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. Comptroller of Public Accounts Notice of Contract Prices for Texas Prepaid Higher Education Tuition Program Notice of Contract Prices: In accordance with it's Rules, the office of Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board) issues this notice of contract prices for the Texas Prepaid Higher Education Tuition program (Program) for the Program's initial enrollment period of January 2 through March 31, 1996. Contact: Parties with questions relating to contract pricing or other Program matters should contact the Office of the Comptroller, either in writing at Post Office Box 13407, Austin, Texas 78711-3407, or by calling toll free, (800) 445- GRAD. [graphic] Issued in Austin, Texas, on January 9, 1996. TRD-9600231 Arthur F. Lorton Senior Legal Counsel Comptroller of Public Accounts Filed: January 9, 1996 Texas Court Reporters Certification Board Court Reporters Certification Board Notice of Opportunity to Comment on Continuing Education Rules for Court Reporters The Supreme Court of Texas is providing an opportunity for written public comment on proposed continuing education rules for court reporters. According to Texas Government Code, sec.52.015, the Supreme Court may authorize and the Court Reporters Certification Board by rule may require continuing professional education for persons certified as court reporters. The proposed rules are as follows: (a) Continuing Education (CE) Requirements (1) Beginning with the December 31, 1998, renewal and every renewal after that, every registrant who applies for renewal of a certification as a certified shorthand reporter (CSR) shall complete during the renewal period 20 hours of continuing education (CE) relevant to the practice of shorthand reporting. (2) A renewal period is the 24 months preceding December 31 of each renewal year. (3) A CE hour means a minimum of 50 minutes of actual clock time spent by a registrant in actual attendance at and completion of an approved CE activity. After completion on the initial CE hour, credit may be given in one-half hour increments. (4) Approved CE activity must have been completed in the biennium immediately preceding the certification renewal. Additional CE credit earned may not be used for subsequent renewal periods. (5) A candidate certified by examination shall be exempt from the CE requirement for issuance of the initial certification and for the immediate renewal period following licensure. (6) Shorthand reporters certified in Texas but residing and practicing in other states shall comply with the CE requirements set forth in this section. (b) How to Acquire CE Credits (1) CE hours may be earned from: (A) Verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program, activity or course ("program") presented by a continuing education sponsor in subsection (c) below. (B) Verified attendance at a program that is of general information value to shorthand reporters but does not directly relate to the reporter's ability to produce an accurate and timely transcript including: (i) A minimum of five hours credit during a renewal period for such programs which include: professionalism, including knowledge and application of standards of professional responsibility, impartiality, and Texas rules and regulations; and (ii) A maximum of five hours credit during a renewal period for such programs that include: public relations, office procedures, record-keeping, personal tax management, planning for retirement or changing careers within reporting, maintaining individual reporter's health and emotional adjustment, ability to listen, to concentrate, to communicate and to cope. (C) Verified personal preparation of educational presentations pertaining to the profession of court reporting and serving as an instructor, speaker or panel member at an approved course will be allowed as CE credit for actual presentation time, plus actual preparation time of up to two hours for each hour of presentation. Credits for preparation time shall not be allowed for repetitious presentations. No more than five hours of credit can be earned under this category in any one renewal period. (D) Writing articles pertaining to the profession of court reporting and published in a state or nationally recognized professional journal of court reporting or law. No more than five hours of credit can be earned under this category in any one renewal period. Credits will not be allowed for the same article published in more than one publication. (2) Courses successfully completed with a grade of "C" or better or a "Pass" on a pass/fail system that are a part of the curriculum of a university, college or other educational institution that leads to an academic degree (e. g., associate, bachelor's, master's or doctorate degree) directly related to the Certified Shorthand Reporter's knowledge, ability or competence to perform his/her duties as described in subsection (c)(3)(i)-(viii). One semester of course work is equivalent to eight hours of CE, one trimester of course work is equivalent to seven hours of CE and one quarter of course work is equivalent to four hours of CE. (c) CE Sponsors and Programs (1) Sponsor, as used in this Section, shall mean the following: (A) National Court Reporters Association; (B) The Texas Court Reporters Association or any court reporters association whose course or program has been approved for CE credits under the guidelines of the National Court Reporters Association or has been approved by the Court Reporters Certification Board (hereinafter "Board"); (C) Any computer users group whose program or course has been approved for CE credits under the guidelines of the National Court Reporters Association; (D) A city, county, state or federal judicial body responsible for coordination and presentation of CE courses or programs for its employees; (E) A university or college course or adult education program that contributes directly to the Certified Shorthand Reporter's knowledge, ability or competence to perform his/her duties; and (F) Any other school, college or