and your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 4301, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on November 17, 1995. TRD-9514975 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 17, 1995 Notices of Applications for Waste Disposal Permits Notice of applications for waste disposal permits were issued during the period of November 13-17, 1995. 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 publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. In the event a hearing is held, the Office of Hearings Examiners will submit a recommendation to the Commission for final decision. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. ACME BRICK COMPANY; the permittee operates the Bridgeport Clay Mine; the plant site is adjacent to the north side of State Highway 920 approximately one mile west of the intersection of State Highways 920 and 114 in the City of Bridgeport, Wise County, Texas; new; 03858. PHILIPS ELECTRONICS NORTH AMERICA CORPORATION; groundwater treatment unit at an electronics manufacturing facility; the plant site is on Harvey Road and approximately 1.5 miles south of U.S. Highway 180 and approximately 0.4 mile east of FM Road 1195 in the City of Mineral Wells, Parker County, Texas; new; 03835. TOM HOLMES, doing business as Holmwood Subdivision; the wastewater treatment facilities are 1.1 miles southwest from the intersection of State Highway 190 and State Highway 63 in Jasper County, Texas; new; 13801-01. CROSBY GROUP, INC.; the facility which manufactures forged lifting devices is adjacent to Fisher Road and just south of U.S. Highway 80 on the western edge of the City of Longview, Gregg County, Texas; new; 03845. CITY OF BISHOP; the wastewater treatment facilities are approximately 1.25 miles south of the intersection of U.S. Highway 77 and Sixth Street, west of U. S. Highway 77 and adjacent to Carreta Creek in Nueces County, Texas; renewal; 10427-01. CITY OF CRAWFORD; the wastewater treatment facilities are southeast of Crawford approximately 3000 feet east-southeast of the intersection of FM Road 185 and State Highway 317 and 1,000 feet south of FM Road 185 in the west corner of McLennan County, Texas; renewal; 10656-01. COASTWIDE MARINE SERVICES, INC.; the wastewater treatment facilities are in the southeast portion of Pelican Island, adjacent to the Galveston Channel, approximately 6,000 feet east of the Todd Shipyards in Galveston County, Texas; renewal; 10931-01. CITY OF RHOME; the wastewater treatment facilities are on Quail Ridge Drive approximately 750 feet west and 1,600 feet north of the intersection of the west bound lanes of State Highway 114 and the Burlington Northern Railroad, Wise County, Texas; renewal; 10701-01. CITY OF EUSTACE; the wastewater treatment facilities are approximately 800 feet east of the intersection of Cornelius Lane and Smith Street, southeast of midtown Eustace in Henderson County, Texas; renewal; 11132-01. BIG OAKS MUNICIPAL UTILITY DISTRICT; the wastewater treatment facilities are approximately 4,000 feet southwest of the intersection of FM Roads 1464 and 1093 in Fort Bend County, Texas; renewal; 13021-01. CITY OF TERRELL; the wastewater treatment facilities are approximately one mile south of the intersection of Interstate Highway 20 and State Highway 34, south of the City of Terrell in Kaufman County, Texas; renewal; 10747-01. FIRST HEIGHTS BANK, FSB; the wastewater treatment facilities are at 7132 Green Tree Drive, approximately 3.5 miles north of the City of Angleton, approximately 0.5 mile west of State Highway 288 in Brazoria County, Texas; renewal; 12113-01. CITY OF WEATHERFORD; the wastewater treatment facilities are at 416 Hickory Lane; approximately 4,000 feet north-northwest of the intersection of Interstate Highway 20 and FM Road 2552 in Parker County, Texas; amendment; 10380-01. GULF STATES ASPHALT COMPANY, INC.; an asphalt products manufacturing plant; the plant site is at 300 Christy Place in the City of South Houston, Harris County, Texas; renewal; 01058. ENGINEERED CARBONS, INC.; the plant site is adjacent to FM Road 736 approximately 0.5 mile east of the intersection of FM Road 736 and FM Road 3247, northeast of the City of Orange, Orange County, Texas; amendment; 00814. HI-PORT INCORPORATED; the applicant operates a packaging facility for a variety of organic compounds including automotive and industrial antifreeze; blended engine oils, hydraulic oils and transmission fluids; and agricultural chemicals; the plant site is at 409 East Wallisville Road in the Community of Highlands, Harris County, Texas; amendment; 01062. POLYMER SERVICE, INC.; a plastic and rubber processing plant; the plant site is adjacent to the north side of State Highway 90, approximately 2.5 miles east of the intersection of State Highway 90 and FM Road 326 near the City of China, Jefferson County, Texas; new; 03846. CITY OF AUSTIN ELECTRIC UTILITY; the Decker Steam Electric Station; the plant site is on the west shore of Walter East Long Lake, approximately four miles east of the intersection of U.S. Highway 290 and U.S. Highway 183 in the City of Austin, Travis County, Texas; renewal; 01887. CITY OF FROST; the wastewater treatment facilities are approximately 