THE GOVERNOR As required by Texas Civil Statutes, Article 6252-13a, sec.6, the Texas Register publishes executive orders issued by the Governor of Texas. Appointments and proclamations are also published. Appointments are published in chronological order. Additional information on documents submitted for publication by the Governor's Office can be obtained by calling (512) 463-1828. Appointments Made February 29, 1996 To be a member of the Trinity River Authority of Texas Board of Directors for a term to expire March 15, 1999: Walter C. White, Route 4, Box 234-10, Trinity, Texas 75862. Mr. White will be filling the unexpired term of Troy E. Nash of Groveton who is deceased. To be a member of the Texas Insurance Purchasing Alliance Board of Trustees for a term to expire February 1, 2001: Mary A. Flores, 3025 Yorkshire Court, Flower Mound, Texas 75028. Mrs. Flores will be replacing Patrice Ellis- Kirk of Dallas whose term expired. To be a member of the Judicial Districts Board for a term to expire December 21, 1998: Alberto R. Gonzales, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Mr. Gonzales will be replacing David A. Talbot, Jr. of Austin whose term expired. To be a member of the On-Site Wastewater Treatment Research Council for a term to expire September 1, 1996: Danny Ray Moss, 1300 Boaz Lane, Haslet, Texas 76052. Mr. Moss will be filling the unexpired term of James Brookes of Amarillo who resigned. To be a member of the On-Site Wastewater Treatment Research Council for a term to expire September 1, 1997: Franz K. Hiebert, Ph.D., 802 Park Boulevard, Austin, Texas 78751. Dr. Hiebert will be replacing Dr. B. L. Harris of College Station whose term expired. To be a member of the On-Site Wastewater Treatment Research Council for a term to expire September 1, 1997: Lois Jordan Koock, P.O. Box 1083, Mason, Texas 76856. Mrs. Koock will be replacing Margarita Sanchez of El Paso whose term expired. To be a member of the On-Site Wastewater Treatment Research Council for a term to expire September 1, 1997: Brenda A. Bradley, 17235 Ash Butte Drive, Houston, Texas 77090. Ms. Bradley will be replacing Jose M. Gil of Austin whose term expired. To be a member of the On-Site Wastewater Treatment Research Council for a term to expire September 1, 1997: Thomas E. Dreiss, 1611 Doe Crest, San Antonio, Texas 78248. Mr. Dreiss will be replacing Hector Guerra, Sr. of Pharr whose term expired. To be a member of the On-Site Wastewater Treatment Research Council for a term to expire September 1, 1997: Michael Thomas Fahy, 12502 McLoughlin Point, Austin, Texas 78726. Mr. Fahy will be replacing Ann McGinley of Austin whose term expired. To be a member of the Battleship Texas Advisory Board for a term to expire February 1, 1997: Quinton Rogers, 1005 West Pinecrest Drive, Marshall, Texas 75670. Mr. Rogers will be replacing David A. Jones of Houston whose term expired. To be a member of the Battleship Texas Advisory Board for a term to expire February 1, 2001: Charles A. Alcorn, 623 Rancho Bauer, Houston, Texas 77079. Mr. Alcorn is being reappointed. To be a member of the Battleship Texas Advisory Board for a term to expire February 1, 1997: Carter Casteel, 285 Rio Drive, New Braunfels, Texas 78130. Mrs. Casteel will be filling the unexpired term of Pauline M. Delaney of Houston who resigned. To be a member of the Battleship Texas Advisory Board for a term to expire February 1, 2001: Thomas J. Perich, 1905 Country Club Drive, Sugarland, Texas 77478. Mr. Perich will be replacing Richard (Burt) Ballanfant of Houston whose term expired. To be a member of the Battleship Texas Advisory Board for a term to expire February 1, 2001: Carol G. Calvert, 2539 FM 55, Waxahachie, Texas 75165. Mrs. Calvert will be replacing George W. Strake, III of Houston whose term expired. To be a member of the Texas Energy Coordination Council for a term to expire December 31, 1996: Mary Hartman, 10203 Vernlyn Drive, San Antonio, Texas 77230. Ms. Hartman will be replacing Richard L. Gilbert of Livingston whose term expired. To be a member of the Texas Energy Coordination Council for a term to expire December 31, 1996: The Honorable James R. Matz, 3105 Clifford, Harlingen, Texas 78550. Commissioner Matz will be replacing Betty Bauer Brink of Fort Worth whose term expired. To be a member of the Texas Energy Coordination Council for a term to expire December 31, 1996: Michael J. Osborne, 909 Twenty Third