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. 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 December 31, 1996. TRD-9618787 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissoner Filed: January 2, 1997 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 two points on each scale or for digital instruments, 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." The correction of error was previously published in the August 16, 1996 and November 22, 1996, issues of the Texas Register Department of Information Resources Notice of Contract Award The Department of Information Resources (DIR) files this notice regarding the award of a contract for consulting services in accordance with the provisions of Chapter 2254, Subchapter B of the Government Code. Notice of a request for submission of proposals was published in the August 30, 1996, issue of the Texas Register (21 TexReg 8328). The private consultant will assist DIR and the Texas Department of Criminal Justice (TDCJ) in connection with TDCJ's offender information management reengineering project by finalizing the project work plan, documenting the business context, addressing TDCJ's change management issues, preparing a needs assessment, mapping TDCJ's process baseline, conducting a systems assessment, identifying industry best practices and comparing TDCJ's practices to those, prioritizing the target reengineering areas, and preparing budget estimates for Phase II of the project. The name of the private consultant is IBM Corporation Government Consulting Group. The business address of the private consultant is 1301 K Street, NW, Washington, D.C. 20005. The total value of the consultant services contract is $974,650. The beginning date is November 4, 1996 and the ending date is April 18, 1997. The dates on which documents or reports that the consultant is required to present to the agency are due as follows: (1) Project Work Plan: November 15, 1996; (2) Business Context Report: December 4, 1996; (3) Change Management/Needs Assessment Report: January 30, 1997; (4) Process Baseline: March 27, 1997; (5) Systems Assessment: February 28, 1997; (6) Best Practices Report: March 14, 1997; and (7) Prioritization and Final Report: April 18, 1997. Project management reports will also be submitted monthly during the term of the contract. Issued in Austin, Texas, on January 2, 1997. TRD-9700043 C. J. Brandt, Jr. General Counsel Texas Department of Information Resources Filed: January 2, 1997 Texas Department of Insurance Notice of 1996 Texas Title Insurance Biennial Hearing DOCKET NUMBERS 2278 and 2279 Notice is hereby given that a hearing will be held before the Commissioner of Insurance. The hearing will consist of a rulemaking phase and a ratemaking phase. The rulemaking phase, under Docket Number 2278, will be for the consideration of rules, forms, and endorsements, and related matters not having rate implications. The ratemaking phase, under Docket Number 2279, will be for the consideration of fixing the premium rate and other matters with rate implications. The hearing for the rulemaking phase will begin at 9:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas on March 18, 1997, and continue thereafter at dates, times, and places designated by the commissioner until conclusion. Due to related matters pending before the Department, discussed below, the hearing for the ratemaking phase will begin at 9:00 a.m. on June 24, 1997, and continue thereafter at dates, times, and places designated by the commissioner until conclusion. The commissioner will conduct both phases of the hearing; provided, however, that the ratemaking phase of the hearing may be conducted by the State Office of Administrative Hearings in accordance with Article 1.33B, Texas Insurance Code at the direction of the commissioner or at the written request of any person seeking admission as a party to the ratemaking phase of the hearing. The commissioner will certify which matters have rate implications to be considered in the ratemaking phase of the hearing. Authority, Jurisdiction and Statutes and Rules Involved The Commissioner of Insurance has jurisdiction over the promulgation of rules and premium rates, over amendments to or promulgation of approved forms, and over other matters set out in this notice pursuant to Texas Insurance Code, Articles 1.02, 1.04, 9.01, 9.02, 9.07, and 9.21, and pursuant to the Texas Administrative Code, Title 28, Section 9.1. The procedure of the hearing will be governed by the Rules of Practice and Procedure before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A) and the Administrative Procedure Act (Texas Government Code, Chapter 2001). Related Matters Pending Before the Department The rule, form, and rate matters will be impacted by two other related matters. First, the commissioner expects to issue a Request for Proposals for an expert study to be conducted on various methodologies for establishing the reasonableness of expenses considered in the title ratemaking process. This Request will be issued in the month of January 1997. It is anticipated that the results of the study will be available by May 1997. Although preliminary hearings and other proceedings on the rate case may go forward without the results of this study, it is expected that the parties will need to address the results of the study in their direct testimony in