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. Office of the Consumer Credit Commissioner Revised Interpretations The Office of Consumer Credit Commissioner issued interpretation Request Number 95-3 which appeared in the November 14, 1995, issue of the Texas Register (20 TexReg 9488). The wording of the documentary fee disclosure which was published was incorrect. The correct wording to be used as of January 1, 1996, is as follows: "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PERFORMING SERVICES RELATING TO THE CLOSING OF A SALE. A DOCUMENTARY FEE MAY NOT EXCEED $50. THIS NOTICE IS REQUIRED BY LAW." Issued in Austin, Texas on February 26, 1996. TRD-9602688 Leslie L. Pettijohn Commissioner 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). Issued in Austin, Texas, on February 27, 1996. TRD-9602780 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: February 28, 1996 Texas Education Agency Notice of Registration of Providers of School Board Member Continuing Education The Texas Education Agency (TEA) is registering providers of school board membership continuing education, pursuant to the Texas Education Code, sec.11.159, and 19 TAC sec.61.1. Individuals or organizations desiring to provide training for school board members of Texas public school districts must register with TEA. Registration is valid for three years. Each registered provider will receive a registration number. A provider must supply the provider's registration number to participants and to the school district as part of the verification of completion of training. The form for registering as a provider of school board member training is available through the Department of School/Community Support, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494. Additional information may be obtained from Madeleine Draeger Manigold, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9077. Issued in Austin, Texas, on February 28, 1996. TRD-9602777 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: February 28, 1996 Texas Department of Agriculture Request for Proposal-Financial Adivsor I. Purpose and Scope. A. The Texas Agricultural Finance Authority (the "Authority") is seeking to employ a Financial Advisor to assist the Authority in the design and expansion of financial assistance programs and issuance of the expanded general obligation authority under Texas Agriculture Code, Chapter 58, and the Texas Constitution, Article 3, sec.49(f) and sec.49(i). Texas Agriculture Code, sec.58.031, provides for the issuance by the Authority of General Obligation Bonds as authorized by the Texas Constitution for the establishment of the Texas Agricultural Fund (the "Fund") and the rural microenterprise fund. The Texas Constitution, Article 3, sec.49(f)(g) allows the proceeds of $200 million of the bonds authorized by that section to be used for the purposes provided by Article 3, sec.49(i) and for other rural economic development programs. Section 49(f)(g), also provides that the proceeds of the bonds issued for those purposes shall be deposited in the Fund, to be administered in the same manner, as those issued under Article 3, Section 49-i. This is an expansion of the $25 million bonding authority to $225 million. The constitutional amendment authorizing this expansion was approved by the voters of Texas on November 7, 1995 to become effective January 1, 1996 (the "Constitutional Amendment"). The expanded authority allows for programs that provide financial assistance to eligible agricultural businesses. The Texas Agriculture Code, sec.58.021(e) provides that the Authority may design and implement programs to further rural economic development in Texas. Because the expansion impacts the current agribusiness program and the potential development of new rural economic development programs, the Financial Advisor will be requested to evaluate the impact of all programs on the Fund. B. The Authority was created during the 70th and 71st regular sessions of the Texas Legislature for the purpose of financing innovative, diversified, or value-added production, processing, marketing, or exporting businesses of Texas. The Authority can provide financing through instruments including direct loans, loan guaranties, insurance or co-insurance. The 73rd regular session of the Texas Legislature transferred the Farm and Ranch Finance Program from the Veterans Land Board to the Authority with a mandate of creating a program that would provide farmers and ranchers an alternative avenue for financing the acquisition of farm or ranch real estate. Through this transfer the Authority was provided access to general obligation authority approved by the voters of Texas in 1985 to the Veterans Land Board in the amount of $500 million. The Authority has implemented such a farm and ranch program with the development and closing of a $100 million commercial paper program in May 1995. The Texas Bond Review Board approved this program in May 1995. The Veterans Land Board was removed from the authorization with the passage of the Constitutional Amendment in November 1995. The Authority has total control of all programs under its jurisdiction. The Authority intends to implement the expansion of the current agribusiness program as quickly as feasible. For planning purposes, the Authority proposes to issue financing obligations with the enhancement of the general obligation of the State of Texas by June 1996 and will consider those firms that can commit to a significant effort to meet this time schedule. Although the Authority did receive authority to issue up to $200 million in general obligations of the State of Texas, the Authority would expect the financial team of the Financial Advisor, Bond Counsel and staff of the Authority to present the best alternative for issuance size to the Authority. II. Proposal Contents. Responses should include the following: A. A thorough description of your firm's ability to represent the Authority as Financial Advisor including, but not limited to, the following: 1. A description of how the firm is organized and how its resources will be put to work for the Authority. 