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 Request for Proposals Pursuant to the Texas Agriculture Code, sec.12.002, and sec.12.007, and the General Appropriations Act, Acts 1995, 74th Legislature, Regular Session, Chapter 1063, at 5821- 5826, the Texas Department of Agriculture (the department) is authorized to contract with producer organizations to provide statewide integrated pest management (IPM) programs. The department has entered into a cooperative agreement with the Texas Pest Management Association (the association) to administer the department's IPM grant program. The association, through the department, hereby requests proposals for projects for the period from January 1, 1997 through December 31, 1997, that use and expand the use of integrated pest management in agriculture. A total of $170,000 will be awarded, with no more than $15,000 being awarded per grantee. The proposed projects should be for the demonstration of IPM principles and technology, the establishment of educational programs to expand the use of biologically intensive IPM, and the implementation of and carrying out of biologically intensive IPM programs for farmer/rancher groups. Proposals must be submitted by non-profit producer, educational, or research organizations involved in integrated pest management programs. Joint efforts between public and private entities are encouraged. Proposals involving research other than IPM implementation research and proposals for chemical pesticides efficacy testing are not eligible for grant funds. Preference will be given to: proposals that emphasize the final development of new, previously untested technologies; proposals that compare different IPM strategies; proposals that implement new IPM tactics, strategies or components of IPM systems; proposals that seek implementation of IPM practices in Texas counties where such practices have not been used; proposals which demonstrate economic benefits for Texas; and, proposals which implement IPM in non- traditional commodities. Each proposal must include the following: a project summary and rationale/justification, project objectives, project work plan/duration, description of the anticipated impact on agriculture, vitae of principal project managers, and a detailed project budget. The entire proposal may not exceed six pages, including attachments. Please send one original proposal with ten additional copies. All approved projects must be completed by December 31, 1997. Upon completion of the project, a project report will be due within four weeks. The quality of this report may be used to evaluate further funding requests. All awards will be subject to audit. Proposals should be submitted to Mike Wallace, Executive Director, Texas Pest Management Association, 8000 Centre Park Drive, Suite 340, Austin, Texas 78754. Mr. Wallace may be contacted by phone at (512) 834-8762 or by fax at (512) 339- 6302 for additional information about preparing the proposal. Proposals must be received no later than 5:00 p.m., December 2, 1996. All proposals will be evaluated by a proposal review committee made up of persons knowledgeable in IPM programs and practices. Proposals will be evaluated based on the requirements set forth. The announcement of the grant awards will be made by December 20, 1996. Issued in Austin, Texas, on October 15, 1996. TRD-9615096 Delores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: October 15, 1996 Comptroller of Public Accounts Notice of Consultant Contract Award In accordance with the provisions of Chapter 2254, Subchapter B of the Texas Government Code, the Comptroller of Public Accounts announces this notice of consultant contract award. The consultant proposal request was published in the August 23, 1996, issue of the Texas Register (21 TexReg 8056). The consultant will assist the Comptroller in conducting a performance review of the Public Utility Commission. From this review, findings and recommendations will be developed for containing costs, improving the regulatory and rule making processes and ultimately promoting better utility regulation for Texas utilities and ratepayers through a more flexible and timely decision-making process. The successful proposer will be expected to begin performance of the contract on or about October 10, 1996. The contract is awarded to TEAMSS Consulting Group, 4412 Spicewood Springs Road, Suite 700, Austin, Texas 78759. The total dollar value of the contract is not to exceed $100,000.00 in the aggregate. The contract was executed October 10, 1996, and extends through March 31, 1997. TEAMSS Consulting Group is to assist the Comptroller in preparing a final report which will be made public on or about December 19, 1996. Issued in Austin, Texas, on October 16, 1996. TRD-9615137 Arthur F. Lorton Senior Legal Counsel Comptroller of Public Accounts Filed: October 16, 1996 Notice of Request for Proposals Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist in conducting a study to assess water quality and availability issues in three regions of Texas, and provide detailed recommendations that address the short-and long-term economic impact of water quality and availability challenges facing the state in these regions. The study must specifically include the potential costs to the state of not addressing these challenges in addition to the costs and benefits of a comprehensive, integrated approach to these challenges. The three regions are (1) the Rio Grande River Basin, (2) the Corpus Christi region, including portions of the San Antonio-Nueces Coastal Basin and the Nueces-Rio Grande Coastal Basin, and (3) the Ogallala Aquifer region. The findings and recommendations developed through this RFP, while focused on the three regions mentioned above, should be designed so they are transferable to other regions of the state. The successful proposer will be expected to begin performance of the contract on or about November 25, 1996. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Senior Legal Counsel's Office, 111 East 17th Street, Room 113, Austin, Texas 78774, (512) 475-0866, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the referenced address on Tuesday, October 22, 1996, between 4 p.m. and 5 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and letters of intent to propose should be received at the referenced address prior to 4 p.m. (CZT) on Tuesday, October 29, 1996. Closing Date: Proposals must be received in the Senior Legal Counsel's Office no later than 4 p.m. (CZT), on Friday, November 15, 1996. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. Each committee member will determine which proposal best meet these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - October 22, 1996, 4 p.m. (CZT); Letter of Intent and Questions Due - October 29, 1996, 4 p.m. (CZT); Proposals Due - November 15, 1996, 4 p.m. (CZT); Contract Execution - November 22, 1996, or as soon thereafter as possible. Issued in Austin, Texas, on October 16, 1996. TRD-9615136 Arthur F. Lorton Senior Legal Counsel Comptroller of Public Accounts Filed: October 16, 1996 Governor's Office of Budget and Planning Contract Extension for Consulting Services in Support of the State of Texas Appeal Against the U. S. Department of Health and Human Services Pursuant to Subchapter A, sec.2254.001 et. seq., Texas Government Code, the Governor's Office of Budget and Planning proposes to continue its contract with David M. Griffith and Associates, Ltd. (DMG) to provide technical assistance to the Governor's Office and the Office of the Attorney General in the state's appeal against the U. S. Department of Health and Human Services arising from the 1994-1995 Statewide Cost Allocation Plan involving the Uniform Group Health Insurance Program and such other matters as may be identified by USDHHS or the State of Texas. Due to delays by the federal government, the appeals process was not completed in fiscal year 1996, as anticipated. The cumulative amount of the contract is not expected to exceed $20,000. Questions regarding this notice should be directed to Tom Adams, Governor's Office of Budget and Planning, P. O. Box 12428, Austin, Texas 78711 (telephone (512) 463-1771). All proposals must be received at the above address no later than 5:00 p.m., November 15, 1996. Issued in Austin, Texas, on October 15, 1996. TRD-9615068 Pete Wassdorf Deputy General Counsel Office of the Governor Filed: October 15, 1996 Request for Proposals for the Fiscal Year 1998 State of Texas Federal and State Cost Allocation Plans Pursuant to Subchapter A, sec.2254.001 et seq,Texas Government Code, the Governor's Office of Budget and Planning invites professionals with demonstrated competence and qualifications and documented expertise in the field of indirect cost recovery and cost allocation plans for governmental units to submit proposals to prepare and negotiate with the federal government, under the provisions of OMB Circular A-87, the State of Texas' consolidated statewide cost allocation plan for the fiscal year ending August 31, 1998. These consultant services have been provided previously by the consulting firm of David M. Griffith and Associates, Ltd. (DMG). Unless a clearly superior proposal is received from different proposer, the Governor's Office intends to award the contract for the Fiscal Year 1998 plan to DMG, subject to negotiation of a fair and reasonable price. Proposers will be expected to develop a cost allocation plan that enables eligible state agencies to recover the maximum indirect costs possible from federal programs. The contractor selected will be responsible for all aspects of the plan, including obtaining raw cost and statistical data, identifying allocable costs, preparing and submitting the plan, and negotiating the final plan with the federal government for state agency use during the state fiscal year beginning September 1, 1997. Proposals must include a description of the system to be used to extract allowable costs from central government agencies and for allocating such costs. Contractor may be required to prepare alternative allocation tables using different allocation bases to demonstrate maximum feasible recovery options. As a component of the cost allocation plan, the contractor selected must also identify the costs of providing statewide support services to each state agency. This component must identify state agencies that use services from state central services agencies (for example, auditing, accounting, centralized purchasing, and legal services) in carrying out their programs and the type and dollar amount of services used. The contractor selected will be responsible for all aspects of this component, including obtaining raw cost and statistical data and identifying allocable costs. Proposals must include a description of the system to be used to extract allowable costs from central government agencies and for allocating such costs. A complete set of the work papers used to prepare the plan must be kept and provided to the Governor's Office upon request. The contractor is required to provide 25 copies of the summary of fixed costs related to federal cost allocations from the completed plan and 25 copies of the summary of costs related to state cost allocations to other state agencies from the completed plan. The Governor's Office of Budget and Planning will evaluate each proposal and reserves the right to reject any and all proposals. The state assumes no responsibility for expenses incurred in preparing responses to this solicitation. If selected, the contractor will be chosen on the basis of proposal content, the proposer's demonstrated experience, competence, knowledge and qualifications, and ability to meet the federal filing deadline of February 28, 1995. A copy of the Fiscal Year 1997 plan may be obtained by contacting Tom Adams, Governor's Office of Budget and Planning, P.O. Box 12428, Austin, Texas 78711, (512) 463-1771. All proposals must be received at the above address no later than 5:00 p.m., November 15, 1996. Issued in Austin, Texas, on October 11, 1996. TRD-9615024 Pete Wassdorf Deputy General Counsel Office of the Governor Filed: October 14, 1996 Texas Department of Health Request for Funding Proposals for Medically Underserved Community-State Matching Incentive Program Purpose. Health and Safety Code, Chapter 46 authorizes the Texas Department of Health (department), through its Bureau of Community Oriented Primary Care (COPC), Health Professions Resource Center (HPRC), to administer the Medically Underserved Community-State Matching Incentive Program (MIP). The department is issuing this request for proposals (RFP) from community applicants located in counties designated as medically underserved according to either federal or Texas criteria to provide applicants with the information and forms necessary to apply for MIP grant funds. The health-related goal of the MIP is to improve the overall health of eligible populations in medically underserved communities, especially in rural communities. Communities whose applications are selected will receive state matching funds to cover certain start-up costs for primary care physicians' practices. Description. Through a competitive application process, the department seeks to award individual grants of up to $25,000 to match an applicant's contributions toward establishing new primary care medical offices and ancillary facilities for diagnosing and treating patients. A primary care physician must contract to practice for two years in the supporting community. Eligible start-up costs will include, but are not limited to, land acquisition, construction and/or renovation of a facility to be used by the physician, and the purchase of computer hardware and software, lab equipment required to provide basic preventive and primary health care services, an exam table, routine medical equipment, a refrigerator required for drug/vaccine storage, supplies, staff and job-related training, and staff salaries and fringe benefits for six months (excluding compensation for the physician). Non-allowable costs will include, but are not limited to, the lease or purchase of motor vehicles, consulting fees or the cost of a feasibility study, and physician compensation. Eligible Applicants. Any public or private agency, institution, or organization capable of meeting the minimum requirements of this RFP may apply for funding. Limitations. Matching