0.40 mile northwest of the intersection of State Highway 22 and FM Road 667 in Navarro County, Texas; amendment; 10444-01. SHELL DEVELOPMENT COMPANY; the permittee operates the Westhollow Technology Center which is primarily a petrochemical research, development, and technology laboratory with small scale development units, pilot plants, and small tank farm operations; the plant site is on the east side of State Highway 6 at a point approximately 3,000 feet south of the intersection with FM Road 1093 (Westheimer-Beeler Road) in the City of Houston, Harris County, Texas; amendment; 01853. Issued in Austin, Texas, on November 17, 1995. TRD-9514985 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 17, 1995 Notice of Opportunity to Comment on Permitting Actions-For the Week Ending November 17, 1995 The following applications are subject to a Commission resolution adopted August 30, 1995, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within ten days of the date notice concerning the application(s) is published in the Texas Register. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protests or requests for hearing are filed, the Executive Director will sign the permit ten days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to the Chief Clerk's Office (Mailcode 105), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. FIRST COLONY MUNICIPAL UTILITY DISTRICT NUMBER 9 for a minor amendment to Permit Number 12806-01 to change the compliance dates for the completion of the plans and specifications and the date construction is to begin. The new dates are not to be more than 120 days after the dates specified in the existing permit and would not interfere with the attainment of the final compliance date. The current permit authorizes a discharge of treated domestic wastewater effluent at interim I and interim II volumes not to exceed an average flow of 300,000 gallons per day and a final volume not to exceed an average flow of 1,000,000 gallons per day, which will remain the same. The wastewater treatment facilities are approximately 3,000 feet west of the intersection of FM Road 1092 and Cartwright Road on the western bank of Oyster Creek in Fort Bend County, Texas. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NUMBER 2 for a minor amendment to Permit Number 12979-01 to add an interim phase and decrease the flow volume in the final phase. The current permit authorizes a discharge of treated domestic wastewater effluent at an interim I volume not to exceed an average flow of 125,000 gallons per day, at an interim II volume not to exceed an average flow of 250,000 gallons per day and at a final volume not to exceed an average flow of 810,000 gallons per day. The proposed amendment would authorize an interim I volume not to exceed an average flow of 50,000 gallons per day, an interim II volume not to exceed an average flow of 125,000 gallons per day and a final volume not to exceed an average flow of 250,000 gallons per day. The wastewater treatment facilities are approximately 4,500 feet southeast from the intersection of Interstate Highway 45 and Spring Creek and approximately 1.3 miles northeast of the intersection of Stuebner Road and Interstate Highway 45 in Harris County, Texas. CHAMBERS COUNTY RESOURCE RECOVERY AND RECYCLING CENTER has applied for a municipal solid waste permit (Proposed Permit Number MSW 2239) authorizing a Type V-RR (Incinerator) solid waste management facility. The proposed site covers approximately ten acres of land and will receive a maximum of 100 tons of municipal solid waste and non-hazardous medical waste per day for disposal and other processing. The facility is to be located at 7505 State Highway 65, approximately 8.5 miles east of the City of Anahuac in Chambers County, Texas. Consideration of the application of Lavon WSC to Amend Water CCN Number 10066 by Adding and Decertifying Areas, and to Decertify a Portion of CCN Number 10088 Issued to Mt. Zion WSC in Collin and Rockwall Counties, Texas (Application Number 30682-C, Doug Holcomb). Consideration of the application of Lavon Water Supply Corporation to Discontinue Water Utility Service to Three Customer Locations in Collin County, Texas (Application Number 30683-Q, Doug Holcomb). Consideration of the application of W-Oaks Phoenix Corporation to Acquire Facilities and Cancel Water CCN Number 12636 of South Whispering Oaks Water System, Inc. and Amend Water CCN Number 12353 in Hunt County, Texas (Application Number 30448-S, Doug Holcomb). Consideration of application of Liborio Cadena doing business as Cadena Subdivision Water System to Cancel Water Certificate of Convenience and Necessity Number 12669 in Duval County, Texas (Application Number 30927-Q, Doug Holcomb). Consideration of the application of Johnson County Rural Water Supply Corporation to Transfer a Portion of Water CCN Number 12190 from Chuck Bell doing business as Chuck Bell Water Systems; Transfer Customers from an Uncertificated Portion of Chuck Bell doing business as Chuck Bell Water Systems; and Amend Water CCN Number 10081 in Johnson County, Texas (Application Number 30735-S, Doug Holcomb). Docket Number 95-1276-UCR. APPLICATION BY AMBERWOOD UTILITY COMPANY FOR APPROVAL OF