2. A description of your firm's past experience as Financial Advisor for small business finance. Please include the identity of the issues, the amount and type of bonds or notes, and the purpose for the issuance in your description for each of the past two years. 3. A description of your firm's past experience as Financial Advisor for other state agencies and political subdivisions. Please include the identity of the issues, the amount and the type of bonds or notes, and the purpose for the issuance in your description. 4. A description of any significant innovations you have developed and implemented in the public sector, briefly outlining the problem, your solution, and the results. 5. A description of your firm's Proforma Cash Flow analysis software, attach a brief example of a completed analysis of no more than three pages. 6. A specific designation of each of the individuals who would be assigned to the Authority. Please include brief resumes and the specific issues they have worked on in the past two years. 7. A statement addressing the effort made by your firm to encourage and develop the participation of women and minorities in the procurement of contracts for financial advisory services and the equal opportunity goals and policies of your firm. This description can include the degree of ownership in or control of your firm by minorities and women; the number and percentage of women and minority officers in your firm; and any offers tendered for apportioning responsibilities by sub-contract or joint venture. B. A discussion of your firm's ability to perform all the normal duties associated with advising the Authority on types of financing available for the agribusiness program and loan policy, as well as any other rural economic development program, including, but not limited to: 1. Assisting the Authority and the Authority's Bond Counsel in preparation of issuing documents. 2. Assisting the Authority in presentations to the major ratings agencies to obtain the best ratings possible for the bonds. 3. Advising the Authority of current and projected loan market conditions and the impact of those conditions on short and long term Authority investment and loan policies. 4. Advising the Authority of any real or anticipated changes in state and federal law which would impact future bond issues investment policy and loan policy. 5. Advising the Authority on loan program design and structure to ascertain that the criteria desired by the Authority meet and abide by state and federal laws and regulations. 6. Assisting the Authority in the development of credit criteria and the design and management of a loan application review process. 7. Assisting the Authority by producing the necessary proforma fund analysis as required for presentation to the Texas Bond Review Board, and assist the Authority in all presentations to such board. 8. Assisting in the preparation of all offering documents of the Authority relating to the Fund. 9. Assisting the Authority in the design and management of revolving loan funds including arbitrage management, refunding, rebating, debt service analysis and any other program analysis that might be necessary for continued program operation, including recommendations and training for appropriate computer software. 10. Assisting the Authority and Bond Counsel in preparation of such documents necessary to obtain approval from the Attorney General and the Bond Review Board. 11. Assisting the Authority in the preparation of any other documents as are customary and necessary in issuance of the financing operations of the loan program. C. A discussion of the amount of all fees, expenses, or other charges for performing the services described above, computed as follows, with the understanding that such fees, expenses, or other charges for performed services will only be paid when such financing structure is closed and issued: 1. A per hour rate charge, which shall also include the specific hourly rate for each individual assigned to perform services on behalf of the Authority, and the estimated amount of time for completion of each task. 2. A flat fee computed to include all fees, charges and expenses. This flat fee shall include an express agreement that it shall in no event exceed that amount. 