IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Commission on Alcohol and Drug Abuse Correction of Errors The Texas Commission on Alcohol and Drug Abuse proposed amendments to 40 TAC sec.sec.148.281-148.283. The rules appeared in the July 4, 1997, issue of the Texas Register, (22 TexReg 6261). The chapter heading was indicated as "Treatment Process" instead of "Facility Licensure." The section number and name for sec.148.283. Intake and Consent to Treatment was indicated as sec.148.282. 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 projects(s) during the period of July 16, 1997, through July 18, 1997: FEDERAL AGENCY ACTIONS: Applicant: Yuma Exploration & Production Co., Inc.; Location: West Bay, in N/2 of State Tract 49; N/2 of State Tract 55; and State Tract 50, near Carancahua Point, Galveston Bay, Galveston County, Texas; Project Number: 97-0215-F1; Description of Proposed Action: The applicant proposes to erect and maintain structures and appurenances, and to install pipelines in connection with the drilling of wells for the production of oil and/or natural gas. The structures may be constructed of steel or timber and will include derrick platforms, production platforms, protective structures and foundations; Type of Application: U.S.C.O.E. permit application #21031 under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403). Applicant: Jim Ramey; Location: 8227 Techman Road, Offats Bayou, Galveston County, Texas; Project Number: 97-0216-F1; Description of Proposed Action: The applicant proposes to construct a deck and handrail for recreational fee fishing purposes; Type of Application: U.S.C.O.E. permit application 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). 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 July 21, 1997. TRD-9709435 Garry Mauro Chairman Coastal Coordination Council Filed: July 21, 1997 Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist in conducting a management and performance review of the Socorro Independent School District. From this review, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The successful proposer will be expected to begin performance of the contract on or about September 25, 1997. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the previously referenced address on Friday, July 25, 1997 between 4:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the previously referenced address prior to 4:00 p.m. (CZT) on Friday, August 1, 1997. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4:00 p.m. (CZT), on Wednesday, August 27, 1997. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. Each committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - July 25,1997, 4:00 p.m. (CZT); Mandatory Letter of Intent and Questions Due - August 1, 1997, 4:00 p.m. (CZT); Proposals Due - August 27, 1997, 4:00 p.m. (CZT); and Contract Execution - September 18, 1997, or as soon thereafter as possible. Issued in Austin, Texas, on July 21, 1997. TRD-9709459 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: July 21, 1997 Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist in conducting a management and performance review of the Ysleta Independent School District. From this review, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The successful proposer will be expected to begin performance of the contract on or about September 25, 1997. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the previously referenced address on Friday, July 25, 1997 between 4:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the previously referenced address prior to 4:00 p.m. (CZT) on Friday, August 1, 1997. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4:00 p.m. (CZT), on Wednesday, August 27, 1997. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. Each committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - July 25,1997, 4:00 p.m. (CZT); Mandatory Letter of Intent and Questions Due - August 1, 1997, 4:00 p.m. (CZT); Proposals Due - August 27, 1997, 4:00 p.m. (CZT); and Contract Execution - September 18, 1997, or as soon thereafter as possible. Issued in Austin, Texas, on July 21, 1997. TRD-9709461 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: July 21, 1997 Comptroller of Public Accounts Notices of Request for Proposals Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP) for the purpose of hiring a consultant to assist in conducting a management and performance review of the Port Arthur Independent School District. From this review, findings and recommendations will be developed for containing costs, improving management strategies, and ultimately promoting better education for Texas children through school district management efficiency. The successful proposer will be expected to begin performance of the contract on or about September 25, 1997. Contact: Parties interested in submitting a proposal should contact the Comptroller of Public Accounts, Legal Counsel's Office, 111 East 17th Street, Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The RFP will be available for pick-up at the previously referenced address on Friday, July 25, 1997 between 4:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. All written inquiries and mandatory letters of intent to propose must be received at the previously- referenced address prior to 4:00 p.m. (CZT) on Friday, August 1, 1997. Closing Date: Proposals must be received in the Legal Counsel's Office no later than 4:00 p.m. (CZT), on Wednesday, August 27, 1997. Proposals received after this time and date will not be considered. Award Procedure: Proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. Each committee will determine which proposal best meets these criteria and will make a recommendation to the Deputy Comptroller, who will then make a recommendation to the Comptroller. The Comptroller will make the final decision. A proposer may be asked to clarify its proposal, which may include an oral presentation prior to final selection. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Neither this notice nor the RFP commits the Comptroller to pay for any costs incurred prior to the execution of a contract. The anticipated schedule of events is as follows: Issuance of RFP - July 25,1997, 4:00 p.m. (CZT); Mandatory Letter of Intent and Questions Due - August 1, 1997, 4:00 p.m. (CZT); Proposals Due - August 27, 1997, 4:00 p.m. (CZT); and Contract Execution - September 18, 1997, or as soon thereafter as possible. Issued in Austin, Texas, on July 21, 1997. TRD-9709462 Walter Muse Legal Counsel Comptroller of Public Accounts Filed: July 21, 1997 Texas Education Agency Request for Proposals Concerning Research and Advisement to the Texas Reading Initiative Eligible Proposers. The Texas Education Agency is requesting proposals under Request for Proposals (RFP) #707-97-023 from individuals to assist with the Texas Reading Initiative. Historically underutilized businesses (HUBs) are encouraged to submit a proposal. Special consideration will be given to those proposals that offer a nationally-recognized individual with a recognized background in reading instruction. The TEA intends to award contract, without submission of a proposal, to the current contractor, Jean Osborn, from the Center for the Study of Reading at the University of Illinois at Urbana- Champaign, unless a better proposal is received. Description. Continuation of the Texas Reading Initiative requires a nationally- recognized consultant to assist TEA staff in developing and conducting presentations and discussions concerning research-based reading instruction. The consultant will collect a core of standard information on balanced, research-based reading instruction, with an emphasis on instruction for the emerging reader. The consultant will: (a) review research design and data collection instruments prepared by TEA staff for use in conducting site visits in school districts to identify effective reading instruction in schools; (b) participate in site visits to school districts with more than one site being incorporated into regional trips to the extent possible, with the sites being geographically representative of Texas; (c) assist TEA staff in identifying and evaluating instructional materials being developed for the teaching of beginning reading; (d) assist TEA staff in identifying kindergarten programs that include early reading skills development; (e) review and advise TEA staff on the English language arts and reading Texas essential knowledge and skills and the Texas Primary Reading Inventory; (f) assist TEA staff in oversight of the Reading and English Language Arts Center for Professional Development; and (g) review and comment on analyses and reports prepared by TEA staff regarding reading instruction. Dates of Project. All services and activities related to this proposal will be conducted within specified dates. Proposers should plan for a starting date of no earlier than September 1, 1997, and an ending date of no later than August 31, 1998. Project Amount. One contractor will be selected to receive a maximum of $40,000 during the contract period. Selection Criteria. Proposals will be selected based on ability of each proposer to carry out all requirements contained in the RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. Special consideration will be given to proposers that have demonstrated nationally- recognized competence in the area of research related to reading instruction. Special consideration will be given to previous contractor, Jean Osborn based on contractor's performance, unless a better proposal is received. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit the TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate the TEA to award a contract or pay any costs incurred in preparing a response. Requesting the Proposal. A complete copy of RFP # 707-97-023 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request. Further Information. For clarifying information about this RFP, contact Robin Gilchrist, Division of Statewide Initiatives, Texas Education Agency, (512) 463- 9027. Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Standard Time), Friday, August 22, 1997. Issued in Austin, Texas, on July 21, 1997. TRD-9709436 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: July 21, 1997 Texas Ethics Commission Commission List of Late Filers Listed below 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. For more information, contact Kristin Newkirk at (512) 463-5800 or (800) 325- 8506. Deadline: Candidate/Officeholder Semi-Annual Campaign Finance Report due January 15, 1997 Deborah Dunsinger 450 El Dorado #1303 Webster, TX 77598 Deadline: Monthly Filing PAC Campaign Finance Report due April 7, 1997 Sharon Flippen Beverly Texas Health Care PAC 4107 Spicewood Springs Rd. #2 Austin, TX 78759 Belinda Kohutek Merchants Inc., PAC P.O. Drawer 591 Abilene, TX 79604-0591 Deadline: Monthly Lobby Activities Report due March 10, 1997 Rell Rice 816 Congress Avenue, #1100 Austin, TX 78701 Deadline: Monthly Lobby Activities Report due April 10, 1997 Rell Rice 816 Congress Avenue, #1100 Austin, TX 78701 Darryl B. Carter P.O. Box 540107 Houston, TX 77251-0107 Allen H. Kaplan 1908 B Romeria Austin, TX 78757 Marvin Marcell 326 Kingfisher Sugar Land, TX 77478 Melinda Wheatley P.O. Box 40519 San Antonio, TX 78229 Issued in Austin, Texas, on July 16, 1997. TRD-9709284 Tom Harrison Executive Director Texas Ethics Commission Filed: July 16, 1997 General Services Commission Notice of Consultant Contract Award In accordance with Chapter 2254, Subchapter B of the Texas Government Code, the General Services Commission (the "GSC") publishes this Notice of a Consultant Contract Award. The notice of Request for Proposal (the "RFP") from private consultants appeared in the April 1, 1997, issue of the Texas Register (22 TexReg 3259). The consultant shall assist the GSC in conducting construction claims analysis related to the Texas School for the Deaf Project Number 90-003F- 303 and related consultant services upon the approval and under the direction of the GSC Project Manager for the Contract. The consultant selected to perform this service is Heery International Inc., 3900 Essex Lane, Suite 730, Houston, Texas 77027. The Contract period to be performed will begin from the date of notice to proceed through December 31, 1997; provided, however, that GSC retains the option to extend this Contract for one month periods thereafter upon issuance of written notice to Consultant delivered no later than five business days prior to the date of termination. In no event shall the Contract term, plus extensions, exceed 24 months. The Consultant's fee for Phase 1, 2 and 3 services provided pursuant to this Contract, shall not exceed $73,315.00. The Phase 1 report will be due within 90 days of the Contract start date. The Phase 2 report, which may be in writing, is due on or before December 31, 1997. Deliverables for Phase 3 are dependent on results of Phase 1 and 2. Therefore, the due date for Phase 3 is presently undetermined. Issued in Austin, Texas, on July 16, 1997. TRD-9709330 Judy Ponder General Counsel General Services Commission Filed: July 17, 1997 Texas Department of Health Correction of Errors The Texas Department of Health adopted amendments to 25 TAC sec.221.11 and sec.221.12 and new sec.221.14. The rules appeared in the April 11, 1997, issue of the Texas Register, (22 TexReg 3421). On page 3423, the rule section number should be "sec.221.14" instead of "sec.21.14." On page 3424, sec.221.14(a)(8), a comma should be inserted after the word "located" and the word "provided". On page 3425, sec.221.14(a)(13)(B), the word "tiers" should be deleted, and the word "triers" should be inserted. On page 3426, sec.221.14(a)(19)(A), the comma after the word "representative" should be deleted. On page 3428, sec.221.14(b)(10)(A), second sentence, insert the word "is" between "carcass" and "stored". On page 3428, sec.221.14(b)(10)(A), last sentence, the comma after the word "processing" should be deleted. On page 3430, sec.221.14(b)(19)(A), the comma after the word "representative" should be deleted. On page 3430, sec.221.14(b)(19)(A), last sentence, the word "an" should be deleted. On page 3431, sec.221.14(b)(24)(B)(iv), a comma should be inserted after the word "procedure" and the word "safety". On page 3431, sec.221.14(b)(24)(B)(v), reference is made to clauses (I), (ii), and (iii). Clause (v) was separated into two clauses beginning with the language "(iii)." Clause (v) should not be separated. Texas Department of Health Notice of Emergency Cease and Desist and Impoundment Order Notice is hereby given that the Bureau of Radiation Control (bureau) ordered William Banks, III, M.D. (UNLICENSED) of Houston to immediately cease and desist use of any licensable amount of radioactive material. The bureau is impounding all sources of radiation owned or possessed by the individual. The bureau determined that continued unauthorized possession and/or use of the radioactive material without a valid license constitutes an immediate threat to public health and safety, and the existence of an emergency. The order will remain in effect until Dr. Banks, III, has either obtained a radioactive material license authorizing possession of the radioactive material, or until he has properly transferred or disposed of the radioactive material, and has provided the bureau with documentation on the actions taken. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on July 18, 1997. TRD-9709414 Susan K. Steeg General Counsel Texas Department of Health Filed: July 18, 1997 Notice of Intent to Suspend a Certificate of Registration Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following registrant: Elbert Edwin Bushnell, D.D.S., Pasadena, R07697. The department intends to suspend the certificate of registration; order the registrant to cease and desist use of radiation machine(s); and order the registrant to present evidence satisfactory to the bureau that he has complied with the order and the provisions of the Health and Safety Code, Chapter 401. If the remaining penalty from the Agreed Order dated April 20, 1993, is paid within 30 days of the date of the complaint, the department will not issue an order. This notice affords the opportunity to the registrant for a hearing to show cause why the certificate of registration should not be suspended. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the penalty is not paid, the certificate of registration will be suspended at the end of the 30-day period of notice, and the registrant will be ordered to cease and desist use of the x-ray equipment. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Texas, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on July 18, 1997. TRD-9709413 Susan K. Steeg General Counsel Texas Department of Health Filed: July 18, 1997 Texas Department of Housing and Community Affairs Notification of Extension of Contract The Texas Department of Housing and Community Affairs (TDHCA) announces the extension of the contract end date for the Hunter Company, Inc. to complete the Statewide Analysis of Impediments to Fair Housing Choice. Due to additions to the report requested by TDHCA staff, this extension of time is necessary to allow the Hunter Company, Inc. to complete the project. The end date has changed from April 15, 1997 to October 31, 1997. (This extension is being submitted in accordance with Government Code, sec.2254.031.) Written comment of questions should be sent to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 787141-3941, (512) 475-3972. Issued in Austin, Texas, on July 21, 1997. TRD-9709457 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: July 21, 1997 Notice of Public Hearing The Texas Department of Housing and Community Affairs (TDHCA) announces that a public hearing will be held to receive comments on the temporary re-assignment of counties served by the Community Services, Inc.'s Texas Weatherization Assistance Program for Low-Income Persons. Counties to be re-assigned will be Anderson, Collin, Dallas, Denton, Ellis, Henderson, Hunt, Kaufman, Navarro, Rockwall, Smith and Van Zandt. The public hearing will be held at 1:30 p.m. on Tuesday, August 5, 1997 in 2nd Floor Conference Room C of the Dallas County Human Services Building on 2377 North Stemmons Freeway, Dallas, Texas. At the hearing, a representative from TDHCA will provide a listing of proposed contractors to provide services under the Texas Weatherization Assistance Program for Low-Income Persons. Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize county assignments. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on August 8, 1997 to Ms. Nieves López, Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941. A copy of the proposed contract assignments may be requested by calling Ms. López at (512) 475-1435 or by writing Ms López at the TDHCA address listed previously. Individuals who require auxiliary aids or services for this meeting should contact Ms. Aurora Carvajal, ADA responsible employee, at (512) 475-3822 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made. Issued in Austin, Texas, on July 21, 1997. TRD-9709451 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: July 21, 1997 Texas Department of Human Services Notice of Intent to Contact with Family Violence Shelters The Texas Department of Human Services (TDHS) gives this notice of its intention to award contracts for family violence services for the period of September 1, 1997 through August 31, 1998. TDHS plans to contract with the shelters listed in this notice. Other organizations that believe they meet the following qualifications outlined are invited to provide written documentation of those qualifications. If other eligible providers respond to this notice, TDHS will determine the appropriateness of awarding additional contracts. To be eligible to apply for a contract, a public or private non-profit organization must operate a shelter center for victims of family violence. For at least nine months before the date TDHS awards a contract to a shelter center, the center must have been incorporated (if private) and been portraying itself to the public as a facility that specifically, although not necessarily solely, provides services to family violence victims; offered 24-hour hotline, community education, information and referral; and had the continuous capacity to offer 24-hour-a-day shelter for at least five victims of family violence. Continuous capacity is defined to include a break in services due to extenuating circumstances for no longer than one month. Historically underutilized businesses, public or private non-profits, who meet all the requirements noted above are encouraged to apply. If your organization believes it is eligible, and meets the previously listed requirements, contact the Family Violence Contract Administrator, Liz Cruz Garbutt, at The Texas Department of Human Services, P.O. Box 149030, MC W-230, Austin, Texas 78714-9030, (512) 438-5440. The TDHS intends to contract in fiscal year 1998 (September 1 - August 31) with the following family violence shelters: Noah Project - Main Office, P.O Box 