funds for selected applicants will depend upon available state appropriations and TDH fiscal limitations. The department reserves the right to reject any and all offers received in response to the RFP and to cancel the RFP if it is deemed in the best interest of the department. Term. Applicants may apply for funding for the remainder of Fiscal Year 1997, to be awarded on or about December 23, 1996. Deadlines. Interested parties should call Meredith Entin at (512) 458-7771, extension 6569, to request the RFP kit. The original and two copies of each application should be sent to the Texas Department of Health, Bureau of Community Oriented Primary Care, Health Professions Resource Center, Room M-534, Attention: Matching-Incentive Grant Program, 1100 West 49th Street, Austin, Texas 78756-3199. Applications must be postmarked on or before November 29, 1996, to be considered. Applicants should request a legibly dated U.S. Postal Service postmark or obtain a legibly dated receipt from a commercial carrier. Private metered postmarks will not be acceptable as proof of timely mailing. Evaluation and Selection. Applications will be reviewed by an MIP Application Review Committee. The evaluation of the application will be based upon review criteria described in the RFP. Issued in Austin, Texas, on October 16, 1996. TRD-9615138 Susan K. Steeg General Counsel Texas Department of Health Filed: October 16, 1996 Texas Department of Housing and Community Affairs Notice of Administrative Hearing Manufactured Housing Division Wednesday, November 6, 1996, 1:00 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 type-name="italic">vs. Alfred Combs Construction to hear alleged violations of Texas Manufactured Housing Standards Act, Texas Revised Statutes Annotated, Article 5221f, sec.sec.3(10), 7(d) and 17(b) (Vernon 1995) and 10 Texas Administrative Code, sec.80.125(e)(1), regarding obtaining, maintaining or possessing a valid certificate of registration. SOAH 332-96-1892. Department MHD1996000410D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on October 16, 1996. TRD-9615131 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: October 16, 1996 Notice of Contract Award to Private Consultant The Texas Department of Housing and Community Affairs hereby announces the award of contract to conduct a Statewide Analysis of Impediments to Fair Housing Choice to the following consulting firm: The Hunter Company Inc., P.O. Box 46384, Little Rock, Arkansas 72214-6384. The statewide analysis of impediments is required by the Consolidated Plan regulations, at 24 CFR Part 91 and the Community Development Block Grant regulation, at 24 CFR 570.487. The Hunter Company Inc. will conduct a statewide analysis of impediments to fair housing choice, recommend appropriate actions to overcome the effects of any impediments identified, and maintain records reflecting the analysis and actions in this regard. The Hunter Company Inc. must submit a draft report to the TDHCA on January 28, 1997, and the final report must be submitted on February 28, 1997. The approved amount of the contract is $48,540, and is designated contract #CD- 001. This contract was entered into on September 27, 1996, and will terminate February 28, 1997. For more information, please contact the Housing Resource Center at P.O. Box 13941, Austin, Texas 78711-3941, (512) 475-3972. Issued in Austin, Texas, on October 16, 1996. TRD-9615130 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: October 16, 1996 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application by American Travelers Life Insurance Company, a foreign life, accident and health company, to drop its assumed name in Texas, ATL Life Insurance Company. The home office is in Bensalem, Pennsylvania. Application for a name change in Texas for Century Life of America, a foreign life, accident and health company. The proposed new name is CUNA Mutual Life Insurance Company. The home office is in Waverly, Iowa. Application for a name change in Texas for Union Benefit Life Insurance Company, a foreign life, accident and health company. The proposed new name is Provident American Life & Health Insurance Company. The home office is in Norristown, Pennsylvania. Application for a name change in Texas for The MetraHealth Insurance Company, a foreign life, accident and health company. The proposed new name is United HealthCare Insurance Company. The home office is in Hartford, Connecticut. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on October 16, 1996. TRD-9615149 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 Notice of Hearings The Commissioner of Insurance or his designee at a public hearing under Docket Number 2260, scheduled for November 26, 1996 at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin Texas will consider amendments proposed by the staff of the Workers' Compensation Division to the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (Manual). The purpose of these amendments to the Manual is to eliminate conflicting language within the Manual and to provide clarification to rules, classifications, endorsements and forms by amending the language. The proposed changes by the staff are summarized as follows: Clarify the rules to reflect that the effective date of the policy determines the rules and rates applicable to the policy and the anniversary rating date determines the date the experience modifier applies and the Experience Rating Plan rules applicable to the policy. Amend the language in the rules to reflect the language of the standard workers' compensation policy as amended in November, 1995. Show the order of calculation of workers' compensation policy costs in a rule and delete all other examples in the rules of how the policy costs are determined in order to eliminate conflicts. Clarify the rules to reflect that the payroll limitations for executive officers apply regardless of the classification applicable to that executive officer. Clarify the rules to reflect that business allowance, such as automobile, housing, etc., per diem expenses in excess of IRS guidelines, and automobile mileage reimbursements in excess of IRS guidelines are included in the definition of remuneration. Amend the maximum minimum premium from $500 to $250. State in the rules that "test modifiers" cannot be applied to the policy and cannot be negotiated. Add a rule to define Schedule Rating. Amend the language concerning premium discount as it applies to workers' compensation policies written through the group purchase program and allow the insurance company and the group administrator to agree on how to determine the final premium discount for the group even though not all of the policies have been audited. Delete obsolete language from Rule IX. E. Employee Leasing Arrangements and allow the completion of the Employee Provider Form EP-1, Employee Provider Form EP-1A and the Employee Provider/Client Company Endorsement to be optional with the insuring company, which includes the Texas Workers' Compensation Insurance Fund. Amend Rule IX Deductible Programs to discontinue the filing of the Deductible Notice of Election form with the Texas Department of Insurance, but require the insuring