3. A fee schedule which includes a combination of the two aforesaid methods, i.e., an hourly rate combined with a maximum cap. III. Proposal Requirements. The submitted proposal must be executed by a duly authorized representative of the firm. An unsigned proposal will not be accepted. The Authority has the sole discretion and reserves the right to reject any and all proposals received in response to this request, and to cancel the request if it is deemed in the best interest of the Authority to do so. Issuance of the proposal request in no way constitutes a commitment by the Authority to award a contract, to issue the bonds, or to pay for any services incurred either in the preparation of a response to this proposal request or for the production of any contract services. The Authority also reserves the right to make amendments to this request for proposal by giving written notice to all firms who receive the request. The Chairman of the Authority has requested that all communications by submitting firms with the Authority concerning this proposal request and the selection of a Financial Advisor be directed to Robert Kennedy, Deputy Assistant Commissioner for Finance and Agribusiness Development, acting as program manager on behalf of the Authority. Any contact by a submitting firm, its employees or representatives, with any Board member of the Authority for the purposes of soliciting or encouraging a favorable review may be considered grounds for disqualification. IV. Proposal Submission. All proposals must be received no later than 5:00 p.m. Monday, March 11, 1996. Proposal responses, modifications or addenda to an original response received by the Authority after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that the response reaches the Authority before the proposed due date. Firms should submit one original and fifteen copies of its proposals to Robert Kennedy, Deputy Assistant Commissioner for Finance and Agribusiness Development, Texas Agricultural Finance Authority, c/o Texas Department of Agriculture, P.O. Box 12847, 1700 North Congress, Room 1028, Stephen F. Austin Boulevard, Austin, Texas, 78701. Please mark the envelopes containing proposals with the following note in the lower left hand corner: "IN RESPONSE TO PROPOSAL REQUEST; FINANCIAL ADVISOR". All proposals become property of the Authority. Proposals must set forth full, accurate, and complete information as required by this request. Oral instructions or offers will not be considered. V. Proposal Modifications. Any proposal may be modified or withdrawn even after received by the Authority at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposal due date; however, non-substantive corrections or deletions may be made with the approval of the Authority. VI. Proposal Evaluation. The acceptance of a proposal will not be made solely on the basis of lowest cost, although cost will be considered in the evaluation process. Staff of the Texas Department of Agriculture, acting on behalf of the Authority will select a minimum of three but not more than five proposals that demonstrate the highest degree of competence and exhibit the necessary qualifications to provide professional services at a fair and reasonable price. The selected firms will be asked to present oral presentations at the next meeting of the Authority Board on March 22, 1996. Those firms not selected will be notified prior to that meeting. Issued in Austin, Texas, on February 28, 1996. TRD-9602778 Dolores Alavardo Hibbs Chief Administrative Law Judge Texas Agricultural Finance Autority Filed: February 28, 1996 Texas Department of Health Notice of Revocation of a Certificate of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 Texas Administrative Code sec.289.112), has revoked the following certificate of registration: Hernandez Chiropractic Clinic, Alamo, R18788, July 31, 1995. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday- Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on February 27, 1996. TRD-9602708 Susan K. Steeg General Counsel Texas Department of Health Filed: February 27, 1996 Texas Department of Housing and Community Affairs Notice of Funding Availability Housing Trust Fund The Texas Department of Housing and Community Affairs (TDHCA) through its Housing Trust Fund is pleased to announce that it will make available approximately $1,500,000 in loan funds to finance, acquire, rehabilitate, and develop safe, decent, and affordable housing for low and very low income persons and families, and individuals with special needs. The maximum award amount is $250,000. Funds will be made available, in the form of senior or subordinate loans, for multi-family housing. Mixed income projects are encouraged providing that a portion of the units are targeted towards families at or below 80% of area median income. Eligible applicants include local units of government, nonprofit organizations, public housing authorities, TDHCA, and community housing development organizations The Housing Trust Fund will seek to select a diverse group of projects that will serve various populations throughout the state. An applicant's high score is used to evaluate the project, and does not in and of itself guarantee that an award will follow. Applicants will compete with each other for funding based on their proposed activity. Proposals evidencing the leveraging of funds will be favored. Applications will then be selected based on program scoring criteria, the applicant's past history with the Department, impaction in the community, and geographic diversity. The Department's Board reserves the right to change the award amount, and to award less than the requested amount. Applications are due in our offices by 5 p.m. April 22, 1996. Faxed application submissions will not be accepted. All interested parties are encouraged to participate in this program. Applications will be available on March 