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 Alcoholic Beverage Commission Request for Consulting Services This request for consulting services is filed by the Texas Alcoholic Beverage Commission in compliance with the requirements of Chapter 2254 of the Government Code. The Texas Alcoholic Beverage Commission seeks proposals from qualified substance abuse prevention education consultants who would assist and guide agency staff who have been assigned the responsibility of creating curriculum, pilot testing, and evaluating a school-based alcohol use/abuse prevention education program. This proposal is for a continuation of services which has previously been provided to this agency by a private consultant. Consultants who desire more information concerning this project or who wish to submit offers of consulting service should contact the agency's chief purchaser, Bob Burnette, by voice phone at (512) 206-3260, by fax at (512) 206-3274, or by mail at P. O. Box 13127, Austin, Texas 78711. All offers of consulting service submitted in response to this invitation for offers must be in the hands of Bob Burnette, by 5:00 p.m., December 22, 1996. The offers received will be evaluated by a committee of five agency employees. Committee members will include the agency's chief purchaser, director of resource management, chief of enforcement, chairperson of the enforcement division's SAVE committee, a SAVE committee member, and the administrator or his designated representative. The committee will assemble within three business days of the deadline for the submission of offers specified in this invitation. Once assembled, the committee will remain in continuous session during normal business hours until all the proposals have been evaluated. All offers will be evaluated on a one hundred point scale, with points scored for each criterion in the manner specified for that criterion. Scores awarded for meeting the requirements of the criterion for Qualifications, References, Examples of Work and Action Plans, for each proposal, will be the average of the scores assessed by the individual committee members. The consultant or consultant group who submitted the offer that scores the highest number of points will be awarded the contract. Total Cost-As part of their proposal each responding party will submit an outline that briefly details cost. The outline is to include the following information: A maximum number of billable consultant work hours, cost per billable consultant work hours, total maximum cost of billable consultant work hours, total maximum cost of reimbursable travel expenses, total maximum cost of "other reimbursable expenses," and a grand total for maximum possible project cost. The proposal with the lowest maximum possible project cost will be awarded 50 points. The remaining proposals will be awarded points for meeting this criterion based on the following formula: Number of Points=50 (proposal cost/lowest proposal cost) . Maximum Score-50 points. Qualifications-Resumes for each member are to be submitted with the proposal which demonstrates the consultant or team meets or exceeds the following qualifications. Collectively the team must demonstrate at least five years experience in each of the following areas: adolescent substance/alcohol abuse prevention, secondary school teaching/counseling, development and implementation of school-based substance/alcohol abuse prevention curriculums and instructor training programs, evaluation of education programs, and development of evaluation and program monitoring designs. Those who fail to demonstrate their project team meets these qualifications will be immediately disqualified from consideration. The remaining proposals will be reviewed and assessed a score of 0-10 points by each committee member based on their assessment of the extent to which those submitting the proposal, as a group, exceed the qualifications. Maximum Score-10 points References-Five letters of reference from past customers are to be submitted with each proposal. These references will be reviewed and assessed a score of 0- 10 points by each committee member based on their assessment of the references. Maximum Score-10 points. Examples of Work-One example of a school-based substance abuse prevention education curriculum developed by a project team member will be submitted with the proposal, along with documents providing an example of a program evaluation, designed and conducted by a project team member, of a substance abuse prevention education program. These submissions will be reviewed and assessed a score of 0- 15 points by each committee member based on their assessment of the quality of the work. Maximum Score-15 points. Action Plan-Each party submitting a proposal shall also submit with that proposal an action plan that details a project completion time-line. These action plans will be will be reviewed and assessed a score of 0-15 points by each committee member based on their assessment of the quality of the action plan and of the degree to which it demonstrates an understanding of and commitment to Project SAVE. Maximum Score-15 points. Issued in Austin, Texas on November 15, 1996. TRD-9616684 Doyne Bailey Administrator Texas Alcoholic Beverage Commission Filed: November 15, 1996 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). Graphic Issued in Austin, Texas, on November 12, 1996. TRD-9616548 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: November 14, 1996 Court of Criminal Appeals Order Adopting Amendments to Texas Rules of Appellate Procedure Effective November 12, 1996 BE IT ORDERED by the Court of Criminal Appeals that the following designated amendments to the Texas Rules of Appellate Procedure [TRAP] are hereby adopted and promulgated to govern criminal cases and criminal law matters under authority and in conformity with Acts 1985, 69th Leg., Ch. 685, p. 2472, Section 2. This order does not amend any existing rule, promulgate any new rule nor repeal any rule in the Texas Rules of Civil Procedure. No rule amended by this order shall be applicable to any civil case ["actions of civil nature" (Rule 2, T.R.Civ.P.)] unless and until it has been promulgated by the Supreme Court of Texas. 