the rate case. Second, the commissioner expects to issue a notice of a separate proceeding to address rebating, discounts, and other title insurance business practices. Because those matters are the subject of pending petitions for rules (generally referred to as Proposed Procedural Rules P-41 and P-42) submitted by the Texas Land Title Association, they will be docketed separately. Initial publication of the proposed rules relating to rebating, discounting, and other title insurance business practices is expected to occur in January 1997. Additional scheduling items are addressed below under the headings "Motions for Admission as a Party" and "Pre-Hearing Conference". Matters to be Considered The commissioner will consider testimony presented and information filed by title insurers, title agents, the Office of Public Insurance Counsel and other interested parties relating to the following issues: Docket 2278 Form and Rulemaking Phase Item 96-4 - Submission by Barton R. Bentley and Roland Chamberlin, Jr. to amend Procedural Rule P-9.b (4) to designate the first two paragraphs as paragraphs (a) and (b) and to add paragraph (c). Proposed paragraph (c) would provide for an endorsement when the insured in a previously issued Mortgagee Title Policy is the successful bidder at a foreclosure sale. This proposal is the same as the final version of former Agenda Item 91-41. Item 96-5 - Submission by Barton R. Bentley and Roland Chamberlin, Jr. to adopt a new Procedural Rule P-9.b (11) authorizing a "down date" endorsement after the issuance of a Mortgagee Title Policy, which functions to update the effective date, except as to those loans secured by one-to-four family residential properties, to provide a way for lenders to obtain such updated coverage under varying circumstances, especially in connection with a pending sale of a loan or a foreclosure. This submission is the same as the final version of previously submitted Agenda Item 91-39. Item 96-6 - Submission by Barton R. Bentley and Roland Chamberlin, Jr. proposing a new endorsement form to authorize the issuance of a "down date" endorsement after the issuance of a Mortgagee Title Policy under varying circumstances, especially in connection with a pending sale of a loan or a foreclosure, utilizing the Endorsement Form T-3 with new endorsement instructions to be added as a new section IX. This endorsement instruction is the same as the final version of Agenda Item 91-40 and is to be used in connection with the proposed Procedural Rule P-9.b (11). Item 96-7 - Submission by Barton R. Bentley and Roland Chamberlin, Jr. proposing a new endorsement form to authorize the issuance of a "down date" endorsement after the issuance of a Mortgagee Title Policy, and after a foreclosure or conveyance discharging the lien insured by the Policy, utilizing the Endorsement Form T-3 with new endorsement instructions to be added as a new section X. This endorsement instruction is the same as the final version of Agenda Item 91-42 and is to be used in connection with the proposed Procedural Rule P-9.b (4). Item 96-8 - Submission by the Staff of the Texas Department of Insurance to amend the Minimum Escrow Accounting Procedures and Internal Controls, in Section V of the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas, to strengthen accounting controls over trust funds held by the industry. The proposed amendment eliminates a duplication of the requirement that trust funds received by escrow agents be deposited within three business days of receipt of the funds. This requirement is adequately addressed in Procedural Rule P-27. The proposed amendment refers to deposit tickets in lieu of deposit slips and requires a control ledger or record identifying all interest-bearing accounts. The proposed amendment requires an item description of any type of disbursement and a record of voided checks be entered on the disbursement sheet. The amendment also requires immediate notice to the parties of a transaction in the event earnest money checks are returned due to insufficient funds. Item 96-9 - Submission by the Staff of the Texas Department of Insurance to amend Procedural Rule P-27 to eliminate cashier's checks and teller's checks from the definition of "good funds", and to require funds be delivered for deposit to the financial institution in a more timely manner. Item 96-10 - Submission by the Staff of the Texas Department of Insurance to adopt a distinct form number designation for each previously promulgated form in the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas which does not have a form number assigned. It is proposed that the form numbers be included in all forms no later than 6 months from the date of adoption. Item 96-11 - Submission by the Staff of the Texas Department of Insurance to amend the terms "Title Examination" in Procedural Rule P-1.e; "Title Insurance Company" in Procedural Rule P-1.l; "The business of title insurance" in Procedural Rule P-1.q; "Insuring Around" in Procedural Rule P-11 and to amend Procedural Rule P-38 to provide for the issuance of a Residential Owner Policy of Title Insurance (Form T-1R) to a natural person prior to the construction of improvements, if the contemplated improvements meet the definition of residential property. These definitions are consistent with Senate Bill 1284 enacted by the 74th Texas Legislature, effective