5, 1996. For additional information or to request an application package please call the Housing Trust Fund Office at (512) 475-1458. Please direct your Final Applications to: Texas Department of Housing and Community Affairs Housing Trust Fund, Attention: Judith Rhedin, Post Office Box 13941, Austin, Texas 78711-3941. PHYSICAL ADDRESS: 507 Sabine, Suite 400, Austin, Texas 78701, Attention: Judith Rhedin, Housing Trust Fund. Issued in Austin, Texas on February 27, 1996. TRD-9602716 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: February 27, 1996 Texas Department of Human Services Public Notice The Texas Department of Human Services has published a report describingthe actual expenditures of Title XX Social Services Block Grant funds for Fiscal Year 1995. Free copies of the report are available to the public. Contact Person: To obtain a copy of this report, write Burton Raiford, Commissioner, Texas Department of Human Services, W-619, P.O. Box 149030, Austin, Texas 78714- 9030 Issued in Austin, Texas on February 27, 1996 TRD-9602750 Glen Scott General Counsel Texas Department of Human Services Filed: February 27, 1996 Texas Department of Insurance Notice On February 16, 1996, in Order Number 96-0168, the Commissioner of Insurance adopted amendments to the Texas Automobile Insurance Plan of Association, Plan of Operation. Notice of the possible adoption was published in the January 26, 1996, issue of the Texas Register (21 TexReg 703). For copies of Commissioner's order number 96-0168 and the Texas Automobile Insurance Association Plan of Operation, contact Sylvia Gutierrez at (512) 463- 6327 (refer to file number A-1095-36). Issued in Austin, Texas, on February 28, 1996. TRD-9602781 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: February 28, 1996 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 United Physicians Affiliates, L.P., (doing business under the assumed name of UMC Management), a domestic third party administrator. The home office is Houston, Texas. Application for admission to Texas of Preferred Chiropractic Care, Inc., a foreign third party administrator. The home office is Wichita, Kansas. Application for admission to Texas of Group Executive Insurance Marketing, Inc. a foreign third party administrator. The home office is Phoenix, Arizona. Application for incorporation in Texas of Austin Diagnostic Clinic Association, a domestic third party administrator. The home office is Austin, 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 February 28, 1996. TRD-9602782 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: February 28, 1996 Notices of Public Hearing The Commissioner of Insurance at a hearing scheduled under Docket Number 2209 on April 18, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider approval of a filing made by the staff of the Workers' Compensation Group of the Texas Department of Insurance pertaining to an amendment to Section I A of the Texas Experience Rating Plan of the Texas Basic Manual of Rules, Classifications and Experience Rating Plan of Workers' Compensation and Employers' Liability Insurance. The purpose of this amendment is to require insurance companies to furnish, free of charge, one copy of the workers' compensation experience modifier calculation to the producer of record within ten working days of the modifier being calculated or received by the insurance company. The producer of record may also obtain a copy of the modifier calculation directly from the insured. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Article 5.60 (b) and 5.96. A copy of the petition containing the full text of the proposed changes to Section I A of the Texas Experience Rating Plan of the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance is available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street Austin, Texas 78714-9104. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327 (Refer to Reference Number W- 0296-05-I ). This notification is made pursuant to the Texas Insurance code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2110 (Administrative Procedure Act). Issued in Austin, Texas, on February 28, 1996. TRD-9602783 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: February 28, 1996 Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk- assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier: Foundation Health National Life Insurance Company The application is subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe Street, Hobby Tower 3, 3rd Floor, Austin, Texas. If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Alicia M. Fechtel, Chief Clerk, Mail Code 113- 1C, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. 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 approve the application to be a risk-assuming carrier. Issued in Austin, Texas, on February 28, 1996. TRD-9602786 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: February 28, 1996 The Commissioner of Insurance, at a public hearing under Docket Number 2211 scheduled for April 18, 1996 at 9:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition proposes amendment to the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1992 through 1996 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Reference Number A-0296-03-I) was filed on February 6, 1996. The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the various model years of the listed vehicles. The exhibit attached to staff's petition omits symbols used by Insurance Services Office (ISO) for multi-purpose and utility type vehicles for 1994 and prior year models, which will continue to be rated according to the traditional method set forth in the Manual, page 2 of the Symbol and Identification Section. For 1995 and later year models, excluding customized vehicles, the symbol for each multi-purpose and utility type vehicle must be used in the same manner as the symbol for a private passenger auto, as required by Commissioner's Order Number 95-0607, effective September 1, 1995. The operative provisions of that order have been printed in the Manual. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 322-6326; refer to (Reference Number A-0296-03-I). Written comments should be directed to Office of the Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P.O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on February 28, 1996. TRD-9602784 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: February 28, 1996 The Commissioner of Insurance will hold a public hearing on April 18, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, under Docket Number 2200 to consider the adoption of proposed amendments to 28 TAC sec.sec.7.201-7.205, and sec.7.209 concerning administrative regulation under the Insurance Holding Company System Regulatory Act. The proposed amendments and the statutory authority for the proposed amendments to 28 TAC sec.sec.7.201-7.205 and sec.7.209 were published in the November 3, 1995 issued of the Texas Register 20 TexReg 9133). Issued in Austin, Texas, on February 28, 1996. TRD-9602785 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: February 28, 1996 The Commissioner of Insurance will hold a public hearing under Docket Number 2210 on March 14, 1996, at 10:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition to designate the City of Morgan's Point as a catastrophe area eligible for windstorm and hail insurance coverage through the Texas Catastrophe Property Insurance Association (TCPIA). On November 8, 1995, the City Council of the City of Morgan's Point passed, by majority vote, Resolution 96-03 petitioning the Commissioner of Insurance to include the City of Morgan's Point in the catastrophe area served by the TCPIA. Pursuant to the resolution, the City Council "finds, determines and declares that residents of the City of Morgan's Point who all live east of State Highway 146 have had difficulty obtaining or found it impossible to obtain windstorm coverage through their regular insurance agents, and have had to obtain such coverage in the secondary market at a much higher rate." The petition to the Commissioner was filed by the City Council of the City of Morgan's Point on December 11, 1995. With a population of just over 350, the entire city is located east of State Highway 146. According to the petition, because the City of La Porte, which shares a common city limits line with Morgan's Point, has been designated as a catastrophe area, there are serious concerns that unless Morgan's Point is also so designated, the residents of Morgan's Point will be unable to purchase windstorm coverage. Pursuant to Commissioner's Order Number 95-1200 (November 14, 1995), effective March 1, 1996, the area located east of the boundary line of State Highway 146 and inside the city limits of the City of La Porte (Harris County) is designated as a catastrophe area eligible for windstorm and hail insurance coverage through the TCPIA. The petition states that the Morgan's Point City Council fears that the city's small size and adjacency to La Porte will force the voluntary market to cease coverage in Morgan's Point. The Commissioner is authorized pursuant to the Insurance Code, Article 21.49, sec.3(h) to designate a city or a part of a city or a county or a part of a county as a catastrophe area to be served by the TCPIA upon determination, after notice of not less than ten days and hearing, that windstorm and hail insurance is not reasonably available to a substantial number of owners of insurable property within that city or a part of that city or county or a part of that county that is subject to unusually frequent and severe damage resulting from windstorms and/or hailstorms. The TCPIA was created by the Texas legislature in 1971 and is composed of all property insurers authorized to transact property insurance in Texas. The purpose of the TCPIA is to provide windstorm and hail insurance coverage to residents in designated catastrophe areas who are unable to obtain such coverage in the voluntary market. Since its inception, the TCPIA has provided this coverage to residents of 14 coastal counties, including Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio and Willacy. Pursuant to Commissioner's Order Number 95-1200 (November 14, 1995), effective March 1, 1996, the TCPIA will provide coverage to residents in two additional coastal areas-the area located east of the boundary line of State Highway 146 and inside the city limits of the City of Seabrook (Harris County) and the area located east of the boundary line of State Highway 146 and inside the city limits of the City of La Porte (Harris County). All interested parties are invited to attend the hearing and testify for or against the petition. Anyone wishing to present testimony on this matter is requested to complete a witness card which will be available at the hearing site prior to the hearing. Issued