1. Tex.R.App.Pro. 51(c) is amended to read as follows: (c) Duty of Clerk. Upon perfection of the appeal, the clerk of the trial court shall prepare under his hand and seal of the court and immediately transmit the transcript to the appellate court designated by the appellant. The pages of the transcript shall be numbered consecutively and there shall be an index prepared by the clerk showing the location of each document in the transcript. The transcript shall be prepared in the form directed by the Supreme Court and the Court of Criminal Appeals which will make an order or orders in such respect for the guidance of trial clerks. In criminal cases, other than those in which the death penalty has been imposed, the transcript shall be made in duplicate and one copy shall be retained by the clerk for use by the parties with permission of the court. In cases in which the death penalty has been imposed, the transcript shall be prepared in triplicate and two copies shall be retained by the clerk, for use by the parties with the permission of the court. 2. Tex.R.app.Pro. 53(l) is amended to read as follows: (l) Duplicate statement in criminal cases. In criminal cases, other than the appeal of a capital murder conviction resulting in the sentence of death, if a party desires a Statement of Facts included in the record, a duplicate of the Statement of Facts shall be prepared by the court reporter and filed with the clerk of the court. For the appeal of a capital murder conviction resulting in the sentence of death, two duplicates of the Statement of Facts shall be prepared by the court reporter and filed with the clerk of the court. 3. Tex.R.App.Pro., Appendix for Criminal Cases, Rule 1(b)(2), is amended to read as follows: (2) Except as otherwise allowed by this rule, the statement of facts shall be typewritten or printed on opaque and unglazed white paper not less than 13-pound weight, 8-1/2 by 11 inches in size, in good standard type of pica size, 10 or 12 letters per linear inch, double spaced and in upper and lower case type, an average of 25 lines of type per page and typed on only one side of the paper, with no sheets cut or mutilated. The margin on the left-hand side of the page shall be not less than 1-1/4 inches nor more than 2 inches. The pages shall be numbered consecutively at the bottom of each page, securely bound on the left margin, and labeled on the cover thereof "Volume _____ of _____ Volumes." The statement of facts may be prepared in a condensed format, four pages of testimony to each side, duplex printed, along with an ASCII disk(s) containing the entire statement of facts. BE IT FURTHER ORDERED that the Clerk of this Court shall file with the Secretary of State of the State of Texas, for and in behalf and as the act of this Court, a duplicate original copy of this order and the Clerk shall cause them to be published in the Texas Register and the Texas Bar Journal, as provided by the above Act. BE IT FURTHER ORDERED that these amended rules become effective November 12, 1996, and remain in effect unless and until disapproved, modified or changed by the Legislature or unless and until supplemented or amended by this Court pursuant to the above Act. BE IT FURTHER ORDERED that this order and these rules shall be recorded in the minutes of this Court, and that the original of this order signed by the members of this Court and of these rules shall be preserved by the Clerk of this Court as a permanent record of this Court. SIGNED and ENTERED in duplicate originals this 12th of November, 1996. MICHAEL J. McCORMICK, Presiding Judge SAM HOUSTON CLINTON, Judge BILL WHITE, Judge CHARLES F. BAIRD, Judge MORRIS L. OVERSTREET, Judge FRANK MALONEY, Judge LAWRENCE E. MEYERS, Judge STEPHEN W. MANSFIELD, Judge SHARON F. KELLER, Judge Issued in Austin, Texas, on November 15, 1996. TRD-9616600 Richard Wetzel Executive Administrator Court of Criminal Appeals Filed: November 15, 1996 Edwards Aquifer Authority Notice of Public Hearing The Edwards Aquifer Authority will conduct three public hearings to receive comments on proposed rules governing the filing and processing of applications for permits to withdraw water from the Edwards Aquifer. These public hearings will be held at the following times and locations: November 25, 1996, at 7:00 p.m. City of San Marcos, Dunbar Recreation Center, 801 Martin Luther King Drive, San Marcos, Hays County, Texas December 3, 1996, at 6:30 p.m. Texas Agricultural Extension Service, 1619 Garner Field Road, Uvalde, Uvalde County, Texas December 5, 1996, at 7:00 p.m. Edwards Aquifer Authority, 1615 North St. Marys, San Antonio, Bexar County, Texas Issued in San Antonio, Texas, on November 18, 1996. TRD-9616769 Rick Illgner General Manager Edwards Aquifer Authority Filed: November 18, 1996 Employees Retirement System of Texas In accordance with sec.4 of Article 3.50-2, Texas Insurance Code, as amended, the Employees Retirement System of Texas (ERS) announces a request for applications from Health Maintenance Organizations (HMOs) to provide prepaid health benefits for the Texas Employees Uniform Group Insurance Program (UGIP) during Plan Year 1998, beginning September 1, 1997. HMOs must provide the level of benefits as required in the application. HMOs wishing to respond to this request must: 1) be certified by the State of Texas, 2) be Federally approved, 3) have been providing services in the service area for which application is made for at least 12 months prior to February 1, 1997, and 4) have at least 25 UGIP participants who reside within the HMO service area. The application is available upon request from the ERS. The deadline for receipt of the completed applications in response to this request will be 5:00 p.m. on February 3, 1997. The ERS reserves