Street, Austin, Texas 78705. Mr. Osborne will be replacing Robert L. Walters of Dallas/Fort Worth Airport, Texas, whose term expired. To be a member of the Texas Energy Coordination Council for a term to expire December 31, 1997: Kathleen Francis Best Bailey, 226 S. Timbercreek Drive, Amarillo, Texas 79118. Mrs. Bailey will be replacing Thomas R. Standish of Houston whose term expired. To be a member of the Texas Energy Coordination Council for a term to expire December 31, 1997: Donald W. Niemiec, 4006 Woodcastle Court, Arlington, Texas 76016. Mr. Niemiec will be replacing Kathleen E. Magruder of Dallas who resigned. To be a member of the Texas Energy Coordination Council for a term to expire December 31, 1997: Michael A. Roberts, Jr., 401 Westmoreland, Houston, Texas 77006. Mr. Roberts is being reappointed. To be a member of the Texas Energy Coordination Council for a term to expire December 31, 1997: Robert L. Wright, 105 Hollywood Boulevard, Victoria, Texas 77904. Mr. Wright is being appointed to a new position pursuant to House Bill Number 1968, 74th Legislature. Appointments Made March 8, 1996 To be a member of the Texas Water Development Board for a term to expire December 31, 2001: Noe Fernandez, 101 West Westway, McAllen, Texas 78501. Mr. Fernandez is being reappointed. To be a member of the Texas Water Development Board for a term to expire December 31, 2001: William B. Madden, 4520 Belfort Avenue, Dallas, a Texas 75205. Mr. Madden is being reappointed. Issued in Austin, Texas on March 13, 1996. TRD-9603558 George W. Bush Governor of Texas Executive Orders GWB 95-14 Dissolving the Conservatorship of The Texas Commission on Alcohol and Drug Abuse WHEREAS, on April 12, 1995, in Austin, Texas, the Senate General Investigating Committee and the House General Investigating Committee met in joint session pursuant to Section 301.019, Texas Government Code, to consider the preliminary investigation of the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, the Senate General Investigating Committee and the House General Investigating Committee voted to recommend to the Legislative Audit Committee that the Texas Commission on Alcohol and Drug Abuse be placed under conservatorship pursuant to Subchapter C, Chapter 2104, Texas Government Code; and WHEREAS, those proceedings, findings and recommendations were adopted by the Joint General Investigating Committee of the 74th Legislature of the State of Texas and forwarded for consideration to the Legislative Audit Committee and the Governor of the State of Texas; and WHEREAS, on April 18, 1995, the Legislative Audit Committee found that a condition of gross fiscal mismanagement exists at the Texas Commission on Alcohol and Drug Abuse and that sufficient evidence exists to warrant placing the agency under state conservatorship; and WHEREAS, on April 26, 1995, pursuant to the above and by authority of the Constitution and laws of the State of Texas, I, George W. Bush, Governor of Texas, ordered the State Conservatorship Board to act as conservator of the Texas Commission on Alcohol and Drug Abuse; and WHEREAS, on February 26, 1996, the State Conservatorship Board, in open meeting, declared and forwarded such declaration to me that the condition of gross fiscal mismanagement in the Texas Commission on Alcohol and Drug Abuse no longer exists. NOW, THEREFORE, I, George W. Bush, Governor of Texas, by authority of the Constitution and laws of the State of Texas, do hereby DECLARE that the condition of fiscal mismanagement within the Texas Commission on Alcohol and Drug Abuse no longer exists and I do hereby ORDER the conservatorship of the Texas Commission on Alcohol and Drug Abuse dissolved effective as of February 27, 1996; AND I DO FURTHER ORDER that, not later than November 1, 1996, the transitional board members of the Texas Commission on Alcohol and Drug Abuse, newly constituted pursuant to Article 26 of Chapter 876 of the 74th Legislature, Regular Session, and the State Conservatorship Board file joint recommendations with the presiding officer of each house of the legislature for consideration by the 75th Legislature relating to the governance of the commission. Issued in Austin, Texas on February 26, 1996. TRD-9603559 George W. Bush Governor of Texas GWB-96-1 Relating to the Texas Motorist's Choice Program WHEREAS, the Legislature of the State of Texas heretofore has enacted the Texas Clean Air Act (the