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. Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following project(s) during the period of May 9, 1997, through May 13, 1997: FEDERAL AGENCY ACTIONS: Applicant: Vintage Petroleum, Inc.; Location: North, 35 degrees east, approximately 9.3 miles to Anahuac, State Tracts in Trinity and Galveston Bays, Chambers County, Texas; Project Number: 97-0127-F1; Description of Proposed Action: The applicant requests an amendment and extension of time to add the following state tracts to the permit for mineral development; 13C, 13D, 16C, 17C, 20B, 20C, 21B, 21C, SE/2, 24B, 1-4D, 1-4E, 2-3B, 2-3C, 2-3D, 5-8D, 5-8E, 6- 7B, 6-7C, 6-7D, 9-12C, 9-12D, 10-11A, 10-11B, 10-11C, 10-11D, 14-15A, 14-15C, 14-15D, 41, 42, 43, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 67, 68, 69, 70, 71, 72, 73, 74, 80, 81, 82, 83, 84, 85, 86, 87, 88, 90 and 91; Type of Application: U.S.C.O.E. permit application Number 09161(12) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Johnny's Oysters and Shrimp, Inc.; Location: 103 Avenue C, in San Leon, Galveston County, Texas; Project Number: 97-0129-F1; Description of Proposed Action: The applicant proposes to extend the length of a proposed pier to 150 feet. The pier was previously authorized to be 50 feet long and 10 feet wide with a 200-foot by 10-foot T-head. The applicant is requesting to extend this pier to 150 feet long by 10 feet wide with the 200-foot by 10-foot T-head. This project is proposed to allow access to water deep enough for fishing; Type of Application: U.S.C.O.E. permit application Number 12634(04) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Texas Meridian Resources Exploration, Inc.; Location: Well No. 1, State Tract 179A, East Galveston Bay, Galveston County, Texas; Project Number: 97-0130-F1; Description of Proposed Action: The applicant proposes to move the location of the well approximately 1,000 feet from the old location; Type of Application: U.S.C.O.E. permit application Number 20104(02) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). FEDERAL AGENCY ACTIVITIES: Applicant: U.S. Army Corps of Engineers; Project Number: 97-0128-F2; Description of Proposed Activity: Pursuant to 31 TAC sec.506.28(c) the applicant proposes consistency determination for ongoing coastal maintenance dredging activities associated with the Houston- Galveston Navigation Channel Project. Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. Issued in Austin, Texas, on May 14, 1997. TRD-9706337 Garry Mauro Chairman Coastal Coordination Council Filed: May 14, 1997 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 May 13, 1997. TRD-9706330 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissoner Filed: May 14, 1997 Employees Retirement System of Texas ERS Contract Award In accordance with Sections 4 and 17 of Article 3.50-2, Texas Insurance Code, Employees Retirement System of Texas (ERS), published an Invitation for Bids in the February 21, 1997, issue of the Texas Register, (21 TexReg 1917), to enter into a contract to conduct an audit of health maintenance organizations participating in the Texas Employees Uniform Group Insurance Program for the period September 1, 1995 - August 31, 1996. The audit will include, but not be limited to, complaints, referrals, membership processing, and other customer service activities. The bid selected was that of Wolcott & Associates, Inc., 7800 West 110th Street, Suite 100, Overland Park, Kansas 66210. The effective date of the contract is May 5, 1997; and the required services will be completed within 90 days of the effective date of the contract. The total cost of the project will not exceed $12,000.00 Issued in Austin, Texas, on May 12, 1997. TRD-9706271 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: May 12, 1997 Request for Offer (RFO) for Independent Audit Services Notice of Invitation for Responses to Request for Offer The Employees Retirement System of Texas (the System) is requesting an offer from independent certified public accountants (the Auditor) to perform a financial audit of the System for the fiscal year ended August 31, 1997. The selected Auditor will be awarded a contract of one year. Contact Person Please refer any requests for information about this RFO to DARRELL J. LESLIE, Director of Accounting, P.O. Box 13207, Austin, Texas 78711-3207, TEL. 512-867- 3224, FAX 512-867-3491. The System will not be responsible for expenses incurred in preparing and submitting the responses to the RFO. Such costs will not be included in the response to the RFO. Closing Date The Auditor will submit seven copies of the completed response to the RFO by 3:00 p.m. CDT on June 5, 1997, to the Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, to the attention of Darrell J. Leslie, Director of Accounting, or delivered to ERS Building, Room 400, 18th & Brazos, Austin, Texas. If the response to the RFO will be submitted by mail, it must be received by the System no later than the date and time set out above. Hand carried responses to the RFO may be delivered between 8:00 a.m. and 3:00 p.m. CDT through the date set out above. All responses to the RFO will be in a sealed envelope with the respondent's name, address and RFO subject shown on the outside. Procedure by Which the System Will Award the Contract Selection Process Responses to the RFO will be reviewed by the System staff. Based on this review, interviews may be scheduled with the Auditors considered to be the best qualified. Evaluation Criteria Responses to the RFO will be evaluated using three sets of criteria. The Auditors meeting the mandatory criteria will have their responses to the RFO evaluated and scored for both technical qualifications and fees. The following represent the selection criteria which will be considered during the evaluation process. 1. Mandatory Elements a. Independent of the System. b. The firm has no conflict of interest with regard to any other work performed by the Auditor for the System. c. Licensed to practice in Texas. d. The Auditor submits a copy of its most recent external quality control review report. e. The Auditor has a record of quality audit work. f. EEO compliance. g. Child Support compliance. h. The Auditor adheres to the instructions in this RFO on preparing and submitting the response. 