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 Quarantine Administrative Penalty Matrix The Texas Agriculture Code (the Code) at Chapter 71, General Control, provides for the establishment of quarantines against dangerous insect pests and plant diseases at the boundaries of the state or in other areas within the state. These quarantine regulations are found in Title 4, the Texas Administrative Code, Chapter 19. The department's authority for the enforcement of Chapter 71 is found in the Code, sec.12.020, whereby the department may assess administrative penalties up to $2,000 for each violation. Each day a violation continues or occurs may be considered a separate violation for purposes of penalty assessments. The department has developed the following penalty matrix to ensure that the administrative enforcement actions are fair, uniform, consistent, and appropriate. The matrix is effective upon publication. This matrix is based upon 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. An administrative penalty may be levied: a) if there is a violation of a stop-sale order; b) if there is a violation of a compliance agreement; c) if a certificate, stamp, or permit is altered or used inappropriately; or d) in the case of a repeat offense for any of the above violations. For each type of offense, there is a penalty range for violations. The ranges were established by considering the following criteria set forth in the Code, sec.12.020: (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 and 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. Depending upon the violation, the hazard or potential hazard to the horticultural or agricultural community, or to the health or safety of the public will be considered on a case by case basis. Subject to the nature and circumstances of the violation, a penalty may be probated or adjusted as justice may require. The low end of each range is the presumptive base penalty for each violation, and represents an appropriate penalty for the violations which are considered "minor" with respect to the criteria in the Code, sec.12.020. Penalties may be increased to the maximum within each range as the department considers the nature and circumstances of each violation in the context of the criteria in sec.12.020(d) of the Code. [graphic] Issued in Austin, Texas, on October 10, 1996. TRD-9614836 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: October 10, 1996 Office of the Attorney General Texas Clean Air Act Enforcement Settlement Notice Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. The Texas Health and Safety Code, sec.382.096 provides that before the State may settle a judicial enforcement action under the Clean Air Act, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Clean Air Act. Case Title and Court: Harris County and State of Texastype-name="italic"> v. Elf Atochem North America, Inc., Cause Number 96-479893, In the 157th District Court, Harris County, Texas. Nature of Defendant's Operations: Elf Atochem owns and operates a specialty chemical plant that produces organic peroxides, located at 1800 Crosby Eastgate Road, Crosby, Harris County, Texas. The plant includes a multi purpose unit containing a spent sulfuric acid treatment tank where sulfuric acid is treated with sulfur dioxide prior to off-site regeneration and recycling. This action commenced after an explosion and alleged release of sulfuric acid at the Crosby facility. Proposed Agreed Judgment: The Agreed Final Judgment calls for Elf Atochem to install an emergency notification system to alert all residences within one mile of the facility in case of a major upset, such installation to be completed by December 31, 1996. The Agreed Final Judgment also provides for the payment of $17,500 in civil penalties. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Burgess Jackson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered. Issued in Austin, Texas, on October 9, 1996. TRD-9614757 Suzanne Marshall Special Assistant Attorney General Office of the Attorney General Filed: October 9, 1996 Texas Education Agency Correction of Error The Texas Education Agency submitted an Open Meeting Notice for the Continuing Advisory Committee (CAC) for Special Education. The notice appeared in the September 27, 1996, issue of the type-name="italic">Texas Register (21 TexReg 9291). On page 9291, two errors as published appeared. On line 4 of the agenda, the phrase "finds from the regional meetings survey" should read "findings from the regional meetings survey.". Also, the last phrase of the agenda's first paragraph is missing a comma between "statewide reading initiative" and "old business." Notices of Pubic Hearing The Region 1 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Tuesday, October 29, 1996, 7:00 p.m. to 9:00 p.m., at the Science Academy High School Cafeteria, 1900 Med High Drive, Mercedes, Texas. Registration will be taken on site on a first-come, first-served basis. Testimony will be limited to a maximum of five minutes. Speakers are required to submit a written copy of their testimony. For additional information, individuals may contact Ellen M. González at the Region 1 Education Service Center, 1900 West Schunior, Edinburg, Texas 78539, (210) 383-5611. Issued in Austin, Texas, on October 14, 1996. TRD-9614944 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 2 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Tuesday, October 22, 1996, 5:00 p.m. to 8:00 p.m., at the Region 2 Education Service Center, Room 128, 209 North Water Street, Corpus Christi, Texas. Individuals who wish to register in advance may call Betty Powell at the Region 2 Education Service Center at (512) 883-9288, extension 2270. Testimony will be limited to a maximum of five minutes. Written testimony will also be accepted. For additional information, individuals may contact Betty Powell or Gerry Reeves at the Region 2 Education Service Center, 209 North Water Street, Corpus Christi, Texas 78401, (512) 883-9288. Issued in Austin, Texas, on October 14, 1996. TRD-9614945 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 3 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Monday, October 28, 1996, 7:00 p.m. to 9:00 p.m., at the Stroman High School Auditorium, 3002 East North Street, Victoria, Texas. Registration will be taken on site. Testimony will be limited to a maximum of five minutes. Speakers are encouraged to submit a written summary of their testimony. For additional information, individuals may contact Charlotte Baker at the Region 3 Education Service Center, 1905 Leary Lane, Victoria, Texas 77901, (512) 573-0731. Issued in Austin, Texas, on October 14, 1996. TRD-9614946 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 5 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Monday, October 28, 1996, 6:30 p.m. to 8:30 p.m., at the Port Neches-Groves High School Auditorium, 1401 Merriman Street, Port Neches, Texas. Registration will be taken on site on a first-come, first-served basis. Testimony will be limited to three to five minutes per speaker. Written testimony is optional. For additional information, individuals may contact Susan Gordon, Region 5 Education Service Center, 2295 Delaware Street, Beaumont, Texas 77703, (409) 838-5555. Issued in Austin, Texas, on October 14, 1996. TRD-9614947 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 6 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Tuesday, October 22, 1996, 7:00 p.m. to 9:00 p.m., at the Huntsville High School Auditorium, 441 FM 2821 East, Huntsville, Texas. Registration will be taken on site on a first-come, first-served basis. Based on the number of speakers, testimony will be limited to three to five minutes. Speakers are encouraged to submit a written copy of their testimony. For additional information, individuals may contact Sandra Nolan at the Region 6 Education Service Center, 3332 Montgomery Road, Huntsville, Texas 77340, (409) 295-9161. Issued in Austin, Texas, on October 14, 1996. TRD-9614948 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 8 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Monday, October 28, 1996, 7:00 p.m. to 9:00 p.m., at the Mount Pleasant High School Cafeteria, 2110 North Edwards, Mount Pleasant, Texas. For additional information, individuals may contact Judy Caskey at the Region 8 Education Service Center, 2230 North