the right to accept or reject any application submitted. The ERS is under no legal requirement to execute a resulting contract on the basis on this advertisement. The ERS will base its choice of HMOs on demonstrated capacity to provide adequate services to UGIP participants, superior qualifications, and evidence of conformance with the application criteria. This application does not commit the ERS to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates the ERS to award a contract or to pay any costs incurred in the preparation of a response. The ERS specifically reserves the right to vary all provisions set forth at any time prior to execution of a contract where the ERS deems it to be in the best interest of the State of Texas. For further information regarding this notice, or to obtain copies of the application, contact James W. Sarver, Director, Group Insurance Division, Employees Retirement System of Texas, 18th and Brazos, P.O. Box 13207, Austin, Texas 78711-3207, (512) 867-3217. Issued in Austin, Texas, on November 18, 1996. TRD-9616750 Sheila W. Beckett Executive Director Employee Retirement System of Texas Filed: November 18, 1996 Texas Department of Health Correction of Errors The Texas Department of Health adopted new sec.289.258. The rule appeared in the July 16, 1996, issue of the Texas Register (21 TexReg 6628). On page 6633, sec.289.258(r)(1), second column, the paragraph was split at a reference to another paragraph causing confusion. The paragraph should read: "...who has completed the requirements of this paragraph and paragraphs (2) and (3) of this subsection, the individual..." On pages 6633-6634, sec.289.258(r)(2), the paragraph was split at a reference to another paragraph causing confusion. The paragraph should read: "...who has completed the requirements of this paragraph and paragraphs (I) and (3) of this subsection...". On page 6634, sec.289.258(r)(3), page 21 TexReg 6634, first column, the paragraph was split at a reference to another paragraph causing confusion. The paragraph should read: "...who has completed the requirements of this paragraph and paragraphs (1) and (2) of this subsection...". On page 6634, sec.289.258(s)(3)(A), second column, subparagraphs (A) and (B) run together causing confusion. The subparagraphs should be split as follows: "(A) the revisions do not reduce the safety of the facility; (B) the revisions are consistent with the outline or summary of procedures including procedures for changes to operating, safety, and emergency procedures submitted with the license applications;" On page 6635, sec.289.258(t)(1), first column, a parentheses is missing at the end of the second sentence in paragraph. The sentence should read as follows: "...accident dose ranges (see sec.289.202(p)(3) of this title)." On page 6635, sec.289.258(t)(2), first column, the last sentence is missing some language. The last sentence should read as follows: "Acceptable dosimeters shall read within +/- 30% of the true radiation dose." On page 6635, sec.289.258(u)(3), first column, most of the language of the paragraph is missing. The paragraph should read as follows: "Portable radiation survey meters shall be calibrated at least annually to an accuracy of +/- 20% for the gamma energy of the sources in use. The calibration shall be done at one point per decade over the range that will be used. Portable radiation survey meters shall be of a type that does not saturate and read zero at high radiation dose rates." On page 6637, sec.289.258(cc)(1)(E), first column, delete the letter "z at the beginning of the word "inoperability." Notice of Emergency Cease and Desist Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Methodist Health Care System of San Antonio, Ltd., doing business as Village Oaks Medical Center, (registrant R14294) of San Antonio to cease and desist using the Bennett x-ray unit (Model Number CM650, Serial Number 6B-11415) to perform x-ray procedures until all the health-related violations found during a recent inspection of the facility have been corrected. The bureau determined that continued radiation exposure to patients in excess of that required to produce a diagnostic image constitutes an immediate threat to public health and safety, and the existence of an emergency. The registrant is further required to provide evidence satisfactory to the bureau regarding the actions taken to correct the violations and the methods used to prevent their recurrence. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on November 15, 1996. TRD-9616654 Susan K. Steeg General Counsel Texas Department of Health Filed: November 15, 1996 Notice of Revocation of Certificates of Registration The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following certificates of registration: Hal C. Douglass, M.D., Dallas, R02252, October 28, 1996; James L. Bowman, D.D.S., Austin, R08411, October 28, 1996; O'Quinn Veterinary Hospital, Pinehurst, R15429, October 28, 1996; Masterson, Fort Worth, R17147, October 28, 1996; Midwest X-Ray, Maple Plain, Minnnesota, R17150, October 28, 1996; Larry B. Fowler, D.D.S., Conroe, R20694, October 28, 1996. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on November 15, 1996. TRD-9616656 Susan K. Steeg General Counsel Texas Department of Health Filed: November 15, 1996 Notice of Revocation of Radioactive Material Licenses The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following radioactive material licenses: Amber Well Completion Rental, Inc., Austin, L03267, October 28, 1996; Navasota Regional Hospital, Navasota, L03324, October 28, 1996. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on November 15, 1996. TRD-9616655 Susan K. Steeg General Counsel Texas Department of Health Filed: November 15, 1996 Statewide Request for Proposals-Temporary Child Care for Children with Disabilities and Chronic Illness The Texas Department of Health (TDH) is soliciting proposals for the provision of respite care services to families with children who are medically fragile or medically complex in Harris County. Respite services are defined as: any support options provided on a short term basis for the purpose of relief to the primary care giver in providing care to individuals of all ages with disabilities, and\or children or adults at risk of abuse or neglect. For the purposes of this RFP, respite services will be targeted to children who are medically fragile or medically complex, ages 0-21 and on program waiting lists. This proposal seeks applicants to continue the development of a prototype respite service in Harris County, Texas to meet the unique needs of families who have children with special health care needs who are medically fragile or medically complex and who are on waiting lists for respite services. Priority consideration will be given to nonprofit agencies and organizations which have experience in working with children with disabilities, terminal or chronic illness, and their families. The project is intended to maintain and support the family unit, to strengthen the parent-child bond, and to alleviate social, economic, and financial stress for these families. Applicant agencies must use a collaborative model for respite services; be family-driven, family-centered, and promote family choice through an available respite voucher system; be cost effective (there is a required 25% match by applicant agencies); provide access to quality in-home respite services, out-of-home respite services, and hospital-based respite services by an experienced pediatric service provider; link to child licensing and child placement service agencies for the development of habilitative homes; coordinate with families, care givers, local physicians, and other related family support and medical services; link to subspecialty medical and rehabilitative services; and provide information and referral services. A sliding fee scale must be implemented for respite services. One temporary child care (respite) project will be funded and reimbursed through a contractual agreement with TDH, Bureau of Children's Health. A federal grant has been awarded to the Texas Department of Health for a three-year period from October 1, 1994 through September 30, 1997. The project selected through this request for proposal will complete the third year of the grant (fiscal year 1997). It is anticipated that an additional award will be available through a no-cost extension for partial funding for fiscal year 1998. The contract award will be based on available federal funding. The contract will be in accordance with Texas law, TDH policies, and the Uniform Grant and Contract Management Acts (UGCMA) Manual which is available from TDH, Grants Management Division, 1100 West 49th Street, Austin, Texas 78756-3199. Proposals will be evaluated on the following criteria: documentation of the ability to provide respite services to families with children who are medically fragile, targeting minority children and children with AIDS; evidence of multi- agency involvement and collaboration in project design and operation; evidence of experience in managing grant funds; the cost effectiveness of service options selected; assurance of mechanisms to meet the new requirements of the Home and Community Support Services Act of Texas; array of respite services offered; coordination with Community Resource Coordinating Groups (CRCG) and regional TDH staff; assurance of collaboration with Child Care and Development Block Grants; evidence that cultural competence of service providers has been considered; evidence of a mechanism for planning for respite services after initial grant funds terminate; the quality of the proposal's written operating plan; the availability of other funding sources; the caliber and experience of project staff; the demonstration of ability to meet unique cultural, geographic, and demographic needs; and evidence of broad-based community support. Applicant agencies must have a base of operation physically located in Harris County. Proposals submitted will include: a plan to provide services to a minimum of 60 families; discussion of the model to be utilized; a detailed plan describing the project's purpose, goals, services, objectives and activities; an evaluation component to assess the project's effectiveness; specific responsibilities of project staff; and documentation of broad local community and area support. A process should be described to develop a mechanism for ongoing future funding which is locally-based. Only one project will be funded at approximately $100,000 for fiscal year 1997. All income generated from third party payments and fees to families must be utilized by the contract recipient in accordance with TDH policy interpreting the UGCMA regulations. It is anticipated that the Texas Respite Resource Network (TRRN) will provide ongoing technical assistance and consultation to the project which is funded. Proposal packets may be obtained by contacting Wanda Hamm, Bureau of Children's Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756- 3179 ((512) 458-7111, extension 3069). Proposals must be received in the TDH central office by 5:00 p.m. on Friday, December 20th, 1996. Proposals that do not meet this deadline will not be considered. TDH reserves the right to reject any or all applications and is not liable for any costs incurred by the applicant in the development, submission, or review of the application. Any costs incurred in the preparation of the application shall be borne by the applicant and are not allowable in this RFP. Issued in Austin, Texas, on November 18, 1996. TRD-9616789 Susan K. Steeg General Counsel Texas Department of Health Filed: November 18, 1996 Texas Health and Human Services Commission Excluded Medicaid Providers In compliance with the Medicare and Medicaid Patient Protection Act of 1987, the following list provided by the Texas Health and Human Services Commission (HHSC) which identifies providers or employees of providers who are excluded