in Austin, Texas, on February 28, 1996. TRD-9602787 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: February 28, 1996 Texas Natural Resource Conservation Commission Notice of Amendment of Consulting Services Contract The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of an amendment of a consulting services contract which was awarded for information describing historical and recent estuarine circulation patterns, and alterations in those patterns due to human activity and natural environmental phenomena in the Corpus Christi Bay National Estuary Program (CCBNEP) study area. The notice for request for proposals was published in the June 17, 1994, issue of the Texas Register. Description of Services. The contractor will compile and synthesize information describing historical and recent estuarine circulation patterns, and alterations in those patterns due to human activity and natural environmental phenomena. The following major products will be produced: Quarterly Reports; Final Report, December 31, 1996. Effective Date and Value of Contract. This amendment is a no cost extension of the contract from the original termination date of February 28, 1996. The contract will be effective from December 15, 1994, until December 31, 1996. The total cost of the contract is $50,466. Name of the Contractor. The contract has been awarded to the Center for Research in Water Resources, The University of Texas at Austin, PRC 119, Austin, Texas 78712. Persons who have questions concerning this award may contact Richard Volk, Corpus Christi Bay National Estuary Program, TAMU-CC, Campus Box 290, 6300 Ocean Drive, Corpus Christi, Texas 78412, (512) 985-6767. Issued in Austin, Texas, on February 28, 1996. 9602772 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 28, 1996 Public Hearing Notice Notice is hereby given that pursuant to the requirements of the Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning proposed requirements Chapters 295, 297, and 331 (Water Rights, Procedural; Water Rights, Substantive; and Underground Injection Control). The commission proposes new sec.295.21 and sec.295.22; amendments to sec.sec.297.1, 297.13, and 297.19, and new sec.297.30; and amendments to sec.331.2 and sec.331.11, and new sec.sec.331.181-331.186. The proposed rules will implement recent legislation in House Bill 1989 (Regular Session, 74th Legislature, 1995) which directs the TNRCC to investigate the feasibility of storing appropriated surface water in various aquifers around the state by encouraging the issuance of permits for aquifer storage and retrieval projects, which would store appropriated surface water in specific aquifers for subsequent retrieval and beneficial use. Also, the proposed rules will implement recent legislation in House Bill 475 (1995) and Senate Bill (1995 that provide water right permitting exemption for irrigation of certain historic cemeteries and for surface coal mining sedimentation control structures, respectively. A public hearing on the proposal will be held March 22, 1996, at 10:00 a.m. in Room 2210 of TNRCC Building F located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in the order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments may be mailed to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; fax to (512) 239-5687; or e-mailed to LOSHOKO@smtpgate.tnrcc.state.tx.us. All should reference Rule Log Number 95160- 295-WT. Comments must be received by 5:00 p.m., April 1, 1996. For further information, please contact James Kowis at (512) 239-4900. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-1459. Requests should be made as far in advance as possible. Issued in Austin, Texas, on February 28, 1996. TRD-9602771 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 28, 1996 Public Notice The Executive Director of the Texas Natural Resource Conservation Commission has issued a public notice of the selection of a proposed remedial action for a State Superfund Site which may constitute an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. A copy of the notice appeared in Nueces County Record-Star on Thursday, March 7, 1996. In accordance with 30 Texas Administrative Code (TAC) sec.335.349 (a), concerning requirements for the remedial action and the Texas Health and Safety Code, Chapter 361.187 concerning the proposed remedial action, a public meeting regarding the proposed remedy for the South Texas Solvents Site must be held at least 45 days after publishing a notice in the Texas Register and a local newspaper. The public meeting is scheduled at the Banquete Senior Center, Highway 44 at 4th Street, Banquete, Texas on Tuesday, May 7, 1996, at 7:00 p.m. The site for which a proposed remedy has been selected is the South Texas Solvents site that was originally placed on the State Superfund list on January 16, 1987 (13 TexReg 427). South Texas Solvents is an abandoned site (since 1984) located four miles south of Banquete, Nueces County, Texas at FM 666 and County Road 22. The company was a solvent recovery operation in the early 1980's and reclaimed various solvents (chlorinated and non-chlorinated) by means of filtration and/or distillation. Previously, the site was a gasoline blending plant, which operated from 1939 through 1968. The public meeting will be legislative in nature and not a contested case hearing under the Texas Government Code, sec.2001.002. Persons desiring to make oral comments on the proposed