September 1, 1995, and amended Subsections (m), (c) and (b), Article 9.02, Insurance Code and Article 9.08, Insurance Code, and amended Subsection (b), Article 9.07A, Insurance Code. Item 96-12 - Submission by the Staff of the Texas Department of Insurance to withdraw all the Bulletins contained in Section VI of the presently promulgated Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas. Certain Bulletins should be retained in an appendix for reference purposes. Certain other Bulletins should be repealed and not maintained in the proposed appendix. Upon withdrawal of the Bulletins contained in Section VI of the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas, Section VII should be designated as Section VI and Section VIII should be designated as Section VII. Item 96-13 - Submission by the Staff of the Texas Department of Insurance proposing the amendment of Section V of the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas to withdraw the forms which are out of date. The forms proposed to be withdrawn refer to procedures no longer in effect or which have been greatly modified and deal with practices and procedures which have been changed by various actions of the State Board of Insurance and the Commissioner of Insurance over the years. This action is in effect a recodification of the forms in the Section V of the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas. Item 96-14 - Submission by the Staff of the Texas Department of Insurance to amend the Arbitration Provisions in Procedural Rule P-36, Form T-1, Owner Policy of Title Insurance, Form T-2, Mortgagee Policy of Title Insurance, and Commitment for Title Insurance form to provide for consistency in punctuation, spelling and grammar and correct typographical errors in previous amendments to the rule and forms, and to amend the Commitment for Title Insurance form to correct an omission of the words "is furnished" in Schedule B, Exceptions from Coverage, number 7, and to amend the forms for Mortgagee Title Policy on Interim Construction Loan and the Immediately Available Funds Procedure Agreement, and Rate Rules R-1 and R-8 to reflect the elimination of State Board of Insurance. Item 96-15 - As noted above, the Department has elected to proceed separately with submissions by the Texas Land Title Association to adopt new Procedural Rules P-41 and P-42. However, the impact of any new rules adopted in those proceedings should be considered and addressed by the parties to the Title Hearing as well. Complete copies of the agenda items, as amended, may be obtained from the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104. Docket 2279 Ratemaking Phase The parties shall consider and provide evidence on all relevant and necessary points, including but not limited to: 1. The impact of changing property values and sales prices from 1981 through 1995 on title premium revenues, independent of changes in title premium rates. 2. The impact of changing numbers of title insurance transactions from 1981 through 1995 on title premium revenues and expenses, independent of title premium rates, with reference to the separate experience of underwriters, affiliated agents, independent agents and direct agent operations and with reference to changes in different types of transactions (original, refinance, residential, commercial). 3. The annual growth in total title agent and title underwriter expenses from 1981 through 1995 generally and in comparison to: premium growth; relevant measures of inflation, such as the consumer price index or one or more of its sub-indices; or any other relevant measure. Reference the separate experience of underwriters, affiliated agents, independent agents and direct agent operations. See also Item Number 26. 4. Factors and forces causing title agent and title underwriter expenses to grow at annual rates greater than, equal to or less than relevant annual rates of inflation from 1981 through 1995, with reference to the separate experience of underwriters, affiliated agents, independent agents and direct agent operations. 5. The historical and projected future impact of increasing automation on title insurance premiums, expenses, losses and profitability, with reference to the separate experience of underwriters, affiliated agents, independent agents and direct agent operations. 6. The historical and projected future impact of title insurer and title agent mergers, acquisitions, failures and start-ups on title insurance premiums, expenses, losses and profitability. 7. The changes in number of market participants by type of market and type of participants (underwriters, affiliate agents, independent agents and direct agent operations), from 1981 through 1995 in aggregate and by county, including analysis of the causes and impacts for changes in the numbers over time. 8. The potential impact of the phenomenon known as reverse competition, generally described as competition which has the effect of raising rather than lowering prices to consumers because competitive efforts on the part of insurers and agents are directed towards the "producers" of business (realtors, real estate developers, lenders, attorneys, etc.) rather than the ultimate consumers of title insurance. Reference structural market incentives for increases in the number of market participants independent of changes in the value of services provided to consumers, excessive promotional and other acquisition expenses, and rebates. 