from state and federal health care programs since publication of the May 1996 Medicaid Bulletin. Providers excluded from the Medicaid and Title XX programs must not order or prescribe services to clients after the date of exclusion. Services rendered under the medical direction or under the prescribing orders of an excluded provider will also be denied. Providers who submit cost reports cannot include the salaries/wages/benefits of employees who have been excluded from Medicaid. Additionally, excluded employees are not permitted to provide Medicaid services to any patient/client. Name License/Provider Number City Effective Date of Exclusion Period of Exclusion DOCTORS: Bailey, Jr., John L., DC Channelview 08/13/96 INDEFINITE Barnes, Carnell M., PhD Haworth, OK 08/13/96 INDEFINITE Bonds, Douglas B., MD H3551 Baton Rouge, LA 06/22/96 INDEFINITE Brown, William C., MD H3859 Houston 08/17/96 INDEFINITE Calhoun, George W., DC Austin 08/13/96 INDEFINITE Castella, Antonio, MD F0146 New York, NY 06/22/96 INDEFINITE Goldman, Eugene J., MD D1426 Houston 08/17/96 INDEFINITE Gorman, Mary G., MD H3249 Austin 08/17/96 INDEFINITE Hunsdon, Cary R., DC 5744 Arlington 09/15/96 INDEFINITE Hunt, Glenn R., MD D7095 Copperas Cove 06/22/96 INDEFINITE Kotula, Jeanne, PhD Sheppard AFB 10/10/96 INDEFINITE Noaman, Abdul G.A., MD F0273 Sherman 08/17/96 INDEFINITE Oliver, Monte B., DC C4694 Lindale 08/13/96 INDEFINITE Patton, Garry J., MD G1746 Mexia 08/17/96 INDEFINITE Placide, Frantz, OD G5055T El Paso 08/13/96 INDEFINITE Poscablo, Teodulo M., MD H5034 Arlington 06/22/96 INDEFINITE Riedweg, Edward A., MD E3757 Hunt 08/17/96 INDEFINITE Saleh, Waleed, MD F2897 Olean, NY 08/17/96 INDEFINITE Saunders, Ronald W., DC C4700 San Antonio 09/15/96 INDEFINITE Vera, Alfonso, MD Puebla, Mexico 08/13/96 INDEFINITE Woywood, Roger B., DC C5130 Dallas 08/13/96 INDEFINITE NURSES: Bates, Eileen M., RN 516043 Odessa 06/19/96 INDEFINITE Bond, Susan J., RN 507890 Houston 05/15/96 INDEFINITE Boner, Judith C., LVN 072595 Decatur 10/24/96 5 years Collins, Glenda J., RN 239510 Austin 02/28/96 INDEFINITE Diamond, Patrick F., RN 243182 Corpus Christi 03/29/96 INDEFINITE Langenheim-Delacosa, Ann E., RN 563233 Houston 07/25/96 INDEFINITE Lebron, David D., RN 566096 Metairie, LA 06/19/96 INDEFINITE Nelson, Scott N., RN 610854 San Angelo 10/31/96 5 years Nielsen, Inas L., RN 446736 Corpus Christi 06/19/96 INDEFINITE Strutton, Denise D., RN 462396 Sachse 06/19/96 INDEFINITE Issued in Austin, Texas, on November 14, 1996. TRD-9616542 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: November 14, 1996 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for incorporation in Texas for Sierra Casualty Insurance Company of Texas, a domestic fire and casualty company. The home office is in Dallas, Texas. Application for incorporation in Texas for Contractors Mutual Insurance Company, a domestic fire and casualty company. The home office is in Fort Worth, Texas. 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 November 15, 1996. TRD-9616717 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: November 15, 1996 Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers Notice is given to the public of the application of the listed small employer carriers to be risk-assuming carriers under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk- assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carriers have applied to risk-assuming carriers: Mercy Health Plans of Missouri, Inc. Comprehensive Health Services of Texas, Inc. The applications are subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas. If you wish to comment on these applications to be risk-assuming carriers, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Caroline Scott, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the applications, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the applications to be risk-assuming carriers. Issued in Austin, Texas, on November 15, 1996. TRD-9616716 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: November 15, 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 ITT-Comprehensive Employee Benefit Service Company, a foreign third party administrator. The home office is Simsbury, 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 November 15, 1996. TRD-9616713 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: November 15, 1996 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 Linda H. Hicks (doing business under the assumed name of Flex Benefit Administrators), a domestic third party administrator. The home office is Houston, Texas. 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 November 15, 1996. TRD-9616714 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: November 15, 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 Harris Methodist Health, Inc., a domestic third party administrator. The home office is Fort Worth, Texas. 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. Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Issued in Austin, Texas, on November 15, 1996. TRD-9616711 Filed: November 15, 1996 Texas Department of Mental Health and Mental Retardation Notice of Correction Regarding Availability of 6-Bed Facility in the ICF/MR Program Notice is hereby given that a change in procedure has occurred regarding the availability of a 6-bed facility in the ICF/MR Program originally published in the October 1, 1996, Texas Register. Applications will be accepted from 8:00 a.m. to 5:00 p.m. on November 26, 1996. All applications received on November 26, 1996, will be placed in a drawing to determine which application will be approved to develop the available six beds in Region 8 or 11. The first application drawn that is in complete compliance with 25 TAC sec.406.53, Provider Application Requirements Specific to ICF/MR, will be approved to develop the available six beds in Region 8 or 11. As stated in the original notice, to obtain an application, a written request should be mailed to: TDMHMR, ICF/MR Provider