company to have the completed Deductible Notice of Election form in the file for each insured so that it is available to the Department upon specific request. Amend Section I A. of the Experience Rating Plan to clarify which insurance company is responsible for calculating the experience modifier for a risk when there are multiple insurers writing the risk. Amend Section I A. of the Experience Rating Plan to require upon receipt of a written request, an insurance company to provide unit statistical data to the insurance company responsible for calculating the experience modifier for an insured or the entity calculating experience modifiers on behalf of the that insurance company. In addition, upon request, an insurance company must provide a copy of the modifier calculation of an insured to another insurance company. All requests must include either the current policy information page for the insured or a letter of authority signed by the insured. Amend Section 1 C. 4. of the Experience Rating Plan to clarify how the anniversary rating date is established when there are multiple policies for the same risk. Amend Section I C. of the Experience Rating Plan to set forth ways to establish a different anniversary rating date. Clarify Section III A. of the Experience Rating Plan that only experience developed under a workers' compensation policy or as a certified self-insurer can be used to determine eligibility for experience rating and to actually calculate the experience modifier. Amend Section V E. of the Experience Rating Plan to indicate what experience modifier applies when there is no modifier calculated at the time the policy is issued; to indicate that whenever there is a decrease in the premium as a result of an experience modifier being added to the policy, the decrease in premium is always applicable to the effective date of the policy or to the anniversary rating date, if different than effective date of the policy and to indicate when an increase in premium as a result in adding the experience modifier is applicable to the policy. Amend Section V F. of the Experience Rating Plan to clarify that when the unit statistical data is received by the insuring company, the experience modifier will be recalculated and the application of the revised modifier is governed by Section G. of the Experience Rating Plan. Amend the Introduction to the Endorsements & Forms section to require insurance companies to either show an endorsement issue date or a sequential number on each endorsement in order to determine the order of issuance. Amend the Texas Amendatory Endorsement WC 42 03 01 to delete the reference to the short rate cancellation penalty being applied at the time of final payroll audit since short rate cancellations are no longer applicable. Delete the following endorsements as they are no longer applicable: Texas Assigned Risk Pool--Maritime Coverage Endorsement (Limited Coverage for Masters or Members of the Crews of Vessels) WC 42 02 01; Texas Workers' Compensation Insurance Fund-Other States Endorsement (Reimbursement for Temporary Operations Only) WC 42 03 07; and Senate Bill 1 Litigation Surcharge Endorsement WC 42 04 05; Amend Texas Waiver of Our Right to Recover From Others Endorsement WC 42 03 04 to include language to clarify that nothing in the endorsement shall be construed as a limit on the insurance companies' right of subrogation for advances against future benefits, including medical benefits received by claimants under the Texas Workers' Compensation Act as long as that right exists under the Act or common law. Amend Employee Provider/Client Company Endorsement WC 42 04 06A to substitute the Fund for the Facility in the wording of the endorsement and to delete Section 12 of the endorsement in its entirety since it is in conflict with the Statute. Amend the language in form DNE-1 to track the language in the rule and the endorsements pertaining to the deductible to eliminate the conflicts. Amend the timing of the filing requirements for the filing of form GPP-2 for groups participating in the group purchase program. Elimination of the Workers' Compensation Negotiated Experience Modifier form. Editorial changes throughout the Manual to correct punctuation, typographical errors, reference to the Statutes, and reference to rules contained in the Manual. Editorial changes to the footnotes and classification wordings in the Classification Section of the Manual. Addition of several classification wordings that were inadvertently left out when then classifications were reduced and combined effective January 1, 1994. Divide the Wrecking Classification Code 5701 into the following classifications: Concrete or Concrete Encased Steel & Drivers-Code 5213; Iron or Steel & Drivers- Code 5057; Masonry & Drivers-Code 5022 and Wooden - including dwellings & Drivers-Code 5403. Changes in the following classifications to classifications with lower relativities: Appraisers-Tax from Code 4511 to Code 8742; Breakwater or Jetty Construction from Code 6219 to Code 6045; Dike or Revetment Construction & Drivers from Code 6219 to Code 6045; Kennel Employees & Drivers from Code 0113 to Code 8831; Forestry Personnel-Planting & Supervision of Timber Forest from Code 0042 to Code 0005; Inspection of Risks for Insurance or Valuation Purposes from Code 4511 to Code 8742; Plant Rental or Maintenance from Code 0035 to Code 8017; Satellite Dish Installation from Code 5l90 to Code 7600; and Service Station Wash Pit Cleaning from Code 9402 to Code 7219. The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.56, 5.57, 5.60 and 5.96. A copy of the amendments containing the full text of the proposed amendments is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the amendments, please contact Angie Arizpe (512) 322-4147, (refer to Reference Number W-1096-44-I). The staff and the Commissioner request that written comments to these proposed amendments be submitted prior to the public hearing on November 26, 1996. The written comments should be directed to Caroline Scott, General Counsel and Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comments is to be submitted to Nancy Moore, Deputy Commissioner, Workers' Compensation, Texas Department of Insurance, P.O. Box 149092, Austin, Texas 78701-9092. Public testimony at the hearing on November 26, 1996, is also invited and encouraged. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on October 16, 1996. TRD-9615145 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 The Commissioner of Insurance or his designee at a public hearing under Docket Number 2261, scheduled for November 26, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider amendments to Rule IX A. and B, the deletion of Partners, Officers and Others Exclusion Endorsement WC 00 03 08 and Sole Proprietors and Others Coverage Endorsement WC 00 03 10 and the addition of Partners, Officers and Others Exclusion Endorsement WC 42 03 08 and Sole Proprietors, Partners, Officers and Others Coverage Endorsement WC 42 03 10 of the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (the Manual). The purpose of this amendment is to implement the provisions of Suibchapter F, Chapter sec.406.097, Labor Code as added by the 74th Legislature in House Bill 1089. Section 406.097, Labor Code, provides that a sole proprietor, partner, or corporate executive officer of a business entity that has elected to provide workers' compensation coverage is entitled to benefits under that coverage as an employee unless the sole proprietor, partner, or corporate executive officer is specifically excluded from coverage through an endorsement to the policy or certificate of authority to self-insure. In addition, a corporate executive officer(s) of the named insured with at least 25% equity ownership in the named insured may be excluded from coverage. Lastly, a sole proprietor or partner of a covered business or a corporate officer with an equity ownership in a covered business of at least 25% may be excluded from coverage even though building or construction contracts require the contractor to provide workers' compensation coverage when work is being performed for a governmental entity. In addition to the proposed changes to Rule IX A. and B, two endorsement are being recommended for deletion, and two new endorsements that are Texas specific endorsements are being recommended to be added. The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Article 5.96. A copy of the amendments containing the full text of the proposed amendments is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the amendments, please contact Angie Arizpe (512) 322-4147, (refer to Reference Number W-1096-45-I). The staff and the Commissioner request that written comments to these proposed amendments be submitted prior to the public hearing on November 26, 1996. The written comments should be directed to Caroline Scott, General Counsel and Chief Clerk, Texas Department of Insurance, P.O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of the comments is to be submitted to Nancy Moore, Deputy Commissioner, Workers' Compensation, Texas Department of Insurance, P.O. Box 149092, Austin, Texas 78701-9092. Public testimony at the hearing on November 26, 1996, is also invited and encouraged. 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). The agency hereby certifies that the proposal has been reviewed by the legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1996. TRD-9615150 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 The Commissioner of Insurance or his designee at a public hearing under Docket Number 2262, scheduled for November 26, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider amendments to Section D of the Appendix and Sections III and X of the Texas Experience Rating Plan of the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (the Manual). These recommended changes are necessary due to the Commissioner appointing the National Council on Compensation Insurance as the statistical agent for workers' compensation. The proposed change to Section D. of the Appendix of the Manual deletes the reference to the Department and requires insuring companies to automatically file with the designated statistical agent all data required by the Texas Workers' Compensation Statistical Plan in accordance with its provisions. The change to Section III of the Texas Experience Rating Plan of the Manual amends part D to require experience to be used in the calculation of the experience modifier to be reported to the designated statistical agent. The change to Section X of the Texas Experience Rating Plan of the Manual requires insuring companies to automatically file with the designated statistical agent all data required by the Texas Workers' Compensation Statistical Plan in accordance with its provisions. The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Article 5.96. A copy of the amendments containing the full text of the proposed amendments is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the amendments, please contact Angie Arizpe (512) 322-4147, (refer to Reference Number W-1096-46-I). 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). The agency hereby certifies that the proposal has been reviewed by the legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1996. TRD-9615144 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 The Commissioner of Insurance or his designee at a public hearing under Docket Number 2263, scheduled for November 26, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, will consider amendments to the Texas Workers' Compensation Relativity, Expected Loss Rate and Discount Ratio for Code 8837-Charitable or Religious Organization- All Operations & Drivers. Under Board Order Number 59621 dated June 2, 1992, Code 8837 was amended from a classification with a promulgated rate or relativity to an "a" rated classification due to the wide variance of work performed by the various charitable or religious organizations being classified under that code. By making Code 8837 an "a" rated classification, the insurance company writing coverage for this classification can use rates reflective of the various activities performed by specific entities classified under this classification. Therefore, a fixed relativity, expected loss rate and discount ratio for Code 8837 is not proper. This amendment is proposed to eliminate the revised classification relativity, the revised expected loss rate and discount ratio related to Code 8837 which were adopted by the Commissioner in Commissioner's Order Number 96-1038 dated September 10, 1996. The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Article 5.96. A copy of the amendments containing the full text of the proposed amendments is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the amendments, please contact Angie Arizpe (512) 322-4147, (refer to Reference Number W-1096-47-I). 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). The agency hereby certifies that the proposal has been reviewed by the legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 16, 1996. TRD-9615139 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 Notice of Withdrawal of Application by Small Employer Carrier to be a Risk- Assuming Carrier Notice is given to the public of the withdrawal of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52, notice of which was published in the October 4, 1996, issue of the Texas Register (21 TexReg 9684). Physicians Care HMO, Inc. Issued in Austin, Texas, on October 16, 1996. TRD-9615152 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 Third Party Administration 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 San Antonio Health Partners, Inc., a foreign third party administrator. The home office is Wilmington, Delaware. 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 16, 1996. TRD-9615146 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 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 Coordinated Care Medicaid Management Corporation, a foreign third party administrator. The home office is Milwaukee, Wisconsin. 