IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Commission on Alcohol and Drug Abuse Notice of Intent to Contract The Texas Commission on Alcohol and Drug Abuse (TCADA), under the authority of the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 461, is seeking a pharmacotherapy provider located in Harris County to provide pharmacotherapy services effective September 1, 1996 through August 31, 1997. The current provider, Best Recovery of Houston, will continue to provide services through the current fiscal year. The purpose of this action is to prevent the potential loss of methadone services in the area. TCADA is interested in seeking an incorporated private non-profit, or public agency to provide the service. Organizations interested in applying and competing for these funds shall consider and respond to the following: Eligible providers are incorporated private non-profit or public agencies in good standing with TCADA and other state and federal agencies; The organization shall ensure that the facility is currently licensed or in the process of being licensed for Pharmacotherapy services by the Texas Department of Health, the Drug Enforcement Administration, the Food and Drug Administration and TCADA; Sufficient capacity to provide services for 162 slots annually; TCADA's maximum rate of reimbursement is $8.00 per day per client. Documentation to support costs up to the maximum will be considered. Costs per day at a lower level will be given favorable consideration. Subject to the availability of federal funds, the available amount for fiscal year 1997 is $473,040. The fiscal year 1996 amount is to be determined and will be negotiated after TCADA reviews costs necessary to start services with an effective date of September 1, 1996. Pursuant to an order entered May 12, 1996 by Judge John D. Rainey, a contract with a pharmacotherapy provider in Harris County is subject to cancellation without notice should TCADA ultimately find that the previous contract with Riverside General Hospital should not have been terminated. Judge Rainey's order expires at 6:05 p.m. on May 22, 1996 unless otherwise extended by court order. Qualified organizations with experience and capability interested in receiving an application to apply shall submit a letter of intent to: Steve Casillas, Assistant Deputy Director for Funding, 710 Brazos Room 433, Austin, Texas 78701. The letter shall demonstrate how the organization meets the requirements listed above and also demonstrate experience and capability to provide the service. The letter shall be received at TCADA no later than 5:00 p.m., May 28, 1996. TCADA will screen applicants based on the information contained in the letter of intent. Only those applicants with documented capability and experience will be contacted. If no eligible and capable organizations express an interest, the current provider may be offered an award to provide services for fiscal year 1997 through the Noncompetitive Negotiation of Awards process. For further information, please contact Heather Harris at (800) 832-9623 extension 6319 or (512) 867-6319. Issued in Austin, Texas, on May 20, 1996. TRD-9606980 Mark S. Smock Assistant Deputy for Finance Texas Commission on Alcohol and Drug Abuse Filed: May 20, 1996 Texas Education Agency Correction of Errors The Texas Education Agency proposed new sec.sec.150.1001-150.1006. The rules appeared in the April 30, 1996, issue of the Texas Register (21 TexReg 3668). On page 3660, an error as submitted appeared in sec.150.1003(c)(8). In the second sentence, the word "teacher" in the phrase "the teacher supervisor's knowledge of the occurrence" should be in the possessive form "teacher's." On page 3705, two errors as published appeared in the preamble to adopted new sec.61.2. The header information for submission (containing the subchapter letter and title and the citation for the section) is printed in the wrong location in the preamble. The header should appear after the public comments section of the preamble. Also, the paragraph that specifies the statutory authority for the action was omitted. The paragraph should read as follows. "The new section is adopted under the Texas Education Code, sec.11.352, which authorizes the State Board of Education to adopt rules for the governance of a special-purpose district." The Texas Education Agency adopted the repeal to sec. sec.33.1, 33.5, 33.10, 33. 15, 33.20, 33.25, 33.30, 33.35, 33.40, 33.45, 33.50, 33.55, 33.60, and 33.65. The rules appeared in the May 7, 1996, issue of the Texas Register (21 TexReg 3937). On page 3937, an error as published appeared in the signature block. The title of the certifying official is incorrectly identified as "Assistant Commissioner, Policy Planning and Research." The correct title is "Associate Commissioner, Policy Planning and Research." On page 3937 an error as submitted appeared in the preamble. The preamble states incorrectly that sec.sec.33.5, 33.10, 33.40, 33.45, and 33.60 are adopted without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (20 TexReg 533). The preamble should state that the sections are adopted with changes. Following is a list of changes adopted in each of the sections. In sec.33.5(g), the following catchline was added to comply with Texas Register style guidelines: "Solicitation of support." The first word in sec.33.10(b)(1), "Specify," was lowercased to correct an editorial