university, state agency, or any other person, firm or association that has been approved and authorized by the Court Reporters Certification Board to coordinate and present CE courses and programs in conjunction with this section. (2) Entities seeking approval as CE sponsors or applicants seeking CE credit earned in other jurisdictions, shall file an application on the forms provided by the Board. Along with the application, the sponsor shall submit a list of proposed programs including the description, location, date and time of the programs. The sponsor shall certify on the application the following: (A) That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) below and all other criteria in this section; (B) That the sponsor will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in subsection (c) (9) below; (C) That the sponsor (excluding the National Court Reporters Association) shall furnish to the Board a list of participants specifying the provider; title, date, and location of program; number of CE hours; and provider grades, if applicable. The list of participants forwarded to the Board by the sponsor shall be in alphabetical order by last name and include each participant's certified shorthand reporter (CSR) number. (D) That upon request by the Board, the sponsor will submit evidence as is necessary to establish compliance with this section. Evidence may include course materials such as target audience, program planning, materials, content, objectives, outline of instructor qualifications, teaching methods and materials, evaluation tools and summary, a list of participants and original participant written evaluations. Evidence shall be required when the Board has reason to believe that there is not full compliance with this requirement and that the information is necessary to ensure compliance. (3) All programs shall: (A) Contribute to the advancement, extension and enhancement of the professional skills and knowledge of the individual registrant in the practice of shorthand reporting; (B) Include one or more of the following subjects directly related to the shorthand reporter's ability to produce accurate and timely transcripts; (i) English, including grammar, punctuation, general principles, spelling, vocabulary, etymology, usage, semantics, regional and minority dialects or colloquialisms, English history, transcript styles; (ii) Medical, including Greek and Latin derivatives, homonyms, abbreviations, surgical procedures, pharmacy, anatomy and physiology, specialized medical fields, (i.e., neurology, dentistry, radiology, gastroenterology), with emphasis on terminology and techniques or concepts likely to be encountered during litigation; (iii) Legal, including terminology, research techniques, presentations on the various subdivisions of law (i.e., criminal torts, domestic relations, corporate, admiralty, patent, environmental) and procedural law (i.e., depositions, trials, administrative proceedings) presentations by legal specialists or experts in the field, history of the American/world legal system; (iv) Technical subjects presented by experts with emphasis on terminology and concepts encountered by the shorthand reporter during litigation (i.e., accident reconstruction, chemistry, construction, geology, insurance, maritime, aerospace, products liability, industrial and environmental pollution); (v) Technology related to new developments in the field of reporting (i.e., computer technology, computer techniques, video, telecommunications, equipment maintenance); (vi) General litigation procedures as they relate to court, deposition and administrative proceedings (i.e., reporting depositions, court hearings, arbitrations, conventions and the court reporter's responsibility with regard to these proceedings, marking exhibits, reading back, going on and off the record, review of statutes, rules related to the reporter); (vii) Transcript preparation, including indexing of witnesses, exhibits, formats, dictating, editing and scoping, reference libraries and research techniques, proofreading; and (viii) Public relations, management, including financial and personnel, equipment maintenance, office procedures, record-keeping, personal tax management, planning for retirement or changing careers within reporting, maintaining individual reporter's health and emotional adjustment, time and stress management; (C) Be relevant to the needs of the shorthand reporters and also to the reporting service needs of the users; (D) Be developed and presented by persons with education and/or experience in the subject matter of the program; (E) Specify for whom the program is primarily designed, the course objectives, course content and teaching methods to be used; and (F) Specify the number of CE hours that may be applied to fulfilling the Texas CE requirements for renewal of the certification of a certified shorthand reporter. (4) Each CE program shall provide a mechanism for evaluation of the program by the participants. The evaluation may be completed on-site immediately following the program or an evaluation questionnaire may be distributed to participants to be completed and returned by mail. The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly. (5) An approved sponsor may subcontract with individuals and organizations to provide approved programs. (6) Continuing education credits may be awarded for home study courses and correspondence courses, provided they are courses administered by approved sponsors. (7) To maintain approval as a sponsor, each sponsor shall submit to the Board by May 31 of each year a sponsor renewal application and a list of courses and programs to be offered in the next 12 months. The list shall include a brief description, location, date and time of each course given. (8) Certificate of Attendance. It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain: (A) The name, address and CE sponsor number of the sponsor; (B) The name, address and CSR number of the participant; (C) A brief statement of the subject matter; (D) The number of hours attended in each program; (E) The