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 16, 1996. TRD-9615153 Caroline Scott General Counsel Texas Department of Insurance Filed: October 16, 1996 Texas State Library and Archives Commission Consultant Contract Reports Quarterly report of consultant contract reports received by the Texas State Library October 13, 1996 V.T.C.A., Government Code 2254.036 By law (V.T.C.A., Government Code 2254, Subchapter B), state agencies and regional councils of governments are required to file with the Office of the Secretary of State invitations to bid and details on bidding on private consultant contracts expected to exceed $10,000. Within ten days of the award of the contract, the agency must file with the Secretary of State a description of the study to be conducted, the name of the consultant, the amount of the contract, and the due dates of the reports. Additionally, sec.2254.036, directs the contracting agencies to file copies of all documents, films, recordings, or reports developed by the private consultants with the Texas State Library. The Library is required to compile a list of the materials received and submit the list quarterly for publication in the Texas Register. Below is a list of materials received for the third quarter of 1996. These materials may be examined in Room 300, Texas State Library, 1201 Brazos Street, Austin, Texas. Agency: Texas Department of Transportation. Consultant: Deloitte & Touche. Title: Business information and systems plan. Issued in Austin, Texas, on October 14, 1996. TRD-9615021 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Filed: October 14, 1996 Texas Natural Resource Conservation Commission Notice 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 commercial nonhazardous industrial solid waste landfills. Purpose of the proposed new chapter is to provide permit standards, design standards, and operating standards for commercial nonhazardous industrial landfills. The proposed chapter does not apply to a solid waste management facility permitted under Chapter 330. Proposed Subchapter A pertains to general information including definitions and applicability of the regulations. The proposed chapter does not apply to on-site nonhazardous industrial waste facilities or to captured facilities. Proposed Subchapter B pertains to the permitting requirements including design standards for commercial nonhazardous industrial solid waste facilities. Subchapter C pertains to the operating requirements for commercial nonhazardous industrial solid waste facilities. Proposed Subchapter D pertains to the financial assurance requirements for commercial nonhazardous industrial solid waste facilities that references sections of Subchapter K of the Chapter 330 regulations pertaining to Financial Assurance for municipal solid waste landfills. These rules do not address any changes to current on-site nonhazardous waste landfill regulations. These rules do not change any municipal solid waste landfill regulations. A public hearing on this proposal will be held in Austin on November 19, 1996 at 2:00 p.m. in Building F, Room 2210 at the Texas Natural Resource Conservation Commission complex, located at 1200 North IH-35, Park 35 Technology Center. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon or 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 answer questions before and after the hearing. Written comments may be mailed to Bettie Bell, TNRCC 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 Rules Tracking Log Number 95128-352-WS. Comments must be received by 5:00 p.m., 30 days from the date of publication of this proposal in the Texas Register. For further information or questions concerning this proposal, please contact Susan Janek, Municipal Solid Waste Division, at (512) 239-6784. 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 14, 1996. TRD-9614882 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: October 11, 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 Public Utility Commission SUBSTANTIVE RULE sec.23.27 for approval of 23 station addition to existing PLEXAR-Custom Service for Lubbock County in Lubbock, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for 23 Station Addition to Existing PLEXAR-Custom Service for Lubbock County in Lubbock, Texas, Pursuant to Public Utility Committee. SUBSTANTIVE RULE sec.23.27. Tariff Control Number 16529. The Application. Southwestern Bell Telephone Company is requesting approval for 23 station addition to the existing PLEXAR-Custom service for Lubbock County in Lubbock, Texas. The geographic service market for this specific service is the Lubbock, 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 16, 1996. TRD-9615113 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 16, 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 Public Utility Commission SUBSTANTIVE RULE sec.23.27 for approval of optional features addition to existing PLEXAR-Custom Service for Cypress Fairbanks ISD in Houston, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Optional Features Addition to Existing PLEXAR-Custom Service for Cypress Fairbanks ISD in Houston, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE sec.23.27. Tariff Control Number 16528. The Application. Southwestern Bell Telephone Company is requesting approval for an optional features addition to the existing PLEXAR-Custom service for Cypress Fairbanks ISD in Houston, Texas. The geographic service market for this specific service is the Houston, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 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 16, 1996. TRD-9615112 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 16, 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 9, 1996, pursuant to Public Utility Commission SUBSTANTIVE RULE sec.23.27 for approval of a customer- specific contract for billing and collection services with GAB Communications, Inc. Tariff Title and Number: Application of Southwestern Bell Telephone Company for Approval of a Customer-Specific Contract for Billing and Collection Services with GAB Communications, Inc., pursuant to Public Utility Commission SUBSTANTIVE RULE sec.23.27. Tariff Control Number 16524. The Application: Southwestern Bell Telephone Company seeks approval of a customer-specific billing and collection services contract with GAB Communications, Inc. The services pursuant to the customer-specific contract will be offered anywhere within the state of Texas where GAB Communications, 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 16, 1996. TRD-9615110 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 16, 1996 Public Notice On September 23, 1996, Time Warner Communications of Austin, L.P (TW Comm) and Central Telephone Company of Texas d/b/a Sprint, Inc. (Sprint) (collectively referred to as Applicants) filed a joint application for approval of a traffic and billing interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Pub. L. No. 104-104, 110 Stat. 56 (1996), (to be codified at 47 U.S.C. sec.sec.151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA95) (Tex. Rev. Civ. Stat. Ann. art 1446c-0 Vernons Supp. 1996). The joint application has been designated Docket Number 16460. The joint application and the underlying interconnection agreement are available for public inspection at the Commission's offices in Austin, Texas. The FTA authorizes the Commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the Commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the Commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The Commission must act to approve the agreement within 90 days after it is submitted by the parties. The Commission finds that additional public comment should be allowed before the Commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 18 copies of the comments with the Commission's Filing Clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 16460. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by November 4, 1996, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, an Administrative Law Judge (ALJ) of the Commission will determine whether to conduct further proceedings concerning the joint application. The ALJ shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule sec.22.202. The ALJ may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The ALJ may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress, P. O. Box 13326, Austin, Texas 78711-3326, or call the Public Utility Commission 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. All correspondence should refer to Docket Number 16460. Issued in Austin, Texas, on October 16, 1996. TRD-9615108 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 16, 1996 Public Notice On September 30, 1996, Southwestern Bell Telephone Company (SWB) and Fast Connections, Inc. (Fast Connections) collectively referred to as Applicants filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Pub. L. No. 104-104, 110 Stat. 56 (1996), (to be codified at 47 U.S.C. sec.sec.151 et. seq.). and the Public Utility Regulatory Act of 1995 (PURA95) (Tex. Rev. Civ. Stat. Ann. art 1446c-0 Vernons Supp. 1996). The joint application has been designated Docket Number 16485. The joint application and the underlying interconnection agreement are available for public inspection at the Commission's offices in Austin, Texas. The FTA authorizes the Commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the Commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the Commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The Commission must act to approve the agreement within 90 days after it is submitted by the parties. The Commission finds that additional public comment should be allowed before the Commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 18 copies of the comments with the Commission's Filing Clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 16485. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by November 4, 1996, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, an Administrative Law Judge (ALJ) of the Commission will determine whether to conduct further proceedings concerning the joint application. The ALJ shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule sec.22.202. The ALJ may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The ALJ may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission 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. All correspondence should refer to Docket Number 16485. Issued in Austin, Texas, on October 16, 1996. TRD-9615109 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: October 16, 1996 Railroad Commission of Texas Notice of the Railroad Commission of Texas Regarding its Jurisdiction over Spun Down and Spun Off Gas Gathering Facilities Which Were Previously Subject to Federal Jurisdiction The divestiture in recent years of the gathering facilities of interstate pipeline companies has resulted in a number of business entities becoming the owners and/or operators of facilities that were previously subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC). These entities and their facilities are now subject to the jurisdiction of the Railroad Commission of Texas (Commission). In response to this extraordinary circumstance, the Commission issues this notice to advise such entities of their obligation to comply with applicable statutes, rules, and orders enforced by the Commission. This notice also advises such entities that they may be required to comply with certain Commission filing requirements and to recognize certain duties owed to producers, shippers, and other affected persons under the statutes and rules enforced by the Commission. In a number of dockets over the last several years, the FERC has granted abandonment of certain formerly certificated gathering facilities of interstate natural gas pipelines and/or declared that such gathering facilities were not subject to the FERC's jurisdiction under the Natural Gas Act (NGA), 15 U.S.C. 717, et seq. The FERC also declared that the activities of the entities acquiring such facilities would be subject to regulation and control by state regulatory bodies. In August, the U.S. Court of Appeals for the D.C. Circuit sustained the FERC's determination that the divested gathering facilities of interstate pipelines are exempt from FERC regulation under the NGA. Conoco, Inc. v. FERC, 90 Fed.3d 536 (D.C. Cir.--1996). Certain gathering facilities affected by the FERC's orders and by the ruling of the Court of Appeals were and are situated wholly within the geographic boundaries of the State of Texas. The owners and/or operators of such gathering facilities may, and do, in many cases, transmit, distribute, transport, convey, deliver, carry, produce, buy, sell, deal in, purchase, take, collect, gather, retain possession of, carry, and/or transport natural gas within the State of Texas. These divested gathering facilities are now, and have been, since their divestiture, subject to the jurisdictional authority of the Commission under Texas Revised Civil Statutes Annotated, articles 1446e (GURA), Texas Revised Civil Statutes Annoted, articles 6050-6066g, and Texas Natural Resource Code Annoted 81.051, 81.053, 111.001, et seq., and 111.081, et seq. Accordingly, these divested gathering facilities are subject to the requirements imposed by 16 Texas Administrative Code, Chapters 3 and 7, and by certain orders, directives, and practices of the Commission. And, similarly, the owners and/or operators of such facilities are and have been subject to the jurisdiction and authority of the Commission. The extent and nature of Commission regulatory authority over gathering varies under these statutes. Accordingly, the owners and/or operators of such divested gathering facilities should inquire into their duties and obligations under applicable Commission regulatory provisions to insure they are observing such duties and obligations. These duties and obligations may include the duty to make certain required filings, such as new or amended T-4 pipeline permits to operate, tariffs for gathering or transportation services, gas utility general annual reports or gathering annual reports, claims for exemptions under Texas Revised Civil Statutes Annoted, articles 6050, sec.4(a), and P-5 organizational/financial assurance reports. All business entities which have acquired gathering facilities in Texas that were divested by interstate pipelines are advised to contact the Commission's Gas Services Division, to determine the applicability of Commission regulations to their facilities and operations, and to insure they have complied and will continue to comply with all applicable statues, rules, and Commission