2. Technical Qualifications (Maximum Points -- 85 ) a. Expertise and Experience i. Similar Engagements (Maximum Points -- 35) Extent, diversification, and quality of retirement system auditing experience, based on information provided by the Auditor as well as references of former and present clients; ii. Ability to Perform (Maximum Points -- 20) The Auditor's ability and willingness to meet the requirements and needs of the System with respect to the audit as outlined in this RFO and as demonstrated in the response Firm's Qualifications and Experience Broad experience of the firm If joint venture or consortium, the qualifications of the principal Auditor Percentage of Professional Billings Adequacy of CPE iii. Personnel Quality (Maximum Points - 10) The quality of the Auditor's professional personnel to be assigned to the engagement and the quality of the Auditor's management support personnel to be available for technical consultation. Auditor Staff Qualifications and Experience Principal supervisory and management staff and other specialists assigned to the engagement Capability to audit computerized systems Commitment to governments Public Employees Retirement System auditing experience b. Audit Approach (Maximum Points -- 20) i. Adequacy of proposed audit approach and staffing plan or various segments of the engagement. Interim Work o Engagement Letter o Fieldwork - Audit of financial records: -- System's budget -- Organizational charts, manuals and programs -- Financial information systems -- Other management information systems o Management Letter o Conferences o Other segments the Auditor considers essential 3. Professional Fees (Maximum Points -- 15) a. Total all-inclusive maximum price b. Rates by partner, specialist, supervisory and staff level and hours anticipated for each c. Rates for additional professional services The award of any contract will be made on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price which must be consistent with and not higher than the recommended practices and fees published by the applicable professional association. Oral Presentations At the discretion of the System, the Auditors submitting responses may be requested to make oral presentations as part of the evaluation process. In all interviews held with the Auditor, the proposed audit partner and manager for the System's engagement and the individual who will have on-site responsibility for the audit (if a person other than the partner or manager) must be present. Final Selection Final selection of the Auditor will be made by the System Board of Trustees. 1. Contractual Agreement The contract to be awarded by the System for audit services, as identified in this RFO, will be for a period of one year. The Respondent will include certification that the person signing the response for RFO is entitled to represent the firm, empowered to submit the bid and authorized to sign a contract with the System by including the following wording: "I hereby certify that I have read all items of this RFO and fully understand the requirements listed herein. I further certify that I am an authorized agent of the Respondent empowered to submit the response to the RFO, and authorized to sign a contract with the System." A copy of this RFO as well as the successful response to the RFO will be attached to the contract. 2. Right to Reject Submission of a response to the RFO indicates acceptance by the Respondent of the conditions contained in this RFO unless clearly and specifically noted in the response submitted and confirmed in the contract between the System and the Respondent selected. The System reserves the right to reject any and all responses to the RFO submitted without any obligation or payment for costs incurred by proposing Respondents. The System reserves the right, where it may serve the System's best interest, to request additional information or clarification from any respondent, to allow corrections of errors or omissions, or to discuss points in the response to the RFO before and after submission, all of which may be used in forming a recommendation. The System reserves the right to waive any and all formalities contained within this RFO except for the deadline for filing. Responses to the RFO received late will not be considered. The System reserves the right to retain each response submitted and to use any aspect of the response to the RFO regardless of whether that respondent is selected. 3. Open Records Copyrighted proposals are unacceptable and will be disqualified as non- responsive. Following the award of a contract, responses to this RFO are subject to release as public information unless the response or specific parts of the response can be clearly shown to be exempt from the Texas Open Records Act. Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard proprietary information. The System assumes no obligation or responsibility for asserting legal arguments on behalf of any Respondent to this RFO. If a Respondent believes that a proposal or parts thereof are confidential, then the Respondent must so specify. The respondent must stamp in bold red letters the term "CONFIDENTIAL" on that part of the proposal which the Respondent considers confidential. The Respondent must submit in writing specific detailed reasons, including relevant legal authority, stating why the Respondent believes material to be confidential. Vague and general claims will not be accepted. The Attorney General of Texas will be the sole judge as to whether a claim is general and/or vague in nature. All proposals and parts of proposals which are not marked confidential will be automatically considered public information after the contract is awarded. Any proposal may be considered public information by the Attorney General of Texas even though parts are marked confidential. Issued in Austin, Texas, on May 12, 1997. TRD-9706270 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: May 12, 1997 Texas Ethics Commission List of Late Filers Listed