date and place of the program; and (F) The signature of the sponsor. (9) The sponsor shall maintain attendance records for not less than five years. (10) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program. (11) Upon the failure of a sponsor to comply with any of the foregoing requirements, the Board, after notice to the sponsor, may refuse to accept CE credit attendance at or participation in any of that sponsor's CE programs until such time as the Board receives assurances of compliance of this section. (12) Notwithstanding any other provision of this section, the Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this section. (d) Activities Not Qualifying for CE Credit (1) Certain activities that shall not be considered acceptable for continuing education credits include, but shall not be limited to, the following: (A) Attendance or participation at professional or association business meetings, conferences, general sessions, elections, policymaking sessions or program orientation; (B) Serving on committees or councils or as officers in a professional organization; (C) Entertainment and recreation; (D) Tours, visiting exhibits; (E) Any function for which the registrant receives remuneration as part of his/her regular employment; (F) In-house training on office equipment; (G) Courses with a main thrust of teaching nonverbal skills (i.e., golf, tennis, dancing, basket-weaving); (H) Any activity completed before the first renewal period for which the renewal applicant is required to obtain CE credit; and (I) Education required by the Board as part of a disciplinary action. (e) Certification of Compliance with CE Requirements Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b) above. (f) Compliance Verification (1) If there appears to be a lack of compliance, the Board may request additional information from applicants to verify compliance with the continuing education requirements. (2) Within 30 days following notification of lack of compliance, the applicant shall submit evidence (e.g., certificate of attendance or other approved documentation) to verify compliance with continuing education requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance. These records verifying CE compliance shall be maintained by the renewal applicant for a minimum of two consecutive renewal periods or four years. (3) The Board shall notify the licensee of the results of the compliance verification and the change of the licensee's status to inactive for individuals determined to be non-compliant. (4) Failure to notify the Board of a current mailing address will not absolve the licensee from the verification audit process. (5) CE compliance verification shall be automatic for a renewal applicant who has been found non-compliant in an immediately preceding renewal period. (g) Appeals (1) Any individual who wishes to appeal a determination of non-compliance with continuing education requirements must submit a letter of appeals within 15 days of notification of the compliance verification results or request a hearing before the Board as specified in Rule VII. of the Standards and Rules for Certification of Certified Shorthand Reporters. (2) The status of an individual who appeals a determination of non-compliance shall be deemed in good standing until a final decision is made by the Board. (3) The decision of the Board after the appeal shall be considered final and binding. (h) Disciplinary Action for Non-Compliance. (1) Failure to maintain required records, falsifying records, or intentionally misrepresenting programs for continuing education may provide grounds for disciplinary action in accordance with Texas Government Code, sec.52.027. (2) Licensees found non-compliant 120 days after the certification expiration date may be referred to the Board for possible disciplinary action. (3) The Board may revoke or suspend a certification or issue a reprimand after notice and opportunity for a hearing. (4) The notice shall be mailed to the registered address of the shorthand reporter not later than the 30th day before the date the hearing is scheduled. (i) Continuing Education Earned in Other Jurisdictions. If an applicant has earned CE hours offered in another state or territory not given by an approved sponsor for which the applicant will be claiming credit toward full compliance in Texas, the applicant shall submit an individual program approval request form within 90 days of completion of the CE program and prior to expiration of the certification. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section. Applicants may seek individual program approval prior to the participation in the program as set forth in subsection (c)(2) of this section. (j) Delinquent Renewals. If a renewal applicant allows his or her certification to expire on January 1, the Board may renew a delinquent certification if, not later than the 120th day after the date of expiration, the applicant shows proof of 20 hours of CE activity. This applies whether the renewal applicant has been delinquent for one day or longer. (k) Filing Timeliness. For the purpose of determining whether a renewal application form is timely filed, the renewal form shall be deemed submitted when actually delivered at the office of the Board or when postmarked as having been mailed prior to midnight on the expiration date. (l) Reinstatement of Nonrenewed or Inactive Certifications. The Board may reinstate a nonrenewed or inactive certification that has been expired for more than 120 days upon satisfactory evidence of compliance with the CE requirements and conditional upon the applicant successfully fulfilling the requirements under Texas Government Code, sec.52.026(e). (m) Waiver of CE Requirements (1) Any renewal applicant seeking renewal of a certification as a certified shorthand reporter without having fully complied with these CE requirements shall file with the Board a renewal application form along with the required fee set forth in Rule VI.C. of the Standards and Rules for Certification of Certified Shorthand Reporters as promulgated by the