IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department of Agriculture Notice of Hearings In accordance with the Texas Agriculture Code, sec.;76.004 and 76.005, the Texas Department of Agriculture (the department) hereby provides notice of hearings to take public comment on the proposed repeals of the department's current Pesticide Regulations (Texas Administrative Code, Title 4, Chapter 7, sec.;7.1- 7.31) and Herbicide Regulations (Chapter 11, sec.;11.1- 11.11) and the department's proposed new sec.;7.1-7.3, 7.10-7.14, 7.20-7.26, 7.30-7.40, 7.50- 7.53, 7.60-7.62 and 7.70-7.71. The proposed repeals and new sections were published in the September 5, 1997, edition of the Texas Register (22 TexReg 8781 and 22 TexReg 8806), and are proposed to update and clarify the department's Pesticide Regulations and to make the regulations consistent with legislative changes made to the Texas Agriculture Code, Chapter 76, by House Bill 1144, 75th Legislature, 1997. Hearings will be held as follows: (1) Monday, September 29, 1997, beginning at 10:00 a.m., at the Texas Department of Agriculture, 8918 Tesoro Drive, Suite 120, San Antonio, Texas. For more information contact Jock Davis, (210) 820-0288. (2) Tuesday, September 30, 1997, beginning at 10:00 a.m., at the Texas Department of Agriculture, 900-B East Expressway 83, Two Blocks West of Morningside Road, San Juan, Texas. For more information contact Jimmy Day, (210) 787-8866. (3) Tuesday, September 30, 1997, beginning at 10:00 a.m., at the Texas Department of Agriculture, 2626 South Loop West, Suite 130, Houston, Texas. For more information contact Lacy Fryer, (713) 666-8491. (4) Tuesday, September 30, 1997, beginning at 1:30 p.m., at the Texas Department of Agriculture, 1720 Regal Row, Suite 118, Dallas, Texas. For more information contact E. W. Wesley, (214) 631-0265. (5) Tuesday, September 30, 1997, beginning at 1:30 p.m., at Texas Department of Agriculture, 4502 Englewood Avenue, Lubbock, Texas. For more information contact Ronald Bertrand, (806) 799- 8555. (6) Tuesday, September 30, 1997, beginning at 10:00 a.m., at the Texas Department of Agriculture, 1700 North Congress Avenue, Room #911, Austin, Texas. For more information contact Donnie Dippel, (512) 463-1093. To obtain copies of the proposals, please contact Donnie Dippel, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, (512) 463-1093. Persons with special seating or communication or other special needs, who are planning to attend, are requested to contact (512) 463-1093 or RELAY Texas at 1 (800) 735-2989 (TDD) or 1 (800) 735-2988 (voice) as far in advance of the hearing as possible in order for the department to accommodate these needs. Issued in Austin, Texas, on September 15, 1997. TRD-9712281 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Filed: September 15, 1997 Ark-Tex Council of Governments Request for Proposal for Provision of a Regional Law Enforcement Training Program The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of regional law enforcement training through a grant provided by the Texas Governor's Office, Criminal Justice Division. The types of training to be provided include: Basic Law Enforcement Officer, Basic Jailer Certification, Basic Tele-Communicators, Reserve Officer, and Advanced Law Enforcement training. The period of performance is May 1, 1998 - April 30, 1999. The service delivery area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, Titus. Potential respondents may obtain a copy of the request for proposal, scoring guidelines, and project scoring criteria by contacting Janell Browning, Program Director, Community Services, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is October 13, 1997, at 5:00 p.m. The Ark-Tex Council of Governments Regional Criminal Justice Advisory Committee will score multiple proposals received. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored. Issued in Austin, Texas, on September 8, 1997. TRD-9711870 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: September 19, 1997 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following project(s) during the period of August 28, 1997, through September 11, 1997: FEDERAL AGENCY ACTIONS: Applicant: Tofigh S. Shirazi; Location: East Beach, on the east end of Galveston Island, Galveston County, Texas; Project Number: 97-0296-F1; Description of Proposed Action: The applicant proposes to construct a 73-acre, master planned residential/commercial subdivision. Development would include the placement of fill material over portions of the site, and the construction of business structures and high-income homes, with associated paved roads and utility lines. Approximately 2.22 acres of seasonally inundated to permanently inundated wetlands will be filled as a result of the project. To compensate for these wetland impacts, the applicant proposes to excavate a 2.22 acre area of uplands adjacent to existing wetlands with a goal of achieving a water depth of 6 inches; Type of Application: U.S.C.O.E. permit application #21036 under sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Texas Parks and Wildlife Department; Location: State Highway 36, within the Peach Point Wildlife Management Area, approximately 5 miles west of Freeport, Brazoria County, Texas; Project Number: 97-0298-F1; Description of Proposed Action: The applicant proposes to amend its permit to add a wetland enhancement project that would involve the creation of an impoundment by constructing approximately 9,200 feet of levee. The levee would include the discharge of approximately 23,800 cubic yards of fill material into about 6.6 acres of wetlands. The amendment would also add the construction of a berm along the west side of the planned 6,000-foot Big Ridge Diversion Ditch, involving the discharge of approximately 3,500 cubic yards of fill material into about 1.9 acres of wetlands; Type of Application: U.S.C.O.E. permit application #20833(01) under 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 September 11, 1997. TRD-9712126 Garry Mauro Chairman Coastal Coordination Council Filed: September 11, 1997 Comptroller of Public Accounts Local Sales Tax Rate Changes Effective October 1, 1997 [graphic] [graphic] [graphic] [graphic] Issued in Austin, Texas, on September 10, 1997. TRD-9711988 Martin Cherry Chief, General Law Comptroller of Public Accounts Filed: September 10, 1997 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on September 9, 1997. TRD-9712033 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 10, 1997 The Consumer Credit Commissioner of Texas has ascertained the market competitive rate ceiling by use of the formulas and methods described in Title 79, Revised Civil Statutes of Texas, Articles 5069-6.03(6)(a) and 5069-6.03(6)(e), as amended (Articles 5069-6.03(6)(a) and 5069-6.03(6)(e)) and Texas Finance Code, Chapter 345, Subchapter