A CHANGE IN WATER RATES. Applicant requests approval of a rate increase for water utility service provided to approximately 30 customers in its service area in Harris County, Texas; CCN Number 12163 (Application Number 30822-G). Consideration of a proposed order acting on the application by Hunterwood Municipal Utility District of Harris County for the levy of a uniform annual standby fee to supplement the debt service and operations and maintenance accounts in the amounts of $211,186 ($572.32 Per lot) and $115,469, ($312.92 Per lot), respectively (TNRCC Internal Control Number 062295-D02, Robert Ferguson). Consideration of a Proposed Order Approving the Application by Brazoria County Municipal Utility District Number 1 for Approval of $1,500,000 Unlimited Tax and Revenue Bonds, Third Issue, 8.16% Net Effective Interest Rate, Series 1995; and the Use of $160,000 in Surplus Funds. The District's application requests Commission approval of a bond issue and surplus construction funds to finance subdivision utilities, and the District's pro rata shares of a regional wastewater trunk line, future Water Plant Number 2 expansion, Booster pump upgrade at Water Plant Number 1, lift station and force main, and future phase 2 of a permanent wastewater treatment plant (TNRCC Internal Control Number 053095- D02; Robert Ferguson). Consideration of a Proposed Order Acting on the Petition by Beeler/Sanders V Limited. Requesting Appointment of Temporary Directors for Harris County Municipal Utility District Number 199. The Petitioner requests the Commission to appoint Doug Bailey and Todd Mueller to terms ending May, 1996, and A. David Schwarz, Sean A. Moore and Bruce H. Phillips to terms ending May, 1998 (TNRCC Internal Control Number 101995-D03; Robert Ferguson). Issued in Austin, Texas, on November 17, 1995. TRD-9514974 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 17, 1995 Provisionally-Issued Temporary Permits to Appropriate State Water Listed are permits issued during the period of November 13-15, 1995. Application Number TA-7549 by Tour 18, Inc. for diversion of 50 acre-feet in an 18-month period for irrigation use. Water may be diverted at approximately 27 miles in a southerly direction from Denton, Denton County, Texas, Trinity River Basin. Application Number TA-7570 for C W and A, Inc. for diversion of nine acre-feet in a one-year period for industrial (highway construction) use. Water may be diverted at approximately 15 miles south of Edna in Jackson County, Texas, Lavaca-Guadalupe Coastal Basin. Application Number TA-7571 by T. L. James and Company, Inc. for diversion of nine acre-feet in a one-year period for industrial (highway construction) use. Water may be diverted approximately ten miles northwest of Cameron, Milam County, Texas, Brazos River Basin. Application Number TA-7572 by E. E. Hood and Sons, Inc. for diversion of seven acre-feet in a six-month period for industrial use. Water may be diverted approximately 23.5 miles southwest of Tilden, McMullen County, Texas, Nueces River Basin. Application Number TA-7575 by Coastal Liquid Partners, L.P. for diversion of one acre-foot in a one year period for mining use. Water may be diverted approximately 14 miles south of Edna in Jackson County, Texas, Lavaca-Guadalupe Coastal Basin. Application Number TA-7576 for Amoco Chemical Company for diversion of ten acre-feet in a one month period for industrial (hydrostatic test) use. Water may be diverted approximately two miles southeast of Texas City in Galveston County, Texas, San Jacinto-Brazos Coastal Basin. Application Number TA-7577 for H and M Construction for diversion of one acre- foot in a one year period for industrial (road construction) use. Water may be diverted approximately five miles north of Boerne in Kendall County, Texas, Guadalupe River Basin. Application Number TA-7578 by T. L. James and Company, Inc. for diversion of eight acre-feet in a one-year period for industrial (highway construction) use. Water may be diverted approximately 2.5 miles northwest of Cameron, Milam County, Texas, Brazos River Basin. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in sec.295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on November 17, 1995. TRD-9514973 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: November 17, 1995 Public Utility Commission of Texas Notice of Intent to File Pursuant to 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 Hereford ISD in Hereford, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Hereford ISD pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 14984. The Application. Southwestern Bell Telephone Company is requesting approval of a new PLEXAR-Custom service for Hereford ISD. The geographic service market for this specific service is the Hereford, 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 Consumer Affairs Division at (512) 458- 0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on November 16, 1995. TRD-9515025 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 20, 1995 Notice of Intent to File Pursuant to Substantive Rule 23.94 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on December 5, 1995, pursuant to Public Utility Commission Substantive Rule 23.94 for approval of a new service offering, Integrated Services Digital Network (ISDN), Basic Rate Interface. Tariff Title and Number: Application of Kerrville Telephone Company for Approval of a New Service Offering Pursuant to Public Utility Commission Substantive Rule 23.94. Tariff Control Number 14973. The Application: Kerrville Telephone Company seeks approval of a new service offering, Integrated Services Digital Network (ISDN), Basic Rate Interface (BRI). This service will be available to all residential and business customers, at the same rates, excluding party lines, Public and Semi-Public access connections and Customer Owned Coin Operated connections within the Kerrville Exchange local serving area and the Harper Exchange via a Link Extension arrangement. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Section at (512) 458-0223, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on November 16, 1995. TRD-9515024 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 20, 1995 Office of Secretary of State Correction of Error In the November 21, 1995, Texas Register , Volume 20, Number 87, Part II, the second page of the Table of Contents inadvertently repeated the second page from Part I. The missing Table of Contents pages should read as follows. [graphic] Texas Department of Transportation Public Hearing Notice The Texas Department of Transportation (TxDOT) and the Texas Transportation Institute (TTI) will conduct public hearings to receive comments on a Draft Environmental Impact Statement (DEIS) for consideration in formulating a Final Environmental Impact Statement (FEIS) concerning vegetation management practices on the state highway system. This DEIS is offered by TxDOT as a proactive initiative for pest management of roadsides. Five public hearings will be held at 9:00 a.m. on the following dates and locations: Wednesday, January 31, 1996 in Room 101, Building 200, 200 East Riverside, Austin, Texas; Friday, February 2, 1996 in the Conference Room of the TxDOT District office, 135 Slaton Road, Lubbock, Texas; Friday, February 9, 1996 in the Conference Room of the TxDOT District office, 9700 East R. L. Thornton, Dallas, Texas; Tuesday, February 27, 1996 in the Conference Room of the TxDOT District office, 8350 U.S. 69, Beaumont, Texas, and Thursday, February 29, 1996 in the Conference Room of the TxDOT District office, 600 West U.S. 83, Pharr, Texas. The hearings will be conducted in accordance with the procedures specified in 43 TAC 1.5. Those desiring to make comments or presentations may register starting at 8:30 a.m. the day of the hearing. Any interested person may appear and offer comments, either orally or in writing; however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views and identical or similar comments through a representative member where possible. Comments on the proposal text should include appropriate citations to sections, subsections, paragraphs, etc. for proper reference. Any suggestions for alternative language or other revisions in the proposed text should be submitted in written form. Information based on scientific reports should be cited, and will be given greater weight than anecdotal observations. Presentations must remain pertinent to the issues being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend these hearings and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing-impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director of Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-8588 at least two working days prior to the hearing so that appropriate arrangements can be made. Written comments on the DEIS may be submitted to Dr. Wayne McCully, Vegetation Management Program, Texas Transportation Institute, The Texas A&M University System, College Station, Texas 77843-3135. The deadline for receipt of written comments will be 5:00 p.m. on March 15, 1996. Copies of the DEIS may be reviewed at any TxDOT District office, at the Vegetation Management Section of the TxDOT Construction and Maintenance Division in Building 200 at 200 Riverside in Austin, or ordered from the Texas Transportation Institute Information and Technology Exchange Center, College Station, Texas 77843-3135. For additional information, contact Roy L. Smith at (512) 416-3094. Issued in Austin, Texas, on November 15, 1995. TRD-9514806 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: November 15, 1995 Request for Information Introduction: The Texas Department of Transportation (TxDOT) publishes this request for information for the future business process re-engineering (BPR) of its Fiscal Services and Equipment, Materials, and Supplies business areas. Fiscal Services functions include the planning, forecasting, monitoring, ensuring of fiscal accountability, collection and payment of the department's financial resources. Fiscal Services sample activities include reviewing historical spending, new legislation, and management goals, predicting budget requirements and requests, allocating and monitoring spending, billing for receivables, processing claims, collecting fees, paying vendors, contractors, and employees, and authorizing payments. Equipment, Materials, and Supplies functions include analyzing needs