Texas Supreme Court, a notarized statement setting forth the facts concerning non-compliance and request a waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Board, upon the recommendation of the Continuing Education (CE) Committee or its designee, finds from such affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Board shall waive enforcement of CE requirements for the renewal period for which the applicant has applied. (A) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable renewal period because of: (i) Full-time service in the armed forces of the United States during a substantial part of the renewal period; (ii) An incapacitating illness documented by a statement from a currently licensed physician; (iii) A physical inability to travel to the sites of approved programs documented by a statement from a currently licensed physician; (iv) Being retired from practice and not performing any reporting services; or (v) Any other similar extenuating circumstances. (2) Any renewal applicant who, prior to the expiration date of the certification, submits a request for a waiver, in whole or in part, pursuant to the provisions of this section, shall be deemed in good standing until the final decision on the application is made by the Board. Comments may be submitted to John T. Adams, Clerk, The Supreme Court of Texas, P.O. Box 12248, Austin, Texas 78711, and must be received by 5:00 p.m. on March 1, 1996. Comments may also be sent by facsimile machine to (512) 463-1365. Peg Liedtke, Executive Secretary of the Court Reporters Certification Board, is available to discuss the proposed rules at (512) 463-1624; however, comments must be submitted in writing to be considered by the Court. Issued in Austin, Texas on January 9, 1996. TRD-9600287 Peg Liedtke Executive Secretary Texas Court Reporters Certification Board Filed: January 10, 1996 Texas Department of Health Additional Public Hearing The Texas Department of Health will hold another public hearing on proposed amendments to 25 TAC sec.sec.143.1-143.9, 143.11, and 143.13; and new sec.143.14 and sec.sec.143.16-143.19, concerning the regulation of performing medical radiologic techologists. The public hearing is scheduled for 6:00 p.m., Wednesday, January 17, 1996, at the Houston Community College, High School Building, 3100 Shenandoah, Room 312, Houston, Texas. For more information contact: Donna Flippin, Texas Department of Health, Professional Licensing and Certification Division, (512) 834-6617. Issued in Austin, Texas, on January 8, 1996. TRD-9600219 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 8, 1996 Fiscal Year 1996 Public Health Regions 2 and 3, Community Oriented Primary Care (COPC) Program Projects Note: This notice was originally submitted as published in the December 26, 1995, issue of the Texas Register (20 TexReg 11233) with incorrect information. Therefore, the notice is being resubmitted and republished with the correct information. Especially note the correct dates and the correct page limit. Public Health Region 2 and 3 is considering the development of one to four Community Oriented Primary Care (COPC) Program planning projects, in the 49 counties within Public Health Region 2 and 3, designed to plan for integration of public health and community health to develop a community based, community driven community health care system which is focused on "health" rather than "illness". Public Health Region 2 and 3 is requesting information and proposals for piloting innovative COPC variations of planning for community driven health care systems in which there are: (1) integration of public health activities and private/community providers with key community leadership buy in to the concept; (2) community involvement for COPC planning and development which can include plans on how to implement; (3) activities establishing a process of Community Development Planning to include assessment of resources and identifying community health problems to be impacted; (4) activities demonstrating the modification and customizing of community health care resources responding to identified community health problems; and (5) activities establishing a means to measure, evaluate and determine outcomes. Any organization interested in recommending a COPC Program project possessing the above characteristics should contact Public Health Region 2 and 3 for application materials on or after January 16, 1996. Final proposals must be mailed in time to be received no later than 5:00 p.m. on February 16, 1996. Awards decisions will be made by February 28, 1996, by a panel. Awards will be granted March 1, 1996, and funds must be used before August 31, 1996. Responses should be limited to no more than 14 pages. All proposals will be considered as prospective candidates for future COPC Program projects and funding. Public Health Region 2 and 3 reserves the right not to fund any proposal(s). Creative suggestions and innovative approaches to a health care delivery system that promotes accessible, comprehensive, coordinated, community driven health care system in a cost efficient manner are encouraged and welcomed. For additional information, please contact: Ann Hayward, Texas Department of Health, Public Health Region 2 and 3, 2561 Matlock Road, Arlington, Texas 76015, (817) 261-2911 before January 26, 1996. After January 26, 1996 contact Ann Hayward, Texas Department of Health, 1351 East Bardin Road, Arlington, Texas 76018, (817) 264-4460. Issued in Austin, Texas, on January 8, 1996. TRD-9600221 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 8, 1996 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 January 5, 1996. TRD-9600225 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 10, 1996 Presentation of Proposed Rules Concerning Licensing of End-Stage Renal Disease Facilities at the Texas Medical Review Board Meeting On January 18, 1996, the Texas Department of Health will present draft rules concerning the licensing of end stage renal disease facilities to the End Stage Renal Disease Network of Texas Medical Review Board (MRB) for review. The