Enrollment/Contracting, Medicaid Administration, P.O. Box 12668, Austin, Texas 78711-2668. Completed applications should be mailed to: TDMHMR, ICF/MR Provider Enrollment/Contracting, Medicaid Administration, P.O. Box 12668, Austin, Texas 78711-2668 or hand delivered to TDMHMR, ICF/MR Provider Enrollment/ Contracting, Medicaid Administration, 909 West 45th, Building 4, Austin, Texas 78751. Only those applications received on November 26, 1996, will be eligible for the drawing. Only one application per owner will be included in the drawing. Requests for additional information regarding this notice should be directed to Medicaid Administration, Contracts Section at (512) 206-5718. Issued in Austin, Texas, on November 14, 1996. TRD-9616441 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: November 13, 1996 Notice of Public Hearing The Texas Department of Mental Health and Mental Retardation (TDMHMR) will conduct a public hearing to receive comments on the department's proposed reimbursements for the following Medicaid program: State-operated ICF/MR. The proposed reimbursements will cover the time period January 1, 1997 through December 31, 1997. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, sec.409.002(j), which requires a public hearing on proposed reimbursement rates for medical assistance programs. The hearing will be held at 8:30 a.m., Tuesday, December 10, 1996, in the Auditorium of the TDMHMR Central Office (main building) at 909 West 45th Street in Austin, Texas. Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725. Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at 512/206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas, on November 18, 1996. TRD-9616810 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: November 18, 1996 Texas Natural Resource Conservation Correction of Error The Texas Natural Resource Conservation Commission adopted new sec.sec.122.511- 122.515, concerning the requirements for specific general operating permits. The rules appeared in the October 11, 1996, issue of the Texas Register (21 TexReg 9863. On page 9865, first paragraph under issue number 4, last line, the reference should be to sec.122.512(c)(12), rather than to sec.122.512(12). On page 9867, first paragraph under issue number 20, third sentence, the acronym for nitrogen oxides (Nox) was divided. The "NO" ended the line, and the subscript "x" appeared at the beginning of the next line. On page 9882, paragraph (17), last line, the reference to sec.115.212(a)(2) and (4)-(6) of this title... was split and an extra line inserted. On page 9884, 9897, and 9901, second column, subparagraph (I) was italicized and indented, such that it appeared to be a subclause. The following corrections are to the permit tables which were published in the Tables and Graphics part of the issue. On page 10000, Figure 19:30 TAC sec.122.511(c)(15), the Index Numbers in the fourth column 511-20-001, 511-20-002, and 511-20-003 should instead read 511-19- 001, 511-19-002, and 511-19-003. On page 10042, Figure 8:30 TAC sec.122.515(c)(5), Index Numbers, eighth column, 515-08-012 was skipped. Therefore, the index numbers from 515-08-013 through 515-08-71 should all be renumbered. On page 10049, Figure 9:30 TAC sec.122.515(c)(6), the Index Number in the sixth column, last row 515-09-0123 should instead read 515-09-013. On pages 10052-10057, Figure 13:30 TAC sec.122.515(c)(10), the Index Numbers in the seventh column are almost all misnumbered. They should be sequentially numbered in each row starting from row two's index number 515-13-002 (the first row's index number is correct as are rows 3-1) through 515-13-058. On page 10061, Figure 17:30 TAC sec.122.515(c)(14), in the last row and in the last column (entitled Recordkeeping and Reporting) the "77" should be deleted from the citation sec.115.136(b)(2), (D)(3), (4)77. Notice of Applications for Waste Disposal Permits for the week ending November 8th-November 15, 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. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the permit number or other recognizable reference to this application; (3) the statement "I/we request a public hearing;" (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; (5) a description of the location of your property relative to the applicant's operations; and (6) your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. 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. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. 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. CITY OF DEPOT, P.O. Box 354-A, Deport, Texas 75435, the City of Deport Wastewater Treatment Plant, the plant site is approximately 1,000 feet south of South Highway 271 and 1,400 feet west of the intersection of Farm-to-Market Road 1149 and U.S. Highway 271 in Lamar County, Texas, renewal, 10741-01. HORNSBY BEND UTILITY COMPANY, INC., 3223 Parkhills Drive, Austin, Texas 78746, the Austin's Colony Wastewater Treatment Facilities are approximately 1.3 miles south-southeast of the intersection of Farm-to-Market Road 969 and Hunter Bend Road and approximately 2.3 miles southeast of the intersection of Farm-to-Market Roads 969 and 973 in Travis County, Texas, renewal, 13138-01. CITY OF HOUSTON, DEPARTMENT OF PUBLIC WORKS AND ENGINEERING, P.O. Box 262549, Houston, Texas 77207-2549, the wastewater treatment facilities are south of Huffman-Eastgate Road, approximately 6,500 feet west of the intersection of Farm-to-Market Road 1960 and Huffman-Eastgate Road in Harris County, Texas, renewal, 10495-115. CITY OF HOUSTON, Department of Public Works and Engineering, P.O. Box 262549, Houston, Texas 77207-2549, the HC MUD #266 Wastewater Treatment Plant is 6,000 feet southwest of the intersection of U.S. Highway 59 and the North Belt Freeway and 750 feet south of the North Belt Freeway, north of the City of Houston in Harris County, Texas, renewal, 10495-137. IDLEWOOD PROPERTY OWNERS ASSOCIATION, INC., P.O. Box 3056, Lufkin, Texas 