D. The market competitive rate ceiling for the period October 1, 1997, through September 30, 1998, is 21%. Issued in Austin, Texas, on September 9, 1997. TRD-9712012 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 10, 1997 Deep East Texas Council of Governments Request for Proposal The Deep East Texas Council of Governments, by authority of the Deep East Texas Local Workforce Development Board, is accepting proposals to operate training programs under Section 123 of the Job Training Partnership Act (JTPA). The period of performance is December 1, 1997 through June 30, 1998. The purposes of Section 123 are: (1) recover youth who are school dropouts and raise the skill levels of out-of-school youth; and (2) raise the foundation and workplace skill levels of eligible adults with significant barriers to employment, including welfare recipients, to meet the initial core skill requirements of employers. Expenditure of section 123 funds will be limited to basic education remediation, computer-assisted instruction, English-as-a-Second Language, and literacy. Section 123 services are available to persons age 14 and older who meet the Job Training Partnership Act eligibility requirements for Section 123. Training must be provided by Texas Education Agency/Texas Higher Education Coordinating Board approved institutions operating within the 12 county Deep East Texas region. The region includes the following counties in Texas: Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler. Proposals will be evaluated in terms of the following criteria: service and method of implementation; past performance; project management; local match; cost of service and training staff/individuals served; and other resources. The Deep East Texas Local Workforce Development Board will make the final selections. In order to ensure that all respondents are provided sufficient assistance in completing proposals, a Bidders Conference will be held on Thursday, September 25, 1997, at 10:00 a.m. in Room 202 of City Hall, 300 East Shepherd, Lufkin, Texas. Attendance at the Bidders Conference is not required, but is strongly encouraged as technical assistance will be limited to that given at the Bidders Conference. All proposals must be prepared according to the instructions in the Request for Proposal which can be obtained by contacting: Charlene Meadows, Deep East Texas Council of Governments, P.O. Box 1423, Lufkin, Texas 75902; or 118 South First Street, Lufkin, Texas 75901; or call (409) 634-2247. The deadline for proposal submission is 5:00 p.m., Friday, October 10, 1997. Issued in Austin, Texas, on September 11, 1997. TRD-9712113 Walter G. Diggles Executive Director Deep East Texas Council of Governments Filed: September 11, 1997 Employees Retirement System of Texas Consultant Contract Award This award for consulting services is being filed pursuant to the provisions of the Government Code, sec.2254.024, subsection (a)(6). The consultant will provide benefit communication services on programs administered by the Employees Retirement System of Texas. The consultant is N. J. Robnett, Jr., 4611 Pinehurst Drive South, Austin, Texas 78747. The total cost for the contract is $40,800, and the term of the contract is September 1, 1997 through August 31, 1998. Issued in Austin, Texas, on September 9, 1997. TRD-9711958 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: September 9, 1997 General Services Commission Electronic Commerce Mandatory Request for Information #97-1A The State of Texas requests information regarding the current state of technology and industry capabilities which might support a feasibility study for implementing an electronic commerce environment in the state procurement process. This information will be used to develop specifications for solicitation to acquire such a feasibility study. The State has formed an Electronic Commerce Task Force, with responsibility for exploring, with the input of stakeholders, the innovative use of technology to implement an efficient procurement infrastructure for state government as part of a statewide strategy for electronic commerce. To fulfill the responsibilities that has been assigned, GSC intends to enter into a contract with a vendor to conduct a feasibility study that will be an integral part of our report to the legislature. The purpose of this RFI is to give the state adequate information for the development of the solicitation for a feasibility study. Response to this RFI is mandated if you have any interest in the subsequent solicitation for conducting a feasibility study for electronic commerce in the State of Texas. To be considered responsive to this request, the information requested must be received by September 30, 1997, at 3:00 p.m. CST. A copy of the RFI is available on the internet at www.gsc.state.tx.us/elec_comm/ectf.html. All contact information can be found at the web site. Any questions necessary to clarify this RFI must be submitted by electronic mail to the following e-mail address: ec.rfi@gsc.state.tx.us., or you can contact (512) 463-8889. Issued in Austin, Texas, on September 16, 1997. TRD-9712323 Judy Ponder General Counsel General Services Commission Filed: September 16, 1997 Texas Department of Health Notice of Cancellation for the Request for Proposal for Evaluation of LoneStar Selective Contracting Programs The Texas Department of Health (department), Health Care Financing Associateship, has cancelled the Request for Proposal for Evaluation of LoneSTAR Selective Contracting Programs for the independent assessment of the LoneSTAR Select I Contracting Program, an independent assessment of the LoneSTAR Select II Contracting Program, and with the capacity to assist the department with the development of specific strategies relating to reimbursement policies affected by the continued implementation of Medicaid Managed Care in Texas. The notice of the request for proposal was published in the September 12, 1997, issue of the Texas Register (22 TexReg 9327). Issued in Austin, Texas, on September 12, 1997. TRD-9712246 Susan K. Steeg General Counsel Texas Department of Health Filed: September 12, 1997 Texas Department of Housing and Community Affairs Notice of Administrative Hearing (MHD1997002334D, MHD1997002180D, MHD1997002800D, MHD1997001596M) Manufactured Housing Division Wednesday, October 1, 1997, 1:00 p.m. State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. William P. Garrett dba Bills Mobile Home Transport to hear alleged violations of the Act, sec.sec.4(f), 7(k)(6) and 11(a) and Rules sec.sec.80.28(a), 80.131(b) and 80.132(6) by not properly submitting monthly Installation Summary Reports showing the number of homes installed; not properly submitting the entire installation fee for a manufactured home; not properly installing a manufactured home; and not responding with corrective action on a home not properly installed. SOAH 332-97-1522. Department MHD1996001799M, MHD1997001902D and MHD1997002172D. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on September 12, 1997. TRD-9712196 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: September 12, 1997 Notice of Administrative Hearing (MHD1996001799M, MHD1997001902D, MHD1997002172D) Manufactured Housing Division Wednesday, September 24, 1997, 1:00 p.m. State Office of Administrative Hearing, Stephen F. Austin Building, 1700 North Congress, 11th Floor, Suite 1100 Austin, Texas AGENDA Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Joshua Jackson dba Jackson Transporting Service to hear alleged violations of the Act, sec.sec.3(10), 4(f), and 7(k)(6) and Rules sec.sec.80.28(a), 80.51, 80.121(a)(b)(c), 80.131(b) and 80.132(6) by not properly submitting monthly Installation Summary Reports showing the number of homes installed; not properly installing two manufactured homes; and not responding with corrective action on two homes not properly installed. SOAH 332- 97-1521. Department MHD1997002334D, MHD1997002180D, MHD1997002800D and MHD1997001596M. Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475- 3589. Issued in Austin, Texas, on September 12, 1997. TRD-9712195 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Filed: September 12, 1997 Texas Department of Human Services Public Notice - Announcement of Availability of Funds of Intent to Contract for Provision of Non-residential Services to Victims of Family Violence The Texas Department of Human Services (TDHS) Family Violence Unit gives notice of intent to contract for the provision of non-residential services to victims of family violence in Texas, pursuant to the Family Violence Prevention and Services Program, U.S. Department of Health and Human Services Program. Funds will be awarded on a non-competitive basis to applicants who meet the eligibility qualifications outlined in the announcement specifications. A maximum of $70,000 will be awarded per individual grant award. The amount of the award shall not exceed 75% of the applicant's total budget for non-residential family violence services. Applicant agencies must be private, non-profit 501(c)(3) organizations whose primary mission is to provide non-residential services to the victims of domestic violence and their dependents or who have met the eligibility requirements under this announcement for providing non-residential family violence services for two years prior to the closing date of this announcement. Minority and women's organizations who qualify are encouraged to apply. Family violence shelter programs are not eligible for funding under this announcement. Additional eligibility qualifications are outlined in the announcement specifications. To obtain detailed specifications and background information regarding this announcement, contact Dorothy W. Gipson, Family Violence Unit, Texas Department of Human Services, PO Box 149030, Austin, Texas 78714-9030, Mail Code W-230, (512) 438-4221. Requests may be made via fax at (512) 438-5538. Application Deadline: Proposals must be received no later than 4:00 p.m. Central Standard Time, October 27, 1997. Issued in Austin, Texas, on September 11, 1997. TRD-9712171 Glen Scott Agency Liaison Texas Department of Human Services Filed: September 12, 1997 Public Notice - Announcement of Availability of Funds to Provide Non-residential Services to Victims of Family Violence The Texas Department of Human Services (TDHS) Family Violence Unit announces the availability of funds not to exceed $1,800,000 to provide non-residential services to victims of family violence in Texas, pursuant to the Family Violence Prevention and Services Program, U.S. Department of Health and Human Services Program. Funds will be awarded on a competitive basis to private, non-profit 501(c)(3) organizations who best demonstrate the ability to effectively deliver services to the victims of family violence, as outlined in the announcement specifications. Each proposal will be reviewed and rated on a scale of 100 points. At a minimum one eligible proposal will be selected from each of the 11 TDHS regions; however, awards will be made only to those proposals receiving a score of 70 points or above. A maximum of $75,000 will be awarded per individual contract award. Administrative costs may not exceed 8% of contract award. Seventy-five percent of contract awards will be to organizations whose primary service is to victims of family violence, or who have provided comprehensive services to family violence victims for a minimum of two years. The remaining twenty-five percent will be to organizations whose primary service is not necessarily for victims of family violence but who have an identifiable family violence victim program which has been in operation for a minimum of two years. Minority and women's organizations who qualify are encouraged to apply. Additional eligibility qualifications are outlined in the announcement specifications. To obtain detailed specifications and background information regarding this announcement, contact Dorothy W. Gipson, Family Violence Unit, Texas Department of Human Services, PO Box 149030, Mail Code W-230, Austin, Texas 78714-9030, (512) 438-4221. Requests may be made via fax at (512) 438- 5538. Application Deadline: Proposals must be received no later than 4:00 p.m. Central Standard Time, October 27, 1997. Issued in Austin, Texas, on September 11, 1997. TRD-9712170 Glen Scott Agency Liaison Texas Department of Human Services Filed: September 12, 1997 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for a name change in Texas for Occidental Life Insurance Company of North Carolina, Raleigh, North Carolina, a foreign life, accident and health company. The proposed new name is Occidental Life Insurance Company of Texas. The home office is in Raleigh, North Carolina. Application for a name change in Texas for CareAmerica Compensation & Liability Insurance Company, Burlingame, California, a foreign fire and casualty insurance company. The proposed new name is HIH America Compensation & Liability Insurance Company. The home office is in Burlingame, California. 