orders and practices. Persons with knowledge of the potential existence of any such entities or with questions regarding the potential existence of such entities may notify the Commission by calling Stacey McTaggart (512) 463-7018 or Danny Bivens (512) 463- 7109. In addition, any person or producer who is being provided gathering services by the owners and/or operators of any such spun-down or spun-off gathering facilities may seek assistance or relief from the Commission regarding the rates, services, or practices of any such owners/operators by lodging formal or informal complaints with Ron Kitchens, Director, Gas Services Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. To insure broad notice of these directives, the Director of the Commission's Gas Services Division will issue a letter consistent with this notice to all owners/operators of divested gathering facilities, to potentially affected producers, shippers, and other entities, and to all operators listed on the Commission's P-5 rolls. In addition, the Commission's General Counsel will cause this notice to be published in the >Texas Register within a reasonable time of the issuance of this notice. Issued in Austin, Texas, on October 16, 1996. TRD-9615107 Mary Ross McDonald Deputy General Counsel Railroad Commission of Texas Filed: October 16, 1996 Stephen F. Austin State University Follow-up Notice on Consulting Services Contract Pursuant to Texas Government Code, Chapter 2254, Stephen F. Austin State University provides the following information for publication in the Texas Register: 1. The award of the construction manager contract to J. E. Kingham Construction Company was made pursuant to Texas Government Code, Chapter 2254. 2. Notice of the request for proposals was published in the May 24, 1996 issue of the Texas Register (21 TexReg 4646). 3. The private consultant is to perform the construction management function for the renovation of the first floor of the University's administration building, construction of a portion of the intracampus utility loop, and installation of an elevator in the University's human sciences building. 4. The total value of the contract is $90,196. The contract dated October 10, 1996, will terminate upon the provision of the requested services which should be on or about August 31, 1997. 5. The private consultant selected is J. E. Kingham Construction Company, 312 Tyler Street, Nacogdoches, Texas 75961. 6. The consultant will provide construction management for the renovation of the first floor of the University's administration building, construction of a portion of the intracampus utility loop, and installation of an elevator in the University's human sciences building. All projects are anticipated for completion on or about August 31, 1997. Issued in Austin, Texas, on October 15, 1996. TRD-9615102 R. Yvette Clark General Counsel Stephen F. Austin State University Filed: October 15, 1996 Roofing Consultant Services Contact Pursuant to Chapter 2254, Government Code, Stephen F. Austin State University (SFASU) requests proposals from qualified firms to evaluate the current condition of roofing systems throughout the campus and to provide a detailed roof-condition status report to the University. The firm selected will assist SFASU in dealing with roofing companies regarding warranties, repairs, and replacements and will assist the University with the development of long-range roof replacement plans and budgets, and with other services as required. In the past, SFASU has hired Global Roofing Consultants to provide these services. Global's considerable experience with and knowledge of SFASU roofing systems will be a component of the evaluation of proposals. SFASU will select the roofing systems consultant based on demonstrated competence, knowledge, qualifications, and reasonableness of the proposed fee, including travel costs. Additionally, if other considerations are equal, preference will be given to a consultant whose principal place of business is in the State of Texas or who will manage the contract wholly from an office in the State of Texas. Firms interested in responding to this request for proposals may obtain information by contacting John D. Rulfs, Assistant Director of Physical Plant, Stephen F. Austin State University, P. O. Box 13031 SFA Station, Nacogdoches, Texas 75962, (409) 468-4341 or Fax (409) 468-4446. Proposals must be received no later than 2:00 p.m. CST, November 20, 1996. Issued in Austin, Texas, on October 15, 1996. TRD-9615103 R. Yvette Clark General Counsel Stephen F. Austin State University Filed: October 15, 1996 Veterans Land Board Invitation for Bids on Group Insurance Contract The Veterans Land Board of the State of Texas ( the "Board") invites the submission of bids for group credit/mortgage life insurance for the Texas Veterans Land Program ("VLP"). An official bid form with bidding instructions may be obtained by calling Jim Davis at (512) 463-5393 or by writing the Texas Veterans Land Board, Attention: Jim Davis, 1700 North Congress, Room 700, Austin, Texas 78701. All bids must be submitted on an official bid form and must be received by 2:00 p.m. Friday, November 22, 1996, at the address specified in the bid form. The Board currently holds a contract with the Prudential Insurance Company of America for group credit/mortgage life insurance for the VLP. Prudential notified the Board that it will no longer underwrite group life insurance effective March 31, 1997, and the existing contract will terminate on that date. In requesting bids, the Board primarily intends to replace the existing insurance with no lapse in coverage to existing insureds and secondarily to improve the benefits and/or premiums VLP borrowers pay under the existing contract. The Board will evaluate bids on those bases. Issued in Austin, Texas, on October 15, 1996. TRD-9615072 Garry Mauro Chairman Veterans Land Board Filed: October 15, 1996 The 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 the John H. Reagan State Office Building, 105 West 15th Street, in room 106, 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 133 of the Education Code; school-to-work transition services as described by sec.302.021 (b)(3); the community service program under National and Community Service Act of 1990; the work family policies program under Chapter 81; and the skills development fund created under Chapter 303; and Communities-in-Schools. 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 programs and employment programs for those in need of financial assistance and services); senior citizens employment program under Chapter 101, Human Resources Code, and State Occupational Information Coordination Committee. Individuals who wish to testify at the hearing should sign in at the site and testimony will be taken in the order in which they have signed up. 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 , please send written comments to the Texas Workforce Commission, Office of the Executive Director, 101 E. 15th Street, Austin, Texas 78778-0001. Issued in Austin, Texas, on October 15, 1996. TRD-9615067 Esther L. Hajdar Director of Legal Services Texas Workforce Commission Filed: October 15, 1996.