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 Department of Agriculture Organic Standards and Certification Administrative Penalty Matrix The Texas Department of Agriculture (the department) is republishing the following Organic Standards and Certification Administrative Penalty Matrix to inform the regulated public. The matrix was originally submitted for publication in the September 17, 1996, issue of the Texas Register and published at 21 TexReg 9003, but the matrix itself was omitted in that publication. This matrix has been developed to provide consistent, uniform, and fair penalties for violations of Chapter 18, Subchapter A, Texas Agriculture Code (the Code). The department's authority for the enforcement of Chapter 18 is found in the Code, sec.12.020, whereby the department may assess administrative penalties up to a maximum of $500 for each violation. Each day that a violation continues or occurs may be considered a separate violation for purposes of assessing administrative penalties. This matrix is based on current information. As the enforcement of these types of violations continues and additional data are gathered, the matrix will be reviewed and, if need be, adjusted to reflect any changes in the information upon which the current matrix is based. This matrix is effective immediately upon its publication in the Texas Register. For each type of offense there is a penalty range for initial violations. The range increases for subsequent violations. The ranges were established by considering the criteria set forth in the Code, sec.12.020(d): (1) the seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public; (2) the damage to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter future violations; (5) efforts to correct the violation; and (6) any other matter that justice may require. The Texas Legislature has given the department the responsibility for ensuring that producers, processors, distributors and retailers obtain proper certification in order to offer food, feed or fiber as organic and for ensuring the validation of the organic claim. Also, methods used for production, processing and handling of organic products must prevent the commingling of non- organic and organic products, or contamination of organic products from prohibited materials. In addition, processed or packaged food products must be properly labeled indicating proper certification and that the product is organic or contains organic ingredients. These factors will be considered on a case-by- case basis. The low end of each range is the presumptive base penalty for each violation, and represents an appropriate penalty for violations which are considered "minor" with respect to the criteria in the Code, sec.12.020(d). Penalties may be increased to the maximum within each range as the department considers the facts of each violation in light of the criteria in the Code, sec.12.020(d). The penalty may be adjusted as justice may require. 176-Organic Standards and Certification Administrative Penalty Matrix - Figure 1 Issued in Austin, Texas, on September 18, 1996. TRD-9613642 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: September 18, 1996 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). graphic Issued in Austin, Texas, on September 17, 1996. TRD-9613646 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissoner Filed: September 17, 1996 Edwards Aquifer Authority Public Hearing The Edwards Aquifer Authority will conduct two public hearings to receive comments on proposed rules governing the filing and processing of applications for permits to withdraw water from the Edwards Aquifer. These public hearings will be held at the following times and locations: September 25, 1996, at 7:00 p.m. Medina County Court House District Court Room, 2nd Floor 1100 16th Street Hondo, Medina County, Texas September 26, 1996, at 7:00 p.m. Edwards Aquifer Authority 1615 North St. Marys San Antonio, Bexar County, Texas The proposed rules for filing and processing applications for permits to withdraw water from the Edwards Aquifer may be found in the September 3rd issue of the Texas Register or may be obtained from the Edwards Aquifer Authority by calling (210) 222-2204 or may be viewed on the Authority's web site at the following address: http://www.txdirect.net/corp/eaa Issued in Austin, Texas, on September 17, 1996. TRD-9613626 Rick Illgner General Manager Edwards Aquifer Authority Filed: September 17, 1996 Texas Health and Human Services Commission Notices of Award The Texas Health and Human Services Commission (HHSC) has selected a proposal for award of a "Local Transportation Coordination Model" grant. A notice of the request for proposals was published in the May 31, 1996, issue of the Texas Register (21 TexReg 4910). The apparent