for, acquiring, disposing of, and managing TxDOT's equipment, materials, and supplies. Sample activities include analyzing equipment needs and requests, analyzing product and acquisition alternatives, developing procurement guidelines and specifications, advertising for bids, reviewing proposals, selecting vendors and products, preparing purchase orders, managing the department's fleet, monitoring equipment utilization, and inventorying equipment, materials, and supplies. TxDOT intends to use one consultant firm for both business areas while utilizing two dedicated cross- functional core teams. Consultants are expected to adapt to the BPR approach used by TxDOT, called Retooling TxDOT. This BPR approach is designed to provide a multi-disciplinary method for implementing fundamental changes in the way work is performed across the organization. The approach also equips the department for dramatically improved performance. Retooling TxDOT focuses on people, technology, risk management and organizational change management to ensure successful implementation. The Retooling TxDOT approach is comprised of the following five phases: During Phase I of the approach, "Establish Change Imperative," a strategic assessment is conducted, customer and stakeholder requirements are assessed, change readiness is measured and a change imperative is documented. Methodology and change management training is conducted. The current way the department is doing business is documented to assist in analyzing areas of the business which may need to change. Process boundaries are defined and high level benchmarking is conducted. This "as-is" assessment helps build a business case for making change. The key result of this phase is a commitment to change. During Phase II of the approach, "Create Vision and Targets," strategic issues are identified, a vision for the future business processes and performance targets are established, and change requirements are evaluated. Comparison with "best practices" of other agencies or private sector companies is performed to help define the vision. The result of this phase is a shared vision and performance expectations by which the success of new business processes can be measured. During Phase III of the approach, "Redesign," business processes are redesigned (retooled), prototypes are conducted, impacts are assessed, and change programs are refined. A gap analysis is conducted between the current operations and the vision. New business processes and responsibilities are designed at a high level and a series of projects are defined to accomplish the vision. Primary results of this phase are identified business improvement projects. During Phase IV of the approach, "Build," new business systems are constructed, new policies and procedures are defined, transitional arrangements are established, performance measurement criteria are designed, and detailed strategies for implementing the new processes are prepared. Results of this phase are new and/or enhanced business procedures, roles, responsibilities, and training programs ready for implementation. During Phase V of the approach, "Implement," new processes are piloted, performance measures are tested, and a learning organization is established. In this phase, equipment is installed, training is performed, and support infrastructures are established. Results of this phase are operational retooled processes, performance measurement mechanisms, and computer applications which are integrated with business processes. Department Profile: With an annual budget of approximately $3 billion, the department's responsibilities include planning, designing, constructing, maintaining, and operating a comprehensive intermodal state transportation system that includes highways, public transportation, aviation, Gulf intercoastal waterways, and motor vehicle registration and titling. The department has approximately 14,500 employees in 25 district offices located geographically across the state and 30 division and special offices located in Austin, Texas. Each district office oversees multiple area and maintenance section offices. The district offices divide responsibility for transportation system development within the state. The divisions support the activities of the districts and the department's other transportation activities. Purpose: This request for information (RFI) is to solicit information only from interested consulting firms concerning their approach to business process re- engineering as described in the introduction of this document and to identify potential resources for partnering with TxDOT in carrying out the project; it is not a request for proposals (RFP), and proposals are not to be submitted. Contents of this RFI are for guidance only and should not be viewed as constraining guidelines. The RFI describes what TxDOT envisions for business process re-engineering of its fiscal services and equipment, materials, and supplies functions; however, any suggestions or comments on how we may enhance the requirements of this business process re-engineering effort would be welcome. Request for Information: Firms that have conducted business process re- engineering (BPR) of a fiscal