Edwards, Mount Pleasant, Texas 75456, (903) 572-8551. Issued in Austin, Texas, on October 14, 1996. TRD-9614949 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 10 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Wednesday, October 23, 1996, 7:00 p.m. to 9:00 p.m., at the Berkner High School Auditorium, 1600 East Spring Valley Road, Richardson, Texas. For additional information, individuals may contact Melinda Shipman at the Region 10 Education Service Center, 400 East Spring Valley Road, Richardson, Texas 75083-1300, (972) 231-6301, extension 346. Issued in Austin, Texas, on October 14, 1996. TRD-9614950 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 11 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Monday, October 28, 1996, 6:30 p.m. to 8:00 p.m., at the Brewer High School Library, 1000 South Cherry Lane, White Settlement, Texas. For additional information, individuals may contact Kay Jacoby at the Region 11 Education Service Center, 3001 North Freeway, Fort Worth, Texas 76106-6596, (817) 740-3619. Issued in Austin, Texas, on October 14, 1996. TRD-9614951 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 12 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Tuesday, October 29, 1996, 5:30 p.m. to 7:00 p.m., at the La Vega High School Auditorium, 555 North Loop 340, Waco, Texas. Individuals who wish to register in advance may call Carolyn Hill at (817) 666-0707, extension 295. Registration will also be taken on a first-come, first-served basis beginning at 5:15 p.m. on October 29, 1996, at the La Vega High School Auditorium. Testimony will be limited to a maximum of five minutes. Speakers are encouraged to submit a written copy of their testimony. For additional information, individuals may contact Carolyn Hill at the Region 12 Education Service Center, 2101 West Loop 340, Waco, Texas 76702-3409, (817) 666-0707. Issued in Austin, Texas, on October 14, 1996. TRD-9614952 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 13 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Thursday, October 24, 1996, 6:00 p.m. to 8:00 p.m., at the San Marcos High School Auditorium, Seguin Highway 123, San Marcos, Texas. For additional information, individuals may contact Luke Martin at the Region 13 Education Service Center, 5701 Springdale Road, Austin, Texas 78723- 3674, (512) 919-5311. Issued in Austin, Texas, on October 14, 1996. TRD-9614953 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 14 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Monday, October 21, 1996, 6:00 p.m. to 8:00 p.m., at the Abilene High School West Cafeteria, North 6th and Mockingbird Streets, Abilene, Texas. Persons interested in presenting testimony may register by contacting Lee Nell Gann at (915) 675-8637. Registration will also be taken at the hearing. Presenters will be limited to a five minute presentation. Special groups are required to select one presenter. Testimony will be provided in the order of registration. Presenters are required to submit a written summary of their testimony before testimony begins. For additional information, individuals may contact Lee Nell Gann at the Region 14 Education Service Center, 1850 Highway 351, Abilene, Texas 79601-4750, (915) 675-8637. Issued in Austin, Texas, on October 14, 1996. TRD-9614954 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 15 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Monday, October 28, 1996, 6:30 p.m. to 8:30 p.m., at the Central High School Cafeteria, 100 Cottonwood, San Angelo, Texas. Individuals interested in providing public testimony are encouraged to register in advance, by calling Judy Meador at (915) 658-6571, extension 158. Registration will also be taken on site. Testimony will be provided in the order of registration. Presenters will be limited to a five minute presentation and are required to submit a written copy of their testimony. For additional information, individuals may contact Judy Meador at the Region 15 Education Service Center, P. O. Box 5199, San Angelo, Texas 76902, (915) 658-6571, extension 158. Issued in Austin, Texas, on October 14, 1996. TRD-9614971 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 16 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Tuesday, October 22, 1996, 7:00 p.m. to 9:00 p.m., Region 16 Education Service Center, 1601 South Cleveland, Amarillo, Texas. For additional information, individuals may contact Vallie Welch at the Region 16 Education Service Center, Panhandle Conference Center, 1601 South Cleveland, Amarillo, Texas 79120-0600, (806) 376-5521 extension 209. Issued in Austin, Texas, on October 14, 1996. TRD-9614956 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 17 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Monday, October 21, 1996, 7:00 p.m. to 9:00 p.m., at the Lubbock High School Auditorium, 2002 19th Street, Lubbock, Texas. For additional information, individuals may contact Mike Peebles at the Region 17 Education Service Center, 1111 West Loop 289, Lubbock, Texas 79416- 5029, (806) 792-4000 extension 812. Issued in Austin, Texas, on October 14, 1996. TRD-9614957 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 18 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Tuesday, October 29, 1996, 6:00 p.m. to 8:00 p.m., at the Odessa High School Library, 1301 North Dotsy, Odessa, Texas. Registration will be taken on site on a first-come, first-served basis. Presenters will be limited to a three minute presentation and are required to provide a written copy of their testimony at the hearing. For additional information, individuals may contact Marie Lambert at the Region 18 Education Service Center, P. O. Box 60580, Midland, Texas 79711-0581, (915) 563-2380. Issued in Austin, Texas, on October 14, 1996. TRD-9614958 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 19 Education Service Center will hold a public hearing to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearing will be held on Wednesday, October 23, 1996, 6:30 p.m. to 9:00 p.m., at the Eastwood High School Auditorium, 2430 McRae, El Paso, Texas 79925. For additional information, individuals may contact Pam Padilla at the Region 19 Education Service Center, 6611 Boeing Drive, El Paso, Texas 79997- 9990, (915) 774-5307. Issued in Austin, Texas, on October 14, 1996. TRD-9614959 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 The Region 20 Education Service Center will hold three public hearings to solicit testimony from the public on the draft of the Texas essential knowledge and skills. The hearings will be held on Thursday, October 24, 1996, 7:00 p.m. to 9:00 p.m. at the following locations: Holmes High School Auditorium, 6500 Ingram Road, San Antonio, Texas. Burbank High School Auditorium, 1002 Edwards Street, San Antonio, Texas. Boerne High School Cafeteria, 124 Johns Road, Boerne, Texas. Registration will be taken in advance on a first-come, first-served basis, by calling (210) 299-2465, Monday through Friday, 8:00 a.m. to 5:00 p.m. Registration will be taken on site the day of the hearing if time slots are still available. Presenters are limited to a five minute presentation and are required to bring a written copy of their testimony. For additional information, individuals may contact Ed Vara at the Region 20 Education Service Center, 1314 Hines Avenue, San Antonio, Texas 78208-1899, (210) 299-2465. Issued in Austin, Texas, on October 14, 1996. TRD-9614960 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: October 14, 1996 Edwards Aquifer Authority Notice of Extension of Comment Period The Edwards Aquifer Authority (Authority) proposed new Chapter 721 (subchapters A through I) on September 3, 1996, which consisted of critical period management rules designed to reduce water withdrawals from the Edwards Aquifer within the jurisdictional boundaries of the Authority. The Authority proposed these new rules in order to establish regionwide restrictions on water use from the Edwards Aquifer in a manner that is both effective and equitable to the diverse users who rely on the aquifer. These new sections are proposed under the Edwards Aquifer Authority Act, sec.1.11, chapter 626, 73rd Legislature, Regular Session (1993), as amended by chapter 621, 74th Legislature, Regular Session, 1995 (the Act, sec.sec.1.08, 1.11, 1.17, 1.26, 1.29, 1.36, 1.38, 1.40 and 1.41; the Texas Water Code, sec.36.101, which require the Edwards Aquifer Authority to adopt rules necessary to carry out the authority's powers and duties; and sec.3.03 of the Demand Management Rules previously promulgated by the Edwards Underground Water District, the Authority's predecessor agency. The proposed sections implement the Edwards Aquifer Authority Act, chapter 626, 73rd Legislature, Regular Session (1993), as amended by chapter 621, 74th Legislature, Regular Session (1995), sec.sec.1.08, 1.11, 1.14, and 1.26. The Authority's rulemaking powers are subject to the Administrative Procedures Act, Texas Government Code, chapter 2001. The Edwards Aquifer Authority Board, working through an Ad Hoc Critical Period Management Committee, has developed a plan and proposed rules designed to address the use of Edwards Aquifer water during critical periods. The Authority has extended the comment period on these rules until November 4, 1996. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 12, 1996. TRD-9614842 Rick Illgner General Manager Edwards Aquifer Authority Filed: October 11, 1996 General Services Commission Notice of Request for Proposal Notice is hereby given to all interested parties that pursuant to V.T.C.A., Government Code, Title 10, Subtitle D, Chapter 2166, the General Services Commission is soliciting proposals for the potential purchase of a building site or sites in El Paso County, Texas, with a minimum of 50,000 square feet of contiguous land. The commission will evaluate the proposals in accordance with the criteria outlined in a Request for Proposals. The Request for Proposals containing all the requirements necessary for an appropriate response may be obtained on and after October 18, 1996, from Steve Huber at (512) 475-2379. All responses must be received in a sealed envelope no later than 3:00 p.m., Central Standard Time, on November 19, 1996, at the following address: General Services Commission, Central Services Building, Room 176, 1711 San Jacinto, P. O. Box 13047, Austin, TX 78711-3047, Attention: Barbara Hawn. Issued in Austin, Texas, on October 14, 1996. TRD-9614938 Judy Ponder General Counsel General Services Commission Filed: October 14, 1996 Texas Department of Health Correction of Time for Scheduled Public Hearing on Rules Concerning Medical Radiologic Technologist Certification The public hearing scheduled to be held on October 23, 1996, at St. David's Medical Center, 919 East 32nd Street, Austin, Texas, has been changed from 5:30 p.m. to 6:00 p.m. This public hearing concerns proposed rules published in the October 1, 1996, issue of the type-name="italic">Texas Register (21 TexReg 9400). Issued in Austin, Texas, on October 9, 1996. TRD-9614789 Susan K. Steeg General Counsel Texas Department of Health Filed: October 9, 1996 Notice of an Additional Public Hearing Scheduled on Rules Concerning Medical Radiologic Technologist Certification An additional hearing has been scheduled for Tuesday, October 29, 1996, at 6:00 p.m. at the Del Mar College, East Campus, E. L. Harvin Center, Retama Room - 2nd floor, Corner Retama and Ayers, Corpus Christi, Texas. This is in addition to the hearings published in the October 1, 1996, issue of the type-name="italic">Texas Register (21 TexReg 9400), concerning proposed rules. The contact person at Del Mar College is Patricia Paris at (512) 886- 1102. Issued in Austin, Texas, on October 9, 1996. TRD-9614790 Susan K. Steeg General Counsel Texas Department of Health Filed: October 9, 1996 Notice of Emergency Impoundment Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Maples Chiropractic of Fort Worth to immediately surrender to the bureau for impoundment all sources of radiation that were possessed under the facility's certificate of registration-R16256. The registration was revoked by the bureau on July 11, 1996. The order was issued because the registrant's continued use of unregistered equipment and the failure to comply with the Order of Revocation by not disabling or disposing of the x-ray equipment constitute an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until the bureau has received, reviewed and approved the actions taken by the registrant to properly register all of the x-ray equipment. 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 October 11, 1996. TRD-9614919 Susan K. Steeg General Counsel Texas Department of Health Filed: October 11, 1996 Notice of Rescission of Order Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health, rescinded the following order: Emergency Cease and Desist Order issued September 17, 1996, to Stuart M. Brown, M.D., P.A., 1450 Preston Forest Square, Suite 281, Dallas, Texas 75230, holder of Certificate of Registration Number-unregistered. 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 October 11, 1996. TRD-9614920 Susan K. Steeg General Counsel Texas Department of Health Filed: October 11, 1996 Public Hearing for Contract Between Texas Department of Health and Health Maintenance Organizations The Texas Department of Health, the Texas Health and Human Services Commission, and the Texas Department of Mental Health and Mental Retardation will hold a public hearing on November 6, 1996, at 10:30 a.m., to accept public comments regarding the provisions of the contract between the Texas Department of Health and health maintenance organizations regarding delivery of health care services to Medicaid clients. The hearing will be held at the Texas Department of Health, Moreton Building, Board Room M-739, 1100 West 49th Street, Austin, Texas 78756. Interested parties may obtain a copy of the contract by contacting Doug Odle, Bureau of Managed Care, Texas Department of Health at (512) 794-6884. Issued in Austin, Texas, on October 11, 1996. TRD-9614921 Susan K. Steeg General Counsel Texas Department of Health Filed: October 11, 1996 Texas Department of Housing and Community Affairs Notice of Public Hearing for the Texas Department of Housing and Community Affairs Single Family Mortgage Revenue Refunding Bonds 1996 Series D and E Notice is here by given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 507 Sabine Street, Room 434, Austin, Texas, at 10:00 a.m. on Friday, November 1, 1996, with respect to an issue of single family mortgage revenue bonds (the "Bonds") to be issued in one or more series in an aggregate face amount of not more than $175,000,000 by the Department. A portion of the proceeds of the Bonds will be used to finance an estimated 1500 single family residential mortgage loans made to eligible very low, low and moderate income first-time home buyers for the purchase of homes located within the State of Texas. Approximately $14,685,000 of the funds are being made available as a result of the refunding of the Department's Single-Family Mortgage Revenue Refunding Tax-Exempt Commercial Paper Notes, Series B. A portion of the proceeds of the Bonds will be used to pay the redemption price of all the Texas Housing Agency's (predecessor in function to the Department) Single Family Mortgage Revenue Bonds 1985 Series C and 1986 Series B. For purpose of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two person, 100% (120% in certain targeted areas) of the area median income. The Department anticipates setting aside approximately 40% of the funds made available for borrowers of low and very low income for approximately one year. In addition, substantially all of the borrowers under the programs will be required to be persons who have not owned a principal residence during the preceding three years. Further, residences financed with loans under the programs will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to applicable federal law and Department policy. All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance off the Bonds. Questions or requests for additional information may be directed to Tammy Novak at the Texas Department of Housing and Community Affairs, 507 Sabine Street, 8th Floor, Austin, Texas 78701; (512) 475-4573. Persons who intend to appear at the hearing and express their view are invited to contact Tammy Novak in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Tammy Novak prior to the date scheduled for the hearing. This notice is published and the above-described hearing is to be held in satisfaction of the requirements of sec.147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption from federal income taxation of the interest on the Bonds. Individuals