875, Abilene , TX 79601-0875 Family Crisis Center of The Big Bend, P.O. Box 1470, Alpine, TX 79831-1470 Family Support Services, 1001 S. Polk, Amarillo, TX 79101 The Women's Center of Brazoria County, P.O. Box 476, Angleton, TX 77516-0476 The Women's Shelter, Inc., P.O. Box 1207, Arlington , TX 76004 Center for Battered Women, Inc., P.O. Box 19454, Austin , TX 78760-9454 Bastrop County Women's Shelter, P.O. Box 736, Bastrop, TX 78602 Matagorda County Women's Crisis Center, P.O. Box 1820, Bay City, TX 77404-1820 Bay Area Women's Center, P.O. Box 3735, Baytown, TX 77522 Family Services of Beaumont, Inc., P.O. Box 6606, Beaumont, TX 77701 Hutchinson County Crisis Center, Inc., P.O. Box 182, Borger, TX 89008 Friendship of Women, Inc., P.O. Box 3112, Brownsville, TX 78523 Pheobe's Home, P.O. Box 3490, Bryan, TX 77805 Wintergarden Women's Shelter, Inc., P.O. Box 1382, Carrizo Springs, TX 78834 Johnson County Family Crisis Center, P.O. Box 43, Cleburne, TX 76033 Women's Shelter of the Corpus Christi Area, Inc. , P.O. Box 3368, Corpus Christi, TX 78463 The Salvation Army, P.O. Box 35928, Dallas, TX 75235 The Family Place, P.O. Box 7999, Dallas, TX 75209 Amistad Family Violence & Rape Crisis Center, P.O. Box 1454, Del Rio, TX 78841 Denton County Friends of the Family, Inc. , P.O. Box 640, Denton, TX 76202 Safe Place. P.O. Box 317, Dumas, TX 79029 El Paso Shelter for Battered Women, P.O. Box 26219, El Paso, TX 79926 Women's Haven of Tarrant County, Inc. , P.O. Box 1456, Fort Worth, TX 76101 Women's Resource & Crisis Center of Galveston County, P.O. Box 1545, Galveston, TX 77553 Brighter Tomorrows, Inc., P.O. Box 532151, Grand Prairie, TX 75053 Women in Need, Inc., P.O. Box 349, Greenville, TX 75403-0349 Family Crisis Center, Inc., 513 E. Jackson , #209, Harlingen, TX 78550 Southwest Family Life Center, Inc., P.O. Box 393, Hondo, TX 78861 Houston Area Women's Center, 1010 Waugh Dr., Houston, TX 77019 FamilyTime Foundation, P.O. Box 893, Humble, TX 77347 SAAFE House (Walker County Family Violence Council), P.O. Box 1893, Huntsville, TX 77342-1893 New Tomorrows Inc., P.O. Box 177214, Irving, TX 75017-7214 Cherokee County Crisis Center, Inc., P.O. Box 8371, Jacksonville, TX 75766 Hill Country Crisis Council Inc., P.O. Box 1817, Kerrville, TX 78029 Kilgore Community Crisis Center, 905 Broadway, Kilgore, TX 75662 Families in Crisis, Inc., P.O. Box 25, Killeen, TX 76540-0025 Catholic Social Services of Laredo, Inc., P.O. Box 3305, Laredo, TX 78044 Women's Center of East Texas, Inc., P.O. Box 347, Longview, TX 75606 Women's Protective Services of Lubbock, Inc., 3223 S. Loop 289, Suite 320, Lubbock, TX 79423 Highland Lakes Family Crisis Center, P.O. Box 805, Marble Falls, TX 78654 Women Together Foundation, 420 N. 21st Street, McAllen, TX 78501 Permian Basin Center of Battered Women, P.O. Box 2942, Midland, TX 79702 HOPE, Inc., P.O. Box 1622, Mineral Wells, TX 76068 Women's Shelter of East Texas, Inc., P.O. Box 630569, Nacogdoches , TX 75963 Comal County Family Violence Shelter, Inc., P.O. Box 310344, New Braunfels, TX 78131 Tralee Crisis Center for Women, P.O. Box 2880, Pampa, TX 79065 Family Haven Crisis & Resource Center, 1220 Clarksville, Paris, TX 75460 Bridge Over Troubled Waters, P.O. Box 3488, Pasadena, TX 77506 Panhandle Crisis Center, P.O. Box 502, Perryton, TX 79070 Hale County Crisis Center, P.O. Box 326, Plainview, TX 79073-0326 Collin County Women's Shelter, 2701-C. W. 15th , Suite 212, Plano, TX 75075 Fort Bend County Women's Center, P.O. Box 183, Richmond, TX 77469 Williamson County Crisis Center, P.O. Box 740, Round Rock, TX 78664 ICD Family Shelter, P.O. Box 5018, San Angelo, TX 76902 Women and Children's Resource Center, Inc. , P.O. Box 10393, San Antonio, TX 78210 Hays-Caldwell Women's Center, P.O. Box 234, San Marcos, TX 78667 Guadalupe Valley Family Violence Shelter, P.O. Box 1302, Seguin, TX 78155 Grayson County Women's Crisis Line, Inc., P.O. Box 2112, Sherman, TX 75091 Domestic Violence Prevention, Inc., P.O. Box 712, Texarkana, TX 75504 Montgomery County Women's Center, P.O. Box 8666, The Woodlands, TX 77380 East Texas Crisis Center, 2026 Republic Drive, Tyler, TX 75701 Women's Crisis Center, Inc., P.O. Box 395, Victoria, TX 77902 Family Abuse Center, P.O. Box 20395, Waco , TX 76702 Bay Area Turning Point, P.O. Box 57543, Webster , TX 77598-7543 First Step, Inc. , P.O. Box 4085, Wichita Falls , TX 76308. Issued in Austin, Texas, on July 18, 1997. TRD-9709363 Glenn Scott Agency Liaison Texas Department of Human Services Filed: July 18, 1997 Texas Department of Insurance Correction of Error The Texas Department of Insurance adopted amendments to Part One, Section 1A 13, and Part 2, Section 1 E and F, Texas Retrospective Rating Manual, Workers Compensation and Employers' Liability, published under the Exempt Notification. The rule appeared in the July 18, 1997, issue of the Texas Register, (22 TexReg 6751). The corrective affective date should read as "August 6, 1997". Also the item was inadvertently left out of the table of contents. Texas Department Of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for admission in Texas for TIAA Life Insurance Company, a foreign life, accident and health company. The home office is in New York, New York. Application for incorporation in Texas for Southern Vanguard Insurance Company, a domestic fire and casualty company. The home office is in Dallas, Texas. Application for a name change in Texas for AMBAC Indemnity Corporation, a foreign fire and casualty company. The proposed new name is Ambac Assurance Corporation. The home office is in Madison, Wisconsin. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on July 18, 1997. TRD-9709370 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 18, 1997 Texas Department of Insurance Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2299, on Tuesday, August 26, 1997, at 9:00 a.m. in Room 100 of the of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street in Austin, Texas. The purpose of this hearing is to receive evidence regarding the appropriate rate reductions for certain lines and sublines of liability coverages to reflect the savings resulting from tort reform measures adopted by the 73rd and 74th sessions of the Texas Legislature. The Commissioner will also hear comments from interested parties regarding proposed amendments to 28 TAC Subchapter R, Temporary Rate Reduction for Certain Lines of Insurance. Text of the proposed amendments will be available prior to the hearing. Individuals who wish to present evidence or comments will be asked to register immediately prior to the hearing. Individuals may make an oral presentation of up to ten minutes in length when called upon in order of registration. Written evidence and comments may be submitted to the Chief Clerk's Office, P.O. Box 149104, Mail Code 113-1C, Austin, Texas 78714-9104. An additional copy of the comment should be submitted to Rose Ann Reeser, Deputy Commissioner, Legal and Compliance, Mail Code 110-1A, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. Closed claim data detail and the information from focus groups regarding the effects of tort reform are available on the TDI Web page at www.tdi.state.tx.us or upon request from the Department. Please contact Angie Arizpe at (512) 463- 6326 (refer to Reference Number 5.14000). Issued in Austin, Texas, on July 21, 1997. TRD-9709434 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 21, 1997 Texas Department of Insurance Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for incorporation in Texas of Houston Medical Group, PLLC, a domestic third party administrator. The home office is Houston, Texas. Application for admission to Texas of Cooperative Benefit Administrators, Inc., a foreign third party administrator. The home office is Lincoln, Nebraska. Application for admission to Texas of Entergy Services, 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 July 17, 1997. TRD-9709318 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 17, 1997 Texas Natural Resource Conservation Commission Notice of Application for Waste Disposal Permits Attached are Notices of Applications for waste disposal permits issued during the period of July 14 thru July 18, 1997. Except for Invitex Incorporated, Permit Number 13033-01 issued date of January 10, 1996. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of the notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description of how you would be adversely affected by the granting of the application in a way not common to the general public; (5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, Chief Clerks Office-MC105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, type of application-new permit, amendment, or renewal and permit number. B.L. HELM, 2525 South Shore Boulevard, Suite 407, League City, Texas 77573; The wastewater treatment plant is located approximately 1000 feet south of Farm-to- Market Road 1960, approximately 4500 feet east-southeast of the intersection of Farm-to-Market Road 1960 and Wilson Road in Harris County, Texas; renewal; Permit Number 13264-001. CANEY CREEK UTILITIES, INC., 99 Hunters Point, Montgomery, Texas 77356; The wastewater treatment plant is located on Hunters Point Road on the west bank of Lake Conroe approximately 3/4 mile north of Farm-to-Market Road 1097 in Montgomery County, Texas, amendment; Permit Number 12023-001. COASTAL STATES CRUDE GATHERING COMPANY, Nine Greenway Plaza, Houston, Texas 77046; the Edinburg Terminal, a petroleum bulk storage and distribution terminal; The plant site is located 2.7 miles north of State Route 1925, at the intersection of US Highway 281 and Ingle Road in Hidalgo County, Texas; new; Permit Number 03941. CITY OF CUMBY, P.O. Box 349, Cumby, Texas 75433; The wastewater treatment facilities are located approximately 2000 feet east of the intersection of Interstate Highway 30 and Farm-to-Market Road 275 on the east side of the City of Cumby along the south side of the Louisiana and Arkansas Railroad in Hopkins County, Texas; renewal; Permit Number 13792-001. HOECHST CELANESE CORPORATION, P.O. Box 9077, Corpus Christi, Texas 78469-9077; a research development and chemical manufacturing facility; The plant site is located at 1901 Clarkwood Road approximately 3.5 miles north-northwest of the Corpus Christi International Airport, south of the intersection of Leopard Street and Clarkwood Street in the City of Corpus Christi, Nueces County, Texas; renewal; Permit Number 03450. IGLOO PRODUCTS, CORP., 30603 Katy Brookshire Road, Katy, Texas 77449; a plastic container manufacturing facility; The