meeting of the MRB to discuss the draft licensing rules will be held at the Embassy Suites Market Center, 2727 North Stemmons Freeway in Dallas, Texas, from 10:00 a.m. to 3:30 p.m. Issued in Austin, Texas, on January 10, 1996. TRD-9600275 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 10, 1996 Proposal Award Purpose. The Texas Department of Health (department), Bureau of Managed Care, announces the awarding of the contract to design, conduct and compile results of a research study of the quality of care in the HMO that is contracting with the department to serve AFDC and AFDC-related Medicaid recipients in Travis County to Texas Medical Foundation, 901 Mopac Expressway South, Suite 200, Austin, Texas 78746-5799. Term. The contract period began January 2, 1996 and will end August 31, 1996. Reports must be submitted on April 1, 1996, June 1, 1996 and August 31, 1996. Issued in Austin, Texas, on January 8, 1996. TRD-9600220 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Filed: January 8, 1996 Texas Historical Commission Public Notice The Texas Historical Commission is accepting sealed bids for The Elrose Apartments-Hydraulic Elevator Installation, located at 108 West 16th Street, Austin, Texas 78701. Bids will be received at the office of Betty Bedford, 1511 Colorado, Austin, Texas 78701, on February 13, 1996, until 2:00 p.m., Central Daylight Time. Any Bid received after the above closing time will be returned unopened. Bids will be received at the office of Betty Bedford, in The Carrington-Covert House located at 1511 Colorado Street, Austin, Texas 78701, and then publicly opened and read aloud in the garden area behind the Carrington-Covert House. Bid Documents will be available for public inspection at the Texas Historical Commission, Division of Architecture beginning January 10, 1996. The Division of Architecture is located on the second floor of the Elrose Apartments. Questions pertaining to this project should be addressed to Hugo Gardea, Staff Architect, at (512) 463-6094. Copies of complete Bid Documents may be obtained upon deposit of $100 per set. Checks should be made out to the "Texas Historical Commission". Deposits will be refunded upon return of all documents in good condition within ten days after the bid opening. A Bid Bond in the amount of 5.0% of the total base bid amount is required. Performance and Payment Bonds will be required in the amount of 100% of the awarded contract amount. Payments will be made for completed work by check in progressive payments with the State retaining 10% of each payment until final acceptance of the project. Prime General Contractors are required to submit Contractors Qualification Information to the Texas Historical Commission, Division of Architecture either prior to or attached to their bid. This information will be used to document a General Contractor's qualification requirements to receive a contract award for the project. Historically Underutilized Businesses are encouraged to submit a Bid Proposal. A Pre-Bid Conference will be conducted on February 6, 1996, at The Elrose Apartments, 108 West 16th Street, Austin, Texas 78701 at 3:00 p.m. All potential bidders are strongly encouraged to attend. Issued in Austin, Texas, on January 5, 1996. TRD-9600269 Curtis Tunnell Executive Director Texas Historical Commission Filed: January 9, 1996 Texas Department of Insurance 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 incorporation in Texas of Heritage Health Systems of Texas, Inc., a domestic third party administrator. The home office is Nederland, Texas. 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 107- 5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on January 10, 1996. TRD-9600276 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: January 10, 1996 Texas Natural Resource Conservation Commission Consultant Proposal Request This consultant proposal request is filed under the provisions of the Government Code, Chapter 2254. The Texas Natural Resource Conservation Commission (TNRCC or Commission) is requesting offers for consultant services. The contractor shall analyze fecal coliform, bacteria, other related water quality parameters and flow data for technical reports. The detailed analyses will include the relations to other parameters and an examination of trends. The scope of work will also include the development of a technique to analyze water quality data into the STATISTICA program. The required services are the continuation of services currently provided by Martin J. Munroe of Austin, Texas. The Commission intends to award the contract to Martin J. Munroe unless a better offer is submitted. The contract period is expected to be from February 16, 1996 to August 31, 1996. The amount budgeted for the contract is not to exceed $10,000. Interested persons may obtain the complete request for proposal package or additional information by writing to Alicia Reinmund, Water Planning and Assessment Division, MC150, Texas Natural Resource Conservation Commission, P. O. Box 13087, Austin, Texas 78711-3087, or by calling (512) 239-4615. All correspondence (including offers) should be mailed to Alicia Reinmund at the same address, or delivered in a sealed envelope to TNRCC, Water Planning and Assessment Division, Room 2202, Second Floor, Building F, 12015 Park 35 Circle, Austin, Texas 78753. Any offers must be received on or before 5:00 p.m. CDT, February 15, 1996, in order to be considered. Issued in Austin, Texas, on January 10, 1996. TRD-9600286 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: January 10, 1996 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Clean Air Act (the Act), sec.382.096, Health and Safety Code, Chapter 382. The Act, sec.382.096, requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 14, 1996. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Clean Air Act. Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the Staff Attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5: 00 p.m. on February 14, 1996. Written comments may also be sent by facsimile machine to the Staff Attorney at (512) 239-3434. The TNRCC Staff Attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Carport Auto Sales; DOCKET NUMBER: 96-0154-AIR-E; ACCOUNT NUMBER: DB-4054-T; LOCATION: Seagoville, Dallas County, Texas; TYPE OF FACILITY: used car sales lot; RULE VIOLATED: the Act, sec.382.085(b) and TNRCC 30 TAC sec.114.1(c)(1) by offering for sale a 1981 Lincoln Continental Mark IV, VIN 1MRBP95F5BY619104, in the State of Texas, with required emission control systems or devices not in good operable condition. OPENALTY: $250; STAFF ATTORNEY: Peter Gregg, (512) 239-0450; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (2)COMPANY: Central Motor Company; DOCKET NUMBER: 96-0155-AIR-E; ACCOUNT NUMBER: HX-0619-S; LOCATION: Highlands, Harris County, Texas; TYPE OF FACILITY: motor vehicle sales business; RULE VIOLATED: the Act, sec.382.085(b) and TNRCC 30 TAC sec.114.1(c)(2) by offering for sale a 1981 Buick Park Avenue, VIN 1G4AW69Y8BH509771, in the State of Texas, with required emission control systems or devices not in good operable condition. OPENALTY: $250; STAFF ATTORNEY: Peter Gregg, (512) 239-0450; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027- 4417, (713) 625-7900. (3)COMPANY: Crazy Eddie's Used Cars; DOCKET NUMBER: 96-0156-AIR-E; ACCOUNT NUMBER: MQ-0293-D; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: TNRCC 30 TAC sec.114.1 and the Act, sec.382.085(b) by offering for sale motor vehicles with faulty or missing emission control systems or devices. OPENALTY: $2,000; STAFF ATTORNEY: Lisa Newcombe, (512) 239-2269; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4996, (806) 353-9251. (4)COMPANY: Primos Motors; DOCKET NUMBER: 96-0157-AIR-E; ACCOUNT NUMBER: DB- 4066-M; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: TNRCC 30 TAC sec.114.1(c)(1) and the Act, sec.382.085(b) by offering for sale a 1982 Chevrolet Sierra Classic 1500 Pickup Truck, VIN 1GTDC14H1CS524362, in the State of Texas, with required emission control systems or devices not in good operable condition. OPENALTY: $250; STAFF ATTORNEY: Peter Gregg, (512) 239-0450; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (5)COMPANY: The Trane Company; DOCKET NUMBER: 96-0158-AIR-E; ACCOUNT NUMBER: SK-0016-S; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: air conditioner manufacturing plant; RULE VIOLATED: TNRCC 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a). Specifically, the violations relate to the unauthorized construction and operation of ten spine fin machines between 1987 and 1995. OPENALTY: $5,325; STAFF ATTORNEY: Geoffrey Petrov, (512) 239- 0677; REGIONAL OFFICE: 1304 South Vine Avenue, Tyler, Texas 75701, (903) 595- 2639. Issued in Austin, Texas, on January 9, 1996. TRD-9600264 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: January 9, 1996 Public Utility Commission of Texas Notice of Intent to file Pursuant to Public Utility Commission Substantive Ruler 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 Northside Independent School District in San Antonio, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Northside Independent School District in San Antonio, Texas. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 15200. The Application. Southwestern Bell Telephone Company is requesting approval of an optional feature addition to the existing PLEXAR-Custom service for Northside Independent School District. The geographic service market for this specific service is the San Antonio, Texas. 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 January 9, 1996. TRD-9600229 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 9, 1996 Public Notice On January 5, 1996, GTE Southwest, Inc. (GTE) filed notice to file LRIC studies pursuant to Substantive Rule 23.91 for Switched Transport BNF, Switching Features-Class BNFs and Class Services in Project Numbers 12475 and 12481, Applications of Southwestern Bell Telephone Company and GTE Southwest, Inc. for Approval of LRIC Workplans Pursuant to Substantive Rule 23.91. GTE expects to file these studies on January 16, 1996. Persons who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Commission by March 1, 1996. A request to intervene, participate, or for further information should be mailed to the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757. Further information may also be obtained by calling the Public Utility Commission Public Information Office at (512) 458-0256. The telecommunications device for the deaf (TDD) is (512) 458-0221. Issued in Austin, Texas, on January 8, 1996. TRD-9600216 Paula Mueller Secretary of the Commission Public Utility of Commission of Texas Filed: January 8, 1996 Sam Houston State University Consultant Contract Award Sam Houston State University (SHSU), in accordance with provisions of the Texas Government Code, Chapter 2254, announces the awarding of a consultant contract to a consulting firm based in Washington, D.C. The solicitation for proposals was published in the October 31, 1995, issue of the Texas Register (20 TexReg 9081). The consultant will represent and assist the university in developing projects deemed important to the university, assist the university in obtaining funding for university projects, and provide consulting and representation as directed by Sam Houston State University. One proposal was received in response to this solicitation for proposals. The proposal was from Bobby Mills/The Advocacy Group, 1350 I Street, NW, Suite #680, Washington, D.C. 20005. The consultant awarded the contract was: Bobby Mills/The Advocacy Group, 1350 I Street, NW, Suite #680, Washington, D.C. 20005. The consultant contract began on January 1, 1996, and will end December 31, 1996, with the option to renew. The fee estimate is $40,800, excluding expenses. Reports and documents will be submitted as required. Issued in Huntsville, Texas, on December 28, 1995. TRD-9600210 Dr. B. K. Marks Interim President Sam Houston State University Filed: January 8, 1996 Statewide Health Coordinating Council (SHCC) Public Forum: Managed Care: What Does It Mean For Your Health? The Statewide Health Coordinating Council in preparation for The Texas State Health Plan 1997-1998 Update will hold a public forum to discuss "Managed Care: What does it mean for your health?" The forum is scheduled for 10:00 a.m.