error. In sec.33.40(c)(3), the following catchline was added to comply with Texas Register style guidelines: "Relationship with historically underutilized business." In sec.33.45(4), the following catchline was added to comply with Texas Register style guidelines: "Reporting to SBOE." In sec.33.60(5), the word "or" was deleted from subparagraph (D), and the period at the end of subparagraph (E) was replaced with a semicolon followed by the word "or." Both changes were made to correct editorial errors. In addition to the preceding changes, the preamble to new 19 TAC Chapter 33 fails to address two specific changes to the proposed text that were inadvertently omitted from the sections published as adopted with changes. On page 3938, the word "and" should be added after the semicolon in sec.33.15(g)(7) to correct an editorial error. On page 3941, the following catchline should be added to sec.33.25(c)(2)(D) to comply with Texas Register style guidelines: "Discretionary investment authority." An error as submitted appeared on page 3937 in adopted new sec.33.1(b). In the fist sentence of the subsection, the word "sale" should read "sell." Texas Department of Health Correction of Errors The Texas Department of Health proposed amendments to sec. sec.229.401- 229.410, 229.410-229.412. The rules appeared in the April 16, 1996, issue of the Texas Register (21 TexReg 3312). The following correction should be noted: 1. On page 21 TexReg 3312, sec.229.403(b), there should be a hyphen between 787563182 which was the zip code for the Texas Department of Health. The correct zip code is 78756-3182. 2. On page 21 TexReg 3313, sec.229.404(b), there should be a hyphen and a space between (1)(2). The correct citation is (1)-(2) (No change.). 3. On page 21 TexReg 3313, sec.229.404(f), there should be a hyphen between the following words: singleservice, handdrying, and handwashing. The words are hypenated in the federal code and should be hyphenated to be consistent as follows: single-service, hand-drying, and hand-washing. In the April 30, 1996, issue of the Texas Register a correction of error was published for the Texas Department of Health. Some overlooked errors were found after the agency submitted the correction of error request. Also the letter for the correction contained a typo; the correction for sec.229. 146(a) was actually for sec.229.145(a). The Texas Department of Health proposed amendments to sec. sec.229.141, 229.142, 229.145-229.148, and 229.150-229.152. The rules appeared in the March 12, 1996, issue of the Texas Register (21 TexReg 1995). Concerning sec.229.145(a)(6), on page 1996, sec.229.147(b)(1)-(6), (c)-(c), (3)(1)(A)-(C), (e)(2) and (3), on pages 1997-1998, sec.229.148(u)(2) and (3), (cc)(1)-(6), (dd), (ee), the paragraphs and subparagraphs under (ee), and (ff), on pages 1999-2000, and sec.229.151(d)(4), on page 2000, the formatting structure for the paragraph is incorrect as published. Section 229.145(a), on page 1997, existing paragraph (6) is proposed for deletion. The closing bracket is missing at the end of the paragraph. Section 229.147(b)(I), page 1997, the word "Vhas" should be "has." Section 229.147(e), page 1997, the period after "...Austin, Texas 78756" should be a comma. Concerning sec.229.145(a)(6), on page 1996, the formatting structure for the subparagraphs, clauses, and subclauses under paragraph (6) is incorrect as published. Concerning sec.229.147(b)(1)-(6), (c)-(d), (e)(1)(A)-(B), (e)(2) and (3), on pages 1997-1998, the formatting structure for the subsections, paragraphs and subparagraphs is incorrect as published. Concerning sec.229.148(u)(2) and (3), (cc)(1)-(6), (dd), (ee), the paragraphs and subparagraphs under (ee), and (ff), on pages 1999-2000, the formatting structure for the subsections, paragraphs, and subparagraphs is incorrect as published. Concerning 229.151(d)(4), on page 2000, the formatting structure for the paragraph is incorrect as published. Concerning 229.146(a), on page 1997, existing paragraph (6) is proposed for deletion. The closing bracket is missing at the end of the paragraph. Concerning 229.147(b)(1), page 1997, the word "Vhas" should be "has". Concerning sec.229.147(e), on page 1997, the period after "...Austin, Texas 78756" should be a comma. Concerning sec.229.145(b)(2)(A) and (B), on page 1997, subparagraphs (A) and (B) should be in bold print because it is new language. Concerning sec.229.148(u)(2) and (3), on page 1998, the first two sentences of paragraph (2) and all of paragraph (3) should be in bold print because it is new language. 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. >>k [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 May 17, 1996. TRD-9606978 Susan K. Steeg General Counsel Texas Department of Health Filed: May 20, 1996 Texas Department of Health Notice of Cancellation of Public Hearing The Texas Department of Health (department) published a proposed amendment to 25 Texas Administrative Code, sec.38.13, relating to reimbursement of providers of hemophilia factor in the Chronically Ill and Disabled Children's Services Program (CIDC) in the March 19, 1996, issue Texas Register (21 TexReg 2120). A Notice of Public Hearing for June 14, 1996, was published in the May 17, 1996 issue of the Texas Register (21 TexReg 4354). The proposed rule is being withdrawn, and the public hearing has been cancelled. A new proposed rule will be published at a later