are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Kristin Newkirk at (512) 463-5800 or (800) 325-8506. Deadline: General Purpose PAC Semi-Annual Campaign Finance Report due January 15, 1997 Mariner Health Group, Jeff Kinnell, 125 Eugene O'Neill Dr., New London, CT 06320 Deadline: Monthly Filing PAC Campaign Finance Report due February 5, 1997 David N. Calvillo, South Texans Physicians PAC, 1111 West Nolana, McAllen, TX 78504 Deadline: Annual Lobby Activities Report due January 10, 1997 Blanton Moore, BOMC #850, 401 West 15th Street, Austin, TX 78701-1665 Jesse D. Oliver, 900 Jackson St. #600, Dallas, TX 75202 Deadline: Monthly Lobby Activities Report due February 10, 1997 Rell Rice, 816 Congress Avenue, #1100, Austin, TX 78701 Issued in Austin, Texas, on May 13, 1997. TRD-9706296 Tom Harrison Executive Director Texas Ethics Commission Filed: May 13, 1997 Fire Fighters' Pension Commission Computer Consulting Services Contract Award In accordance with the provisions for Computer Consulting Services for the Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3, Section 21, and Texas Government Code 2254.024). The Fire Fighters Pension Commission hereby publishes this notice of Computer Consulting Services Contract award. The Board of Trustees awarded the contract on May 2, 1997 to provide special studies, programming and application design and development, systems analysis and design, conversion and implementation planning, education and documentation, and installation evaluation for the Statewide Volunteer Fund. The contractor selected to perform this service is the Sterling Information Group, Inc., 1717 West 6th Street, Suite 340, Austin, Texas 78703. The total value of the contract is $177,300.00. The contract was executed on May 2, 1997 and work began on May 5, 1997. The contract will terminate April 30, 1998. Issued in Austin, Texas, on May 13, 1997. TRD-9706282 Helen L. Campbell Commissioner Fire Fighters' Pension Commission Filed: May 13, 1997 Texas Department of Health Designation of Sites Serving Medically Underserved Populations-The Federal Bureau of Prisons- FCI- Beaumont (Jefferson County), Texas Request for Proposal for Massage Therapy Written and Practical Examination Administration The Texas Department of Health (department) invites proposals in response to the Request for Proposal entitled "Massage Therapy Written and Practical Examination Administration" from entities experienced in examination administration to schedule and provide a written and practical examination for use as a requirement for registry. The written examination developed by the department and administered by the contractor consists of 150 multiple-choice questions to be answered on electronic scannable answer sheets provided by the department. The practical examination consists of videotaping a demonstration of a six minute massage routine for each of the examinees scheduled to take the examination, with scores recorded on electronic scannable answer sheets provided by the contractor and pre-slugged with candidate identification. Approximately 3000 candidates are expected to take the examinations annually. Exams will be offered three times a year, each scheduled for two consecutive days in Austin, Texas. The contractor will be administering examinations beginning in September 1997 with the option of being considered for administering examinations each calendar year thereafter. Selection of the contractor will be based on the applicant's demonstration of technical competence in examination administration hardware, materials, and supplies; and indication of sufficient resources to complete the examination administration in a cost-effective manner. Proposals shall indicate total examination costs as well as a breakdown to reflect actual costs per examinee. Entities interested in submitting a proposal shall contact Dr. James J. Zukowski, Director, Professional Licensure and Certification Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3183, Telephone (512) 834-6628, or Fax (512) 834-6677 for information regarding the full proposal. Proposals will not be considered from bidders failing to obtain this information. Proposals may be delivered by mail to 1100 West 49th Street, Austin, Texas 78756-3183 or in person to 8407 Wall Street, Suite S-420, Austin, Texas 78754. Proposals are due in this office no later than 5:00 p.m. on Friday, June 13, 1997. Issued in Austin, Texas, on May 12, 1997. TRD-9706311 Susan K. Steeg General Counsel Texas Department of Health Filed: May 12, 1997 Licensing Action for Radioactive Materials The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state. [graphic] [graphic] [graphic] In issueing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with Texas Regulations for Control of Radiation in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in the Texas Regulations for Control of Radiation. This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Issued in Austin, Texas, on May 12, 1997. TRD-9706250 Susan K. Steeg General Counsel Texas Department of Health Filed: May 12, 1997 Notice of Public Hearing A public hearing will be held to receive public comments on the proposed amendment for 25 TAC, sec.29.606, concerning rules for reimbursement methodology for inpatient hospital services, at 9:00 a.m., May 22, 1997, at the Texas Department of Health, Stratum Building D, Room 404, 11044 Research Boulevard, Austin, Texas. Comments regarding this proposal may be submitted to Brenda Salisbury, Program Specialist II, Health Care Financing, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3168, Telephone (512) 338-6521. Issued in Austin, Texas, on May 13, 1997. TRD-9706320 Susan K. Steeg General Counsel Texas Department of Health Filed: May 13, 1997 Request for Information to Provide Abstinence Education for Communities Purpose: On August 22, 1996, President Clinton signed into law welfare reform legislation (P.L. 104-193). The intent of the legislation was to reduce the welfare rolls, in part, by reducing pregnancies of unmarried teens. Provisions in the legislation to combat teen pregnancy included state flexibility in limiting cash assistance to unmarried teens, requiring teens to live at home