-1:00 p.m. on Thursday, February 29, 1996, at the Texas Department of Health, 1100 West 49th Street, Room M-739. The forum's theme will be managed care and how it affects your personal health, health care in your community, and public health in Texas. The Statewide Health Coordinating Council (SHCC) invites you to bring to the meeting your comments about any related health issues and suggestions for change. The SHCC is in the process of hosting 12 regional public forums across the state; the Austin forum will be the 13th and last of the series. These forums do not address funding issues directly; they are designed to encourage open discussion and determine remedies. Comments/concerns both specific to your community as well as general for the state are welcome. Written comments will be accepted through February 29, 1996. Send all correspondence to the Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, Attention: Sherry Wasilow, Bureau of Data and Policy Analysis. Spanish- and sign-language interpretation will be provided upon request. Individuals requiring these or other services should notify Ms. Wasilow at (512) 458-7261 at least ten working days prior to the forum in question. The SHCC is a 15-member body appointed by the governor; it is charged with developing the state's six-year health plan and providing biennial revisions and updates. The 1997-1998 update is the last update for this cycle. The SHCC is committed to improving the health of all Texans; it will incorporate comments and suggestions made at these forums into the State Health Plan which will, in turn, be used as a guide by state legislators and policy makers. Note: Parking will be available on the top level of the parking garage but a TDH parking permit will be required. Parking inquiries should be directed to Debra Cook at (512) 458-7261. Issued in Austin, Texas, on January 8, 1996. TRD-9600218 Susan K. Steeg General Counsel, Office of General Counsel Statewide Health Coordinating Council Filed: January 8, 1996 Texas Department of Transportation Public Notice In accordance with 43 TAC sec.sec.11.200-11.205, the Texas Department of Transportation issues this its third call for proposed projects of the department's Statewide Transportation Enhancement Program. Title 23, United States Code, sec.133(d)(2) and sec.160(e)(2), and sec.1015(d) (2) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) require that 10% of certain funds apportioned to a state pursuant to Title 23, United States Code, sec.104(b)(3) be used for transportation enhancement activities. The Texas Transportation Commission will use those funds in a statewide competitive program that enhances the intermodal transportation systems and facilities within the state for the enjoyment of the users of those systems. Transportation enhancement activities are defined in sec.101(a) of Title 23, United States Code as: (1) provision of facilities for pedestrians and bicycles; (2) acquisition of scenic easements and scenic or historic sites; (3) scenic or historic highway programs; (4) landscaping and other scenic beautification; (5) historic preservation; (6) rehabilitation and operation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals); (7) preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails); (8) control and removal of outdoor advertising; (9) archaeological planning and research; and (10) mitigation of water pollution due to highway runoff. To nominate a project, the eligible nominating entity must file its nomination, in the form prescribed by the department, with the district engineer of the district office responsible for the area in which the proposed enhancement project will be implemented. The address and telephone number of the district offices may be obtained by contacting the Design Division at (512) 416-3082. Nominations must be received by the department no later than 5:00 p. m., Wednesday, May 1, 1996. Information regarding the program and nomination forms are available from the department's district offices or by writing the Design Division, 125 East 11th Street, Austin, Texas 78701-2483. Issued in Austin, Texas, on January 9, 1996. TRD-9600252 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: January 9, 1996 Request for Proposals Notice of Invitation. The Texas Department of Transportation (TxDOT) intends to engage an engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.40, to provide the following services. The engineer selected must perform a minimum of 30% of the actual contract work to qualify for contract award. Request for Proposal #48-RFPP5001. Two contracts for on-system fracture critical bridge inspections (BRINSAP) in the Houston District. Deadline. A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by Fax at (512) 416-2403, hand-delivered to TxDOT, Design Division, 150 East Riverside, Austin, Texas or mailed to 125 East 11th Street, Austin, Texas 78701. Letters of interest will be received until 5:00 p.m. on Tuesday, January 23, 1996. The letter of interest must include the engineer's firm name, address, telephone number, name of engineer's contact person and number of TxDOT contract. Upon receipt of the letter of interest a Request for Proposal packet will be issued. (Note: Written requests, either by mail/hand delivery or fax, will be required to receive Request for Proposal packet.) TxDOT will not issue Request for Proposal packet without receipt of letter of interest. Proposal Submittal Deadline. Proposals for 48-RFPP5001 will be accepted until 5:00 p.m. on Tuesday, February 13, 1996 at the TxDOT, Design Division Office mentioned addresses. Agency Contact. Requests for additional information regarding this notice of invitation should be addressed to Joe Starkey, P.E. at (512) 416-2293 or Fax (512) 416-2403. Issued in Austin, Texas, on January 9, 1996. TRD-9600254 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: January 