successful proposer is the LULAC Project Amistad, 4001 Durazno, El Paso, Texas 79905, which was recommended for an award in the border category of up to $30,000 for the first year of the grant and $65,625 for years two through four of the project for a total of up to $95,625. The model developed will help the community provide local transportation coordination that maximizes the use of local resources, demonstrates local commitment to the development of coordinated transportation services and increases the availability of options, supports and services to all individuals including those with disabilities. Continuation funding for years two through four will be contingent upon annual review of performance and the availability of state and/or federal funds. The initial budget period is October 1, 1996 to May 31, 1997. For more information, please contact Tina Janek, Project Director, Office of Client Transportation Services, Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711-3247, (512) 424-6581, FAX (512) 424-6590. Issued in Austin, Texas, on September 17, 1996. TRD-9613609 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: September 17, 1996 The Texas Health and Human Services Commission (HHSC) has selected an alternate proposal for award of a "Local Transportation Coordination Model" grant for a metropolitan area. A notice of award was published in the April 19, 1996, issue of the Texas Register (21 TexReg 3464). HHSC was unable to complete contract negotiations with the apparent successful proposer in the metropolitan category and has since entered into negotiations with the next highest ranking proposer in the project category. The next highest ranking proposer in the metropolitan category is The American Red Cross Greater Houston Area, 2700 SW Freeway, Houston, Texas 77001. HHSC has successfully negotiated a contract with this proposer and shall award up to $30,000 for the first year of the grant and $65,625 for years two through four of the project for a total of up to $95,625. The model developed will help the community provide local transportation coordination that maximizes the use of local resources, demonstrates local commitment to the development of coordinated transportation services and increases the availability of options, supports and services to all individuals including those with disabilities. Continuation funding for years two through four will be contingent upon annual review of performance and the availability of state and/or federal funds. The initial budget period is August 1, 1996 to May 31, 1997. For more information, please contact Tina Janek, Project Director, Office of Client Transportation Services, Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711-3247, (512) 424-6581, FAX (512) 424-6590. Issued in Austin, Texas, on September 17, 1996. TRD-9613610 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: September 17, 1996 Notice of Public Hearing The Texas Health and Human Services Commission (HHSC) will hold a public hearing on Medicaid Managed Care on Friday, October 4, 1:30-3:30 p.m., at the Texas Department of Health, Auditorium, 1100 West 49th Street, Austin, Texas. HHSC will provide a summary of public comments received at the 20 Medicaid Managed Care public hearings held statewide from May 15-July 18, 1996. Also, a draft implementation schedule for the 1915(b) statewide rollout of Medicaid Managed Care will be announced. Give your comments on the rollout schedule for Medicaid Managed Care. For more information, please contact Jill Melton, State Medicaid Division with HHSC, at (512) 424-6612. Persons with disabilities who may require special assistance may contact Ms. Melton. Issued in Austin, Texas, on September 17, 1996. TRD-9613617 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: September 17, 1996 Texas Department of Housing and Community Affairs Manufactured Housing Division Notices of Administrative Hearing Wednesday, September 25, 1996, 3:00 p.m. State Office of Administrative Hearing, 300 West 15th Street, Suite 502 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. A & M Mobile Home Service to hear alleged violations of Texas Manufactured Housing Standards Act, Texas Revised Statute Annotated Article 5221f (Vernon 1995), regarding obtaining, maintaining or possessing a valid certificate of registration. SOAH 332-96-1454. Department MHD1996001226D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on September 18, 1996. TRD-9613627 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Manufactured Housing Division Filed: September 18, 1996 Wednesday, September 25, 1996, 4:00 p.m. State Office of Administrative Hearing, 300 West 15th Street, Suite 502 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Chet's Mobile Homes to hear alleged violations of Texas Manufactured Housing Standards Act, Texas Revised Statute Annotated Article 5221f (Vernon 1995), regarding obtaining, maintaining or possessing a valid certificate of registration. SOAH 332-96-1095. Department MHD1995000571T. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on September 18, 1996. TRD-9613628 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Manufactured Housing Division Filed: September 18, 1996 Texas Department of Insurance Notices The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan Property & Casualty Insurance Company proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TX. INS. CODE ANN. art. 5.101, sec.3(g). They are proposing rate ranging from +5% to +85% above the benchmark by class, coverage and territory for private passenger automobile. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless an objection is filed with the Chief Actuary for P&C, at the Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on September 18, 1996. TRD-9613650 Caroline Scott General Counsel & Chief Clerk Texas Department of Insurance Filed: September 18, 1996 The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Metropolitan General Insurance Company proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TX. INS. CODE ANN. art. 5.101, sec.3(g). They are proposing rate ranging from +30% to +85% above the benchmark by class, coverage and territory for private passenger automobile. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless an objection is filed with the Chief Actuary for P&C, at the Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on September 18, 1996. TRD-9613651 Caroline Scott General Counsel & Chief Clerk Texas Department of Insurance Filed: September 18, 1996 The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Greenwich Insurance Company proposing rates outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TX. INS. CODE ANN. art. 5.101, sec.3(g). They are proposing a rate of -81% below the benchmark for comprehensive and -79% below the benchmark for collision for private passenger automobile, Class Code 9620, antique autos. Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761. This filing is subject to Department approval without a hearing unless an objection is filed with the Chief Actuary for P&C, at the Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on September 18, 1996. TRD-9613656 Caroline Scott General Counsel & Chief Clerk Texas Department of Insurance Filed: September 18, 1996 Legislative Budget Board and Governor's Office of Budget and Planning Schedule for Joint Budget Hearings (for the period of September 30-October 4, 1996) on Appropriations Requests for the 1998-1999 Biennium State Securities Board, September 30, 3:30 p.m., Room E2.030, Capitol Extension, State Capitol Complex, Austin, Texas. Texas Department of Transportation, October 2, 9:30 a.m., Room 106, John H. Reagan Building, 105 West 15th Street, Austin, Texas. Issued in Austin, Texas, on September 17, 1996. TRD-9613605 Judith S. King Analyst Legislative Budget Board and Governor's Office of Budget and Planning Filed: September 17, 1996 Texas Natural Resource Conservation Commission Public Hearing Notice Notice is hereby given that pursuant to the requirements of sec.sec.26.011, 26.024, and 26.025 of the Texas Water Code, Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993) and 40 Code of Federal Regulations, sec.25.5, of the United States Environmental Protection Agency regulations concerning Public Hearings, the Texas Natural Resource Conservation Commission (TNRCC) will conduct public hearings to receive testimony concerning amendments to Chapter 307, relating to Texas Surface Water Quality Standards. The commission proposes amendments to sec.307.4 and sec.307.10, concerning surface water quality standards. The commission proposes to change the presumed standard for unclassified perennial streams in East Texas from "intermediate aquatic life" to "high aquatic life" in sec.307.4(h)(1), and to designate site- specific standards for additional streams in Appendix D of sec.307.10. Public hearings on the proposal will be held in Tyler on November 20, 1996 at 7:00 p.m., in the City Council Chambers, Second Floor of the City Hall, 210 North Bonner, Tyler; and in Austin on November 18, 1996 at 10:00 a.m. at the Texas Natural Resource Conservation Commission Office Complex, Room 201S, Building E, 12015 North Interstate 35, Austin. The hearing is structured to receive oral or written comments by interested persons. Individuals may present oral statements when called upon in the order of registration. There will be no open discussion by the audience during the hearing; however, a commission 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 on the proposal should refer to Rule Log Number 96138-307-WT