9. The relevance, if any, of the 1986 report of the title insurance advisory group. 10. The degree to which expenses are fixed or variable in relation to premium volume with reference to type or size of entity (underwriters, affiliated agents, independent agents and direct agent operations) and the type of transaction (original, refinance, residential, commercial). 11. The strengths, weaknesses and appropriateness of past ratemaking methodologies which relied upon simple trending of expenses and losses. Simple trending, in this context, is understood to be a linear or exponential regression with time, expressed in years, as the independent variable, and expenses ratio or loss ratio as the dependent variable. 12. The strengths, weaknesses and appropriateness of past ratemaking methodologies which capped the amounts of certain expenses categories for the purpose of projecting future title insurance expense needs. See also Item Number 26. 13. The relevance, appropriateness and justification for any title insurance expense standard, including actual expenses incurred, for title insurance ratemaking. See also Item Number 26. 14. Alternative ratemaking methodologies which consider the impact of changes in property values, the number of transactions and any other relevant factors on premium, expenses, losses and profitability. For example, consider the projection of future expenses and premium separately with specific adjustments for expense inflation, number of transactions and change in property values. 15. The impact of changing interest rates, including known changes in interest rates through the most recent quarter prior to the hearing, on revenues, expenses, profitability, and premium volume. 16. Alternative projections of losses, including simple linear and exponential trends and models which incorporate additional independent variables. 7. Alternative title insurance profit models, including staff and Lipschutz models used in past hearings. 18. The fairness and feasibility of developing title rates by size of transaction, by type of transaction (original, refinance, etc.), by class of transaction, (residential, commercial). 19. Alternative methodologies for determining the appropriate split of title premium between title agents and underwriters. 20. The impact of the premium split, changed or not, on future title premiums, with reference to any variations in impact depending upon the ratemaking methodology employed. 21. The appropriateness of different agent/underwriter revenue split percentages with reference to the revenue and revenue requirements of large versus small volume title agents and of urban versus rural title agents. 22. The comparison of title insurance rates in Texas to title insurance rates in other states, with reference to any limitations in such comparisons. 23. The impact of recent tort reform legislation on title insurance premiums, expenses and losses. Reference the legislation's impact on non-title insurance costs incurred by title underwriters and agents and loss and loss adjustment expenses. 24. The impact which recurring excesses of tax certificate and recording fees collected over tax certificate and recording fees paid should have on the allocation of equity and/or expenses. 25. The impact which profits earned from performing escrow functions or handling tax certificates and recording fees should have in establishing profit margins for agents. 26. As noted above, the Department will order an interim study on various methodologies for establishing the reasonableness of expenses. Results of the study will be made available to all parties and should be considered and addressed in the direct testimony to be filed by the parties. The Department anticipates issuing a Request for Proposals in January 1997, with a report to be due in May 1997. In addition, the parties should consider and address the following items submitted as noted: 27. Item 96-1 - Submission by Texas Land Title Association to adopt a Schedule of Basic Premium Rates for Title Insurance for the calendar year 1996, and in so doing consider the expense and loss experience of the industry so as to establish a rate which is reasonable to the public and nonconfiscatory to title insurance companies and title insurance agents. 28. Item 96-2 - Submission by Texas Land Title Association to amend Procedural Rule P-23 and adopt a formula for division of premiums between title insurance agents and companies for the calendar year 1996. 29. Item 96-3 - Submission by Barton R. Bentley and Roland Chamberlin, Jr. to amend Rate Rule R-11.c to make a $50.00 charge for the issuance of each endorsement provided for in Procedural Rule P-9.b (4) (a) and (b); and adopt a new Rate Rule R-11.i to make a charge equal to two times the minimum basic premium rate for issuance of each endorsement provided for in Procedural Rule P- 9.b (11) issued on or after three (3) years after the original Date of Policy; and adopt a new Rate Rule R-11.j to make a charge equal to fifty percent (50%) of the current basic rate for the successful foreclosure bid price (or unpaid balance if there is a conveyance in discharge of the lien of the insured mortgage) for issuance of each endorsement provided for in Procedural Rule P-9.b (4) (c). This proposal is the same as the final version