9, 1996 Notice of Invitation. The Texas Department of Transportation (TxDOT) intends to engage an engineer, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.40, to provide the following services. The engineer selected must perform a minimum of 30% of the actual contract work to qualify for contract award. Contract #20-545P5002. Plans, specifications, and estimates for various projects within the Beaumont District. Deadline. A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by Fax at (409) 898-5801, or hand-delivered to TxDOT, Beaumont District, 8350 Eastex Freeway, Beaumont, Texas 77708, or mailed to TxDOT, Beaumont District P.O. Box 3468, Beaumont, Texas 77704-3468. Letters of interest will be received until 5:00 p.m. on Wednesday, January 31, 1996. The letter of interest must include the engineer's firm name, address, telephone number, name of engineer's contact person and number of TxDOT contract. Upon receipt of the letter of interest a Request for Proposal packet will be issued. (Note: Written requests, either by mail/hand delivery or fax, will be required to receive Request for Proposal packet.) TxDOT will not issue Request for Proposal packet without receipt of letter of interest. Pre-proposal Meeting. A pre-proposal meeting will be held on Tuesday, February 20, 1996, at the TxDOT, 8350 Eastex Freeway, Beaumont, at 2:00 p.m. (TxDOT will not accept a proposal from an engineer who has failed for any reason to attend the mandatory pre-proposal meeting.) Persons with disabilities who plan to attend this meeting 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 Karen Davis at (409) 898-7311, extension 820, at least five work days prior to the meeting so that appropriate arrangements can be made. Proposal Submittal Deadline. Proposals for contract #20-545P5002 will be accepted until 5:00 p.m. on Friday, March 15, 1996, at the TxDOT District Office mentioned address. Agency Contact. Requests for additional information regarding this notice of invitation should be addressed to Karen Davis at (409) 898-7311, extension 820, or Fax (409) 898-5801. Issued in Austin, Texas, on January 9, 1996. TRD-9600253 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: January 9, 1996 The University of Texas System Consultant Proposal Request The University of Texas Branch at Galveston (UTMB) requests, pursuant to the provisions of the Government Code, Chapter 2254 the submission of proposals leading to the award of a contract to perform a Charge Description Master (CDM) Review. The result of this project for UTMB will be an accurate and complete Charge Master in preparation for a new outpatient prospective payment system known as Ambulatory Patient Groups or APG's. The awarded firm will be responsible for providing an accurate CDM that will enhance current and future outpatient billing and reimbursement operations for UTMB. Firms responding to the proposal must have the credentials and/or experience necessary to lead the process of a CDM review. They must also have similar project experience with other institutions similar to UTMB's size and diversity. In addition, Consultant must demonstrate direct understanding of operations of records management, outpatient billing and reimbursement operations of major institutions. UTMB reserves the right to accept or reject any or all proposals submitted. The Firm awarded a contract, if any, will be the Respondent whose proposal conforming to this request, is deemed to be the most advantageous for UTMB. Factors in awarding a contract will include, but not limited to, demonstrated competence, qualifications, experience, and plausibility of cost. Proposals must remain valid for acceptance and may not be withdrawn for a period of 180 days after the proposal closing date. An original and two copies of the full proposal must be submitted to UTMB prior to 3:00 p.m., Wednesday, February 7, 1996. Proposals received thereafter will not be considered and will be returned unopened. Proposals must be sent to the address indicated as follows. For further information or to obtain a complete proposal package (RFP Number 6- 09), contact Steven C. Mueller, Senior Procurement Officer, The University of Texas Medical Branch at Galveston, Administration Annex Building, Suite 3.202, Galveston, Texas 77555-0105, (409) 772-2262. Issued in Austin, Texas, on January 4, 1996. TRD-9600091 Arthur H. Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: January 4, 1996 Texas Workers' Compensation Commission Correction of Error The Texas Workers' Compensation Commission proposed new sec.160.3, concerning the subscribing employer's report of injury. The rule appeared in the November 21, 1995, issue of the Texas Register (20 TexReg 9672). In the comments portion of the preamble (20 TexReg 9672), the deadline for receiving comments or a request for public hearing was erroneously submitted as December 21, 1995 at 5:00 p.m., instead of December 18. The Texas Workers' Compensation Commission adopted amendments to sec.164.2 and sec.164.10, concerning notice to "Extra-Hazardous Employers", and removal from the list of approved professional sources. The rules appeared in the November 21, 1995, issue of the Texas Register (20 TexReg 9712). The text of the rule was erroneously printed, due to the fact that the rule was being adopted without changes to the proposed document. In the preamble, the second sentence in the second paragraph should read: "Texas Labor Code, sec.402.073 was added by House Bill 1089 and provides, among other things that hearings under the Administrative Procedure Act shall be held by the State Office of Administrative Hearings rather than commission staff." The Texas Workers' Compensation Commission adopted amendments to sec.120.2, concerning the employer's report of injury and sec.120.3, concerning the employer's supplemental report of injury. The rules appeared in the November 21, 1995, issue of the Texas Register (20 TexReg 9698). In subsection (h) on page 9702, there is an error as submitted. The "10, 000" should have a dollar sign ($) preceding it, not a section symbol sec..