plant site is located at 30603 Katy- Brookshire Road adjacent to and south of U.S. Highway 90, approximately 750 feet west of the Willow Fork of Buffalo Bayou, Waller County, Texas; renewal; Permit Number 02229. INVITEX INCORPORATED, 11810 Interstate Highway 10 East, Baytown, Texas 77520; The wastewater treatment facilities are approximately 1.4 miles east of the intersection of State Highway 146 and Interstate Highway 10 in Chambers County, Texas; renewal; Permit Number 13033-01. CITY OF MISSOURI CITY, 1522 Texas Parkway, Missouri City, Texas 77459; The Steep Bank/Flat Bank Creek Wastewater Treatment Plant is located approximately 2,300 feet southeast of the intersection of Oilfield Road and Steep Bank Creek and approximately 1.0 mile southwest of the intersection of Oilfield Road and State Highway 6 in Fort Bend County, Texas; new; Permit Number 13873-001. CITY OF RIESEL, P.O. Box 249, Riesel, Texas 76682; The wastewater treatment plant is located approximately 0.5 mile west of State Highway 6 on West Charles Street and on the east bank of West Sandy Creek in the City of Riesel in McLennan County, Texas; amendment; Permit Number 11015-001. RHONE-POULENC, INC., 8615 Manchester Boulevard, Houston, Texas 77012; an inorganic chemicals plant and a hazardous waste incinerator; The plant site is located at 8615 Manchester Boulevard in the City of Houston, Harris County, Texas; renewal; Permit Number 00542. CITY OF SAN ANGELO, P.O. Box 1751, San Angelo, Texas 76902; The wastewater treatment facilities and disposal site are located approximately 3.5 miles east- northeast of the intersection of Farm-to-Market Road 380 and State Highway Loop 306 in Tom Green County, Texas; renewal; Permit Number 10641-003. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, P.O. Box 99, Huntsville, Texas 77342-0099; the Jester I Unit Wastewater Treatment Facilities; The facilities are on the north bank of Oyster Creek, approximately 3 miles upstream of Farm-to-Market Road 1464 crossing Oyster Creek in Fort Bend County, Texas; renewal; Permit Number 11475-001. CITY OF WESLACO, 500 S. Kansas, Weslaco, Texas 78596; The water treatment plant site is located at the southeast intersection of Farm-to-Market Road 88 and Mile 9 North Road in Hidalgo County, Texas; renewal; Permit Number 10619-001. CITY OF WHITEFACE, P.O. Box 248, Whiteface, Texas 79379; The wastewater treatment facilities and disposal site are located approximately 2,500 feet northeast of the intersection of State Highway 114 and Farm-to-Market Road 1780, north of the City of Whiteface in Cochran County, Texas; renewal; Permit Number 10314-001. E. I. DU PONT DE NEMOURS & COMPANY, INC., P.O. Box 1089, Orange, Texas 77631- 1089; The facility is located two miles south of Orange in Orange County, Texas. The waste disposal well is located approximately 200 feet north and 3,100 feet west of the southwest corner of the W. H. Stark Survey, Abstract-505, Orange County, Texas; which authorizes the subsurface disposal of hazardous and non- hazardous wastes generated on-site at its Sabine River Works Plant during the manufacture of adipic acid and adiponitrile which are used in the manufacture of nylon; amendment; Permit Number WDW-282; (45 day notice). Issued in Austin, Texas, on July 18, 1997. TRD-9709410 Eugenia K. Brumm, Ph. D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 18, 1997 Notice Of Receipt Of Application And Declaration Of Administrative Completeness For Municipal Solid Waste Management Facility For The Period of July 14, 1997 through July 18, 1997 APPLICATION BY I. 35 SANDPIT, INC., Proposed Permit Number MSW2265, to authorize a Type IV municipal solid waste management facility permit. The permit would allow the applicant to receive approximately 195 tons of solid waste: disposal of brush, construction-demolition waste, and/or rubbish that are free of putrescible and free of household municipal solid waste. The site covers approximately 34.5 acres of land which is located approximately 3.5 miles northwest of Alvarado, Texas. The facility is located approximately 0.42 mile east of Interstate Highway 35 West and approximately 0.38 mile south of FM 917. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on July 18, 1997. TRD-9709409 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 18, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions July 18, 1997 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 August 24, 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 August 24, 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: Mr. Sulaiman Thobani; DOCKET NUMBER: 96-1422-PST-E; ACCOUNT NUMBER: E11671; LOCATION: Frank's Mean Gas, Inc. 3601 East University, Denton, Denton County, Texas; TYPE OF FACILITY: underground storage tank facility; RULE 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); PENALTY: $10,000; ENFORCEMENT COORDINATOR: Adele Noel, (512) 239-1045; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010, (817) 469-6750. Issued in Austin, Texas, on July 18, 1997. TRD-9709396 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 18, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of July 18, 1997. Application Number TA-7836 by Sun Pipeline Company for diversion of 3 acre-feet in a 6-month period for industrial (hydrostatic testing) use. Water may be diverted from the Sabine River, approximately 6.0 miles west-southwest of Longview, Gregg County, Texas approximately 1 mile south of the intersection of River Road and Highway 42 on River Road, Sabine River Basin. Application Number TA-7838 by Lone Star Pipeline for diversion of 2 acre-feet in a 3-month period for industrial purposes. Water may be diverted from the Blindsay Road crossing of the Trinity River, approximately 22 miles southeast of Dallas, Dallas County, Texas, Trinity River Basin. Application Number TA-7840 by APAC - Texas , Inc. for diversion of 3.0 acre-feet during a 1 year period for industrial purposes. Water may be diverted from Cow Bayou, Sabine River Basin, approximately 200 yards south of the intersection of State Highway 105 and Cow Bayou, and 2 miles east of Orangefield, Orange County, Texas, Sabine River Basin. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed above and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (512) 239-3300. Issued in Austin, Texas, on July 18, 1997. TRD-9709411 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: July 18, 1997 Texas Natural Resource Conservation Commission Public Notice The Texas Natural Resource Conservation Commission (TNRCC or Commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code Chapter 361, as amended (the "Act"), to identify and assess facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. Pursuant to sec.361.184(a), the Commission must publish in the Texas Register those facilities which are identified as eligible for listing on the registry of state Superfund sites. The most recent registry listing was published in the April 18, 1997, issue of the Texas Register (22 TexReg 3631). The following is a facility or area that the Executive Director of the TNRCC has determined eligible for listing and which the Executive Director proposes to list on the state registry. Also specified is the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the Executive Director. The Materials Recovery Enterprises, Inc. (MRE) facility is an abandoned commercial Class I hazardous waste disposal facility located approximately 0.25 mile north of FM 604 and 0.5 mile east of US 83 about 4 miles southwest of Ovalo, Taylor County, Texas. The facility coordinates are 32° 07' 53" north latitude and 99° 51' 17" west longitude. The primary waste storage unit was a decommissioned Atlas missile silo complex which MRE, Inc converted to receive wastes. The facility also contained a truck unloading platform, two evaporation ponds, a drum storage area and the buried remnants of the liner from one of the evaporation ponds. The main silo is approximately 52 feet in diameter and extends approximately 174 feet below ground surface. The silo is constructed of reinforced concrete varying from 30 inches to 9 feet thick. Electrical conduits penetrate the concrete walls at several locations. The Air Force decommissioned the silo and sold the property in 1968. In 1978 the Texas Department of Water Resources (TDWR) issued a commercial Class I permit to MRE for an industrial solid waste management facility. MRE commenced operations at the facility in March 1979. Inspections by TDWR from 1980 to 1982 revealed that MRE was not operating in compliance with their permit. Therefore in 1982 the TDWR suspended MRE's permit for accepting, storing, treating or disposing of any additional waste materials. The last reported acceptance of waste was in May 1982. From 1982 through 1988 the TDWR and its successor agency the Texas Water Commission (TWC) pursued legal efforts at proper closure of the facility. MRE apparently abandoned the facility sometime in late 1987. Most recent estimates are that the waste silo contains approximately 1 million gallons of wastes associated primarily with metal finishing, electroplating and paint manufacturing activities. Additional wastes disposed in the evaporation ponds may have been pumped back into the waste silo or evaporated, therefore the amount of waste in the evaporation ponds and with the buried remnants of the evaporation pond liner is unknown. Organic and inorganic contaminants have been documented in the shallow on-site monitor wells. A public meeting has been scheduled regarding the proposed listing of the site. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Government Code, Chapter 2001). Persons desiring to comment on the proposed listing of this site may do so in the context of the public meeting either orally or in writing. Written comments may also be submitted to the attention of Jeffrey E. Patterson, TNRCC, Pollution Cleanup Division, MC-143, P. O. Box 13087, Austin, Texas 78711-3087. All comments must be received by the Commission by the end of the public meeting on September 4, 1997. The public meeting has been scheduled for: 7:00 p.m., Thursday, September 4, 1997, at Jim Ned High School Cafetorium, 830 Garza Avenue, which is just off Highway 83 at the north edge of the City of Tuscola, Texas. The Executive Director of the TNRCC prepared a brief summary of the Commission's records regarding this site. This summary, as well as a portion of the records for the site, are available for inspection and copying during the business hours of 9:00 a.m. to 4:00 p.m. at Tuscola City Hall, 418 Graham Street, Tuscola, Texas, 79562, telephone (915) 554-7766. A duplicate file of the summary and public records is also available at the Abilene Public Library, 202 Cedar Street, Abilene, Texas 79601, telephone (915) 677-2674. The Abilene library is open from 10:00 a.m. to 9:00 p.m. Monday through Thursday, from 10:00 a.m. to 6:00 p.m. on Friday and Saturday and from 1:00 p.m. to 5:00 p.m. on Sunday. Copies of the complete public record file may be obtained during regular business hours at the TNRCC Central Records Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; telephone 1 (800) 633-9363, extension 2920 (within Texas only). Copying of file information is subject to payment of a fee. Issued in Austin, Texas, on July 21, 1997. TRD-9709433 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 21, 1997 Public Utility Commission Notice of Application for Service Provider Certificate of Operating Authority Notice is given to the public of the filing with the Public Utility Commission of Texas an application on July 16, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.3.2532 of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Application of Preferred Payphone, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 17697 before the Public Utility Commission of Texas. Applicant intends to provide local services as well as operator assisted calls for collect calls. Applicant's requested SPCOA geographic area includes the geographic regions currently serviced by Southwestern Bell Telephone Company. 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 no later than July 30, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on July 17, 1997. TRD-9709329 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 17, 1997 Public Notice of Interconnection Agreement On July 10, 1997, Southwestern Bell Telephone Company (SWB) and Network Operator Services (Network) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996 (FTA) (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 17681. The joint application and the 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 17681. 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 August 28, 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 17681. Issued in Austin, Texas, on July 17, 1997. TRD-9709333 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 17, 1997 Request for Comments on Implementing the FCC Order Assigning the 311 Dialing Code to Government Services and the 711 Dialing Code to Telecommunications Relay Services The Public Utility Commission of Texas (PUC) has established Project Number 17264 to implement the Federal Communication Commission's First Report and Order in CC Docket No. 92-105, In the Matter of the Use of N11 Codes and Other Abbreviated Dialing Arrangements, ("FCC N11 Order"). The commission seeks comments and information from interested parties in response to the following questions. In the questions, "user" refers to a government entity to which the 311 dialing code is assigned, i.e. an agency that may be reached by a caller dialing 311. A "local user" is a government entity to which 311 is assigned for an area smaller than the state as a whole. A "311 provider" is a telecommunications utility providing 311 service to a government entity. A party may respond to any or all of the questions listed. 1. What is the appropriate scope of a rule or order assigning the 311 dialing code to a government agency or the 711 dialing code to telecommunications relay service? Should any telecommunications utilities be exempt from such a rule or order? If so, identify such utilities and explain how the exemption would advance the public interest and would not violate the Federal Communications Commission's (FCC) N11 Order. 2. What type of notice should be provided to government entities of a 311 application which, if granted, would preclude use of the number by other entities? Who should bear the cost of providing such notice? 3. If more than one government entity requests the use of the 311 dialing code for the same geographic area, what criteria should the commission use to choose among the competing applications? Should different standards be applied to applications for local as opposed to statewide use of the 311 dialing code? 4. Should the commission require a local 311 user or a telecommunications utility providing 311 service to a local user to employ a technology that would permit neighboring entities to implement 311 systems of their own? If such technology is not immediately available, should the commission require the user to convert to the new technology as it becomes available? 5. Should the commission restrict the sharing of facilities and personnel between 911 and 311 systems? Are other restrictions on 311 service necessary to assure the integrity and reliability of 911 systems? 6. Should the commission limit the use of 311 by government entities? Are such restrictions permitted by the FCC N11 Order? 7. Should the commission place restrictions on the commercial use of 311 service? For example, should a user be permitted to broadcast commercial advertising over the system to callers who are on hold? 8. Should a 311 or 711 user be permitted to obtain Automatic Number Identification or Automatic Location Identification information from a 311 caller ? If so, should a 311 user be permitted to use this information for commercial purposes? 9. Should a 311 user be permitted to charge a fee for a 311 call? 10. When assigning 311 for use by a government entity is it appropriate for the commission to limit the duration of that assignment? If so, what should be the duration of an assignment of the 311 dialing code to a government entity? Should the duration differ depending on whether the assignment is for statewide or local use? 11. How should the provision of 311 service be tariffed? Are there provisions of state or federal law or rules which prevent the service from being provided under a customer-specific contract? 12. How should the commission establish the rates for provision of 311 and 711 service by a dominant certified telecommunications utility (DCTU)? What is the appropriate minimum or maximum level of contribution to joint and common costs of the DCTU providing the service? 13. What costs should the commission consider in setting rates for 311 service? Are there costs that should be excluded? What is a reasonable break-even period to enable a provider of 311 service to recover its start-up or implementation costs? 14. When 311 or 711 service is provided by a local exchange company that has elected incentive regulation under Public Utility Regulatory Act of 1995 (PURA95) Title III, Subtitle H (an "electing LEC"), in which basket should the service be classified? Should 311 service be treated as a new service under PURA95 sec.3.355(b)(8)? 15. Should 311 service be treated as a new service under PUC Substantive Rule sec.23.26? 16. Are there circumstances under which 311 or 711 service could or should be made available for resale? Why or why not? 17. Does the commission have jurisdiction to review rates for 311 service provided by a telecommunications utility that is not a DCTU? 18. What amendments to the PUC's substantive rules, if any, are necessary to effect the assignment of the 711 dialing code to Relay Texas, the state's telecommunications relay service? 19. Are there other matters, not included in the preceding questions, which the commission should consider in adopting rules to implement the FCC N11 Order? The commission staff will review the responses to these questions and use them in preparing a recommendation to the commission regarding further action, including possible amendments to the commission's substantive rules (16 TAC sec.sec.23.1 et seq.). Responses (18 copies) should be submitted to Mr. James Galloway, Filing Clerk, Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, within 30 days of the date of publication of this notice. Responses should refer to Project Number 17264. Issued in Austin, Texas, on July 17, 1997. TRD-9709331 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 17, 1997 Request for Comments on Rulemaking on Standards for Contract Approval Under Section 103 of the Federal Telecommunications Act of 1996 The Public Utility Commission of Texas (commission) has established Project Number 17508 to implement the provisions of the federal Telecommunications Act of 1996 (FTA96) sec.103, which amends sec.34 of the Public Utility Holding Company Act of 1935 (PUHCA). FTA96 provides for commission review of contracts between a public utility and an exempt telecommunications company (ETC) that is an affiliate or associate company of that utility. The commission is interested in seeking comments on standards for contract approval under FTA96 sec.103. The commission invites specific comments on the following questions: 1. In Docket Number 16759, Joint Application of CSW Communications Inc. and West Texas Utilities Co. for Approval of a Contract Pursuant to the Federal Telecommunications Act of 1996, the general counsel of the commission proposed a three-part standard for review of contracts between an electric utility and an affiliated ETC under PUHCA sec.34(i) as amended by FTA96 sec.103 (see "General Counsel's Brief in Response to Commission's Inquiry," April 18, 1997). In brief, the three-part standard includes: (1) structural separation between the regulated utility and the ETC; (2) an incremental cost standard, which requires that the price of any service or facility provided by an electric utility to an affiliated ETC must be greater than the incremental cost of the service or facility provided (incremental cost is the cost avoided by the firm if the service or facility is not produced); and (3) a stand-alone cost standard, which requires that the price of any service or facility provided by an ETC to an electric utility must be less than stand- alone cost. The stand-alone cost standard requires that the cost of procuring a service or facility from an ETC, or of participating in a joint venture with an ETC, must not exceed the cost to the utility of procuring or providing the same service or facility on its own. Is this three-part standard sufficient to protect the interests of ratepayers of an electric utility entering into a contract with an ETC? Is this three-part standard sufficient to prevent the affiliated ETC from receiving an unfair competitive advantage? 2. What are the minimum standards for bid solicitation by an electric utility in which an affiliated ETC may be a bidder? Should the standards vary by size of contract? 