date. Questions and requests for information can be directed to Susan C. Penfield, M.D., Director, Children's Health Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, extension 3104. Issued in Austin, Texas, on May 20, 1996. TRD-9606986 Susan K. Steeg General Counsel Texas Department of Health Filed: May 20, 1996 Texas Department of Health Notice of Rescission of Order Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health, rescinded the following orders: Emergency Cease and Desist Order issued April 5, 1996, to William M. Leff, D.C., doing business as Leff Chiropractic Center, 3130 Montana, El Paso, Texas 79903, holder of Certificate of Registration Number R03104; Emergency Cease and Desist Order issued April 3, 1996, to Corpus Christi Radiology Center, 1621 South Brownlee, Corpus Christi, Texas 78404, holder of Certification of Mammography Systems Number M00524. 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 May 17, 1996. TRD-9606954 Susan K. Steeg General Counsel Texas Department of Health Filed: May 17, 1996 Texas Department of Human Services Public Notice Open Solicitation for Rockwall County Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days, effective the date of this public notice, for Rockwall County #199, identified as follows, where Medicaid contracted nursing facility occupancy rates exceed the threshold (90% occupancy) in each of six months in the continuous, OCTOBER 1995 THRU MARCH 1996 six-month period. Potential contractors seeking to contract for existing beds which are currently licensed as nursing home beds or hospital beds in the counties identified in this public notice must submit a written reply (as described in 40 TAC sec.19.2324) to TDHS, Gary L. Allen, Certification, Provider Enrollment and Billing Services, Long Term Care-Regulatory, Mail Code Y-976, Post Office Box 149030, Austin, Texas 78714-9030. The written reply must be received by TDHS by 5 p.m., June 24, 1996, the last day of the open solicitation period. Potential contractors will be placed on a waiting list for the primary selection process in the order that the beds which were being proposed for Medicaid certification were initially licensed. The primary selection process will be completed on July 5, 1996. If there are insufficient available beds after the primary selection to reduce occupancy rates to less that 90%, TDHS will place a public notice in the Texas Register announcing an additional open solicitation period for those individuals wishing to construct a facility. [graphic] Issued in Austin, Texas, on May 17, 1996. TRD-9606922 Glen Scott General Counsel Texas Department of Human Services Filed: May 17, 1996 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for Advanta Insurance Company, a foreign fire and casualty company. The home office is in Phoenix, Arizona. Application for a name change in Texas for Principal National Life Insurance Company, a life, accident and health company. The proposed new name is Fidelity Life Insurance Company. The home office is in Radnor, Pennsylvania. Application for a name change in Texas for Argus Life Insurance Company, a foreign life, accident and health company. The proposed new name is Magna Insurance Company. The home office is in Greenville, South Carolina. Application for a name change in Texas for C. E. Heath Compensation and Liability Insurance Company, a foreign fire and casualty company. The proposed new name is CareAmerica Compensation & Liability Insurance Company. The home office is in Burlingame, California. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on May 17, 1996. TRD-9606979 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: May 20, 1996 Notice of Public Hearings The Commissioner of Insurance will hold a public hearing under Docket Number 2229 on June 20, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider the adoption of proposed amendment to 28 TAC sec.5.4001, concerning the plan of operation of the Texas Catastrophe Property Insurance Association. The proposed amendments and the statutory authority for the proposed amendments to 28 TAC sec.5.4001, were published in the May 10, 1996, issue of the Texas Register (21 TexReg 3998). Issued in Austin, Texas, on May 16, 1996. TRD-9606841 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: May 16, 1996 The Commissioner of Insurance will hold a public hearing under Docket Number 2230 on June 20, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider the adoption of proposed amendment to 28 TAC sec.5.4501, concerning the adoption by reference of a revised manual of rules governing the writing of windstorm and hail insurance by the Texas Catastrophe Property Insurance Association. The proposed amendments and the statutory authority for the proposed amendments to 28 TAC sec.5.4501, were published in the May 10, 1996, issue of the Texas Register (21 TexReg 4000). Issued in Austin, Texas on May 16, 1996. TRD-9606842 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: May 16, 1996 Texas Natural Resource Conservation Commission Correction of Errors The Texas Natural Resource Conservation Commission proposed new sec.sec.114. 