Act), codified at Chapter 382 of the Texas Health and Safety Code; WHEREAS, section 382.037(a-1) of the Act authorizes the Governor to determine, after appropriate negotiation with the United States Environmental Protection Agency, the type of vehicle emissions inspection and maintenance program for the State; WHEREAS, section 382.037(a-1) authorizes the Governor to direct the Texas Natural Resource Conservation Commission to develop and implement the vehicle emissions inspection and maintenance program that he determines to be necessary for the State; WHEREAS, section 382.037(a-1) authorizes the Governor to direct the adoption of a particular testing technology or system or a particular combination of technologies, systems, or technologies and systems, and to adjust appropriate fees as necessary; WHEREAS, section 382.037(a-1) authorizes the Governor to direct the exemption of a county from, or the inclusion of a county in, a vehicle emissions inspection and maintenance program; WHEREAS, section 382.037(a-1) provides that the program authorized under section 382.0371 is suspended upon implementation of the new vehicle emissions inspection and maintenance program; NOW, THEREFORE, I, George W. Bush, Governor of Texas, have determined, after appropriate negotiation with the United States Environmental Protection Agency (EPA), that the Texas Motorist's Choice Program is necessary for the State, and I hereby direct the Texas Natural Resource Conservation Commission (Commission) to develop and implement the Texas Motorist's Choice Program, approvable by EPA, as described below: All gasoline-fueled light-duty vehicles and light- and heavy-duty trucks required to be registered in, and primarily operated in, Dallas, Tarrant, El Paso, and Harris Counties that are between two and 24 years old are subject to the inspection and maintenance program requirements. Vehicles operated on federal facilities in these counties and vehicles exempt from registration and primarily operated in these counties are subject to the Program requirements as well. The Commission shall develop a remote sensing program that identifies gross- polluting vehicles which shall be subject to inspection and maintenance requirements upon detection by remote sensing equipment. The remote sensing program shall be implemented in counties identified by Commission rule and in cooperation with the Department of Public Safety (Department). Motorists may choose a two-speed idle or a loaded/transient mode test at any test-and-repair or a test-only facility certified by the State, subject only to the availability of facilities. Upon proof of eligibility and payment of a reasonable fee, as established by Commission rule, a motorist may qualify for a waiver from certain inspection and maintenance requirements. The Commission shall develop test equipment criteria and shall set emission test procedures and passing criteria. The Commission shall collect and report inspection and maintenance data to EPA, including inspection results, inspection facility data, challenge test and waiver data, vehicle repair data, audit data, enforcement data, data regarding vehicles operated on federal facilities, vehicle registration data, and any other data required by EPA. The Commission shall compare inspection results with registration data for the purpose of enforcing Program requirements. The Commission shall, in cooperation with the Texas Department of Transportation, develop a program providing for the denial of registration of vehicles that have not complied with Program requirements. The Commission shall, in cooperation with the Texas Department of Transportation, develop a program providing that vehicles between six and 24 years old must pass an inspection within 60 days of resale and prior to transfer of title to non-family member consumers in Dallas, Tarrant, or Harris Counties. FURTHER, I hereby direct the Commission to implement the following Program components in order to provide the maximum convenience and consumer protection for motorists: The Commission shall set an inspection fee that will include State oversight costs. The Commission shall develop, implement, and oversee a public information campaign that includes the remote sensing and test on resale components of the Program. The Commission shall adopt a resolution, in accordance with section 382. 