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 September 12, 1997. TRD-9712247 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 12, 1997 Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers Notice is given to the public of the application of the listed small employer carriers to be risk-assuming carriers under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk- assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carriers have applied to be risk-assuming carriers: AmeriHealth Insurance Company AmeriHealth HMO of Texas, Inc. The applications are subject to public inspection at the offices of the Texas Department of Insurance, Financial Monitoring Unit, 333 Guadalupe, Hobby Tower 3, 3rd Floor, Austin, Texas. If you wish to comment on this application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Caroline Scott, Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. An additional copy of the comments must be submitted to Mike Boerner, Managing Actuary, Actuarial Division of the Financial Program, Mail Code 304-3A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier. Issued in Austin, Texas, on September 9, 1997. TRD-9711950 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: Texas Department of Insurance Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2304, on October 7, 1997, at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe St. Room 100, in Austin, Texas, concerning small employer health benefit plans. The proposed amendments and new sections and the statutory authority for the proposed sections, were published in the August 19, 1997, issue of the Texas Register (22 TexReg 8002). Issued in Austin, Texas, on September 12, 1997. TRD-9712271 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: September 12, 1997 Texas Department of Licensing and Regulation Vacancy on Architectural Barriers Advisory Committee The Texas Commission of Licensing and Regulation announces a vacancy on the Architectural Barriers Advisory Committee established by Texas Civil Statutes, Article 9102, Architectural Barriers. The pertinent rules may be found in 16 TAC sec.68.65. The Committee is composed of eight members, appointed by the Texas Commission of Licensing and Regulation. Four of the members are building professionals and four are consumer members with disabilities. There is presently a vacancy for one consumer member with a disability. To be eligible for consideration for the consumer member position, applicants must be persons with disabilities and be familiar with architectural barrier problems and solutions. Interested persons should request an application from the Department of Licensing and Regulation by calling (512) 463-7348 or (512) 463-7357 or FAX (512) 475-2872. Applications must be returned to the Department of Licensing and Regulation not later than October 10, 1997. Applicants may be asked to appear for an interview with members of the Texas Commission of Licensing and Regulation, however any required travel for an interview would be at the applicant's expense. Issued in Austin, Texas, on September 9, 1997. TRD-9711903 Tommy V. Smith Executive Director Texas Department of Licensing and Regulation Filed: September 9, 1997 Vacancy on Property Tax Consultants Advisory Council The Texas Commission of Licensing and Regulation announces a vacancy on the Property Tax Consultants Advisory Council established by Texas Civil Statutes, Article 8886, Registration of Property Tax Consultants. The pertinent rules may be found in 16 TAC sec.66.65. The Council is composed of six members, appointed by the Texas Commission of Licensing and Regulation. Three of the members are registered property tax consultants and three are consumers. There is presently a vacancy for one registered property tax consultant. To be eligible for consideration for the registered property tax consultant membership, applicants must: (1) be a registered senior property tax consultant; (2) be a member of a nonprofit, voluntary trade association that: (A) has a membership primarily composed of individuals who perform property tax consulting services in this state or who engage in property tax management in this state for other persons; (B) has written requirements of experience and examination as a prerequisite for an individual's membership; and (C) subscribes to a code of professional conduct or ethics; (3) be a resident of this state for the five years preceding the date of the appointment; and (4) have performed or supervised the performance of property tax consulting services as the individual's primary occupation continuously for the five years preceding the date of the appointment. Interested persons should request an application from the Department of Licensing and Regulation by calling (512) 463-7348 or (512) 463-7357 or FAX (512) 475-2872. Applications must be returned to the Department of Licensing and Regulation not later than October 10, 1997. Applicants may be asked to appear for an interview with members of the Texas Commission of Licensing and Regulation, however any required travel for an interview would be at the applicant's expense. Issued in Austin, Texas, on September 9, 1997. TRD-9711904 Tommy V. Smith Executive Director Texas Department of Licensing and Regulation Filed: September 9, 1997 Texas Department of Mental Health and Mental Retardation Notice of Request for Proposal/Consulting Contract The Texas Department of Mental Health and Mental Retardation (TDMHMR) requests, pursuant to the provisions of the Texas Government Code, Chapter 225Y, Subchapter B, the submission of proposals leading to the award of a $308,200 contract for a private consultant organization that specializes in quality improvement of services and supports for persons with mental retardation. The organization must possess qualifications and references indicating a full understanding of the operations of comprehensive mental retardation community service systems and methods effective in enhancing outcomes. TDMHMR's objectives for this project are to continue developing and implementing the current quality assurance and improvement system for improving the quality of services and supports as quality is defined by persons with mental retardation and their families; assure that resources are used to achieve outcomes of value to persons receiving services and supports; and improve the efficiency and effectiveness of state and local authority oversight of an increasingly decentralized system. The awarded organization will be responsible for: - assisting the department to enhance the quality assurance and improvement system that has been implemented to evaluate services for persons with mental retardation; - continuing (i.e., performing) the external validation processes that have been established; - training peer reviewers; - accessing national data regarding outcomes and systems for analysis of such data; - achieving reliability among staff in the measurement of outcomes for people and outcomes for organizations; and - providing training and technical assistance using outcome measures to conduct self-assessments and plans of improvement consistent with continuous quality improvement principles and technology. TDMHMR reserves the right to accept or reject any or all proposals submitted. The organization awarded a contract, if any, will be the organization whose proposal conforming to this request if deemed to be the most advantageous by TDMHMR. Other factors in awarding a contract will include, but not limited to, demonstrated