30-114.40. The rules appeared in the May 7, 1996, issue of the Texas Register (21 TexReg 3902). In sec.114.39(1)(2) it reads "submission of false date as information...", but should say "submission of false data..." The Texas Natural Resource Conservation Commission proposed an amendment to sec.117.540. The rule appeared in the May 14, 1996, issue of the Texas Register (21 TexReg 4213). In sec.117.540 the abbreviation for nitrogen oxides should have been listed as "NO" not "" in all references throughout the section. Also in sec.117.540(c) is entirely new, but was only partially bolded. The Texas Natural Resource Conservation Commission submitted a withdrawal of proposed Chapter 324, Subchapter B, sec. sec.324.50-324.54, which appeared in the May 7, 1996, issue of the Texas Register (21 TexReg 3928). Two errors were published, on page 3928, on the bullet line, the title number should be 30 instead of 19, and the first line of the paragraph should read: "The Texas Natural Resource Conservation Commission has withdrawn from..." Notice of Application For the Week Ending May 17, 1996 APPLICATION BY LAIDLAW WASTE SYSTEMS (TEXAS), INC. (Royal Oaks Landfill), Proposed Permit Amendment Number MSW1614-A, authorizing an amendment to their Type I (Landfill) municipal solid waste management facility permit. The proposed permit amendment authorizes a vertical and lateral expansion of their existing solid waste management facility within their currently permitted site. The existing site covers about 144 acres of land. The average waste acceptance rate is projected to be about 250 tons of municipal solid waste per day. The facility is located south of Heath Lane, about 0.5 miles east of the intersection of Heath Lane and U.S. Highway 69, near the city of Jacksonville, in Cherokee County, Texas APPLICATION BY LAIDLAW WASTE SYSTEMS (TEXAS), INC. (Pinehill Landfill), Proposed Permit Amendment Number MSW1327-B, authorizing an amendment to their Type I (Landfill) municipal solid waste management facility. The proposed permit amendment authorizes a vertical expansion of their existing solid waste management facility within their currently permitted site. The existing site covers about 221 acres of land. The average waste acceptance rate is projected to be about 1,000 tons of municipal solid waste per day. The facility is located about one mile northwest of the intersection of Texas Highway 31 and Interstate Highway 20 near the city of Kilgore, in Gregg County, Texas The Executive Director will issue the permit unless one or more persons file written protests and/or requests for hearing within 30 days of the date of newspaper publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the application number, TNRCC docket number or other recognizable reference to the application; the statement "I/we request an evidentiary public hearing."; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and a description of the location of your property relative to the applicant's operations. If one or more protests and/or requests for hearing are filed on an application, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where an evidentiary hearing may be held. If no protests and/or requests for hearing are filed on an application, the Executive Director will approve the application. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing or questions concerning procedures should be submitted in writing to the TNRCC, Chief Clerk's Office, P. O. Box 13087, Mail Code 105, Building F, Room 4301, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300 Issued in Austin, Texas, on May 17, 1996. TRD-9606937 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: May 17, 1996 Notice of Opportunity to Comment on Permitting Actions For the Week Ending May 17, 1996 The following applications will be signed by the Executive Director in accordance with 30 TAC sec.263.2, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain uncontested permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within ten days of the date notice concerning the application(s) is published in the Texas Register. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protests or requests for hearing are filed, the Executive Director will sign the permit ten days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to the Chief Clerk's Office (Mailcode 105), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Consideration of the application of Timothy W. Loftin, Larry W. Weeden, and James Ditto dba Cedar Ridge Deep Well Water System for an increase in retail water rates in McLennan County. (Application #30972-G, Vera Poe) Consideration of the application of Windermere Utility Company, Inc. to amend Sewer Certificate of Convenience and Necessity Number 20542 in Travis County, Texas. (Application #30970-C, Guillermo Zevallos) Consideration of the application of Williamson dba Raintree Lakes Water Company to Transfer Water CCN Number 12418 from Rainbow Development, Inc. dba Raintree Lakes Water Company in Upshur County, Texas. (Application #31111-S, Albert Holck) Consideration of the application of Round Rock Ranch PUD Utility Company, Inc. for a Water CCN in Williamson County, Texas. (Application #31078-C, Darrell Nichols) Consideration of the application of Round Rock Ranch PUD Utility Company, Inc. for a Sewer CCN in Williamson County, Texas. (Application #31079-C, Darrell Nichols) Consideration of the application of Lewis Jackson dba River of Life Water System for a water CCN in Walker County, Texas. (Application #31038-C, Albert Holck) APPLICATION BY THE CITY OF CROSS ROADS AND THE CITY OF GRAND PRAIRIE TO REGULATE ON-SITE SEWAGE FACILITIES WITHIN THEIR JURISDICTION. Consideration