3. If an electric utility awards a contract following a solicitation process in which an affiliated ETC is a bidder, what notice, standards, and procedures are required to ensure that the contract is awarded fairly and the ETC does not receive a special advantage (or penalty) due to its affiliation? 4. If an ETC is awarded a contract by an affiliated electric utility as a result of a competitive solicitation, is expedited commission review of the terms of the contract appropriate? If so, what level of review should the commission conduct? 5. If a contract is below a minimum dollar value, is expedited commission review appropriate for that contract? If so, what is the appropriate threshold, and what level of review should the commission conduct? 6. If an electric utility awards a contract to an affiliated ETC outside of a solicitation process, what information should the commission require to ensure that the contract is awarded fairly and the ETC does not receive a special advantage (or penalty) due to its affiliation? What standards for review should the commission follow? 7. If an electric utility purchases from an affiliated ETC a telephone service offered pursuant to an approved or informational tariff on file with the commission and generally available to customers within the area covered by the ETC's certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority, should commission approval of such purchase be required? If an ETC offers a telecommunications service pursuant to such a tariff, should a utility be required to conduct a solicitation or otherwise search for the lowest reasonable rate from alternative providers before purchasing the service from the affiliated ETC? 8. Is FTA96 sec.703 self-enacting, or should implementation of its provisions for Texas be included in this rule? Are the protections of that section sufficient to ensure access by a competitive provider to the poles, ducts, conduits, and/or rights-of-way of an electric utility that is comparable to the access provided by the utility to its ETC? If FTA96 is not applicable or sufficient, what additional provisions or standards are necessary to ensure comparable access? 9. What are the physical, technological, and other practical limitations on the capacity of existing poles, ducts, conduits, and/or rights-of-way owned by electric utilities to accommodate facilities of competing telecommunications service providers? 10. To what extent would the standards contemplated in this project erect a barrier to entry by imposing discriminatory restrictions on electric utilities and ETCs that would not apply to other telecommunications providers or potential entrants in the telecommunications industry? How should the commission balance anticompetitive concerns regarding transactions between electric utilities and ETCs with the potentially discriminatory restrictions on electric utilities? 11. PUHCA sec.34(b) as amended by FTA96 sec.103 provides for state consent for sale of existing rate-based facilities by an electric utility to an affiliated ETC. Should the scope of this rule include PUHCA sec.34(b) in addition to sec.34(i)? 12. If this rule addresses PUHCA sec.34(b), are the existing standards in the Public Utility Regulatory Act of 1995, PUHCA, FTA96, and the commission's substantive rules sufficient to govern sale of existing rate-based facilities by an electric utility to an affiliated ETC? If no, what standards for state consent are appropriate under FTA96 sec.103(b)? Should an incremental cost floor for sales of rate-based facilities or some other standard be adopted? Comments on the above questions should be filed (18 copies) with the commission's Central Records Office, P.O. Box 13326, Austin, Texas 78711-3326, by August 25, 1997 at 3:00 p.m. Comments should not exceed 15 pages and should refer to Project Number 17508. Interested parties who wish to be included in the project service list should submit a written request to Central Records and reference Project Number 17508. Issued in Austin, Texas, on July 17, 1997. TRD-9709332 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 17, 1997 Railroad Commission of Texas As published initially in the July 8, 1997 and subsequently in the July 15, 1997 Texas Register Southern Union Gas Company ("Applicant") has filed an application for waiver from the pipeline safety standards and regulations of the Railroad Commission of Texas ("Commission"). Applicant seeks a permanent waiver from the application of the definition of "Main" found at 49 Code of Federal Regulations ("C.F.R.") sec.192.3, to any existing or future distribution line of the Applicant which extends onto private property and serves more than one customer meter. 49 C.F.R. sec.192.3 defines pertinent terms as follows: "Distribution line" means a pipeline other than a gathering or transmission line; "main" means a distribution line that serves as a common source of supply for more than one service line; and "service line" means a distribution line that transports gas from a common source of supply to (a) a customer meter or the connection to a customer's piping, whichever is farther downstream, or (b) the connection to a customer's piping if there is no customer meter. A customer meter measures the transfer of gas from an operator to a consumer. Under current federal and state regulations, distribution lines defined as "Main" must be buried deeper than service lines. 49 C.F.R sec.192.327 provides that each buried main must be installed with at least 24 inches of cover, except in certain circumstances. 49 C.F.R. sec.192.361 provides that each buried service line must be installed with at least 12 inches of cover in private property and at least 18 inches of cover in streets and roads. A grant of the waiver sought would result in all of the Applicant's existing and future distribution lines which extend onto private property and serve more than one customer meter being subject to the federal and state requirements governing the installation, construction, maintenance and operation of service lines. Applicant submits that the waiver sought will reduce the number of lines which have to be installed in residential areas thereby eliminating unnecessary installation costs. Applicant further submits that the waiver will not decrease the safety of the pipeline system for at least the following reasons. First, service lines subject to the waiver will not be different in material, size or construction methods from standards approved by the Commission and service lines now installed on Applicant's system; second, since the lines subject to waiver are on private property, these lines will not be at any more risk of damage from loading or excavation than the service lines now installed on Applicant's system; third, the number of service lines extending from the street to a house will be significantly reduced thereby lessening the chances of mechanical damage by excavation; fourth, the current depth required for service lines on private property has proven adequate for existing installations and will be adequate for future installations; and finally, the location of service lines subject to the waiver will be recorded by Applicant on its service line order cards. Under the Commission's certification for calendar year 1996, dated February 15, 1996, the Commission is a state authority that certifies its participation in the United States Department of Transportation ("DOT") Gas Pipeline Safety Program, within the guidelines provided in 49 United States Code 60105. In addition, in 16 Texas Admininstrative Code sec.7.70(a), the Commission has adopted the provisions of 49 C.F.R., Part 192 as the minimum safety standards for intrastate natural gas pipelines operating in Texas. The application filed at the Commission has been designated Gas Utilities Docket No. 8652. Information submitted by the Applicant is available in Docket Number 8652 for inspection and copying (at the rates stated in Commission rules) in the Office of General Counsel, Gas Services Section, Suite 12-135 at the Commission's offices in the William B. Travis Building at 1701 North Congress Avenue, Austin, Texas. The Commission anticipates processing the application in Docket Number 8652 under an abbreviated procedural schedule. The application will not be considered in a rulemaking and any waiver granted in Docket Number 8652 will apply only to the Applicant, Southern Union Gas Company. This waiver will apply to all current and future S.U.G. facilities in Texas. Interested persons may file comments, statements of protest, and motions to intervene in Docket Number 8652, by 5:00 p.m., on August 7, 1997. Pleadings and comments may be filed in person, by mail, or by FAX at: Docket Services Section, Office of General Counsel, Railroad Commission of Texas, 1701 North Congress Avenue, P.O. Box 12967, Room 12-130, Austin, Texas 78711-2967, (512) 463-6989 (FAX). Please indicate the docket number, GUD 8652, on the filing. All comments filed by the stated deadline will be considered in the Commission's final order. All comments will be available for viewing between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, at the Commission's offices at 1701 North Congress Avenue, 12th Floor, Suite 12-1195, William B. Travis Building. No hearing has been scheduled in this case, and none will be scheduled unless a person files a motion to intervene, a statement of protest or other comment opposing the application. No hearing will be scheduled in response to comments supporting or in favor of the application. For additional information, please contact Mary Ross McDonald, Deputy General Counsel, Gas Services Section, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Room 12-119F, Austin, Texas 78711-2967, (512) 463-6989 (FAX) or (512) 463-7007 (Voice). Issued in Austin, Texas, on July 16, 1997. TRD-9709292 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Filed: July 16, 1997 Office of the Secretary of State Correction of Errors The Office of the Secretary of State proposed amendments to 1 TAC sec.sec.81.15- 81.117. The rules appeared in the July 18, 1997, issue of the Texas Register, (22 TexReg 6723). On page 6723, "1 TAC sec.sec.81.15-81.117" should read "1 TAC sec.sec.81.15- 81.17". Texas Tech University Bond Counsel Request for Information Texas Tech University (TTU) and Texas Tech University Health Sciences Center (TTUHSC) request information from law firms interested in representing TTU/TTUHSC in tax-exempt bond matters. This RFI is issued for the purpose of establishing (for the time-frame beginning September 1, 1997 