competence, knowledge, qualification, experience, and reasonableness in the cost. Proposals must remain valid for acceptance and may not be withdrawn for a period of 180 days after the proposal closing date. The consulting services sought by TDMHMR in this Request for Proposals (RFP) relate to services previously provided by The Council on Quality and Leadership In Supports for People with Disabilities. TDMHMR intends to award the consulting contract to The Council on Quality and Leadership In Supports for People with Disabilities unless a better offer is received. An original and two copies of the full proposal must be submitted to TDMHMR no later than 5:00 p.m., Monday, October 20, 1997. Proposals received thereafter will not be considered and will be returned unopened. Proposals must be sent to David Rollins, Long Term Services and Supports, TDMHMR, 909 West 45th Street, Room 287, Austin, Texas 78751 For further information or to obtain a complete proposal package, please contact Mr. Rollins at the address previously mentioned or call (512) 206-4626. Issued in Austin, Texas, on September 12, 1997. TRD-9712188 Ann K. Utley Chair, Texas MHMR Board Texas Department of Mental Health and Mental Retardation Filed: September 12, 1997 Texas Natural Resource Conservation Commission Extension of Comment Period (Chapters 116/126) In the August 22, 1997, issue of the Texas Register (22 TexReg 8331), the Texas Natural Resource Conservation Commission (TNRCC or commission) published proposed revisions to Chapters 116 and 126 and the State Implementation Plan (SIP). The preambles to the proposed revisions stated that a public hearing regarding the proposal would be held September 11, 1997, and that the commission must receive all written comments by 5:00 p.m., September 22, 1997. The commission has extended the deadline for receipt of written comments to 5:00 p.m., September 29, 1997. Written comments may be mailed to Lisa Martin, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 97130- 116-AI. For further information, please contact Shanon DiSorbo, Operating Permits Division, Office of Air Quality, (512) 239-1149. Issued in Austin, Texas, on September 7, 1997. TRD-9712191 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 12, 1997 Notice of Application to Appropriate Public Waters of the State of Texas The following notices of application for permits to appropriate Public Waters of the State of Texas were issued during the period August 27, 1997 through August 28, 1997. Trinity Materials Inc.; Decatur Plant #205, Route 5, Box 300D, Decatur, Texas 76234; Application Number 5597 for a permit to divert and use not to exceed 25 acre-feet per year from Big Sandy Creek, tributary of the West Fork Trinity River, Trinity River Basin. Diverted water will be used for a sand and gravel mining operation in Wise County approximately six miles west of Decatur, Texas. The applicant has entered into an upstream contract with the Tarrant County Water Control and Improvement District for the 25 acre-feet of water. The contract will expire five years from the effective date of the contract and will not be renewed. LPC GOLF #1, 1320 South University Drive, Suite 820, Fort Worth, Texas 76107; Application Number 5599 for a permit for authorization to construct two dams and reservoirs for recreational use on Big Bear Creek, tributary of Bear Creek, tributary of the West Fork Trinity River, tributary of the Trinity River, Trinity River Basin, and impound therein not to exceed 58.0 acre-feet in the upstream lake (reservoir #1) and 48.3 acre-feet in the downstream lake (reservoir #2). Applicant is further applying for permission to divert not to exceed 180 acre-feet of water per year, at a combined maximum rate of 5,000 gallons per minute (11.14 cubic feet per second) from the perimeter of the referenced impoundments to irrigate a maximum of 100 acres of land in Tarrant County approximately 13.6 miles northeast of Fort Worth, Texas. The applicant has indicated they will use groundwater to maintain the levels of the reservoirs and for irrigation use. VERSTRAETEN BROTHERS FARMS INC, 7844 - #1 Pearsall Road, San Antonio, Texas 78252; Application Number 5598 for a permit for authorization to construct a dam and 300 acre-foot reservoir, with a surface area of 15 acres, on Long Hollow Creek, tributary of the Medina River, tributary of the San Antonio River, San Antonio River Basin. The applicant further requests authorization to divert and use for irrigation purposes not to exceed 300 acre-feet of water per year from rainfall runoff into the reservoir, and not to exceed 320 acre-feet per year of tailwater entering the reservoir from groundwater irrigation, for a total of 620 acre-feet per year. The 320 acres of land to be irrigated is located in Bexar County approximately 13 miles southwest of the Bexar County Courthouse in San Antonio, and approximately two miles southeast of Macdona, Texas. Water will be diverted from the perimeter of the reservoir at a maximum rate of 1,500 gallons per minute (3.34 cubic feet per second). CAPITOL AGGREGATES LTD, P.O. Box 6230, Austin, Texas 78762; Application Number 4025D to amend Permit Number 3732, as amended. Permit Number 3732 (Application Number. 4025) was issued on May 13, 1980 to Sage Company - A Limited Partnership by and between CCN Enterprises, Inc. and Hixon Development Company, and authorized the permittee to impound in an off-channel reservoir not to exceed 31 acre-feet of water to be supplied from natural seepage from the underflow of the Medina River, San Antonio River Basin. The permittee was further authorized to divert from the off-channel reservoir not to exceed 431 acre-feet of water per annum, of which five acre-feet may be consumptively used for mining purposes (sand and gravel washing). The permit has been amended three times and currently authorizes the owner to divert and use not to exceed 1,200 acre-feet of water per annum for mining use, of which 15 acre-feet per annum may be consumed, from two off-channel reservoirs which capture the underflow of the Medina River. Water may be diverted at a maximum diversion rate of 3,000 gpm. The applicant seeks to amend the referenced permit, as amended, in the following manner: 1. Increase the amount of water authorized for mining use from 1,200 acre-feet per annum (of which 15 acre-feet per annum are consumptive) to 4,504 acre-feet per annum (of which 600 may be consumptively used). 