who require auxiliary aids for this meeting should contact Aurora Carvajal, ADA Responsible Employee, at (512) 475-3822, or Relay Texas at 1-800-735-2989 at least two days before the meeting so that the appropriate arrangements can be made. Issued in Austin, Texas, on October 14, 1996. TRD-9614941 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: October 14, 1996 Texas Department of Human Services Correction of Error The Texas Department of Human Services (TDHS) submitted a miscellaneous submission regarding Open Solicitation for Upton County that was published in the October 4, 1996, issue of the type-name="italic">Texas Register (21 TexReg 9683). The last day of the open solicitation period and primary selection date were incorrect. The written reply must be received by TDHS by 5:00 p.m., November 4, 1996, the last day of the open solicitation period. The primary selection process will be completed on November 14, 1996. Texas Department of Insurance Correction of Error The Texas Department of Insurance proposed new sec.sec.11.1801-11.1805. The rules were published in the October 1, 1996, issue of the type- name="italic"> Texas Register (21 TexReg 9407). The agency inadvertently referenced Subchapter R, it should read "Subchapter S". Notice The Commissioner of Insurance, or his designee, will consider approval of a request submitted by Hartford Insurance Company of the Midwest proposing to use rating manual rules different than that promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, sec.3(l). They are proposing certain credits and discounts for homeowners insurance consisting of a Renewal Credit ranging from 0% credit for new business to 5% credit for renewal business five years old or greater; a Limited Access Credit for building where access is limited due to the presence of a guard; and a 8% credit for automatic sprinklers located in all areas including bathrooms, attics, closets, or attached structures, in addition to a 6% credit for sprinklers located in all areas except those listed above. 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 David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, at the Texas Department of Insurance, MC 104-5A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice. Issued in Austin, Texas, on October 11, 1996. TRD-9614831 Robert Carter Assistant General Counsel Texas Department of Insurance Filed: October 10, 1996 Notice of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2259 scheduled for November 19, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to amend Rule 74.E.3., Drug and alcohol driving awareness training credits. Staff's petition (Ref. Number A-1096-40-I) was filed on October 8, 1996. Manual Rule 74.E.3. requires a 5% credit for certain coverages on an auto for which the principal operator has successfully completed a drug and alcohol driving awareness course that meets certain standards. One standard is that the Texas Commission on Alcohol and Drug Abuse (TCADA) must certify the organization sponsoring the course as well as any instructor teaching the course. Another standard is that the course must be approved by TCADA. TCADA advises that it will be unable to continue the above functions much longer, so Manual Rule 74 needs to be amended accordingly. Texas A & M University, Safety Education Program is willing to take over these functions. Therefore, Staff proposes substitution of that entity's name for the references to TCADA in Rule 74.E.3.a., subsections (1) and (3). Also in Rule 74.E.3.a., Staff proposes changing the word "photostat" to "photocopy." In that same paragraph, and in the caption, the words "alcohol" and "drug" would be reversed to be consistent with TCADA's nomenclature. In Rule 74.E.3.c., Staff proposes elimination of a split infinitive by moving the word "again" to follow the words "to qualify." An additional matter concerns Manual Rule 74.E.3.d., which refers to "DWI or DUI." Under current statutes, there is no offense referenced as "DUI" or "Driving under the influence...." Therefore, Staff proposes deletion of the words "or DUI" in the two places they appear in Rule 74.E.3.d. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. Number A-1096-40-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 11, 1996. TRD-9614851 Robert Carter Assistant General Counsel Texas Department of Insurance Filed: October 11, 1996 Notice of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2258 scheduled for November 19, 1996, at 10:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), Rule 74.I., to set the amount of the optional Academic Achievement Discount. Staff's petition (Ref. Number A-1096-39-I) was filed on October 8, 1996. Staff proposes that a credit of 10% be adopted as the optional discount to be available under Manual Rule 74.I, Academic Achievement Discount. The Insurance Code, Article 5.03-3 provides an insurer may grant a discount for certain automobile insurance premiums for academic achievement if necessary qualifications are met. Article 5.03-3 provides the "commissioner by rule shall set the amount of the discounts applicable under this article..." Commissioner's Order Number 95-1107, issued October 25, 1995, amended Rule 74 by adding section I regarding the Academic Achievement Discount, but anticipated the amount of the discount would be determined in "Private Passenger and Commercial Auto Benchmark Rates," Docket Number 454-95-1218.G. Although the Commissioner requested evidence on this issue in the notice (20 TexReg 7784) for that Benchmark Rate Hearing, no such evidence was presented. TDI's Technical Analysis Division received data from Insurance Services Office, Inc. (ISO), regarding the Academic Achievement Discount. The data contains charts that depict exposures, pure premiums, and relativities to younger drivers who were not eligible for the discount. These tables list the experience of both married and unmarried males (ages 17-24) and females (ages 21-24), respectively. This data was reviewed and analyzed by Technical Analysis. The ISO data assisted Technical Analysis in determining that a credit of 10% would be the appropriate Academic Achievement Discount. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. Number A-1096-39-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 11, 1996. TRD-9614852 Robert Carter Assistant General Counsel Texas Department of Insurance Filed: October 11, 1996 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for incorporation in Texas of Allendale, Inc., (doing business under the assumed name of The Advanced Financial Group), a domestic third party administrator. The home office is Lufkin, Texas. Application for incorporation in Texas of Members Plan Administrators, Inc., a domestic third party administrator. The home office is Houston, Texas. Application for incorporation in Texas of Greater Houston Health Network, a domestic third party administrator. The home office is Houston, Texas. Application for admission to Texas of International Corporate Marketing Group, Inc., a foreign third party administrator. The home office is Hartford, Connecticut. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on October 11, 1996. TRD-9614830 Robert Carter Assistant General Counsel Texas Department of Insurance Filed: October 10, 1996 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of Benefit Coordinators Corporation, a foreign third party administrator. The home office is Pittsburgh, Pennsylvania. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on October 11, 1996. TRD-9614829 Robert Carter Assistant General Counsel Texas Department of Insurance Filed: October 10, 1996 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing The Texas Department of Mental Health and Mental Retardation will hold a public hearing at 10:00 a.m., Friday, November 1, 1996, in Room 240 of the TDMHMR Central Office (Building 2) at 909 West 45th Street in Austin, Texas. The purpose of this hearing will be to accept oral and written testimony concerning proposed new department rules governing health, safety, and rights in community-based mental retardation programs (Chapter 408, Subchapter E). A copy of the proposed rules may be requested from the department's Office of Policy Development, P. O. Box 12668, Austin, Texas 78711 or by calling (512) 206-4516. Individuals requiring an interpreter for the hearing impaired should contact the Office of Policy Development, by calling (512) 206-4516 at least 72 hours prior to the hearing. Issued in Austin, Texas, on October 9, 1996. TRD-9614850 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: October 11, 1996 Texas Natural Resource Conservation Commission Notice of Application for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of August 23, 1996 thru August 28, 1996. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of this notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after newspaper 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. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. CNP UD, The wastewater treatment facilities are on the south bank of Cypress Creek approximately 2,700 feet west of Interstate Highway 45 in Harris County, Texas, renewal, 11239-01 FREDERICK E. WAGNER, The wastewater treatment facilities are north of Old Humble Road approximately 500 feet east of U.S. Highway 59 in Harris County, Texas, renewal, 11145-01 MAMIE DELL BAKER, The wastewater treatment facilities are 1,500 feet west and 3,300 feet north of the intersection of U.S. Highway 80 and State Highway 154 in Harrison County, Texas, renewal, 12962-01 TOWN OF RANSOM CANYON, The wastewater treatment facilities are approximately 1.2 miles west of Farm-to-Market Road 400 and approximately 4.8 miles south of Farm-to-Market Road 40, east of the City of Lubbock in Lubbock County, Texas, renewal, 10778-01 VALERO REFINING COMPANY, The applicant operates a petroleum refinery, The plant site is at 5900 Up River Road in the City of Corpus Christi in Nueces County, Texas, amendment, 01909 Issued in Austin, Texas, on October 11, 1996. TRD-9614891 Mamie M. Black Chief Clerk Texas Natural Resource Conservation Commission Filed: October 11, 1996 Notice of Application to Appropriate Public Waters of the State of Texas The following notices of application for permits to appropriate Public Waters of the State of Texas were issued during the period September 25, 1966 through October 11, 1996. ROBERT THOMAS PERRY and wife, JULIA LUCILE WOOD PERRY; Application Number 4575A to amend Permit Number 4248. Water Use Permit Number 4248 was issued on September 30, 1985 and authorized permittees to maintain an existing dam and reservoir on an unnamed tributary of Sunstroke Creek, tributary of Harris Creek, tributary of the Sabine River, Sabine River Basin, and impound therein not to exceed 7.5 acre-feet of water. The permit also authorized diversion and use of not to exceed 17 acre- feet of water per annum from two diversion points, one on the perimeter of the aforesaid reservoir at a maximum rate of 0.20 cfs (125 gpm) and the other at a point on either bank of a separate unnamed tributary of Sunstroke Creek at a maximum rate of 0.20 cfs (125 gpm). The first diversion point is used to irrigate a maximum of 35 acres of land located approximately 10 miles northeast of Tyler in Smith County, Texas. The second diversion point is used to supplement the water in the reservoir for subsequent irrigation. The permit includes a time priority of June 4, 1985. Commission records show ownership of the water right as follows: (1) Robert Perry, et ux: Impoundment of 7.5 acre- feet and diversion and use of 15.185 acre-feet of water for irrigation of 31.26 acres out of an 83.687 acre tract; (2) Joe Nelson, II, et ux: Diversion and use of 1.815 acre-feet of water for irrigation of 3.74 acres out of a 10 acre tract. Applicants seek to amend this permit by: (1) increasing their total annual diversions from the perimeter of the reservoir and from the separate unnamed tributary from 15.185 acre-feet to an amount not to exceed 115.185 acre- feet of water in total; (2) increasing the size of the reservoir from 7.5 acre-feet to 22.1 acre-feet; and (3) increasing the maximum diversion rate from both diversion points to 2000 gpm (4.45 cfs). RANDY M. TRAYLOR ET UX CRYSTAL D. WOLF; Application Number 5557 for a permit to divert and use 500 acre-feet of water per annum from the North Bosque River, tributary of the Bosque River, tributary of the Brazos River, Brazos River Basin. Diverted water would be used to irrigate 200 acres of land located approximately 9 miles southeast of Stephenville in Erath County, Texas. Water would be diverted from the North Bosque River at a maximum rate of 3.3 cfs (1500 gallons per minute). Applicants request to divert this water anywhere on the river between the property boundaries. PARIS GOLF AND COUNTRY CLUB; Application Number 5558 to divert and use 220 acre-feet of water per annum from Sixmile Creek, tributary of Pine Creek, tributary of the Red River, Red River Basin. Water would be diverted into an existing off- channel reservoir and used to irrigate 55 acres of land (golf course) within three tracts totaling 137 acres in Lamar County, approximately four miles northeast of Paris, Texas. The reservoir would have a surface area of 1.57 acres and a capacity of 9.42 acre-feet. Water would be diverted at a maximum rate of .6 cfs (265 gallons per minute) from Sixmile Creek. This permit, if granted, would be subject to the obligations of the State of Texas pursuant to the terms of the Red River Compact. The Executive Director may approve these applications unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC within 30 days after newspaper publication of the notice of application. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the application number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; and (5) the location of your property relative to the applicant's operations. If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. 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 must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087, telephone (512) 239-3315. Issued in Austin, Texas, on October 11, 1996. TRD-9614892 Mamie M. Black Chief Clerk Texas Natural Resource Conservation Commission Filed: October 11, 1996 Notices of Public Hearing Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code Annotated, sec.382.017 (Vernon's 1992), and Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding a petition by 3M Company for approval of alternate control requirements under 30 TAC Chapter 115, Subchapter G, sec.115.613(c), concerning Alternate Control Requirements. Approval would authorize 3M to develop, test, and market two spray adhesive products by July 1, 1997, and delay compliance with the volatile organic compound emission limits in sec.115.612(a)(1) of the Chapter 115 consumer products rule. A public hearing on this proposal will be held in Austin on November 15, 1996, at 10:00 a.m. in Building F, Room 5108 at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle, Austin. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments may be mailed to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 96152-115-AI. Comments must be received by 5:00 p.m. November 18, 1996. For further information, please contact Mike Magee, Air Policy and Regulations Division, (512) 239-1511. 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 October 10, 1996. TRD-9614806 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: October 10, 1996 Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code Annotated, sec.382.017 (Vernon's 1992); Texas Government Code Annotated, Subchapter B, Chapter 2001 (Vernon's 1993); and 40 Code of Federal Regulations, sec.51.102, of the United States Environmental Protection Agency regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 114 and to the SIP. The proposed revision to sec.114.3 revises the definition of primarily operated to specify that the vehicle emissions inspection requirements apply to vehicles operated at least 60 calendar days of the year within a core program area rather than 60 continuous days. A public hearing on this proposal will be held in Austin on November 19, 1996, at 10:00 a.m. in Building F, Room 2210, at the Texas Natural Resource Conservation Commission complex, located at 12100 North IH-35, Park 35 Circle, Austin. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing. Written comments may be mailed to Heather Evans, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 96166-114-AI. Comments must be received by 5:00 p.m., November 21, 1996. For further information, please contact Thomas Ortiz, Air Policy and Regulations Division, (512) 239- 1054. 