to August 31, 1998) a referral list from which TTU/TTUHSC, by and through its Office of General Counsel, will select appropriate counsel for representation on specific bond matters as the need arises. These needs include the usual and necessary services of a bond counsel in connection with the issuance, sale and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law. Description. Tax-exempt bonds and notes are issued by the Board of Regents of Texas Tech University (the "Board"), acting separately and independent for and on behalf of TTU and TTUHSC. Public, tax-exempt bond issuance is conducted under two major programs and is rated by three major rating agencies. Bonds are issued under authority granted in Article VII, Section 17, of the Texas Constitution (Higher Education Assistance Fund Bonds). A $50 million commercial paper program for Higher Education Assistance Fund (HEAF) bonds is planned for the 1998 fiscal year. A fixed rate bond sale is also anticipated. Under authority granted in Chapter 55, Texas Education Code and Vernon's Texas Civil Statutes, Articles 717k and 717q, and other applicable laws, TTU anticipates issuing revenue bonds for capital improvements. A $50 million tax-exempt commercial paper program is to be used for interim financing with long term fixed rate bonds sold to provide more permanent financing. TTU employs a revenue bond program which offers a combined pledge of all legally available revenues with certain exceptions (the "Revenue Financing System"). Federal tax related matters regarding bonds issued by TTU, including strategies and management practices in the conduct of an exempt bond program requires a close working relationship with bond counsel. Contact is frequent, particularly in regard to HEAF and RFS commercial paper programs due to the significant level of capital improvements anticipated over the next several years. TTU invites responses to this RFI from qualified firms for the provision of such legal services under the direction and supervision of TTU's Office of General Counsel. Responses. Responses to this RFI should include at least the following information: (1) a description of the firm's or attorneys qualifications for performing the legal services, including the firm's prior experience in bond issuance matters, the names, experience, and technical expertise of attorneys who may be assigned to work on such matters, and appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision both of the firm's legal services generally and bond matters in particular; (2) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to TTU's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (3) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to TTU or the State of Texas, or any of its boards, agencies, commissions, Universities, or elected or appointed officials); and (4) confirmation of willingness to comply with policies, directives and guidelines of TTU and the Attorney General of the State of Texas. Format and Person to Contact. Two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, either stapled or bound together. They should be sent by mail or delivered in person, marked "Responses to Request for Information" and addressed to Ms. Patricia Aldridge, Director of Contracting, Texas Tech University, 327 Drane Hall, Lubbock, Texas 79409-1101 (telephone (806) 742-3841 for questions). Deadline for Submission of Response: All responses must be received by the TTU's Office of Contracting at the address set forth above no later than 5:00 p.m., Friday, August 15, 1997. Issued in Austin, Texas, on July 18, 1997. TRD-9709345 James L. Crowson Deputy Chancellor Texas Tech University Filed: July 18, 1997 Texas Water Development Board Request for Proposals for Regional Water Supply and/or Wastewater Planning The Texas Water Development Board (Board) requests, pursuant to 31 Texas Administrative Code (TAC) sec.355.3, the submission of planning proposals leading to the possible award of contracts to evaluate and determine the most feasible alternatives to meet water supply and wastewater facility needs, estimate the costs associated with implementing feasible water supply and wastewater facility alternatives, and identify institutional arrangements to provide water supply and wastewater services for areas in Texas. In order to receive a grant, the applicant must have the authority to plan, implement, and operate regional water supply and wastewater facilities. Planning applications may be submitted by eligible political subdivisions from any area of the State. To be eligible for funding at least two political subdivisions must participate in the proposed study and more than one service area must be evaluated for feasibility of regional facilities. In addition, applicants must supply a map of the geographical planning area to be studied. Description of Planning Purpose and Objectives. Note: Studies related to the development of regional water plans and drought response plans as defined in Senate Bill 1, 75th Session, Texas Legislature are not eligible for funding under this Request for Proposals. The purpose of this program is for the State to assist local governments to prepare plans that document water supply and wastewater service facility needs, identify feasible regional alternatives to meet water supply and wastewater facility needs, and present estimates of costs associated with providing regional water supply facilities and distribution lines and regional wastewater treatment plants and collection systems. A water conservation plan and a drought management plan must be developed to ensure that existing and future sources are used efficiently and as a basis for confirming demand projections of future need. The Board's population and water demand projections will be considered in preparing projections. Discrete phases to implement regional water supply and wastewater facilities to meet projected needs will be identified. Cost estimates will be made for each respective implementation phase to determine the capital, operation, and maintenance requirements for a 30-year planning period. Separate cost estimates will be made for each regional water supply and wastewater system component, including the water conservation program. Description of Funding Consideration. Up to $600,000 has been initially authorized for FY 98 assistance for regional water supply and wastewater facility planning from the Board's research and planning fund. Up to 50 percent funding may be provided to individual applicants, with up to 75 percent funding available to areas identified in 31 TAC sec.355.10 (a) as economically disadvantaged. In the event that acceptable proposals are not submitted, the Board retains the right to not award contract funds. Deadline, Review Criteria, and Contact Person for Additional Information. Ten double-sided copies on recycled paper of a complete flood protection planning grant application including the required attachments must be filed with the Board prior to 5:00 p.m., October 2, 1997. Proposals can be directed either in person to Ms. Phyllis Lightner-Gaynor, Room 447, Texas Water Development Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas or by mail to Ms. Phyllis Lightner-Gaynor, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231. Applications will be evaluated according to 31 TAC sec.355.5. All potential applicants must contact the Board to obtain these rules and an application instruction sheet. Requests for information, the Board's rules and instruction sheet covering the research and planning fund may be directed to Ms. Phyllis Lightner-Gaynor at the preceding mailing address, or by e-mail at phyllis@TWDB.state.tx.us or by calling (512) 463-7926. This information can be found on the Internet at the following address: ttp://www.twdb.state.tx.us/www/twdb/planning/rfpwsww.html. Issued in Austin, Texas, on July 18, 1997. TRD-9709426 Craig D. Pedersen Executive Administrator Texas Water Development Board Filed: July 21, 1997 Texas Workers' Compensation Commission Standards and Procedures For the Medical Advisory Committee The Texas Workers' Compensation Commission at its June 12, 1997, public meeting replaced the Medical Advisory Committee bylaws with Standards and Procedures for the Medical Advisory Committee. The approved Standards and Procedures are as follows: LEGAL MANDATE The Medical Advisory Committee for the Texas Workers' Compensation Commission, Medical Review Division is established under the Texas Workers' Compensation Act, (the Act sec.413.005). PURPOSE AND ROLE The purpose of the Medical Advisory Committee (MAC) is to bring together representatives of 12 health care specialties and representatives of labor, business and the general public to advise the Medical Review Division in developing and administering the medical policies, fee guidelines, and the utilization guidelines established under the Act, sec.413.011. COMPOSITION Membership The committee, appointed by the Commissioners, is composed of 16 members who must be knowledgeable and qualified regarding work-related injuries and diseases. Twelve members of the committee shall represent specific health care provider groups. These members shall include a public health care facility, a private health care facility, a doctor of medicine, a doctor of osteopathic medicine, a chiropractor, a dentist, a physical therapist, a pharmacist, a podiatrist, an occupational therapist, a medical equipment supplier, and a registered nurse. Appointees must have at least six years of professional experience in the medical profession they are representing and engage in an active practice in their field. The Commission shall also appoint a representative of employers, a representative of employees, and two representatives of the general public. These appointees shall not hold a license in the health care field and may not derive their income directly or indirectly from the provision of health care services. The Commissioners may appoint one alternate representative for each primary member appointed to the MAC, each of whom shall meet the qualifications of an appointed member. Neither the health care provider, nor a business they may be associated with, may derive more than 40% of their revenues from workers' compensation patients. This fact must be certified in their application to the MAC. Terms of Appointment Members serve at the pleasure of the Commissioners. Unless otherwise directed by the Commissioners, the term of appointment for primary and alternate members will be two years. A member may serve a maximum of two terms as a