remedial action may do so prior to or at the public meeting. All written comments concerning the proposed remedial action must be submitted at least ten days prior to the public meeting to Mr. Michael Bame, C.P.G., Project Manager, Superfund Investigation Section, MC-143, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. The Executive Director of the TNRCC has prepared a brief summary of the Commission's public records regarding this site. This summary as well as a portion of the public records for the site are available for inspection and copying during business hours at the Nueces County Library, 710 East Main, Robstown, Texas, 78380. (512) 767-5228. Copies of the complete public record file may be obtained during business hours of the TNRCC by contacting Ms. Beth Behrend, Central Records Center, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087, (512) 239-2920. Copying of the file information is subject to payment of a fee. For further information, please call (800) 633-9363. Issued in Austin, Texas, on February 28, 1996. TRD-9602792 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: February 28, 1996 Texas Parks and Wildlife Department Notice of Public Hearing-Gulf States Marine Fisheries Commission The Gulf States Marine Fisheries Commission will hold its 46th Annual Spring Meeting March 18-22, 1996. Texas is the host state and arrangements have been made to convene at the Holiday Inn Fort Brown, 1900 East Elizabeth Street, Brownsville, Texas. (210) 546-0756. All persons interested in the Gulf States Marine Fisheries Commission are invited to attend. For additional information please call Virginia K. Herring (601) 875-5912. Issued in Austin, Texas, on February 26, 1996. TRD-9602683 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Filed: February 26, 1996 Texas Department of Protective and Regulatory Services Announcement of Intention to Procure Personal Assistance Services The Texas Department of Protective and Regulatory Services (PRS), Adult Protective Services (APS), Region 06 (Harris County and surrounding area), announces its intention of selecting vendors to provide Personal Assistance to APS clients through the APS Emergency Client Services (ECS) program. Service Description: Licensed home and community support service agencies will employee attendants to provide nonskilled, nontechnical services in a client's home. Tasks performed for the client include: personal care, housekeeping, meal preparation, escort, and supervision. An elderly or disabled adult must be receiving adult protective services from PRS in accordance with sec.;48.002(5) and 48.021(a) of the Human Resources Code, and have a service plan developed by the department under these sections which indicates that emergency client services are needed to remedy abuse, neglect, or exploitation. Background: APS investigates reports of abuse, neglect and exploitation of the elderly and adults with disabilities who are 18 to 64 years of age. In some cases, ECS funds are utilized to purchase Personal Assistance Services for clients to remedy abuse or neglect. The APS unit rate paid will be $7.34 per hour. If the client is identified as high risk, the unit rate is $9.55 per hour. PRS, Region 06 expenditures for procuring Personal Assistance Services will be approximately $220,000. Funding will be dependent upon available appropriations. The effective dates of any contract awarded will be May 1, 1996 through August 31, 1997. Personal Assistance Services will be provided in the following counties: Harris, Walker, Montgomery, Liberty, Chambers, Galveston, Brazoria, Matagorda, Wharton, Fort Bend, Colorado, Austin, and Waller. A contractor may serve one or more of these counties. Eligible Applicants: Home and Community Support Service Agencies licensed by the Texas Department of Health. Historically underutilized businesses, public or private profit, or nonprofit agencies with demonstrated knowledge, competence, and qualifications in performing these services are encouraged to apply. Process: Vendors will be selected through a competitive multiple awards process. The names of the agencies that receive a contract with PRS will be placed in a directory of contract agencies. The number of referrals will depend upon how often Personal Assistance Services are authorized for clients living in the counties served, client selection of agency and availability of funding. Vendors must demonstrate compliance with minimum enrollment requirements. Vendors must ensure that staff providing direct services must have appropriate training and experience with frail elderly and adults with disabilities who are 18 to 64 years of age. References must be provided as specified in the enrollment packet. Contact Person: Enrollment packets may be obtained by contacting Ms. Dolores Dawkins, APS Operations Support Director, Mail Code 174-1, Texas Department of Protective and Regulatory Services, P.O.Box 16017, Houston, Texas 77222-6017, 713/767-2703 by March 15, 1996 Issued in Austin, Texas on February 27, 1996. TRD-9602715 Deborah L. Churchill Supervising Attorney Texas Department of Protective and Regulatory Services Filed: February 27, 1996 Public Utility Commission of Texas Correction of Public Hearing Date The Public Utility Commission of Texas proposed an amendment to sec.23.57, relating to Telecommunications Privacy as noticed in the February 27, 1996 issue of the Texas Register (21 TexReg 