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 October 10, 1996. TRD-9614805 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: October 10, 1996 Public Utility Commission of Texas Notice of Intent to File Pursuant to Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of a 30 station addition to the existing PLEXAR-Custom Service for Cameron County in Brownsville, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for a 30 Station Addition to Existing PLEXAR-Custom Service for Cameron County in Brownsville, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16506. The Application. Southwestern Bell Telephone Company is requesting approval for a 30 station addition to an existing PLEXAR-Custom service for Cameron County in Brownsville, Texas. The geographic service market for this specific service is the Brownsville, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936- 7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614924 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Notice of Intent to File Pursuant to Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of a new PLEXAR-Custom Service for Lucent Technologies in Richardson, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Lucent Technologies in Richardson, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16509. The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Lucent Technologies in Richardson, Texas. The geographic service market for this specific service is the Dallas, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936- 7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614925 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Notice of Intent to File Pursuant to Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on October 18, 1996, pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of a customer-specific contract for billing and collection services with Business Discount Plan, Inc. Tariff Title and Number: Application of Southwestern Bell Telephone Company for Approval of a Customer-Specific Contract for Billing and Collection Services with Business Discount Plan, Inc., pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16511. The Application: Southwestern Bell Telephone Company seeks approval of a customer-specific billing and collection services contract with Business Discount Plan, Inc. The services pursuant to the customer-specific contract will be offered anywhere within the state of Texas where Business Discount Plan, 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, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936- 7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614926 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Notice of Intent to File Pursuant to Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application on October 14, 1996, pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of a customer-specific contract renewal for billing and collection services with CommuniGroup of K.C., Inc. d/b/a CGI. Tariff Title and Number: Application of Southwestern Bell Telephone Company for Approval of a Customer-Specific Contract Renewal for Billing and Collection Services with CommuniGroup of K.C., Inc. d/b/a CGI, pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16505. The Application: Southwestern Bell Telephone Company seeks approval of a customer-specific billing and collection services renewal contract with CommuniGroup of K.C., Inc. d/b/a CGI. The services pursuant to the customer- specific contract will be offered anywhere within the state of Texas where Business Discount Plan, 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, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936- 7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614927 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Notice of Intent to File Pursuant to Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of an 89 station addition to the existing PLEXAR-Custom Service for the City of Fort Worth in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for 89 Station Addition to Existing PLEXAR-Custom Service for the City of Fort Worth in Fort Worth, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16510. The Application. Southwestern Bell Telephone Company is requesting approval for an 89 station addition to the existing PLEXAR-Custom service for the City of Fort Worth in Fort Worth, Texas. The geographic service market for this specific service is the Dallas, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936- 7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614928 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Notice of Intent to File Pursuant to Substantive Rule sec.23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for approval of new PLEXAR-Custom Service for Texas Tech University in Odessa, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for New PLEXAR-Custom Service for Texas Tech University in Odessa, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 16488. The Application. Southwestern Bell Telephone Company is requesting approval for a new customer-specific tariff for PLEXAR-Custom service for Texas Tech University in Odessa, Texas. The geographic service market for this specific service is the Midland, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936- 7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614929 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Notice of Intent to File Pursuant to Substantive Rule sec.23.94 Notice is given to the public of the filing with the Public Utility Commission of Texas an application on September 30, 1996, pursuant to P.U.C. SUBSTANTIVE RULE 23.94 for approval to offer new services and modify existing services. Tariff Title and Number: Application of Five Area Telephone Cooperative, Inc. for Approval of New Optional Service Offerings Pursuant to P.U.C. SUBSTANTIVE RULE 23.94. Tariff Control Number 16481. The Application: Five Area Telephone Cooperative, Inc. seeks approval to offer Directory Assistance; Teen Saver; Recorded Announcement; Call Forwarding, No Answer; and Call Forwarding, No Answer and Busy Line and modify existing Teen Service and Toll Denial Service. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936- 7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614923 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Notice of Joint Petition for EAS Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint petition on September 25, 1996, seeking approval of one-way, optional, Extended Area Service (EAS) to the to the Houston Metropolitan area pursuant to P.U.C. SUBSTANTIVE RULE 23.49(b)(8). Project Title and Number: Joint Petition of Southwestern Bell Telephone Company (SWB), the Governmental Representatives of the Communities Comprising the Houston Metropolitan Area, and Certain Independent Local Exchange Companies to provide one-way optional Extended Area Calling Service (EAS) to the Houston Metropolitan Area, Project Number 16479. The Joint Petition: SWB requested approval to offer EAS in the form of one-way, optional, toll-free local calling to the Houston Metropolitan area. EAS is a optional one-way offering to which subscribing SWB residence and business local exchange customers within the Houston Calling Area will be able to call all other telephone customers within the Houston calling area for a flat monthly rate. Customers will pay flat-rate, monthly additives in addition to their tariffed basic local exchange charges. New customers placing order for EAS at the same time they order local exchange service will not be billed the connection charge; however, all other appropriate tariffed service connection charges will be applicable. Customers of EAS will not be required to change their telephone numbers. The joint applicants have requested that the joint petition filing be processed administratively pursuant to P.U.C. SUBSTANTIVE RULE 23.49(b)(8)(C). Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission Office of Consumer Affairs at (512)936- 7120 by December 18, 1996. Hearing and speech impaired individuals with text telephones (TTY) may contact the Commission at (512)936-7136. Issued in Austin, Texas, on October 11, 1996. TRD-9614922 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 11, 1996 Requests for Comments The Public Utility Commission of Texas has established a project, Project Number 16279, to investigate the meaning of the phrase "tends to impair or restrict ... competition" which appears in sec.2.216 and sec.3.217 of the Public Utility Regulatory Act of 1995, Tex. Civ. Stat. Ann. art. 1446c-0 (Vernon's Supp. 1996)(PURA95). The Commission, at its open meeting on August 7, 1996, expressed interest in seeking comment on the meaning of the phrase and possibly conducting a public workshop to receive input from interested persons. The Commission has identified certain areas upon which it seeks public comment. Any interested person may file responses to the following questions or general comments on interpretation of the phrase by submitting written comments (18 copies) to Paula Mueller, Secretary of the Commission, P. O. Box 13326, Austin, Texas 78711-3326. Such comments should refer to Project Number 16279 and should be filed by November 22, 1996. PURA95 sec.2.216 and sec.3.317 read as follows: Section 2.216. DISCRIMINATION; RESTRICTION ON COMPETITION. A public utility may not discriminate against any person or corporation that sells or leases equipment or performs services in competition with the public utility, nor may any public utility engage in any other practice that tends to restrict or impair such competition. (emphasis added). Section 3.217. DISCRIMINATION; RESTRICTION ON COMPETITION. A public utility may not discriminate against any person or corporation that sells or leases equipment or performs services in competition with the public utility, nor may any public utility engage in any other practice that tends to restrict or impair such competition. (emphasis added). 1. How should the phrase, "tends to restrict or impair ... competition" be interpreted in a regulatory context? 2. What was the legislative intent underlying including the above-emphasized phrasing in the PURA95 provisions? 3. How does case law contribute to or illuminate the emphasized phrase or key components of the phrase? 4. Should Federal and State statutes and court decisions concerning antitrust violations and anticompetitive activity be considered in determining the meaning of the phrase? 5. Is there a concrete distinction between the meaning (and/or legislative intent) of the word "restrict" from the word "impair?" 6. What are some examples of practices by a public utility that might tend to restrict or impair competition? 7. Should the Commission develop a rule listing specific activities that it finds are per se violations of PURA95 sec.2.216 and sec.3.217 and therefore prohibited, or should the Commission apply the PURA95 provisions on a case-by-case basis? 8. If the Commission determines that a public utility has engaged in a practice that tends to restrict or impair competition, what actions can the Commission take to remedy such practices? 9. Are there any other issues that the Commission should consider in determining the proper scope and meaning of sec.2.216 and sec.3.217? Issued in Austin, Texas, on October 11, 1996. TRD-9614812 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 10, 1996 Notice of Application of 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 October 1, 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 West Texas Utilities Company to Amend Certificated Service Area Boundaries within Coke County, Docket Number 16493 before the Public Utility Commission of Texas. The Application: In Docket Number 16493, West Texas Utilities Company requests approval of the application for a service area exception to serve an oil well within Coke County . Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or you may call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing-and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 within 15 days of this notice. Issued in Austin, Texas, on October 9, 1996. TRD-9614770 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 9, 1996 Notice of Application of 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 October 1, 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 West Texas Utilities Company to Amend Certificated Service Area Boundaries within Coke County, Docket Number 16494 before the Public Utility Commission of Texas. The Application: In Docket Number 16494, West Texas Utilities Company requests approval of the application for a service area exception to serve a single residence and two water wells within Coke County . Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or you may call the Commission's Office of Consumer Affairs at (512) 936-7120. Hearing-and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 within 15 days of this notice. Issued in Austin, Texas, on October 9, 1996. TRD-9614771 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 9, 1996 Notice of Joint Petition to Provide Extended Area Service Notice is given to the public of the filing with the Public Utility Commission of Texas of a joint petition on September 9, 1996, seeking approval of Extended Area Service (EAS) to the Beaumont, Port Arthur, Orange and surrounding area exchanges pursuant to P.U.C. SUBSTANTIVE RULE 23.49(b)(8). Project Title and Number: Joint Petition of Southwestern Bell Telephone Company (SWB) and the political subdivisions surrounding the Beaumont, Port Arthur and Orange exchanges to provide two-way mandatory Extended Area Calling Service (EAS) among twenty-one exchanges, comprising the Golden Triangle Calling Area, Project Number 16411. The Joint Petition: SWB requested approval to offer EAS in the form of two-way, mandatory, toll-free local calling to the Beaumont, Port Arthur, Orange and surrounding area exchanges. EAS is a non-optional two-way offering to which subscribing SWB residence and business local exchange customers within the Golden Triangle Calling Area exchanges will be able to call all other telephone customers within the calling area. Customers will pay flat-rate, monthly additives in addition to their tariffed basic local exchange charges not to exceed $3.50 residence per line, and $7.00 business per line. There are no EAS connection charges; however, all other appropriate tariffed service connection charges for basic telephone service will continue to be applicable. Customers of EAS will not be required to change their telephone numbers. SWB customers in the Golden Triangle calling area exchanges will be balloted. If at least 70% of the customers responding in each exchange do not vote in favor of the Golden Triangle area the exchange will be excluded from the agreement. The joint applicants have requested that the joint petition filing be processed administratively pursuant to P.U.C. SUBSTANTIVE RULE 23.49(b)(8)(C). Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512) 936-7120 by December 12, 1996. Hearing and speech impaired individuals with text telephones (TTY) may contact the Commission at (512)936-7136. Issued in Austin, Texas, on October 9, 1996. TRD-9614772 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 9, 1996 Notice of Public Hearing The Public Utility Commission of Texas will hold a public hearing on Wednesday, November 13, 1996, at 10 a.m. at the Commission's offices at 1701 N. Congress Avenue on the issue of requiring further unbundling of local exchange company (LEC) services. PURA 1995 sec.3.452(b) requires the Commission to hold a hearing and adopt an order on the issue of requiring further unbundling of LEC services. At the September 11 Open Meeting, the Commission directed Staff to hold the hearing and seek comments on a Draft Order regarding this issue. The Draft Order was filed by Staff on September 5 and is available at Central Records under Project Number 14959. (Please note that the hearing was originally scheduled to be held on October 16, 1996. However, due to scheduling conflicts, the hearing will now be held on November 13, 1996). Parties attending the hearing should be prepared to comment on the appropriateness of the text of the Draft Order. Following this hearing, Staff will modify the Draft Order, as necessary, based on the feedback received from parties at the hearing and will submit the revised order for Commission approval. Persons who plan to attend the hearing should register with Lucila Etheridge at (512) 936-7259. If you have any questions regarding this matter, please call Meena Thomas at (512) 936-7243 Issued in Austin, Texas, on October 9, 1996. TRD-9614769 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 9, 1996 Railroad Commission of Texas