and may be submitted to Lutrecia Oshoko, Texas Natural Resource Conservation Commission, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. Comments may be faxed to (512) 239- 5687, but must be followed up with the submission of the written comments. Written comments must be received by 5:00 p.m. on December 2, 1996. For further information concerning this proposal, please contact Charles Bayer MC-150, Water Planning and Assessment Division, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4583. Complete copies of the proposed Chapter 307 rule amendments will be available for mailout by October 7, 1996. Copies will be available for view in the Regional offices and the TNRCC library in Austin, Texas. Requests for copies of the proposed rule amendments should be sent to Becky Ledesma, MC-150, Water Planning and Assessment Division, TNRCC, P.O. Box 13087, Austin, Texas 78711- 3087, (512) 239-4531. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on September 18, 1996. TRD-9613648 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 18, 1996 Texas Parks and Wildlife Department Notice of Public Meeting-Gulf States Marine Fisheries Commission The Gulf States Marine Fisheries Commission will hold its 47th Annual Meeting October 14-18, 1996. Louisiana is the host state and arrangements have been made to convene at the Holiday Inn Crowne Plaza, 333 Poydoras Street, New Orleans, Louisiana (504) 525-9444. 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 September 16, 1996. TRD-9613582 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Filed: September 16, 1996 Public Utility Commission of Texas Notice of Requests for Arbitration to Establish Interconnection Agreements Notice is given to the public of filing with the Public Utility Commission of Texas applications requesting compulsory arbitration to establish interconnection agreements pursuant to sec.242(b) of the Federal Telecommunications Act of 1996. Docket Titles and Numbers: Petition of AT&T Communications of the Southwest, Inc. for Compulsory Arbitration to Establish an Interconnection Agreement Between AT&T and GTE Southwest, Inc. and Contel of Texas, Inc., Docket Number 16300; Petition of MCI Telecommunications Corporation and its Affiliates Including MCIMetro Access Transmission Services, Inc., for Arbitration and Mediation Under the Federal Telecommunications Act of 1996 of Unresolved Interconnection Issues with GTE Southwest, Inc., Docket Number 16355. The Applications: These dockets shall be consolidated for purposes of hearing. An Arbitration Hearing will be held on Monday, October 28, 1996, at 9:00 a.m. at the Commission's offices, 1701 North Congress Avenue, Austin, Texas. Interested persons may provide a statement of position and/or provide a list of questions to be addressed in these arbitration proceedings. These statements may address the recent Federal Communication Commission's (FCC's) First Report and Order, In the Matter of Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket Number 96-98, FCC 96-325 (rel. August 8, 1996) (First Report and Order). Statements and/or lists of questions on the Arbitration Hearing may be submitted to the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas, 78757, on or before October 16, 1996. Effective September 27, 1996, the Commission will relocate to 1701 North Congress Avenue, the mailing address will be P. O. Box 13326, Austin, Texas 78711-3326. Statements (32 copies) should refer to consolidated Docket Numbers 16300 and 16355. Issued in Austin, Texas, on September 18, 1996. TRD-9613639 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: September 18, 1996 Railroad Commission of Texas Invitation for Bids The Railroad Commission of Texas, Surface Mining and Reclamation Division (hereinafter referred to as the commission), is soliciting bids for the closure of 33 mine openings at the Mariposa (Phase 1) Abandoned Mine Land (AML) site. The site is located 4.3 miles west of Terlingua, Texas in Brewster County. As the designated state agency for implementation of the "Surface Mining Control and Reclamation Act of 1977" (30 U.S.C.A., sec.sec.1201 et seq), the commission will award a lump sum, fixed price contract to the lowest and best bidder for completion of this work. Sealed bids will be received until 2:00 p.m., November 6, 1996, at which time the bids will be publicly opened and read at the address listed as follows. A mandatory pre-bid conference will be held at the site at 10:00 a.m., October 22, 1996. Construction work item will include: 1) Mobilization 2) (10) Bat Gates 3) (3) Steel Grated Shaft Closures 4) (7) Corrugated Steel Pipe and Angle Steel Closures with Steel Grating 5) (4) Cable Net Closures 6) (2) Cast in Place Concrete Closures 7) (7) Backfill Closures Copies of the specifications, drawings