or under adult supervision, and goals to reduce teen pregnancy rates. As part of this legislation, $50 million per year beginning October 1, 1997, was appropriated to conduct abstinence education. The legislation states that the purpose of the allotment is to "enable the State to provide abstinence education, and at the option of the State, where appropriate, mentoring, counseling, and adult supervision to promote abstinence from sexual activity with a focus on those groups which are most likely to bear children out-of- wedlock." Background: P.L. 104-193 added the abstinence education initiative as a new formula grant program (Sec. 510) to Title V of the Social Security Act (the Maternal and Child Health Block Grant). The Department of Health and Human Services, Maternal and Child Health Bureau (MCHB) has issued draft block grant application guidance for the abstinence program. Applications from state health departments are due July 15, 1997, for funds commencing October 1, 1997. Texas is eligible to receive up to $4,922,091 in federal funds contingent on Texas providing a match of $3,691,568. The non-federal match must be used solely for abstinence education activities and may be state general revenue dollars, local dollars or in-kind support. In-kind contributions represent the value of noncash contributions provided by the grantee. They may be in the form of volunteer services, charges for real property and nonexpendable personal property, and the value of goods and services directly benefiting the program. The required match is at a rate of three dollars for every four dollars in federal abstinence funds received. At this time, no state general revenue funds have been appropriated; therefore all matching funds must be from local communities. Program Components: The term "abstinence education" means an educational or motivation program which: (1) has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity; (2) teaches abstinence from sexual activity outside marriage as the expected standard for all school age children; (3) teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems; (4) teaches that a mutually faithful monogamous relationship in context of marriage is the expected standard of human sexual activity; (5) teaches that sexual activity outside of the context of marriage is likely to have harmful psychological and physical effects; (6) teaches that bearing children out-of-wedlock is likely to have harmful consequences for the child, the child's parents, and society; (7) teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and (8) teaches the importance of attaining self-sufficiency before engaging in sexual activity. Funds may also be used for "mentoring, counseling, and adult supervision to promote abstinence from sexual activity, with a focus on those groups which are most likely to bear children out-of-wedlock." The Texas Department of Health is interested in receiving public comment to develop its abstinence education application to MCHB. The Texas Department of Health plans to release a Request for Proposals (RFP) mid-summer in order to provide funds for abstinence education to communities through grants. The RFP will be made available to any organization (including civic and religious) or individual requesting materials. Additionally, the RFP will be sent to independent school districts, hospitals, medical schools, local health districts, and community action agencies. The availability of funds will be announced through the Texas Register and published in major newspapers. All programs and individuals responding to this Request for Information will automatically be sent an RFP application at that time. The Texas Department of Health will be available to provide assistance in the development of proposals. Part A requests comments related to general grant activities, goals and outcomes: (1) If Texas sets priorities, which of the federal components (definition above) are the most important? (2) Should the State sponsor a state- wide educational campaign? (3) Should the State sponsor a state-wide conference addressing abstinence education? (4) Should the State create an abstinence education advisory committee? What types of individuals or groups should comprise this committee? (5) Should the program be targeted to any specific age groups, income levels, or geographic areas? If yes, please specify. (6) The grant application requires that at a minimum, the state reports the number of clients, by age and racial/ethnic characteristics, receiving abstinence education. What other outcomes should be measured to determine program success? (7) How should the needs of children with special health care needs be addressed? and (8) What are the priority needs for abstinence education in Texas? Part B. Would you be interested in developing a program? If so, are local matching resources, including dollars and in-kind resources, available? Part C requests general information about existing abstinence education programs. (1) Basic Program Information: (a) Program name, organization address, contact person; (b) Name of the sponsoring agency(ies); (c) List community partners; (d) Geographic area served by program; (e) Describe the target audience; (f) How are the needs of special populations (e.g., persons with physical or mental disabilities, immigrants) met? (g) Is this program abstinence-based, abstinence only, or a combination? (h) Describe goals, objectives, and outcomes; (I) Approximately how many clients are served annually? (j) What is the approximate cost of this program? and (2) Are you interested in expanding this program to other communities or audiences? If so, are local funds available to meet the required match? Part D. The abstinence legislation also allows funding of "mentoring, counseling, and adult supervision programs to promote abstinence." Do you operate or know of programs that focus on these activities? Please describe these programs; (1) Basic Program Information: (a) Program name, organization address, contact person; (b) Name of the sponsoring agency(ies); (c) List community partners; (d) Geographic area served by program; (e) Describe the target