Correction of Errors The Railroad Commission of Texas adopted new sec.sec.13.2501, 13.2504, 13.2507, 13.2510, 13.2513, and 13.2516, sec.sec.13.2601, 13.2607, 13.2613, 13.2619, 13.2625, 13.2631, 13.2634, 13.2637, 13.2640, and 13.2643, sec.sec.13.2701, 13.2704, 13.2710, 13.2716, 13.2719, 13.2722, 13.2725, 13.2728, 13.2731, 13.2734, 13.2737, 13.2740, 13.2743, 13.2746, and 13.2749, sec.sec.13.2004, 13.2007, 13.2016, 13.2025, 13.2031, 13.2040, 13.2043, and 13.2052, and sec.sec.13.2604, 13.2616, 13.2622, and 13.2628, sec.sec.13.2010, 13.2013, 13.2019, 13.2022, 13.2028, 13.2034, 13.2037, 13.2046, and 13.2049, and sec.sec.13.2604, 13.2610, 13.2616, 13.2622, and 13.2628, and sec.sec.13.2701, 13.2704, 13.2710, 13.2716, 13.2719, 13.2722, 13.2725, 13.2728, 13.2731, 13.2734, 13.2737, 13.2740, 13.2743, 13.2746, and 13.2749. The rules appeared in the September 3, 1996, issue of the type-name="italic">Texas Register (21 TexReg 8475 and 8477). Three tables were missing from the Tables and Graphics section. Four tables were published, but the three for sec.sec.13.2513(h), 13.2637(a), and 13.2704(a) were left out. graphic graphic [graphic] On page 8460, first column, thirteenth line from the bottom, ending quotations should be added to the term "company representative." On page 8463, first column, fifth paragraph, the fourth word should be "recommended" instead of "recommending." On page 8464, there should only be one section symbol preceding sec.13.2007. The same error occurred on page 8465 for sec.13.2016, page 8466 for sec.13.2025, page 8467 for sec.13.2031, and page 8477 for sec.13.2622. On page 8464, the definition of "Laabeled" was left out and the definition for "LFL" incorrectly placed immediately following the word "Labeled." The two definitions, as correctly submitted, should be: "Labeled-The attachment to equipment or materials of a label, symbol, or other identifying mark of a nationally recognized testing laboratory or a Category 50 licensee which conducts product evaluation, periodically inspects production of listed equipment or materials, and which publishes its findings in a list indicating that the equipment either meets appropriate standards or has been tested and found suitable for use in a specified manner. LFL-Lower flammabaility limit." On page 8465, the definitions for "PSF," "PSI," and PSIG" are run together immediately following each other, but should be indented on separate lines, as submitted, because they are separate terms with different definitions. On page 8468, the square brackets around the square root symbol should not be printed. The brackets were included, as you instructed, to mark the symbol as requiring a special code, but should have been included in the published text. On page 8470, second column, the subchapter title is incorrect for the listed sections adopted without changes. The correct subchapter title for these sections, as submitted, is "Subchapter G, General Applicability and Requirements." On page 8476, second column, sec.13.2610(b)(5), there is an extra space and a paragraph indention that is misleading because they occur at a subsection reference. The extra line and indention make the subsection reference look like it is the beginning of another subsection. On page 8477, sec.13.2713 was included on the appropriate submission form, but was left off the list of sections adopted without changes. Texas Department of Transportation Extension Deadline for Request for Proposal In the September 17, 1996, issue of the type-name="italic">Texas Register (21 TexReg 9023), the Texas Department of Transportation issued a request for proposals notice for improvements to intercity bus service within Texas. The original deadline for receipt of proposals has been extended from 3:00 p.m. on November 8, 1996 to 3:00 p.m. on November 15, 1996. For further information concerning this notice, interested parties should contact Susan Hausmann, Public Transportation Division, 125 East 11th Street, Austin, Texas 78701-2483, (512) 416-2833. Issued in Austin, Texas, on October 14, 1996. TRD-9614939 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: October 14, 1996 Request for Proposal Notice of Invitation: The Texas Department of Transportation (TxDOT) intends to enter four work type 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. TxDOT is an Equal Employment Opportunity employer, and has established a goal of 20% DBE/HUB participation for these contracts. Request for Proposal Number 44-7RFP5000: Services include design of all structures, site appurtenances, utilities, and provision of construction administration for the upgrade of existing underground tanks and installation of new tanks above and below ground. Projects will range from three to twenty sites. Deadline: A letter of interest notifying TxDOT of the provider's intent to submit a proposal will be accepted by fax at (512) 416-3072, or by hand delivery to TxDOT, General Services Division, 150 East Riverside Drive, Suite 406N, Austin, Texas, Attention: Robert Smith, or by mail addressed to Robert Smith, General Services Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas, 78701-2483. Letters of interest will be received until 5:00 p.m. on Friday, November 1, 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 TxDOT request for proposal number 44-7RFP5000. 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 44-7RFP5000 will be accepted until 5:00 p.m. on Friday, November 22, 1996, at the previously mentioned TxDOT, General Services Division address. Agency Contact: Requests for additional information regarding this notice of invitation should be addressed to Robert Smith, P.E. at (512) 416-3939, or fax (512) 416-3072. Issued in Austin, Texas, on October 14, 1996. TRD-9614940 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: October 14, 1996 Texas Workforce Commission Notice of Public Hearing The Texas Workforce Commission has a legislative mandate to analyze whether block grant funding under sec.302.062 of the Labor Code should be extended to the programs exempted from block grant funding under Subsection (g) of that section. The Commission is required to report to the legislature and the governor by December 1, 1996. Therefore, the Commission will hold a public hearing on October 28, 1996, in Room 106 of the John H. Reagan State Office Building, 105 West 15th Street, Austin, Texas. Comments will be received from 9:00 a.m. to 11:30 a.m. on the following programs: programs to enhance the employment opportunities of veterans, including those described by sec.302.021(b)(1); the apprenticeship programs under Chapter 33 of the Education Code; school-to-work transition services as described by sec.302.021(b)(3); the community service program under the National and Community Service Act of 1990; the work and family policies program under Chapter 81; and the skills development fund created under Chapter 303. Comments will be received from 1:30 p.m. to 4:00 p.m. on the following programs: the reintegration of offenders program (Project RIO) under Chapter 306 and the continuity of care program under sec.501.095 of the Government Code; the trade adjustment assistance program under Part 2, Subchapter II, Trade Act of 1974; the job counseling program for displaced homemakers under Chapter 304; the employment programs under Chapter 31 of the Human Resources Code (mandatory work or participation in employment activities through JOBS and volunteer work experiences program and employment programs for those in need of financial assistance and services); and the State Occupational Information Coordinating Committee. Individuals who wish to testify at the hearing should sign in at the site. Speakers are encouraged to provide written copies of their testimony. Twenty- five copies are sufficient. Depending on the number of individuals who sign up to testify, testimony may be limited to three minutes per speaker. Persons who may need auxiliary aids, services or special accommodations, are requested to contact Carolyn Young at (512) 305-9649 three days prior to the hearing. For those unable to attend, written comments may be sent to the Texas Workforce Commission, Office of the Executive Director, 101 E. 15th Street, Austin, Texas 78778-0001. Issued in Austin, Texas, on October 10, 1996. TRD-9614818 Esther L. Hajdar Director Legal Services Texas Workforce Commission Filed: October 10, 1996