75903- 3056, the wastewater treatment facilities are approximately 0.6 mile northeast of U.S. Highway 69, approximately 1.5 miles northwest of the City of Lufkin and 1.9 miles southeast of the intersection of U.S. Highway 69 and Farm-to-Market Road 2021 in Angelina County, Texas, amendment, 11620-01. LAKEVIEW METHODIST ASSEMBLY, Route 5, Box 5586, Palestine, Texas 75801, the wastewater treatment facilities are approximately one mile north of State Highway 294 and approximately three miles east of the intersection of State Highway 294 and U.S. Highway 79 in Anderson County, Texas, renewal, 10578-01. CITY OF MARSHALL, P.O. Box 698, Marshall, Texas 75671, the Southside Wastewater Treatment Plant is southeast of the City of Marshall, approximately 1,800 feet southeast of the intersection of Interstate Highway 20 and Five Notch Road in Harrison County, Texas, amendment, 10583-002. CITY OF SAN JUAN, 709 South Nebraska, San Juan, Texas 78589, the wastewater treatment plant is approximately 1.9 miles south of U.S. Highway 83 Business Route at the south end of the San Antonio Road in the City of San Juan in Hidalgo County, Texas, renewal, 11512-01. SIERRA HEALTH SYSTEMS MANAGEMENT, INC., 816 Congress Avenue, Austin, Texas 78701, the wastewater treatment facility and disposal site are at 11127 Circle Drive, approximately 1,200 feet northeast of the intersection of U.S. Highway 290 and Circle Drive, approximately 5.0 miles west of the intersection of U.S. Highway 290 and State Highway 71 in Travis County, Texas, new, 13860-01. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Institutional Division, P.O. Box 99, Huntsville, Texas 77342-0099, the Ellis Unit No. 1 Wastewater Treatment Plant is approximately 3.5 miles northwest of State Highway 19 on Farm-to-Market Road 980 and approximately 12 miles northeast of the City of Huntsville in Walker County, Texas, renewal, 11180-01. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, P.O. Box 99NC, Huntsville, Texas 77342- 0099, the wastewater treatment facilities are on the Smither's Farm Road, outside the southeast corner of the security compound of Ellis II unit; approximately two miles north of the intersection of Farm-to-Market Road 980 and Turkey Creek in Walker County, Texas, amendment, 11180-02. TEX-SUN PARKS, L.C., 11767 Katy Freeway, Suite 690, Houston, Texas 77079, the Western Pines Mobile Home Community Wastewater Treatment Plant is approximately 2,000 feet west of Fry Road and 1,000 feet north of Morton Road in Harris County, Texas, amendment, 12189-01. UNION OIL COMPANY OF CALIFORNIA, P.O. Box 237, Nederland, Texas 77627, the Beaumont Terminal, a bulk oil storage and shipment terminal for crude oil, intermediates, and refined petroleum products, the plant site is on the north side of State Highway 366, approximately 1,500 feet east of the intersection of State Highway 366 and State Highway 347, adjacent to the City of Nederland, Jefferson County, Texas, amendment, 00316. U.S. DEPARTMENT OF AGRICULTURE-FOREST SERVICE, 701 North First Street, Lufkin, Texas 75901, the Ragtown Recreation Area Wastewater Treatment Facilities, the plant site is on the north side of Forest Road 132, approximately two miles east of the intersection of Farm-to-Market Road 3184, Forest Road 126 and Forest Road 132; on the shores of Toledo Bend Reservoir at the Brushy Creek inlet in the Sabine National Forest in Shelby County, Texas, renewal, 12269-01. WILLIAMSBURG REGIONAL SEWAGE AUTHORITY, 1100 Louisiana Street, Suite 400, Houston, Texas 77002-5211, the Willamsburg Regional Sewage Authority Wastewater Treatment Plant is at 22823 Franz Road, approximately 5,000 feet west and 5,600 feet north of the intersection of Interstate Highway 10 and Mason Road in Harris County, Texas, renewal, 11598-01. Issued in Austin, Texas, on November 15, 1996. TRD-9616611 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: November 15, 1996 Notice Of Receipt Of Application And Declaration Of Administrative Completeness For Municipal Solid Waste Management Facilities For The Week Ending November 15, 1996 APPLICATION BY THE CITY OF SNYDER; Proposed Permit Amendment Number MSW1463-A, authorizing an amendment to their Type I and IV (Landfill) municipal solid waste management facility permit. The existing site covers about 142.5 acres of land and is to daily receive about 80 tons of solid waste. The site is located on South Highway 84, about 35 miles southeast of the City of Snyder, in Scurry County, Texas. APPLICATION BY WASTE MANAGEMENT OF TEXAS, INC.; Proposed Permit Amendment Number 2093-A, authorizing an amendment to their Type I (Landfill) municipal solid waste management facility permit. The existing site covers about 478.52 acres of land, and is to daily receive about 5,000 tons of solid waste. The site is located on Covel Road, about 1.25 miles southwest of the intersection of Ray Ellison Boulevard and Interstate Highway 410, in the City of San Antonio, Bexar County, Texas. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on November 15, 1996. TRD-9616612 Mamie M. Black Acting Chief Clerk Texas Natural Resource Conservation Commission Filed: November 15, 1996 Texas Parks and Wildlife Department Meeting of Barton Springs Salamander Conservation Team The Barton Springs Salamander Conservation Team (BSSCT) will hold a working group meeting on Thursday, December 19, 1996, 9:00 a.m. at the U.S. Fish and Wildlife Service, Ecological Services-Filed Office (Hartland Bank Building), 10711 Burnet Road, Austin. The public is invited to observe this meeting. No opportunity for oral comments from the public is allotted for this meeting, but written comments will be accepted. For more information, contact Dr. David E. Bowles, BSSCT Chairman (512) 754-6844. Issued in Austin, Texas, on November 15, 1996. TRD-9616608 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Filed: November 15, 1996 Public Utility Commission of Texas Assessment Percentages for Relay Texas In accordance with Substantive Rule sec.23.56, subsection (h)(2), the new assessment percentages for funding of the intrastate portion of Relay Texas are as follows: 1) The percentage assigned to the Local Exchange Carriers (LEC's) is 94.2%. 