037(d) of the Act, which provides that the Department shall implement a system which requires, as a condition of obtaining a safety inspection certificate for a vehicle subject to the Program, that the vehicle be inspected annually with a two-speed idle test or biennially with a loaded/transient mode test, as required by the Texas air quality State Implementation Plan. FURTHER, I hereby direct the Commission to enter into an agreement with the Department to provide for the establishment of the following Program components: In accordance with section 382.038(a) of the Act, the Department shall adopt by rule standards and procedures for implementing the inspection and maintenance program designed by the Commission and for licensing inspection facilities, including the establishment of a penalty structure that will meet the requirements of federal regulations provided at 40 C.F.R. sec.51.364. In cooperation with the Commission, the Department shall develop, implement, and oversee a public information campaign pertaining to emissions inspection and repair requirements for vehicles subject to the Program, and the recognized repair technician component of the Program, and shall be responsible for the resolution of consumer complaints and disputes related to the inspection facilities, inspectors, or results. The Department shall issue waivers in accordance with the Commission's criteria adopted by rule. The Department shall, in accordance with section 382.038(e) of the Act, develop and implement procedures whereby a motorist may conveniently challenge the validity of the results of an inspection, in order to ensure quality control of the inspection facilities and consumer protection. The Department shall recognize automotive repair facilities and technicians, in accordance with criteria adopted by the Commission, in order to promote increased consumer protection. AND ADDITIONALLY, WHEREAS, legislation is desirable to enhance the Texas Motorist's Choice Program, NOW, THEREFORE, I hereby declare my intent to support legislation in the 75th Legislative session that will authorize the implementation of the following Program components: (1) the denial of re-registration of vehicles that have not complied with Program requirements; (2) the establishment of a class C misdemeanor penalty for operating a gross-polluting vehicle in a nonattainment area; and (3) the requirement for an inspection within 60 days of resale and prior to transfer of title to non-family member consumers residing in Dallas, Tarrant, or Harris Counties. This executive order shall remain in effect until modified, amended, or rescinded by me. Issued in Austin, Texas on February 27, 1996. TRD-9603658 George W. Bush Governor of Texas GWB 96-2 Relating to the March 12, 1996 and the April 9, 1996 Primary and Runoff Elections WHEREAS, a significant number of United States military and civilian personnel are stationed or living overseas, including those who are presently deployed in support of Operation of Joint Endeavor in Bosnia; and WHEREAS, the Secretary of State, Chief Election Officer of Texas, has been contacted by the Presidential Designee under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. sec.1973ff (the "Act"), concerning the short period of time to mail ballots to overseas voters for the March 12, 1996 and April 9, 1996 Primary and Runoff Elections; WHEREAS, the Presidential Designee has suggested, pursuant to the Act, that overseas voters vote by special Federal write-in absentee ballot procedures; and WHEREAS, the Secretary of State has informed me that the special Federal write-in absentee ballot procedures will allow overseas voters to cast ballots in a timely fashion in the March 12, 1996 and April 9, 1996 Primary and Runoff Elections; NOW, THEREFORE, I, GEORGE W. BUSH, GOVERNOR OF TEXAS, by virtue of the power vested in me, do hereby order the Secretary of State to cooperate with the Presidential Designee to ensure that citizens of Texas who are currently living or stationed overseas are able to vote in the March 12, 1996 and April 9, 1996 Primary and Runoff Elections; The Secretary of State is hereby directed to notify the appropriate county officials and to prescribe such rules, regulations, or directives as necessary to ensure the proper acceptance of ballots of citizens covered by the Act for the March 12, 1996 and April 9, 1996 Primary and Runoff Elections. Issued in Austin, Texas on March 6, 1996. TRD-9603657 George W. Bush Governor of Texas