2. Increase the authorized diversion rate from 6.68 cfs (3,000 gpm) to a maximum diversion rate of 17.47 cfs (7,840 gpm). BILLY T. MITCHELL, Route 5, Box 360, San Antonio, Texas 78264; Application Number 5596 for a permit to divert and use not to exceed 770.0 acre-feet of water per year from the Medina River, tributary of the San Antonio River, San Antonio River Basin. Water will be diverted at a maximum rate of 2,250 gallons per minute (5.01) cubic feet per second) to irrigate 350 acres of land in Bexar County approximately 20 miles southwest of the Bexar County Courthouse in San Antonio and approximately 6.0 miles northwest of Somerset, Texas. The Executive Director may approve these applications unless a written hearing request is filed in the Chief Clerk's Office of the TNRCC within 30 days after newspaper publication of the notice of application. 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 application 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; and (5) the location of your property relative to the applicant's operations. E. G. GOFF, KENNETH GOFF and JAN GOFF, HCR 1, Box 88, Louise, Texas 77455; Application Number 5595 for a permit to divert and use not to exceed 2,347 acre- feet of water per annum from Goldenrod Creek, tributary of Sandy Creek, tributary of the Navidad River, tributary of the Lavaca River, Lavaca River Basin. Diverted water will be used to irrigate 769 acres of land in Wharton County, approximately 17 miles northwest of El Campo, Texas. Water will be diverted from Goldenrod Creek at a maximum rate of 16.43 cfs (7366 gallons per minute). Mr. E. G. Goff and his wife, Maggie Goff, deceased, were owners of Water Use Permit Number 4300A which authorized diversion and use of State water at the same point and on approximately the same land included in this application. The permit expired on December 31, 1995. The applicants have estimated approximately 420 acre-feet of diverted water per year will not be consumed and will be returned to two points on unnamed tributaries of Sandy Creek. If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing is held, it will be a legal proceeding similar to civil trials in state district court. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing must be submitted in writing to the Chief Clerk's Office, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. 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 September 12, 1997. TRD-9712210 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 12, 1997 Notice of Applications for Waste Disposal/discharge Permits Attached are Notices of Applications for waste disposal/discharge permits issued during the period of August 8th through September 12, 1997. 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. ANAHUAC & TRINITY BAY CONSERVATION DISTRICT CITY OF, P.O. Box 578, Anahuac, Texas 77514-0578; the Anahuac Wastewater Treatment Facilities; the facilities are located on the west bank of Anahuac Ditch, approximately 2,200 feet southeast of the intersection of Farm-to-Market Road 563 and Poskey Road SE in the City of Anahuac in Chambers County, Texas; renewal; Permit Number 10396-001. DECATUR CITY OF, P.O. Box 281, Decatur, Texas 76234; the Decatur Wastewater Treatment Plant is located approximately 1,300 feet east of Farm-to-Market Road 51, approximately one mile south of the intersection of Farm-to-Market Road 51 and U.S. Highway 81 in Wise County, Texas; amendment; Permit Number 10009-001. ECTOR CITY OF, P.O. Box 188, Ector, Texas 75439; the wastewater treatment plant is located approximately 4,700 feet north of U.S. Highway 82 and 800 feet west of Farm-to-Market Road 898 in Fannin County, Texas; amendment; Permit Number 10552-001. COLOVISTA ESTATES, INC., P.O. Box 608, Bastrop, Texas 78602; the wastewater treatment facilities and disposal site will be located approximately 1.4 miles north of the confluence of the Colorado River and Cedar Creek, and approximately two miles northeast of the intersection of State Highway 304 and Farm-to-Market Road 2571 in Bastrop County, Texas; new permit; Permit Number 13894-001. INDUSTRIAL UTILITIES SERVICE, INC., P.O. Box 1093, Channelview, Texas 77530; the Industrial Utilities Service Wastewater Treatment Facilities are located on the south side of Carpenters Bayou, approximately 3/4 mile southeast of Carpenters Bayou's crossing of Interstate Highway 10 in Harris County, Texas; renewal; Permit Number 12122-001. RONALD W. STUMPF, P.O. Box 292037, Lewisville, Texas 75029-2037; the Pleasant Oaks Mobile Home Park Wastewater Treatment Facilities are located 0.75 mile south of the intersection of Farm-to-Market Road 917 and 1902, and approximately two miles east-southeast of the City of Joshua in Johnson County, Texas; new permit; Permit Number 13862-001. TRINITY RIVER AUTHORITY OF TEXAS, P.O. Box 1554, Huntsville, Texas 77342-1554; the Wolf Park Wastewater Treatment Plant is located approximately 0.3 mile northeast of Farm-to-Market Road 224 at a point approximately 2.7 miles southeast of the intersection of State Highway 156 and Farm-to-Market Road 224 in San Jacinto County, Texas; renewal; Permit Number 11310-001. WINDY HILL UTILITIES, INC., P.O. Box 9449, The Woodlands, Texas 77387; the Aldine Village Wastewater Treatment Facilities are located at 813 Hollyvale, east of Interstate Highway 45 in northern Houston in Harris County, Texas; new permit; 13882-001. Issued in Austin, Texas, on September 12, 1997. TRD-9712209 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 12, 1997 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), sec.7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 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 October 19, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code or the Health and Safety Code, the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 19, 1997. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.7.075 provides that comments on the AOs should be submitted to the TNRCC in writing. (1)COMPANY: Amoco Petroleum Products; DOCKET NUMBER: 97-0537-AIR-E; ACCOUNT NUMBER: GB-0004-L; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery plant; RULE VIOLATED: 30 TAC sec.101.20(1), 40 Code of Federal Regulations sec.60.592(a), 30 TACsec.116.115(a), TNRCC Permit Number 20982, Special Provision Number 3, and the Act, sec.382.085(b), by failing to attempt to repair all leaking valves and pumps within five days from the date the leak was discovered; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (2)COMPANY: Dal-Worth Fabrication, Incorporated; DOCKET NUMBER: 97-0703-AIR-E; ACCOUNT NUMBER: DB-0264-L; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: tank manufacturing plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by constructing and operating a sand silo without obtaining permit authorization or meeting the requirements of a permit exemption; PENALTY: $0; ENFORCEMENT COORDINATOR: David Edge, (512) 239- 1779; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (3)COMPANY: Halten's Auto Sales; DOCKET NUMBER: 97-0667-AIR-E; ACCOUNT NUMBER: OC-0272-L; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: used car sales lot; RULE VIOLATED: 30 TAC sec.114.1(c)(1) and Agreed Order Number 95- 0543-AIR-E and the Act, sec.382.085(b), by offering for sale a vehicle