audience; (f) How are the needs of special populations (e.g., persons with physical or mental disabilities, immigrants) met? (g) Is this program abstinence-based, abstinence only, or a combination? (h) Describe goals, objectives, and outcomes; (i) Approximately how many clients are served annually? (j) What is the approximate cost of this program? and (2) Are you interested in expanding this program to other communities or audiences? If so, are local funds available to meet the required match? Commenters are also invited to recommend programs from other states and to offer suggestions for program implementation. Any other information relevant to the implementation of abstinence education is Texas is welcomed. Any information or program descriptions received may be shared with other interested parties and in the grant application. Comments should be mailed to Texas Department of Health, Bureau of Clinical and Nutrition Services, Attn: Jacquelyn D. McDonald, 1100 W. 49th Street, Austin, Texas 78756-3199; and E-mail address abstinence@htbbs.tdh.state.tx.us. All comments received by June 7, 1997, will be considered in the development of the grant application. Comments received after that time will be utilized in ongoing program planning. Issued in Austin, Texas, on May 12, 1997. TRD-9706251 Susan K. Steeg General Counsel Texas Department of Health Filed: May 12, 1997 Request for Proposal for Massage Therapy Written and Practical Examination Administration The Texas Department of Health (department) invites proposals in response to the Request for Proposal entitled "Massage Therapy Written and Practical Examination Administration" from entities experienced in examination administration to schedule and provide a written and practical examination for use as a requirement for registry. The written examination developed by the department and administered by the contractor consists of 150 multiple-choice questions to be answered on electronic scannable answer sheets provided by the department. The practical examination consists of videotaping a demonstration of a six minute massage routine for each of the examinees scheduled to take the examination, with scores recorded on electronic scannable answer sheets provided by the contractor and pre-slugged with candidate identification. Approximately 3000 candidates are expected to take the examinations annually. Exams will be offered three times a year, each scheduled for two consecutive days in Austin, Texas. The contractor will be administering examinations beginning in September 1997 with the option of being considered for administering examinations each calendar year thereafter. Selection of the contractor will be based on the applicant's demonstration of technical competence in examination administration hardware, materials, and supplies; and indication of sufficient resources to complete the examination administration in a cost-effective manner. Proposals shall indicate total examination costs as well as a breakdown to reflect actual costs per examinee. Entities interested in submitting a proposal shall contact Dr. James J. Zukowski, Director, Professional Licensure and Certification Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3183, Telephone (512) 834-6628, or Fax (512) 834-6677 for information regarding the full proposal. Proposals will not be considered from bidders failing to obtain this information. Proposals may be delivered by mail to 1100 West 49th Street, Austin, Texas 78756-3183 or in person to 8407 Wall Street, Suite S-420, Austin, Texas 78754. Proposals are due in this office no later than 5:00 p.m. on Friday, June 13, 1997. Issued in Austin, Texas, on May 13, 1997. TRD-9706312 Susan K. Steeg General Counsel Texas Department of Health Filed: May 13, 1997 Texas Department of Human Services Correction of Errors The Texas Department of Human Services proposed an amendment to 40 TAC sec.19.2500. The rule appeared in the May 9, 1997, issue of the Texas Register, (22 TexReg 4055). On page 4055, the fourth paragraph of the preamble should include the complete phone number as follows: "Questions about the content of this proposal may be directed to Maxcine Tomlinson at (512) 438-3169 in DHS's Long Term Care Policy Section. On page 4056, sec.19.2500(a)(32) should be all in bold face print to indicate new material: "(32) Terminal illness-As defined for hospice purposes in 42 Code of Federal Regulations sec.418.3 in the definition of terminally ill. On page 4057, sec.19.2500(b)(2)(D)(i)-(iv) should be formatted as follows: "(ii) have not had any interruption in continuous nursing facility residence other than for acute care hospitalization; and" "(iii) have not had any change in their mental condition [; and]. For residents who transfer from one nursing facility to another, the transferring nursing facility is responsible for ensuring copies of the most recent PASARR assessment accompany the transferring resident." Texas Department of Insurance 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 carrier to be a risk-assuming carrier 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 carrier has applied to be a risk-assuming carrier: Standard Security Life Insurance Company of New York The application is 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 this application to be a risk-assuming carrier, 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 application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier. Issued in Austin, Texas, on May 13, 1997. TRD-9706316 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 13, 1997 Notice of Application by USAble HMO, Inc. Texarkana, Texas, for Issuance of a Certificate of Authority to Establish and Operate an HMO in the State of Texas Notice is given to the public of the application of USAble HMO, Inc., Texarkana, Texas, for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) offering basic health care services in the State of Texas in compliance with the Texas HMO Act and rules and regulations for HMOs. The application is subject to public inspection at the offices of the Texas Department of Insurance, HMO Unit, 333 Guadalupe, Hobby Tower I, 6th Floor, Austin, Texas. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to issue a certificate of authority to USAble HMO, Inc., Texarkana, Texas, without a public hearing. Issued in Austin, Texas, on May 13, 1997. TRD-9706318 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 13, 1997 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2293 on June 24, 1997, at 10:00 a.m., in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider a petition by the staff of the Texas Department of Insurance proposing amendments to the Texas Personal Lines Manual (Manual) to provide deductible adjustment charts for determining premium credits for optional large deductibles for coverage afforded under a dwelling policy, farm and ranch policy, and farm and ranch owners policy. The petition requests consideration of new optional large deductible adjustment charts to be added to the Dwelling, Farm and Ranch, and Farm and Ranch Owners sections of the Manual to be used in determining the appropriate premium credits when optional large deductibles are selected for a dwelling policy, farm and ranch policy, or farm and ranch owners policy. The proposed charts also provide instructions for applying the specified deductible adjustment premium credits to determine the appropriate policy premium. The deductible adjustments for determining premium credits for optional large deductibles for the homeowners policy were determined at the Residential Property Insurance Benchmark Rate Hearing held on December 20-21, 1995 under Docket Number 454-95-1280.G (Commissioner's Order Number 96-1047 effective October 1, 1996). The Commissioner of Insurance under Commissioner's Order Number 95-1084 (October 17, 1995), adopted rules (Rule 7 under the General Requirements Section V, Deductibles Subsection D) in both the Homeowners and the Farm and Ranch Owners sections of the Manual to provide for optional large deductibles of 1.5%, 2.0%, 2.5%, 3.0%, 4.0% and 5.0% of the limit of liability of Coverage A (Dwelling) under the homeowners policy forms and the farm and ranch owners policy forms. The Commissioner under Commissioner's Order Number 95-1284 (December 8, 1995) adopted rules (Rule 5 in the Dwelling Section of the Manual under the General Requirements Section V, Deductibles Subsection D) to provide for optional large deductibles of 1.5%, 2.0%, 2.5%, 3.0%, 4.0% and 5.0% of the limit of liability for each item of insurance shown on the declarations page of the dwelling policy forms and (Rule 6 in the Farm and Ranch Section of the Manual under General Requirements Section V, Deductibles Subsection D) to provide for optional large deductibles of 1.5%, 2.0%, 2.5%, 3.0%, 4.0% and 5.0% of the limit of liability for each item of insurance shown on the declarations page of the farm and ranch policy forms and on the declarations page of any endorsement attached to the farm and ranch policy forms. These rules did not include the deductible adjustment premium credits for the optional large deductibles. Pursuant to Commissioner's Order Numbers 95-1084 and 95-1284, the Commissioner determined that the applicable premium credits for the optional large deductibles should be determined at the next annual residential benchmark rate hearing and that the optional large deductibles would be effective for all applicable policies issued on and after the effective date of the benchmark rates determined pursuant to that hearing. The benchmark rate hearing was held on December 20-21, 1995, under Docket Number 454-95-1280.G. Evidence for the determination of the appropriate premium credits for optional large deductibles to the homeowners policy was presented at that hearing, and pursuant to Commissioner's Order No. 96-1047, the optional large deductibles and the premium credits for Coverage A (Dwelling) under the homeowners policy became effective on October 1, 1996. No evidence, however, was presented at that hearing for the appropriate premium credits for optional large deductibles for a dwelling policy, farm and ranch policy, or farm and ranch owners policy. The Commissioner was therefore unable to promulgate deductible adjustment premium credits for dwelling, farm and ranch, and farm and ranch owners policies as part of the residential property insurance benchmark rate matters. As a result, according to the petition, even though the Commissioner has determined that these optional large deductibles are necessary and in the public interest, insureds are not now able to select any of these large deductibles when purchasing dwelling, farm and ranch, or farm and ranch owners policies. Therefore, according to the petition, it is Staff's position that it is necessary, appropriate, and in the public interest for the Commissioner to consider and to adopt these premium credits under Article 5.96, as part of the manual rules governing the writing of optional large deductibles for dwelling, farm and ranch, and farm and ranch owners policies. The petition states that, in addition, because the proposed decreases in premium correspond to a decrease in coverage, these deductible adjustment premium credits do not affect the residential property insurance benchmark rates in effect for the dwelling, farm and ranch, and farm and ranch owners policies. The proposed deductible adjustment charts will only be used to determine premium credits when an insured chooses one of the optional large deductibles. The proposed premium credits, according to the petition, have been determined using sound actuarial principles that result in just and reasonable premium credits for the attachment of the optional large deductibles. The petition explains the methodology used to determine the proposed premium credits. The petition requests that the proposed deductible adjustment premium credits be adopted, in accordance with Article 5.96 of the Insurance Code, to be effective 15 days after notice of the adoption is published in the Texas Register. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.35, 5.101, 5.96, and 5.98. Copies of the full text of the staff petition and the proposed deductible adjustment premium credits are available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition and proposed deductible adjustment charts, please contact Angie Arizpe at (512)322- 4147 (refer to Reference Number P-0597-13-I). Comments on the proposal must be submitted in writing within 30 days after publication of the proposal in the Texas Register to the Office of the Chief Clerk, P. O. Box 149104, MC113-2A, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to Lyndon Anderson, Associate Commissioner for the Property and Casualty Division, P. O. Box 149104, MC103-1A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Issued in Austin, Texas, on May 14, 1997. TRD-9706338 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 14, 1997 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for admission to Texas of Guidestar Health Systems, Inc., a foreign third party administrator. The home office is Wilmington, Delaware. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on May 12, 1997. TRD-9706258 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: May 12, 1997 Texas Natural Resource Conservation Commission Correction of Errors The Texas Natural Resource Conservation Commission adopted new 30 TAC sec.50.19. The rule appeared in the May 6, 1997, issue of the Texas Register, (22 TexReg 3991). On page 3991, sec.50.19 preamble, first sentence under the heading titled "EXPLANATION OF ADOPTED RULES," the word "Concerning" (when used the second time) should be removed so that the sentence reads as follows: "New sec.50.19, concerning Notice of Commission Action, Motion for Rehearing, requires the chief clerk..." The Texas Natural Resource Conservation Commission adopted new 30 TAC sec.sec.50.21, 55.25-55.27, 55.31. The rules appeared in the May 6, 1997, issue of the Texas Register, (22 TexReg 3994). On page 3996, preamble to sec.sec.55.21, 55.25-55.27, 55.31, top of the right- hand column, first full sentence, the word "such" should be added, so that the sentence reads as follows: "The commission also added a requirement that the applicant shall attend any such public meeting held by the designated office." On page 3999, sec.55.25(b)(2), third sentence, the word "such" should be added, so that the sentence reads as follows: "The applicant shall attend any such public meeting held by the designated office." On page 4000, sec.55.31(a)(3)(B), the word "whether" should be added to the beginning of the phrase, so that the sentence reads as follows: "whether the project is not driven by a noncompliance situation; and." 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) under 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 June 19, 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 12124 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 June 19, 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: K-Seven Corporation; DOCKET NUMBER: 96-1492-PST-E; ACCOUNT NUMBER: E11676; LOCATION: 103 South McDonald, McKinney, Collin County, Texas; TYPE OF FACILITY: underground storage tank facility; RULES VIOLATED: failure to install by November 15, 1994, an approved Stage II vapor recovery system which is certified to reduce the emissions of volatile organic compounds (VOCs) to the atmosphere by at least 95%; and 30 TAC sec.115.241 and sec.115.249 and the Act, sec.382.085(b); PENALTY: $10,000; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1025; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010; (817) 469-6750. (2) COMPANY: Lucky Lady Oil Company and Mr. Shaw Jiwane; DOCKET NUMBER: 96-1621- PST-E; ACCOUNT NUMBER: E11697; LOCATION: 2220 West Southlake Boulevard, Southlake, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of petroleum products; RULES VIOLATED: failure to install by November 15, 1994, an approved Stage II vapor recovery system which is certified to reduce the emissions of VOCs to the atmosphere by at least 95%; 30 TAC sec.115.241 and sec.115.249 and the Act, sec.382.085(b); failure to pay annual fees for the underground storage tanks (USTs); and 30 TAC sec.334.22(a), petroleum storage tank violations under Texas Water Code (the Code), Chapter 26; PENALTY: 10,000; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3) COMPANY: Mr. Omar S. Elhamad; DOCKET NUMBER: 96-1035-PST-E; ACCOUNT NUMBER: E11360; LOCATION: 111 East University, Denton, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of petroleum products; RULES VIOLATED: failure to install by November 15, 1994, an approved Stage II vapor recovery system which is certified to reduce the emissions of VOCs to the atmosphere by at least 95%; 30 TAC sec.115.241 and sec.115.249 and the Act, sec.382.085(b); failure to have registration updated regarding change of ownership, and failure to pay annual facility fees for the UST system; and 30 TAC sec.334.7(d)(3) and sec.334.22(a) and the Code, sec.;26.019, 26.026, 26.136, and 26.353; PENALTY: $10,600; ENFORCEMENT COORDINATOR: Srini Kusumanchi, (512) 239-2126; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (4) COMPANY: Reza Trading Enterprise, Inc; DOCKET NUMBER: 96-1618-PST-E; ACCOUNT NUMBER: E11694; LOCATION: Corinth Grocery, 6279 South Stemmons, Corinth, Denton County, Texas; TYPE OF FACILITY: underground storage tank facility; RULES VIOLATED: failure to install by November 15, 1994, an approved Stage II vapor recovery system which is certified to reduce emissions of VOCs to the atmosphere by at least 95%; 30 TAC sec.115.241 and sec.115.249 and the Act, sec.382.085(b); failure to pay annual facility fees for the UST systems, failure to provide proper release detection for USTs and piping associated with the ST systems, and failure to provide proper spill containment and overfill protection equipment for ST systems; and 30 TAC sec.334.22(a), sec.334.50(b)(1)(A) and (2)(A), sec.334.51(b)(2)(B) and (C), and the Code, sec.;26.019, 26.026, 26.136, and 26.353; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Srini Kusumanchi, (512) 239- 2126; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. Issued in Austin, Texas, on May 13, 1997. TRD-9706283 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: May 13, 1997 Public Utility Commission of Texas Public Notice of Interconnection Agreement On May 9, 1997, Southwestern Bell Telephone Company (SWB) and Optel (Texas) Telecom, Inc. (Optel) 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 Statute 56 (1996), (to be codified at 47 United States Code sec.sec.151 et. seq.) and the Public Utility Regulatory Act of 1995 (PURA) (Texas Revised Civil Statutes Annotated, Article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17431 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 17431. 