1435). The amendment is necessary to comply with the provisions of the Public Utility Regulatory Act of 1995, sec.3.501, relating to Customer Proprietary Network Information. The public hearing on this rulemaking which was originally scheduled for February 21, 1996 at 10:00 a.m. has been rescheduled for March 5, 1996 at 10:00 a.m. The public hearing, conducted by the commission staff under Texas Government Code, sec.2001.029, will be held at the commission offices. Issued in Austin, Texas, on February 27, 1996. TRD-9602739 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: February 27, 1996 Notice of Work Session The Public Utility Commission of Texas will hold a work session on proposed substantive rule sec.23.97 regarding interconnection in Project Number 14440 on Thursday, March 14, 1996, at 10:00 a.m. in the CommissionerÆs Hearing Room. The Commissioners will be present at the work session. A draft of Staff's recommendation for adoption on sec.23.97 will be filed on March 7, 1996. The draft will be the basis of discussion of issues at the work session. Parties who plan to comment on the draft recommendation should be prepared to: identify and briefly summarize the specific provision of the draft rule that they wish to address; substantiate their comments about the rule with reasons; recommend alternative rule language if they disagree with specific provisions of the rule; and discuss the impact of the federal legislation (Telecommunications Act of 1996) on the draft rule and recommend alternative rule language where necessary. Parties interested in participating in the work session should register with Meena Thomas at (512) 458-0211 by March 12, 1996. Issued in Austin, Texas, on February 27, 1996. TRD-9602720 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: February 27, 1996 Texas Council on Purchasing from People with Disabilities Mission Statement-Objectives THE PERFORMANCE SUBCOMMITTEE OF THE TEXAS COUNCIL FOR PURCHASING FROM PEOPLE WITH DISABILITIES (THE "COUNCIL") PUBLISHES THE PRELIMINARY DRAFT OF A MISSION STATEMENT AND OBJECTIVES FOR THE COUNCIL AS FOLLOWS: MISSION STATEMENT The Council's mission is to provide leadership and direction for programs and to set policies which will enable persons with disabilities to achieve maximum personal independence through employment OBJECTIVES The Council's objectives are to optimize employment, self esteem and the quality of life for people with disabilities; Contract with central nonprofit agency(s) which will identify, recruit and assist community rehabilitation programs to develop and market products and services which provide employment for people with disabilities; Review and approve state use program products and services, from eligible community rehabilitation programs, for sale to state agencies, departments, institutions and political subdivisions; Assist state agencies, departments, institutions and political subdivisions in conforming with the requirements of nondiscrimination and affirmative action in employment matters related to people with disabilities. Written comments regarding the Mission Statement and Objectives may be submitted to Rose-Michel Munguia, Legal Counsel, General Services Commission. Oral comments will be received at the March 8, 1996, Texas Council on Purchasing from People with Disabilities open meeting. Issued in Austin, Texas on February 26, 1996. TRD-9602685 Rose-Michel Munguia Legal Counsel Texas Council on Purchasing from People with Disabilities Filed: February 26, 1996 Texas Workforce Commission Notice of Hearing The Texas Workforce Commission will hold a public hearing on March 12, 1996, at 1:00 p.m. at hearing room 109 in the John H. Reagan Building, 15th and Congress Avenue, Austin, Texas. The public hearing is to receive comments from interested parties concerning new Commission rule sec.803.1 proposed under the Labor Code, Texas Civil Statutes, sec.303.001ff, as amended by Chapter 655, Acts of the 74th Legislature, 1995, which establishes the skills development fund; sec.302.002 which authorizes the Executive Director to obligate funds from the skills development fund in a manner consistent with rules adopted by the Commission for that program; and sec.301.061 which directs the Commission to adopt rules as necessary for the administration of Title 4 of the Labor Code. Any interested person may appear and offer comments or statements, either orally or in writing. While any person with pertinent comments or statements will be granted an opportunity to present them during the course of the hearing, the Commission reserves the right to restrict statements in terms of time or repetitive content. If you are unable to attend the hearing but wish to comment on the proposed rules, written comments will be accepted if mailed to Leslie Geballe, Intergovernmental Relations, Texas Workforce Commission Building, 101 East 15th Street, Room 662, Austin, Texas 78778. A copy of the proposed rules may be requested by calling Leslie Geballe at (512) 463-2213. Organizations, associations, or groups are encouraged to present their commonly held views or similar comments through a representative member where possible. Persons with disabilities who have special needs and who plan to attend the meeting should contact Ms. Geballe at (512) 463-2213. Issued in Austin, Texas, on February 26, 1996. 9602695 J. Ferris Duhon Legal Counsel Texas Workforce Commission Filed: February 26, 1996