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 Seed Administrative Penalty Matrix The Department of Agriculture (the department) is publishing the following administrative penalty matrix to inform the regulated public. This matrix has been developed to provide consistent, uniform, and fair penalties for violators of Chapter 61, Subchapter B, Texas Agriculture Code, (the Code) and will replace the previous matrix as published in the May 5, 1995, issue of the Texas Register (20 TexReg 3371). The department's authority for the enforcement of Chapter 61 is found in the Code,sec.12.020 whereby the department may assess administrative penalties for each violation. This matrix is based upon current information and reflects current industry trends. As the enforcement of these types of violations continues and additional data are gathered, the matrix will be reviewed and if need be, adjusted to reflect any changes in the information upon which the current matrix is based. For each type of offense there is a penalty range for initial violations. The range increases for subsequent violations. The ranges were established by considering the criteria set forth in the Code, sec.12.020(d): (1) the seriousness of the violation, including but not limited to the nature, circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public; (2) the damage to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter future violations; (5) efforts to correct the violation; and (6) any other matter that justice may require. Due to the nature of the seed industry, the potential for hazard to the health or safety of the public is unlikely. However, the hazard or potential hazard to the horticultural or agricultural community will be applied to the violations. This factor will be considered on a case-by-case basis. The low end of each range is the presumptive base penalty for each violation, and represents an appropriate penalty for violations which are considered "minor" with respect to the criteria set forth in the Code, sec.12.020(d). Penalties may be increased to the maximum within each range as the department considers the circumstances and facts of each violation in light of the criteria in the Code, sec.12.020(d). Additional adjustments in the penalty may be allowed for extenuating circumstances as justice requires. The penalty matrix takes into consideration prior violations of the same type which will result in an increased administrative penalty. This is expressed by the use of levels: 1st Level No previous violation(s) of the same type within past 3 calendar years, beginning January 1, 1997. 2nd Level Violation(s) of the same type in 1 year of past 3 calendar years, beginning January 1, 1997. 3rd Level Violation(s) of the same type in 2 calendar years of past 3 calendar years, beginning January 1, 1997. 4th Level Violation(s) of the same type in each of past 3 calendar years, beginning January 1, 1997. This penalty matrix will be effective for penalties assessed on or after the date of publication. [graphic] [graphic[ [graphic] [graphic] [graphic] Issued in Austin, Texas, on December 31, 1996. TRD-9618756 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: December 31, 1996 Texas Department of Housing and Community Affairs-Manufactured Housing Division Notice of Administrative Hearing (MHD1997000807M) Friday, January 10, 1997, 9:00 a.m. State Office of Administrative Hearing, 300 West 15th Street, Suite 502 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Clifford Bell on denial of certificate of registration as a salesperson in accordance with the Texas Manufactured Housing Standards Act, Texas Revised Statutes Annoted, article 5221f, sec.sec.7(l) and 7(k)(8) and 10 Texas Admin. Code, sec.80.125(j). SOAH 332-96-2428. Department MHD1997000807-M. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on December 31, 1996. TRD-9618736 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: December 31, 1996 Texas Department of Human Services Closed Solicitation for LaSalle County Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is closing the solicitation for new Medicaid beds in Lasalle County, County Number 142, which appeared in the September 5, 1995, issue of the Texas Register (20 TexReg.6949). The solicitation is being closed effective the date of this public notice. Issued in Austin, Texas, on December 30, 1996. TRD-9618712 Glenn Scott Agency Liaison Texas Department of Human Services Filed: December 30, 1996 Open Solicitation for Upton County Pursuant to Title 2, Chapters 22 and 32 of the Human Resources Code and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg. 2443), the Texas Department of Human Services (TDHS) is announcing the reopening of the open solicitation period for Upton County, County Number 231, identified in the November 19, 1996, issue of the TexReg 21 (11318). Potential contractors desiring to construct a 90-bed nursing facility in the above referenced county must submit a written reply (as described in 40 TAC sec.19.2324) to TDHS, Gary L. Allen, Certification, Provider Enrollment, & Billing Services, Long Term Care-Regulatory, Mail Code (Y-976), P.O. Box 149030, Austin, Texas 78714-9030. Upon receipt of a reply from a potential contractor, TDHS will place a notice in the Texas Register to announce the closing date of the reopened solicitation period. Issued in Austin, Texas, on December 30, 1996. TRD-9618711 Glenn Scott Agency Liaison Texas Department of Human Services Filed: December 30, 1996 Public Utility Commission of Texas 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 new PLEXAR-Custom Service for Medpartners in San Antonio, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for New PLEXAR-Custom Service for Medpartners in San Antonio, Texas, Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27. Tariff Control Number 16805. The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Medpartners in San Antonio, 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 December 30, 1996. TRD-9618727 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 30, 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 new PLEXAR-Custom Service for Duncanville ISD in Duncanville, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for New PLEXAR-Custom Service for Duncanville ISD in Duncanville, Texas, Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27. Tariff Control Number 16814. The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Duncanville ISD in Duncanville, Texas. The geographic service market for this specific service is the Dallas, Texas, area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on December 30, 1996. TRD-9618723 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 30, 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 20 station addition to the existing PLEXAR-Custom Service for Bank One in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for 20 Station Addition to Existing PLEXAR-Custom Service for Bank One in Fort Worth, Texas, Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27. Tariff Control Number 16815. The Application. Southwestern Bell Telephone Company is requesting approval for a 20 station addition to the existing PLEXAR-Custom service for Bank One in Fort Worth, Texas. The geographic service market for this specific service is the Dallas, Texas, area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on December 30, 1996. TRD-9618724 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 30, 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 459 station addition to the existing PLEXAR-Custom Service for Nations Bank-Fort Worth in Fort Worth, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for 459 Station Addition to Existing PLEXAR-Custom Service for Nations Bank-Fort Worth in Fort Worth, Texas, Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27. Tariff Control Number 16816. The Application. Southwestern Bell Telephone Company is requesting approval for a 459 station addition to the existing PLEXAR-Custom service for Nations Bank- Fort Worth in Fort Worth, Texas. The geographic service market for this specific service is the Dallas, Texas, area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Consumer Affairs Section at (512) 936-7120. Hearing and speech-impaired individuals with Texas telephones (TTY) may contact the Commission at (512) 936-7136. Issued in Austin, Texas, on December 30, 1996. TRD-9618725 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 30, 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 new PLEXAR-Custom Service for Texas A&M University Institute of Biosciences and Technology in College Station, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Texas A&M University Institute of Biosciences and Technology in College Station, Texas, Pursuant to Public Utility Commission SUBSTANTIVE RULE 23.27. Tariff Control Number 16817. The Application. Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Texas A&M University Institute of Biosciences and Technology in College Station, 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 December 30, 1996. TRD-9618726 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 30, 1996