of former Agenda Item 91-43. Motions for Admission as a Party Anyone who wishes to participate as a party in the hearing on either Docket Number 2278 or 2279 must file a motion for admission as a party, indicating the docket to which it wishes to be admitted, by 5:00 p.m. on January 24, 1997. Pre- Hearing Conference An initial pre-hearing conference will be held before the General Counsel of the Department at 9:00 a.m. on February 13, 1997, in room 100 of the first floor of the Texas Department of Insurance Building, 333 Guadalupe St., Austin, Texas 78701. The pre-hearing conference will be held for the following purposes: (1) ruling on the motions for admission of parties; and, (2) such other matters as may aid in the simplification of the proceedings. Subsequent pre-hearing conferences will be scheduled as necessary to rule on other matters as may aid in the simplification of the proceedings. Conduct of the Hearing Each page of any exhibit offered in evidence at a hearing before the Commissioner of Insurance, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8½" by 11" paper, and must be three- hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner of Insurance and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example: Public Hearing before the Department of Insurance Subject of Hearing: Docket No.:__________ Date: __________ Party: _______________________ Exhibit # ______ Description of Exhibit __________________ All deadlines in this notice are subject to change at the Commissioner's discretion to the extent permitted by statute and rule. Issued in Austin, Texas, on December 31, 1996. TRD-9618779 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Filed: December 31, 1996 Texas Natural Resource Conservation Commission Correction of Errors The Texas Natural Resource Conservation Commission adopted new 30 TAC sec.sec.213.1-213.4. The rules appeared in the December 17, 1996, issue of the Texas Register (21 TexReg 12125). On page 12164, sec.213.3, Definitions. The definitions of Edwards Aquifer and Edwards Aquifer protection plan need to be separated to show that there are two different definitions. On page 12166, sec.213.3, Static hydrocarbon, the degree symbol has been replaced with the letter o. The definition should read "...20 degrees centigrade." On page 12166, sec.213.4. Application Processing and Approval. In subsection (a) next to the last sentence reads "...is distributed to affected incorporated cities and groundwater conservation districts to be...", but should say "is distributed to affected incorporated cities, groundwater conservation districts" and counties to be...." On page 12172, sec.213.5. Required Edwards Aquifer Protection Plans, Notification, and Exemptions. In sec.213.5(d)(1)(B) the sentence reads "...150 feet from any domestic, industrial, or irrigation well...." but should say "...150 feet from any domestic, industrial, or irrigation well..." On page 12172, sec.213.5(e)(1) the last sentence reads "...for disposal within hours of the spill." but should say "...for disposal within 24 hours of the spill." The Texas Natural Resource Conservation Commission proposed new 30 TAC sec.sec.106.221-106.229. The rules appeared in the December 17, 1996, issue of the Texas Register (21 TexReg 12063). On page 12064, sec.106.224(8)(B), the reference to subparagraph (D) in the first paragraph was indented, such that the reference appeared to be subparagraph (D). Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Health and Safety Code, the Texas Clean Air Act (the Act), Chapter 382, sec.382.096. The Act, sec.382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 8, 1997. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 8, 1997. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-1893. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: Craig Baker Marble Co., Inc.; DOCKET NUMBER: 96-1450-AIR-E; ACCOUNT NUMBER: HG-3504-I; LOCATION: Barker, Harris County, Texas; TYPE OF FACILITY: cultured marble manufacturing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by operating a cultured marble manufacturing plant without first obtaining a permit or satisfying the conditions of a standard exemption; PENALTY: $0; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (2) COMPANY: Duplan Paint and Body; DOCKET NUMBER: 96-1261-AIR-E; ACCOUNT NUMBER: GB-0531-G; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: auto paint and body shop; RULE VIOLATED: 30 TAC sec.115.422(1)(A) and the Act, sec.382.085(b), by failing to install and operate a system which totally encloses spray guns, cups, nozzles, bowls, and other parts during washing, rinsing, and draining procedures; 30 TAC sec.115.422(2) and the Act, sec.382.085(b), by failing to install and operate paint guns with at least 65% transfer efficiency; 30 TAC sec.115.426(a)(1)(A) and the Act, sec.382.085(b), by failing to maintain Material Safety Data Sheets that document the Volatile Organic Compound content, composition, solid content, and other relevant information regarding each coating and solvent used in the shop sufficient to document continuous compliance with applicable emission limits; 30 TAC sec.115.426(a)(1)(B) and the Act, sec.382.085(b), by failing to maintain records of the quantity and type of each coating and solvent consumed during the specified averaging period inspection; and 30 TAC sec.116.110 and the