and other contract documents are on file in Austin at the following address. The complete bid package may be obtained from the mailing address: Marisposa (Phase 1) AML Project; Surface Mining and Reclamation Division; Railroad Commission of Texas; P.O. Box 12967; Austin, Texas 78711-2967; Attention: Melvin B. Hodgkiss, P.E., Director. All questions concerning the work or bid document must be received by 5:00 p.m., October 29, 1996. For further information contact Mark Rhodes at (512) 305-8834. Issued in Austin, Texas, on September 12, 1996. TRD-9613613 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Filed: September 17 1996 Telecommunications Infrastructure Fund Extension of Deadline The Telecommunications Infrastructure Fund announced in the July 16, 1996, issue of the Texas Register (21 TexReg 6735) the availability of approximately $25 million through a competitive grant process to provide Internet access to Texas secondary schools. The deadline for receipt of proposals has been EXTENDED to November 15, 1996. All applications must be received by 4:45 p.m. CST on that date. This closing date and procedures guaranteeing timely submission will be strictly observed. For additional information concerning this Request for Proposals, please refer to the previous announcement in the July 16, 1996, issue of the Texas Register (21 TexReg 6735). Copies of the Request for Proposal and Application Packet may be obtained in any of the following manners: by sending a regular or certified letter, telefax, or express/overnight letter requesting a copy to: Karen Zimmerman, TIF, 221 East 11th Street, Suite 103, Austin, Texas 78701, or an e-mail message to: tifb@governor.texas.gov. Telefax: (512) 936-2681. Copies of the TIF's Internet homepage: http://www.state.tx.us/TIF. Issued in Austin, Texas, on September 17, 1996. TRD-9613619 Arnold Viramontes Executive Director Telecommunications Infrastructure Fund Filed: September 17, 1996 Texas Department of Transportation Request for Proposals Notice of Invitation: The Houston District of the Texas Department of Transportation (TxDOT) intends to enter eight contracts with professional engineers, pursuant to Texas Government Code, Chapter 2254, Subchapter A, and 43 TAC sec.sec.9.30-9.40, to provide the following services. To qualify for contract award a selected engineer must perform a minimum of 30% of the actual contract work. RFP Number 12-6RFP5004 and RFP Number 12-6RFP5005: For engagement of services of Professional Engineering Firms as Prime Providers to provide Design Engineering Services for the Houston District. RFP Number 12-6RFP5004 is for the award of three work authorization-type contracts for the preparation of hydrologic and hydraulic reports and drainage studies. RFP Number 12-6RFP5005 is for the award of five work authorization-type contracts for the preparation of plans, specifications and estimates, which would include bridge design and preparation of structural details as the primary scope of services. The work will be performed in Harris, Fort Bend, Galveston, Brazoria, Waller and Montgomery Counties. All responding firms will be ranked in accordance with their responses to the detailed selection criteria presented in the official Request for Proposals. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal for either RFP Number 12-6RFP5004 or RFP Number 12-6RFP5005 will be accepted by fax at (713) 802-5640, or by hand delivery to TxDOT, Houston District Office, Attention: Mr. Mark W. Litzmann, P.E., 7721 Washington Avenue, Houston, Texas, or by mail delivery addressed to P.O. Box 1386, Houston, Texas 77251-1386. Letters of interest will be received until 5:00 p.m. on Friday, October 4, 1996. The letter of interest must include the engineer's firm name, address, telephone number, fax number, name of engineer's contact person and refer to RFP Number 12-6RFP5004 or RFP Number 12-6RFP5005. pon 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 in order to receive a Request for Proposal packet. The provider should specify which RFP packet they are requesting RFP Number 12-6RFP5004, RFP Number 12-6RFP5005 or both. TxDOT will not issue Request for Proposal packets without receipt of letter of interest.) Proposal Submittal Deadline: Proposals for RFP Number 12-6RFP5004 and RFP Number 12-6RFP5005 will be accepted until 5:00 p.m. on Friday, November 1, 1996, at the TxDOT, Houston District Office mentioned addresses. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Messrs. Mark D. Patterson, P.E., Mark W. Litzmann, P.E. or Michael H. Garrison, P.E., at (713) 802-5506, 5513, or 5799, respectively, or fax (713) 802-5640. Issued in Austin, Texas on September 18, 1996. TRD-9613649 Robert E. Shaddock General Counsel Texas Department of Transportation Filed:September 18, 1996