2) The percentage assigned to other telecommunications utilities is 5.8%. Commencing with the November 1996 Universal Service Fund (USF) billing statement which reflects September 1996 Relay Texas operations, these percentages will be used by the Texas Exchange Carriers Association (TECA) in the development of the Dual Party Relay Service assessments issued to the LEC's and other telecommunications utilities. The percentages will be reviewed and adjusted annually, pursuant to Substantive Rule sec.23.56, subsection (h)(2)(B). Issued in Austin, Texas, on November 14, 1996. TRD-9616510 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 14, 1996 Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 445 station addition to the existing PLEXAR-Custom Service for City of Laredo in Laredo, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for 445 Station Addition to Existing PLEXAR-Custom Service for City of Laredo in Laredo, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16638. The Application. Southwestern Bell Telephone Company is requesting approval for a 445 station addition to an existing PLEXAR-Custom service for City of Laredo in Laredo, Texas. The geographic service market for this specific service is the San Antonio, 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 November 18, 1996. TRD-9616759 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 18, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a station addition to the existing PLEXAR-Custom Service for Austin Community College in Austin, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Station Addition to Existing PLEXAR-Custom Service for Austin Community College in Austin, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16637. The Application. Southwestern Bell Telephone Company is requesting approval for a station addition to an existing PLEXAR-Custom service for Austin Community College in Austin, Texas. The geographic service market for this specific service is the Austin, 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 November 18, 1996. TRD-9616760 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 18, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of new PLEXAR-Custom Service for Bank One in Dallas, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for new PLEXAR-Custom Service for Bank One in Dallas, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16649. The Application. Southwestern Bell Telephone Company is requesting approval for new PLEXAR-Custom service for Bank One in Dallas, Texas. The geographic service market for this specific service are the Dallas, Austin, San Antonio, and Houston, Texas areas. 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 November 18, 1996. TRD-9616756 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 18, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of an Optional Features addition to the existing PLEXAR-Custom Service for Victoria ISD in Victoria, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Optional Features Addition to Existing PLEXAR-Custom Service for Victoria ISD in Victoria, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16636. The Application. Southwestern Bell Telephone Company is requesting approval for a Optional Features addition to an existing PLEXAR-Custom service for Victoria ISD in Victoria, Texas. The geographic service market for this specific service is the Corpus Christi, 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 November 18, 1996. TRD-9616757 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 18, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of new PLEXAR-Custom Service for Uvalde Consolidated ISD in Uvalde, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for new PLEXAR-Custom Service for Uvalde Consolidated ISD in Uvalde, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16635. The Application. Southwestern Bell Telephone Company is requesting approval for new PLEXAR-Custom service for Uvalde Consolidated ISD in Uvalde, Texas. The geographic service market for this specific service is the San Antonio, 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 November 18, 1996. TRD-9616758 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 18, 1996 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of a 445 station addition to the existing PLEXAR-Custom Service for City of Laredo in Laredo, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for 445 Station Addition to Existing PLEXAR-Custom Service for City of Laredo in Laredo, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 16638. The Application. Southwestern Bell Telephone Company is requesting approval for a 445 station addition to an existing PLEXAR-Custom service for City of Laredo in Laredo, Texas. The geographic service market for this specific service is the San Antonio, 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 November 18, 1996. TRD-9616761 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 18, 1996 Public Notice On November 6, 1996, Southwestern Bell Telephone Company (SWB) and Metrolink Telecom, Inc. (Metrolink) collectively referred to as Applicants filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (Public Law Number 104-104, 110 Stat. 56 (1996), (to be codified at 47 United States Code sec.sec.151 et. seq.). and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statutes Annotated article 1446c-0 Vernons Supp. 1996). The joint application has been designated Docket Number 16618. 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 16618. 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 December 10, 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 16618. Issued in Austin, Texas, on November 14, 1996. TRD-9616509 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: November 14, 1996