in the State of Texas with missing required emission control systems or devices; PENALTY: $500; ENFORCEMENT COORDINATOR: Mary Jennings, (512) 239-1864; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898- 3838. (4)COMPANY: Harris County Water Control and Improvement District Number 21; DOCKET NUMBER: 97-0215-MWD-E; ACCOUNT NUMBER: Permit Number 10105-001; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 10105-001 and the Code, sec.26.121, by exceeding the copper daily maximum permit limit of 0.01 milligrams per liter; PENALTY: $0; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (5)COMPANY: Metro Concrete Products; DOCKET NUMBER: 97-0315-AIR-E; ACCOUNT NUMBER: MQ-0537-V; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: specialty concrete batch plant; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.0518(a) and sec.382.085(b), by failing to obtain a permit or satisfy the conditions of an applicable permit exemption; PENALTY: $0; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1423, (713) 767-3500. (6)COMPANY: Regency Conversions; DOCKET NUMBER: 97-0535-AIR-E; ACCOUNT NUMBER: TA-2152-E; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: paint and body shop; RULE VIOLATED: 30 TAC sec.116.110(a) and the Act, sec.382.085(b) and sec.382.0518(a), by conducting a spray painting operation without a permit or meeting the requirements for exemption from permitting; PENALTY: $400; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. (7)COMPANY: Steel Maintenance, Incorporated; DOCKET NUMBER: 97-0603-AIR-E; ACCOUNT NUMBER: JE- 0734-L; LOCATION: LaBelle, Jefferson County, Texas; TYPE OF FACILITY: surface coating and abrasive cleaning plant; RULE VIOLATED: 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b), by discharging one or more air contaminants in such concentration and for such duration as to adversely affect and interfere with the normal use of property; and 30 TAC sec.116.115(a) and sec.106.452 (formerly Standard Exemption Numbers 75 and 102) and the Act, sec.382.085(b), by failing to maintain records with the hours of operation, material usage rates, and estimates of the quantity of emissions, and by conducting abrasive cleaning within 500 feet of a structure not occupied or used solely by Steel Maintenanace, Incorporated; PENALTY: $0; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838. (8)COMPANY: The City of Tioga; DOCKET NUMBER: 97-0580-MWD-E; ACCOUNT NUMBER: Permit Number 13199-001; LOCATION: Tioga, Grayson County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: Permit Number 13199-001 and the Code, sec.26.121, by exceeding its five-day, daily average biochemical oxygen demand limit of ten milligrams per liter; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750. Issued in Austin, Texas, on September 12, 1997. TRD-9712172 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 12, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water. Listed below are permits issued during the period of September 12, 1997. Application Number TA-7866 by Soil Stabilizers, Inc. for diversion of ten acre- foot in a three-month period for industrial (road maintenance) use. Water may be diverted from the Highway 271 bridge on Little Cypress Bayou, six miles north of Upshur, Upshur County, Texas, Cypress 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 sec.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 September 12, 1997. TRD-9712211 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: September 12, 1997 Public Hearing Notice NOTICE OF PUBLIC HEARING BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION ON PROPOSED AMENDMENTS TO CHAPTER 50 AND CHAPTER 305 Notice is hereby given that pursuant to the requirements of the Texas Government Code, Subchapter B, Chapter 2001, and the Texas Health and Safety Code, sec.382.017, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning amendments to Chapter 50 and Chapter 305. The proposed amendment to Chapter 50 will provide consistency with certain federal permitting requirements, so that the EPA may approve the delegation of the federal National Pollutant Discharge Elimination System (NPDES) program to Texas for permitting discharges into waters in the state under the NPDES program. The amendments to Chapter 305 will remove "severe economic loss" as a basis for Texas Pollutant Discharge Elimination System (TPDES) permit holders to obtain temporary and emergency orders and executive director authorizations to discharge pollutants into waters of the state; clarify jurisdictional issues after delegation of NPDES permit authority; and establish secondary treatment standards for publicly owned treatment works operating under TPDES permits consistent with federal requirements. A public hearing on the proposal will be held October 7, 1997, at 10:00 a.m. in Room 2210 of TNRCC Building F, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing. Written comments may be mailed to Lutrecia Oshoko, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-5687. All comments should reference Rule Log Number 97171- 050-WT. Comments must be received by 5:00 p.m. within 30 days from the date of this publication. For further information, please contact Nina Fantl at (512) 239-0605. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on September 9, 1997. TRD-9712036 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: September 10, 1997 North Central Texas Council of Governments Notice of Consultant Contract Award Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the July 15, 1997 issue of the Texas Register (22 TexReg 6705). The selected consultants will assist NCTCOG staff in 14 projects in the areas of data collection, thoroughfare planning and technical assistance. The consultants selected for these projects are: Carter & Burgess, Inc. 7950 Elmbrook Drive, Suite 250 Dallas, Texas 75247 - $ 93,591; Wilbur Smith Associated, 9800 Richmond Avenue, Suite 400, Houston, Texas 77042-4524 - $25,000; Barton-Aschman Associates Inc., 5485 Belt Line Road, Suite 199, Dallas, Texas 75240 - $29,007; Kimley-Horn and Associates, Inc., 910 Collier Street, Fort Worth, Texas 76102-3542 - $41,351; and Lee Engineering, 5323 Spring Valley Road, Suite 230, Dallas, Texas 75240 - $10,224. Work on these projects began August 13, 1997, and all work will be completed by September 30, 1997. Issued in Austin, Texas, on September 10, 1997. TRD-9712284 R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: September 15, 1997 Texas Parks and Wildlife Department Executive Order Number 97-003 The Executive Director of the Texas Parks and Wildlife Department ORDERS that in addition to the regulations contained in the Public Lands Proclamation (31 TAC Chapter 65, Subchapter H), hunting on public lands in this state shall be conducted as provided for in the department publications entitled "1997-1998 Applications for Drawings