of the application of Encinal Water Supply Corporation for a Sewer CCN in LaSalle and Webb Counties, Texas. (Application #31099-C, Guillermo Zevallos) Signature of a Proposed Order Approving the Application by City of Alton for Approval of a Sewer CCN in Hidalgo County, Texas. (Application #30997-C, Vera Poe) Consideration of the application of Forest Grove, Inc. dba Southern Oaks Water Supply for a Rate/Tariff Change in Freestone County, Texas. (Docket Number 96- 0423-UCR/Application #30991-R, Bret Fenner) Approval of Application Number 31101-S of Omega Bay Water Supply Corporation to Transfer Water CCN Number 11514 from Bayou Vista Utility Company, Inc., in Galveston County, Texas. (Albert Holck) Approval of Application Number 31102-S of Omega Bay Water Supply Corporation to Transfer Water CCN Number 20549 from Bayou Vista Company, Inc., in Galveston County, Texas. (Albert Holck) Issued in Austin, Texas, on May 17, 1996. TRD-9606936 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: May 17, 1996 Provisionally-Issued Temporary Permits to Appropriate State Water Permits issued during the period of May 17, 1996 Application Number TA-7670 by Floyd Neuman for diversion of ten acre-feet from May 1 through July 1, 1996 for irrigation use. Water may be diverted from San Miguel Creek at a location approximately 15.0 miles northeast of Pearsall, Frio County, Texas, Nueces River. Application Number TA-7671 by Shell Western E&P, Inc. for diversion of one acre-foot in a two-month period for industrial (Hydrotesting) use. Water may be diverted from a location in Matagorda Bay approximately 24 miles south southwest of Bay City, Matagorda County, Texas, Colorado-Lavaca Coastal Basin. Application Number TA-7672 by Blazer Construction, Inc. for diversion of four acre-feet in a six month period for industrial use. Water may be diverted from Mason Creek, to be diverted just east of Loop 281, approximately one-half mile east of Longview in Harrison County, Texas, Sabine River Basin. Application Number TA-7673 by E.E. Hood and Sons, Inc. for diversion of nine acre-feet in a one year period for industrial use. Water may be diverted from Verde Creek at a location approximately 11.0 miles south of Kerrville, Kerr County, Texas, Guadalupe River. Application Number TA-7674 by Simon Traylor and Sons, Inc. for diversion of one acre-feet in a one year period for industrial use. Water may be diverted from Copeland Creek at a location approximately 15.0 miles south of Livingston, Polk County, Texas, Trinity River. Application Number TA-7676 by Elias Dugi for diversion of ten acre-feet in a six-month period for irrigation (cropland) use. Water may be diverted from Cibolo Creek at a location approximately 15 miles southeast of Floresville, Wilson County, Texas, San Antonio River Basin. Application Number TA-7677 by Jacob Flores for diversion of ten acre-feet in a 3-month period for irrigation (cropland) use. Water may be diverted from Cibolo Creek at a location approximately 11 miles northeast of Floresville, Wilson County, Texas, San Antonio River Basin. Application Number TA-7678 by Berry Adcock for diversion of ten acre-feet in a six month period for irrigation use. Water may be diverted from the San Antonio River at a location approximately 5.0 miles southwest of Goliad, Goliad County, Texas, San Antonio River. Application Number TA-7679 by E.E. Hood and Sons, Inc. for diversion of three acre-feet in a one year period for industrial use. Water may be diverted from Turtle Creed at a location approximately 6.0 miles south of Kerrville, Kerr County, Texas, Guadalupe River. Application Number TA-7680 by Smith and Company for diversion of 4 acre-feet in a one year period for industrial (highway construction) use. Water may be diverted from the stream crossing of U.S. 190, approximately 13.5 miles east of Livingston in Polk County, Texas, Trinity River Basin. Application Number TA-7681 by Ralph McGrew for diversion of four acre-feet in a six month period for irrigation use. Water may be diverted from Cibolo Creek at a location approximately 15.0 miles east of Floresville, Wilson County, Texas, San Antonio River. Application Number TA-7682 by Schwartz Construction Company for diversion of one half of one acre-foot in a three month period for industrial use. Water may be diverted from Bear Creek at the Herbert-Heimann Road, located approximately 10.0 miles SSW from Fredericksburg, or the Pedernales River at the Old Center Point Road crossing at a location approximately 7.0 miles SW from Fredericksburg, Gillespie County, Texas. Application Number TA-7683 by Jeffrey Oltjendiers for diversion of ten acre- feet in a one-year period for irrigation (cropland) use. Water may be diverted from the San Antonio River at a location approximately one mile west of Floresville, Wilson County, Texas, San Antonio River Basin. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed previously and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in sec.295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 787311, (512) 239-3300. Issued in Austin, Texas, on May 17, 1996. TRD-9606935 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: May 17, 1996 Public Utility Commission of Texas Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 30, 1996, to amend a Certificate of Convenience and Necessity pursuant to Sections 1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Texas Utilities Electric Company to Amend Certificated Service Area Boundaries within Collin County, Docket Number 15738 before the Public Utility Commission of Texas. The Application: In Docket Number 15738, Texas Utilities Electric Company requests approval of its application to revise current certificated service area boundaries within Collin County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512)458-0388, or (512)458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas on May 15, 1996. TRD-9606741 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 8, 1996, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2.101(e), 2.252, and 2.255, of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Lower Colorado River Authority to Amend Certificated Service Area Boundaries within Fayette County, Docket Number 15837 before the Public Utility Commission of Texas. The Application: In Docket Number 15837, Lower Colorado River Authority requests approval of its application to revise current certificated service area boundaries within Fayette County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512)458- 0388, or (512)458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas on May 15, 1996. TRD-9606743 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on May 7, 1996, to amend a certificate of convenience and necessity pursuant to sec.sec.1.101, 3.051(b), 3.251, 3.253, and 3. 254 of the Public Utility Regulatory Act of 1995 (PURA), Texas Revised Civil Statutes Annotated article 1446c-0 (Vernon Supp. 1996). A summary of the application follows. Docket Title and Number. Application of United Telephone Company of Texas, Inc. to Amend Certificate of Convenience and Necessity Within Wise County. Docket Number 15832. The Application. In Docket Number 15832, United Telephone Company of Texas, Inc. seeks approval to amend the exchange area boundary between its Bridgeport exchange and Central Telephone Company of Texas' Boonsville exchange to provide telephone service to a customer currently without service. 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 on or before June 21, 1996. Issued in Austin, Texas on May 15, 1996. TRD-9606742 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for City of Fort Worth in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for City of Fort Worth in Fort Worth, Texas. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 15858. The Application. Southwestern Bell Telephone Company is requesting approval of a 55 station addition to the existing PLEXAR-Custom service for City of Fort Worth. The geographic service market for this specific service is the Fort Worth, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Division at (512)458- 0256, or (512)458-0221 for teletypewriter for the deaf. Issued in Austin, Texas on May 15, 1996. TRD-9606745 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 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 Bank One - Fort Worth in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Bank One - Fort Worth in Fort Worth, Texas. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 15859. The Application. Southwestern Bell Telephone Company is requesting approval of a 40 station addition to the existing PLEXAR-Custom service for Bank One - Fort Worth. The geographic service market for this specific service is the Fort Worth, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Division at (512)458- 0256, or (512)458-0221 for teletypewriter for the deaf. Issued in Austin, Texas on May 15, 1996. TRD-9606746 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 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 Dreyer's Ice Cream in Houston, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Dreyer's Ice Cream in Houston, Texas. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 15848. The Application. Southwestern Bell Telephone Company is requesting approval of a new PLEXAR-Custom service for Dreyer's Ice Cream. The geographic service market for this specific service is the Houston, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Division at (512)458- 0256, or (512)458-0221 for teletypewriter for the deaf. Issued in Austin, Texas on May 15, 1996. TRD-9606744 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on May 17, 1996, pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a customer-specific contract for billing and collection services with PCI Phone Calls, Inc. Tariff Title and Number: Application of Southwestern Bell Telephone Company for Approval of a Customer-Specific Contract for Billing and Collection Services with PCI Phone Calls, Inc. Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 15834. The Application: Southwestern Bell Telephone Company seeks approval of a customer-specific billing and collection services contract with PCI Phone Calls, Inc. The services pursuant to the customer-specific contract will be offered anywhere within the state of Texas where PCI Phone Calls, Inc. provides services to Southwestern Bell end user customers. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas, 78757, or call the Public Utility Commission Consumer Affairs Section at (512) 458- 0223, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas on May 15, 1996. TRD-9606747 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.28 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on May 16, 1996, pursuant to Public Utility Commission Substantive Rule 23.28 for approval to offer promotional Enhanced Call Waiting Feature Service rates. Tariff Title and Number: Application of United Telephone Company of Texas, Inc. for Promotional Rate Offering Pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Control Number 15824. The Application: United Telephone Company of Texas, Inc. proposes to offer Enhanced Call Waiting Feature Service at no charge on a promotional basis for a 30 day period to begin June 25, 1996 and end July 25, 1996. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas, 78757, or call the Public Utility Commission Consumer Affairs Section at (512) 458- 0223, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas on May 15, 1996. TRD-9606748 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on May 20, 1996, pursuant to Public Utility Commission Substantive Rule 23.28 for approval to offer promotional rates. Tariff Title and Number: Application of Lufkin-Conroe Telephone Exchange, Inc. for Promotional Rate Offering Pursuant to Public Utility Commission Substantive Rule 23.28. Tariff Control Number 15851. The Application:. Lufkin-Conroe Telephone Exchange, Inc. proposes to waive the $6.80 service order installation charge for installing Call Forwarding custom calling features when ordered in conjunction with an order for voice messaging service for a six month promotional period. In addition, upon subscribing to one or both of the features listed during the six month promotional period, the customer will receive that feature(s) free for one month. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas, 78757, or call the Public Utility Commission Consumer Affairs Section at (512) 458- 0223, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas on May 15, 1996. TRD-9606749 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 15, 1996 Notice of Workshop and Request for Comments The Public Utility Commission of Texas plans to hold a workshop on June 11, 1996, as a part of its continuing project relating to electric industry restructuring in Texas (Project Number 15000). The topic of the June 11th workshop is "Regulatory Restructuring." The workshop will be held at 10:00 a.m. at the Commission's offices. The Commission is interested in receiving comments from interested parties related to regulatory changes necessary to protect the public interest in the context of a partially competitive electric market. A list of specific questions is available from Lucila Etheridge at the Commission at (512) 458-0327. Due to the breadth of the workshop questions, not all issues or questions will be addressed in panels at the workshop. Some issues will only be addressed in the written comments. Staff will determine which issues are most appropriate for panels after review of the written comments, and additional issues may be added as warranted. Interested persons may provide the Commission with 15 copies of their written responses to those questions by filing them with the filing clerk of the commission at 7800 Shoal Creek Boulevard, Austin, Texas, 78757. As the list of questions is lengthy, it is not necessary to respond to every question; parties should focus their responses on issues of particular concern. In their responses, parties should include a two page executive summary of the response. In addition, parties should indicate whether they would like to participate in any panels at the workshop and which questions they would most like to address. Responses are to be filed by June 4th, and should refer to Project Number 15000. Parties should also file an electronic copy of their responses with Lucila Etheridge of the Office of Policy Development (512) 458-0327, preferably in Microsoft for Windows Word6 format (alternatively in a DOS compatible text format). Issued in Austin, Texas, on May 16, 1996. TRD-9606867 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: May 16, 1996 Stephen F. Austin State University Construction Management Project Pursuant to Chapter 2254, Government Code, Stephen F. Austin State University (SFASU) requests proposals from qualified firms to provide construction management services for the renovation of the first floor of the Austin Building, the installation of an elevator in the Human Sciences Building, and a portion of the construction activities related to the installation of an underground pipe loop. All projects are located on the SFASU campus. SFASU is presently using J. E. Kingham Construction Company as construction manager for the construction and renovation of the Music Building and the renovation of HVAC systems in two dormitories on the SFASU campus. J. E. Kingham has expressed an interest in the Austin Building renovation, elevator installation, and pipe loop projects and SFASU will fully consider the efficiencies inherent in employing Kingham on these simultaneous projects, unless a better proposal is received. SFASU will select the construction manager based on demonstrated competence, knowledge, qualifications, and reasonableness of the proposed fee; additionally, if other considerations are equal, preference will be given to a construction manager whose principal place of business is in the State or who will manage the contract wholly from an office in the State. Firms interested in responding to this request for proposals may obtain information by contacting John Rulfs, Assistant Director of Physical Plant, Stephen F. Austin State University, PO Box 13031 SFA Station, Nacogdoches, Texas 75962. Phone (409) 468-4341 or Fax (409) 468-4446. Proposals must be received no later than June 16, 1996. Issued in Austin, Texas, on May 20, 1996. TRD-9606985 R. Yvette Clark General Counsel Stephen F. Austin State University Filed: May 20, 1996 Texas Department of Transportation 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 Number 01-5XXP5007: To perform bridge scour studies in the Delta, Fannin, Franklin, Hopkins, Hunt, Grayson, Lamar, Rains and Red River counties within the Paris District. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (903)737-9289, or hand-delivered to TxDOT, Paris District Office, 1365 North Main Street, Paris, Texas or mailed to P.O. Box 150, Paris, Texas 75461. Letters of interest will be received until 5:00 p.m. on Thursday, June 6, 1996. The letter of interest must include the engineer's firm name, address, telephone number, name of engineer's contact person and refer to Contract Number 01-5XXP5007. 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 Contract Number 01-5XXP5007 will be accepted until 5:00 p.m. on Thursday, June 27, 1996, at the TxDOT, Paris District Office mentioned addresses. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Clifford Clottey at (903)737-9353 or fax (903)737-9289. Contract Number 17-645P5005: To prepare plans, specifications and estimates for the widening of US 79 in Milam county. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (409)778-9702, or hand/mail delivered to TxDOT, Bryan District Office, 1300 North Texas Avenue, Bryan, Texas 77803-2760. Letters of interest will be received until 5:00 p.m. on Friday, June 7, 1996. The letter of interest must include the engineer's firm name, address, telephone number, name of engineer's contact person and refer to Contract Number 17-645P5005. 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 Wednesday, June 12, 1996, beginning at 10:00 a.m., at the Brazos Center, 3232 Briarcrest Drive, Bryan, Texas. (TxDOT will not accept a proposal from an provider 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 serves such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Phillip E. Russell, P.E., at (409)778-9713 at least two work days prior to the meeting so that appropriate arrangements can be made. Proposal Submittal Deadline: Proposals for Contract Number 17-645P5005 will be accepted until 5:00 p.m. on Wednesday, June 26, 1996 at the TxDOT, Bryan District Office mentioned address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Phillip E. Russell, P.E., at (409) 778-9713 or fax (409)778-9702. Issued in Austin, Texas, on May 20, 1996. TRD-9606970 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: May 20, 1996 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 Number 58-645P5001: To conduct an Intelligent Transportation Systems (ITS) Early Deployment Planning study of the IH-10 corridor from San Antonio, Texas to New Orleans, Louisiana. Both the Texas Department of Transportation and the Louisiana Department of Transportation and Development (LDOTD) are participating in this project. The study is funded by the Federal Highway Administration (FHWA) and the states of Texas and Louisiana. Texas will take the lead administratively on the project. The study will examine intermodal freight operations within the corridor and recommend operational and institutional improvements and suggest ITS technologies which will increase the efficiency and safety of freight movement along the entire corridor. The study will include a study of port operations and the intermodal connectivity between the ports and the corridor. This will primarily be a rural ITS study; any investigation of urban areas will be limited to their effects on freight movement along the corridor. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512)416-3214 or by hand/mail delivered to TxDOT, Traffic Operations Division Office, Attention: TRF-TM, 125 East 11th, Austin, Texas 78701. Letters of interest will be received until 5: 00 p.m. on Friday, June 7, 1996. The letter of interest must include the engineer's firm name, address, telephone number, name of engineer's contact person and refer to Contract Number 58-645P5001. 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, June 18, 1996, at the TxDOT, Riverside Annex, 200 East Riverside, Austin, Texas, beginning at 1:30 p.m. (TxDOT will not accept a proposal from an provider 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 serves such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Tom Stephenson, at (512)416-3297 at least two work days prior to the meeting so that appropriate arrangements can be made. Proposal Submittal Deadline: Proposals for Contract Number 58-645P5001 will be accepted until 5:00 p.m. (CDT) on Friday, July 19, 1996 at the TxDOT, Traffic Operations Division Office mentioned address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Tom Stephenson at (512)416-3297 or fax (512)416-3214. Issued in Austin, Texas, on May 20, 1996. TRD-9606971 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: May 20, 1996 Development Board Error The Texas Water Development Board submitted Applications Received, which appeard in the May 17, 1996, issue of the Texas Register (21 TexReg 4371). In the Table of Contents the applicaton was published as being on page 4369, but is in fact on page 4371.