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 June 12, 1997, 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, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule sec.22.202. The commission 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 commission 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 17431. Issued in Austin, Texas, on May 13, 1997. TRD-9706309 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 13, 1997 Texas Rehabilitation Commission Notice of Request for Public Comments The Texas Planning Council for Developmental Disabilities is requesting public comments on its draft "State Plan for Texans with Developmental Disabilities: FY 1998-2000." Background: The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) as amended provides assistance to State developmental disability councils for a variety of activities. Councils are required to develop a three-year state plan and to solicit public input on a draft of that plan prior to its adoption. Purpose and timelines: The Council welcomes comments on proposed goals, objectives and strategies which are intended to increase independence, productivity, and integration and inclusion for individuals with developmental disabilities. The Council proposes to continue to focus its efforts on activities in the federal priority areas of employment, community living, and system coordination and community education. Comments will be accepted until June 30, 1997. Public input will be reviewed by the Council and considered during the final revisions of the Plan. After Council approval, the Plan will go into effect October 1, 1997. Copies of the draft State Plan for Texans with Developmental Disabilities: FY 1998-2000 may be requested from the Texas Planning Council for Developmental Disabilities at (512) 424-4085, (800) 262-0334, by FAX (512) 424-4097, TDD (512) 424-4099 or by e-mail at TXDDC@rehab.state.tx.us. Material will be provided in accessible formats or Spanish upon request. Issued in Austin, Texas, on May 13, 1997. TRD-9706317 Simon Y. Rodriguez General Counsel for the Office of General Counsel Texas Rehabilitation Commission Filed: May 13, 1997 Texas Department of Transportation Public Hearing Notice The Texas Department of Transportation (TxDOT) will hold a public hearing on Friday, June 20, 1997, starting at 10:00 a.m. at 200 East Riverside Drive, Room 101, in Austin, to receive public comments on the Statewide Transportation Improvement Program (STIP) for FY 1998 - 2000. The STIP reflects the new FY 1998 - 2000 Transportation Improvement Programs (TIP) for each Metropolitan Planning Organization (MPO) in the state with the exception of the El Paso TIP and the Houston-Galveston Area Council TIP. The TIPs for these two MPOs are extensions of their current FY 1996 - 1998 TIPs until February 5, 1998. Title 23, United States Code, sec.134 and sec.135, as amended by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for the next three years for transportation projects under Title 23 or the Federal Transit Act (formerly the Urban Mass Transportation Act of 1991). Section 134(h) requires an MPO: to develop its TIP in cooperation with the state and affected transit operators; to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed TIP; and further requires the TIP to be updated at least once every two years and to be approved by the MPO and by the Governor. Section 135(f) requires the state to develop a STIP for all areas of the state in cooperation with those designated MPO's, and further requires the Governor to provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private provider of transportation, and other interested parties with a reasonable opportunity to comment on the proposed STIP. By letters dated May 23, 1995, addressed to the Chairman of the Texas Transportation Commission, the Executive Director of TxDOT and to federal transportation officials, the Honorable George W. Bush, Governor of Texas, delegated to the Texas Transportation Commission (commission) those powers and responsibilities granted to him by the ISTEA, save and except the Recreational Trails Program. Pursuant to the above delegated authority, a public hearing will be held to secure public comment on the STIP. A file copy of the FY 1998 - 2000 STIP is available for review at TxDOT central Austin office of the Transportation Planning and Programming Division, Building 1, Room 304, 40th and Jackson Streets, Austin, Texas and in each TxDOT district office throughout the state. Persons wishing to review the STIP may secure the address and telephone number of the nearest district office from the Transportation Planning and Programming Division at (512) 465-7466. Persons wishing to speak may register in advance of the hearing by notifying Mr. Eddie Shafie, Transportation Planning and Programming Division, at (512) 465- 7466 no later than Wednesday, June 18, 1997, or they may register at the hearing location between 9:00 a.m. and 10:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact Ms. Eloise Lundgren, Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 305-9137. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate these needs. Further information on the FY 1998 - 2000 STIP may be obtained from Mr. Eddie Shafie of the Transportation Planning and Programming Division, 40th & Jackson Streets, Austin, Texas 78731, (512) 465-7466. Interested parties who are unable to attend the hearing may submit written comments to Alvin R. Luedecke, Jr., P. E., at the same address. In order to be considered, all written comments must be received by TxDOT at 40th & Jackson Streets, Austin, Texas 78731, no later than Friday, June 20, 1997, at 4:00 p.m. Issued in Austin, Texas, on May 13, 1997. TRD-9706319 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: May 13, 1997