Act, sec.382.0518(a) and sec.382.085(b), by constructing an auto paint and body shop without obtaining a permit or qualifying for a standard exemption; PENALTY: $350; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (3) COMPANY: FP&M Services, Inc.; DOCKET NUMBER: 96-1467-AIR-E; ACCOUNT NUMBER: HX-0806-R; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: sandblasting and surface coating operations plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by conducting surface coating and sandblasting operations without obtaining a permit or complying with applicable standard exemptions; PENALTY: $0; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (4) COMPANY: Nooney's Auto Sales; DOCKET NUMBER: 96-1387-AIR-E; ACCOUNT NUMBER: HG-9956-T; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: used car dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b), by offering for sale a vehicle with missing and inoperable emission control systems or devices; PENALTY: $350; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (5) COMPANY: Rick Austin Automotive; DOCKET NUMBER: 96-1477-AIR-E; ACCOUNT NUMBER: HG-9813-T; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: used automobile dealership; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and (2) and the Act, sec.382.085(b), by offering for sale two vehicles with missing and inoperable emission control systems or devices; PENALTY: $350; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. Issued in Austin, Texas, on January 3, 1997. TRD-9700062 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: January 3, 1997 Public Input Concerning National Ambient Air Quality Standards DATE OF MEETING: Monday, January 13, 1997 at 2:00 p.m. STREET LOCATION: Texas A&M University -Corpus Christi Natural Resource Center Room 1003 6300 Ocean Drive CITY LOCATION: Corpus Christi, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30 p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. DATE OF MEETING: Tuesday, January 14, 1997 at 2:00 p.m. STREET LOCATION: John Gray Institute Auditorium 855 Florida Avenue CITY LOCATION: Beaumont, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30 p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. DATE OF MEETING: Wednesday, January 15, 1997 at 9:30 a.m. STREET LOCATION: Auditorium 7411 Park Place Boulevard CITY LOCATION: Houston, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 9:30-10:00 a.m. and public input will be received from 10:00-11:30 a.m. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. DATE OF MEETING: Wednesday, January 15, 1997 at 1:00 p.m. STREET LOCATION: South Plains Association of Governments Board Room 1323 58th Street CITY LOCATION: Lubbock, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 1:00-1:30 p.m. and public input will be received from 1:30-3:00 p.m.. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. DATE OF MEETING: Wednesday, January 15,1997 at 3:00 p.m. STREET LOCATION: City Hall Council Chambers 300 West Cotton Street CITY LOCATION: Longview, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 3:00-3:30 p.m. and public input will be received from 3:30-5:00 p.m. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. DATE OF MEETING: Thursday, January 16, 1997 at 2:00 p.m. STREET LOCATION: Tenth Floor Conference Room Number 2 Civic Center Plaza City Hall CITY LOCATION: El Paso, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30 p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. DATE OF MEETING: Thursday, January 16, 1997 at 2:00 p.m. STREET LOCATION: Farmers Branch City Council Chambers 13000 William Dodson Parkway CITY LOCATION: Farmers Branch, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30 p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. DATE OF MEETING: Friday, January 17, 1997 at 2:00 p.m. STREET LOCATION: Alamo Area Council of Governments 118 Broadway Avenue Suite 400 CITY LOCATION: San Antonio, Texas The Texas Natural Resource Conservation Commission will consider public comment regarding proposed revisions recently published by the United States Environmental Protection Agency concerning the National Ambient Air Quality Standards for Ozone and Particulate Matter, Interim Implementation Policy, and Designation of Reference and Equivalent Methods for Ambient Air Quality Surveillance. An overview of EPA's proposal will be provided from 2:00-2:30 p.m. and public input will be received from 2:30-4:00 p.m.. Due to the limited amount of time the number of speakers and maximum time allotted to speakers may be limited. Issued in Austin, Texas, on January 3, 1997. TRD-9700083 Douglas Kitts Agenda Coordinator Texas Natural Resource Conservation Commission Filed: January 3, 1997 Public Utility Commission of Texas Notice of Application for Approval of Special Amortization Rates Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 23, 1996, for approval of special amortization rates pursuant to the Public Utility Regulatory Act (PURA), Texas Civil Statutes, Article 1446c-0, sec.3.051(b), and sec.3.151(a) (Vernon Supplement 1996). The following is a summary of the application. Docket Title and Number. Application of West Plains Telecommunications, Inc. for Approval of Special Amortization for Step-by-Step Switching Equipment, and Associated Crossbar, Radio and Circuit Equipment. Docket Number 16828. The Application. In Docket Number 16828, West Plains Telecommunications, Inc. requests approval of special amortization rates for the retirement of electro- mechanical (step-by-step) switching equipment, and associated crossbar, radio, and circuit equipment in its five exchanges. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Consumer Affairs at (512)936-7120. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the Commission at (512) 936-7136 on or before February 3, 1997. Issued in Austin, Texas, on January 3, 1997. TRD-9700071 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 3, 1997 Public Notice of Interconnection Agreement On December 30, 1996, MCI Telecommunications Corporation and MCI Metro Access Transmission Services, Incorporated (MCI) filed a proposed interconnection agreement with Southwestern Bell Telephone Company (SWB), seeking commission approval of the interconnection agreement under the Federal Telecommunications Act of 1996 (FTA96) (Public law Number 104-104, 110 Statute 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 Statute Annotated, Article 1446c-0 Vernon Supplement 1996). The interconnection agreement was filed in compliance with the Arbitration Award issued by the commission's FTA96 sec.252 Arbitration Panel in Docket Number 16285. The filed interconnection agreement is available for public inspection at the commission's offices in Austin, Texas. FTA96 authorizes the commission to review and approve any interconnection agreement adopted pursuant to arbitration. Pursuant to FTA96 sec.252(e)(2) the commission may reject any agreement only in the particular circumstances set forth in the statute. Under FTA96 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 30 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 interconnection agreement by filing 18 copies of the comments with the commission's filing clerk. A copy of the comments should be served on MCI and SWB. The comments should specifically refer to Docket Number 16285. The comments shall be filed no later than January 15, 1997, and shall include: (1) a detailed statement of the person's interest 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) does not meet the requirements of FTA96 sec.251, including any applicable FCC regulations implementing sec.251; or (B) is not consistent with the standards established in FTA96 sec.252(d); 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, the commission will determine whether to conduct further proceedings concerning the filed agreement. Persons with questions about this docket or who wish to comment on the proposed interconnection agreement 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 16285. Issued in Austin, Texas, on January 3, 1997. TRD-9700072 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: January 3, 1997 Texas Workforce Commission Notice of Intent to Review Catalogue The Texas Workforce Commission (TWC) intends to review catalogue offerings for outsourcing the standard PC hardware and software acquisition process, along with Help Desk and maintenance support for desktop computing resources. This will be accomplished through submitting a Request for Offers (RFO) to vendors who provide written intent to respond. Items which TWC intends to acquire from this catalogue solicitation include all of the following: A lease which provides TWC with a "license to use" the required hardware and software for a period of three years, with the ability to upgrade any portion of the hardware annually and any portion of the software twice per year, All required financing, Up to 4,934 Compaq Deskpro Pentiums to replace CRTs and obsolete PCs statewide, A software suite for each PC to include Windows 95, Microsoft Office 97, Microsoft Plus, DOS Lan Services for Windows 95, Eudora Pro, and Attachmate Extra Personal client, Trade-in and removal of obsolete equipment statewide, Delivery and installation of all hardware and software statewide, Help desk support for not only the hardware and software provided by the Awarded Vendor in response to this solicitation, but also for all other PCs and installed software currently owned by the agency, and Full on-site maintenance support for all agency desktop hardware and software statewide. In order to be considered for this procurement, a vendor must be a Qualified Information Systems Vendor (QISV) approved by the Texas General Services Commission (GSC), at (512) 463-3035. Interested vendors are responsible for ensuring that they meet GSC criteria as a QISV and offer goods and services such as those requested on their state catalogue. TWC intends to make only one award. It is the responsibility of the QISVs to establish any partnerships which may be necessary to meet the requirements in full. TWC will issue an RFO to QISVs who have expressed in writing to the TWC contact listed below an intent to respond to the RFO. Fax responses are acceptable. The RFO will be issued one week following publication of this notice. The agency may cancel the procurement if it is deemed to be in the best interest of the State of Texas to do so. Vendors capable of meeting the requirements who intend to respond to the RFO must contact: Jane B. Haney Texas Workforce Commission IRP&P 101 East 15th Street, Room 153 Austin, Texas 78778-0001 Fax (512) 463-2442 Issued in Austin, Texas, on January 2, 1997. TRD-9700055 Esther Hajdar Director of Legal Services Texas Workforce Commission Filed: January 2, 1997