primary, alternate or a combination of primary and alternate member. Terms of appointment will terminate August 31 of the second year following appointment to the position, unless the member resigns, abandons, or is removed from the position prior to the termination date. Abandonment will be deemed to occur if any primary member is absent from more than two consecutive meetings without an excuse accepted by the Medical Review Division Director. Abandonment will be deemed to occur if any alternate member is absent from more than two consecutive meetings which the alternate is required to attend because of the primary member's absence without an excuse accepted by the Medical Review Division Director. The terms will commence as follow: Primary: FY Ending 1999 Alternate: FY ending 1999 Chiropractor Osteopath Pharmacy Dentist General Public A Private Facility Occupational Therapist Primary: FY Ending 2000 Alternate: FY ending 2000 Registered Nurse Public Facility Medical Equipment Physical Therapist General Public B Medical Doctor Podiatrist Employer Employee In the case of a vacancy, the Commissioners will appoint an individual who meets the qualifications for the position to fill the vacancy. The Commissioners may re-appoint the same individual to fill either a primary or alternate position as long as the term limit is not exceeded. Due to the absence of other qualified, acceptable candidates, the Commissioners may grant an exception to its membership criteria which are not required by statute. RESPONSIBILITY OF MAC MEMBERS Primary Members Make recommendations on medical issues to the Medical Review Division. Attend the MAC meetings, subcommittee meetings, and work group meetings to which they are appointed. Ensure attendance by the alternate member at meetings when the primary member cannot attend. Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies. Alternate MAC Members Attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed during the primary member's absence. Maintain knowledge of MAC proceedings. Make recommendations on medical issues to the Medical Review Division when the primary member is absent at a MAC meeting. Provide other assistance requested by the Medical Review Division in the development of guidelines and medical policies when the primary member is absent from a MAC meeting. Committee Officers The chairman of the MAC is designated by the Commissioners. The MAC will elect a vice chairman. A member shall be nominated and elected as vice chairman when he/she receives a majority of the votes from the membership in attendance at a meeting at which nine or more primary or alternate members are present. Responsibilities of the Chairman Preside at MAC meetings and ensure the orderly and efficient consideration of matters requested by the Medical Review Division. Prior to a MAC meeting confer with the Medical Review Division Director, and when appropriate, the TWCC Executive Director to receive information and coordinate: a. Preparation of a suitable agenda. b. Planning MAC activities. c. Establishing meeting dates and calling meetings. d. Establishing subcommittees. e. Recommending MAC members to serve on subcommittees. If requested by the Commission, appear before the Commissioners to report on MAC meetings. COMMITTEE SUPPORT STAFF The Director of Medical Review will provide coordination and reasonable support for all MAC activities. In addition, the Director will serve as a liaison between the MAC and the Medical Review Division staff of TWCC, and other Commission staff if necessary. The Medical Review Director will coordinate the following activities for the MAC and its subcommittees and work groups: Preparing agenda and support materials for each meeting. Preparing and distributing information and materials for MAC use. Maintaining MAC records. Preparing minutes of meetings. Arranging meetings and meeting sites. Maintaining tracking reports of actions taken and issues raised by the MAC. Maintaining attendance records. SUBCOMMITTEES The chairman shall appoint the members of a subcommittee from the membership of the MAC unless the Commissioners or Director of Medical Review do so. If other expertise is needed to support subcommittees, the Commissioners or the Director of Medical Review may appoint appropriate individuals. WORK GROUPS When deemed necessary by the Director of Medical Review or the Commissioners, work groups will be formed by the Director. At least one member of the work group must also be a member of the MAC. WORK PRODUCT No member of the MAC, a subcommittee, or a work group may claim or is entitled to an intellectual property right in work performed by the MAC, a subcommittee, or a work group. MEETINGS Frequency of Meetings Regular meetings of the MAC shall be held at least quarterly each fiscal year during regular Commission working hours. CONDUCT AS A MAC MEMBER Special trust has been placed in members of the Medical Advisory Committee. Members act and serve on behalf of the disciplines and segments of the community they represent and provide valuable advice to the Medical Review Division and the Commission. Members, including alternate members, shall observe the following conduct code and will be required to sign a statement attesting to that intent. Comportment Requirements for MAC Members: Learn their duties and perform them in a responsible manner; Conduct themselves at all times in a manner that promotes cooperation and effective discussion of issues among MAC members; Accurately represent their affiliations and notify the MAC chairman and Medical Review Director of changes in their affiliations; Not use their memberships on the MAC - in advertising to promote themselves or their business, - to gain financial advantage either for themselves or for those they represent; however, members may list MAC membership in their resumes; Provide accurate information to the Medical Review Division and the Commission; Consider the goals and standards of the workers' compensation system as a whole in advising the Commission; Explain, in concise and understandable terms, their positions and/or recommendations together with any supporting facts and the sources of those facts; Strive to attend all meetings and provide as much advance notice to the Texas Workers' Compensation Commission staff, attn: Medical Review Director, as soon as possible if they will not be able to attend a meeting; and Conduct themselves in accordance with the MAC Standards and Procedures, the standards of conduct required by their profession, and the guidance provided by the Commissioners, Medical Review Division, or other TWCC staff. The Commission will consider taking action to cancel all current appointments to the Commission's Medical Advisory Committee at a subsequent public meeting, the next one of which is tentatively scheduled for July 10, 1997. The Commission will consider taking action to appoint members to the MAC in accordance with the MAC Standards and Procedures. Invitation to Applicants for Appointment to the Medical Advisory Committee The Texas Workers' Compensation Commission (TWCC) invites all qualified individuals, and representative of public health care facilities and other entities and all current primary and alternate MAC members to apply to fill any of the following positions on the Medical Advisory Committee (MAC) in accordance with the eligibility requirements of the new Standards and Procedures for the Medical Advisory Committee. The purpose and tasks of the MAC are outlined in the Texas Labor Code, sec.413.005, which includes advising the Medical Review Division of TWCC on the development and administration of medical policies and guidelines. The MAC meets, on the average, once every six weeks. MAC members are not reimbursed for travel, per diem, or other expenses associated with the MAC activities and meetings. The members of the MAC are appointed by the six commissioners of TWCC and include health care providers, representatives of employees and employers and members of the general public. Each member must be knowledgeable and qualified regarding work-related injuries and diseases. The complete membership of the MAC includes 16 primary members and 16 alternate members. During the primary member's absence, the alternate member will attend the MAC meetings, subcommittee meetings, and work group meetings to which the primary member is appointed. The alternate may attend all meetings. Alternate members shall fulfill the same responsibilities as primary members, as set out in the Standards and Procedures for the Medical Advisory Committee as adopted by the Commission. The Commission solicits applications for the following positions on the TWCC Medical Advisory Committee: PRIMARY 1. Primary member - Public Health Care Facility 2. Primary member - Private Health Care Facility 3. Primary member - Doctor of Medicine 4. Primary member - Doctor of Osteopathic Medicine 5. Primary member - Chiropractor 6. Primary member - Dentist 7. Primary member - Physical Therapist 8. Primary member - Pharmacist 9. Primary member - Podiatrist 10. Primary member - Occupational Therapist 11. Primary member - Medical Equipment Supplier 12. Primary member - Registered Nurse 13. Primary member - Representative of Employers 14. Primary member - Representative of Employees 15. Primary member - General Public 16. Primary member - General Public ALTERNATE 17. Alternate member - Public Health Care Facility 18. Alternate member - Private Health Care Facility 19. Alternate member - Doctor of Medicine 20. Alternate member - Doctor of Osteopathic Medicine 21. Alternate member - Chiropractor 22. Alternate member - Dentist 23. Alternate member - Physical Therapist 24. Alternate member - Pharmacist 25. Alternate member - Podiatrist 26. Alternate member - Occupational Therapist 27. Alternate member - Medical Equipment Supplier 28. Alternate member - Registered Nurse 29. Alternate member - Representative of Employers 30. Alternate member - Representative of Employees 31. Alternate member - General Public 32. Alternate member - General Public Any person or entity interested in serving on the MAC may contact Juanita Salinas in the Commission's Medical Review Division at (512) 707-5888 to obtain an application packet. The deadline for applications has been extended to August 1, 1997. Applications must be received by 5 p.m. by the TWCC Medical Review Division on August 1, 1997. Issued in Austin, Texas, on July 17, 1997. TRD-9709335 Elaine Crease Program Assistant, General Counsel's Office Texas Workers' Compensation Commission Filed: July 17, 1997