services and equipment, materials, and supplies function as described in the introduction or that have the capability of performing BPR are asked to provide information to TxDOT. TxDOT seeks the following general information: company and staff consultant experience and success in assisting organizations in re-engineering fiscal services and equipment, materials, and supplies processes; a description of methodology used for BPR and a broad description of BPR phases, activities, and steps; a comparison of BPR phases to TxDOT's phases or your ability to adapt to our approach; approach to organizational change management, how re-engineering the fiscal services and equipment, materials, and supplies functions will support organizational objectives; how the consulting firm can provide access to "best practices" databases or provide research assistance in this area; how innovative practices can be incorporated into the business; how benchmarking is conducted; how to utilize alternative resource strategies; and a description of how process stakeholders and customers are included in the BPR process. Response Date and Agency Contact: Firms who can provide this information are asked to submit two copies to be received no later than the close of business, 5:00 p.m., December 15, 1995, for this RFI. Responses to this Request for Information are to be submitted to the following address: Texas Department of Transportation, Information Resources Management Office, Attention: Rebecca Murdock, Manager of Retooling TxDOT, 125 East 11th Street, Austin, Texas 78701-2483. If you have any questions, please call (512) 505-5228. Disclaimer: Firms responding to this public notice will not be compensated for the information provided. Neither TxDOT nor the responding firms are obligated or expected to receive any benefit resulting from submitting information. The information furnished as a result of this public notice may be modified or otherwise included in a request for proposals. Issued in Austin, Texas, on November 20, 1995. TRD-9515033 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: November 20, 1995 Texas Veterans Commission Request for Proposals The Texas Veterans Commission (TVC) is seeking a contractor to prepare a Needs Analysis/Feasibility Study related to the establishment of long-term health care facility(ies) (State Veterans Home) for the veteran population of Texas. The 74th Texas Legislature has appropriated funds mandating the Texas Veterans Commission to contract for this feasibility study. A maximum expenditure of $98,000 has been approved for this study, which must be completed within 180 days following effective date of a contract. A copy of the Request For Proposal (RFP) will be made available on request. The Texas Veterans Commission will contract directly with one contractor for all services and products. The TVC will not enter into multiple contracts for this study. Subcontractors used are the sole responsibility of the primary contractor and must be listed as a part of your proposal. All work must be performed with consideration of developing a plan for a state veterans home or homes within the context that the State of Texas will be participating in the State/Federal matching program for long-term care of veterans which is administered by The United States Department of Veterans Affairs under the provisions of 38 Code of Federal Regulations 17.163183. The Texas Veterans Commission reserves the right to accept or reject any or all proposals which are a result of the RFP, to negotiate with all qualified sources, or to cancel in part or in its entirety the RFP if it is found to be in the best interest of the TVC. The RFP does not commit the TVC to award a contract or to pay cost incurred for the preparation of proposals. Evaluation of Proposals will be based on a combination of factors including, but not limited to cost, Texas Preference laws, experience, methodology, and references. After an initial evaluation of written proposals, proposers may as part of the selection process, be asked to make an oral presentation to the Commission and/or be interviewed by staff members. Evaluation will be performed by the Texas Veterans Commission. Proposals will be evaluated in their entirety as a comprehensive package which bests satisfies the requirements of the study. The proposals must bear an original signature of a person authorized to commit the primary contractor to a contract of this type. An original and two copies of the original must be received by the Texas Veterans Commission in its Headquarters office in Austin, Texas, prior to 5:00 p.m. January 31, 1996. Proposals received thereafter will not be considered and will be returned unopened. Proposals should be sent to Charles A. Buerschinger at the following address listed. If you wish to receive a copy of the Request For Proposal (RFP) or to receive additional information, contact Charles A. Buerschinger, Deputy Director, Texas Veterans Commission, E.O. Thompson Building, 920 Colorado Street, P.O. Box 12277, Austin, Texas 78711, (512) 463-5538. Issued in Austin, Texas, on November 17, 1995. TRD-9514986 Douglas K. Brown Executive Director Texas Veterans Commission Filed: November 17, 1995