on Public Lands, " "1997-1998 Public Hunting Lands Map Booklet," and any supplements. This order is issued pursuant to sec.81.402 of the Texas Parks and Wildlife code and is effective immediately. Issued in Austin, Texas, on September 15, 1997. TRD-9712279 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Filed: September 15, 1997 Texas Department of Public Safety Qualified Information Systems Contractor Offer Request The Texas Department of Public Safety (DPS), in accordance with provisions of Texas Government Code, Chapter 2254, invites qualified information systems contractors to provide offers of services to implement the remote sensing component of the State of Texas' emissions program. PROJECT DESCRIPTION. The Contractor shall provide a full service package to implement the remote sensing component of the Texas Motorist's Choice Program. This service package will include the selection of remote sensing sites and the collection, storage, processing, and reporting of remote sensing data. The Contractor will also be required to operate a public response service for disseminating information and handling citizen inquiries and complaints. Finally, the Contractor will deliver two specially modified vehicles capable of producing simulating exhaust plumes with known quantities of specified gases for the purpose of conducting performance audits on remote sensing equipment used in the performance of this contract. CONTACT. The complete Request For Offers may be obtained from Vehicle Inspection and Emissions, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0543, (512) 424-2770. DUE DATE. Offers must be received by the Department no later than 5:00 p.m. CST on October 6, 1997. Offers will be opened in the Accounting and Budget Control Division of the Texas Department of Public Safety, 5805 North Lamar Boulevard, Austin, Texas after 8:00 a.m. on October 7, 1997, the 34th calendar day following the date of publication of this announcement. It is the responsibility of the offeror to have offers in the above stated office by that time. Proposals must be submitted in an envelope and in the manner prescribed in the Request For Offers. EVALUATION CRITERIA. Proposals will be evaluated by the DPS and selection will be based on experience, qualifications, cost considerations, and quality of overall offer, as further described in the complete request for offers. The entity selected should be thoroughly familiar with the technology and processes currently in use for similar programs in other states. Contractors must submit a resume setting out experience and qualifications along with the proposed bid. Contractors must also include a list of clients for which similar services have been provided. Issued in Austin, Texas, on September 3, 1997. TRD-9711977 Dudley M. Thomas Director Texas Department of Public Safety Filed: September 9, 1997 Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority On September 5, 1997, Local Telephone Service Company, Inc. filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate No. 60064. The Applicant intends to expand its geographic area to include all areas in Texas currently serviced by GTE Southwest, Inc., Lufkin-Conroe Telephone Exchange and Fort Bend Telephone Company, Inc. The Application: Application of Local Telephone Service Company, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 17753. Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than September 24, 1997. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136. All correspondence should refer to Docket Number 17753. Issued in Austin, Texas, on September 8, 1997. TRD-9711879 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 8, 1997 Notice of Application for Approval of Intralata Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule 23.103 Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on August 22, 1997, pursuant to P.U.C. SUBSTANTIVE RULE 23.103 for approval of an intraLATA equal access implementation plan. Project Title and Number: Application of Lufkin-Conroe Telephone Exchange, Inc. for Approval of IntraLATA Equal Access Implementation Plan, Pursuant to P.U.C. SUBSTANTIVE RULE 23.103. Project Number 17870. The Application: Lufkin-Conroe Telephone Exchange, Inc.'s intraLATA equal access implementation plan will adopt a two-PIC methodology which will allow a telephone subscriber to select one primary interexchange carrier (PIC) for all 1+ and 0+ interLATA toll calls and either the same carrier or a different carrier for all 1+ and 0+ intraLATA toll calls. Lufkin-Conroe will implement intraLATA equal access simultaneously in all exchanges. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711- 3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before September 26, 1997. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936- 7136. Issued in Austin, Texas, on September 12, 1997. TRD-9712245 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 12, 1997 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 September 8, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.;54.151-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of American MetroComm/Texas, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 17761 before the Public tility Commission of Texas. Applicant intends to provide local exchange services, intrastate and interstate interexchange services and other competitive access and telecommunications services. Applicant's requested SPCOA geographic area includes the entire state of Texas. 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 Customer Protection at (512)936-7120 no later than September 24, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 9, 1997. TRD-9711966 Rhonda G. Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 9, 1997 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 of an application on September 5, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to sec.sec. 54.151-54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows. Docket Title and Number: Application of The Telephone Reconnection, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 17778 before the Public Utility Commission of Texas. Applicant intends to provide resold local switched services, including but not limited to, Caller ID and any other services which are available for resale. Applicant's requested SPCOA geographic area includes Harris County. 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 Customer Protection at (512) 936-7120 no later than September 24, 1997. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 8, 1997. TRD-9711878 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 8, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a 184 station addition to the existing PLEXAR-Custom service for Comal County in New Braunfels, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 184-Station Addition to the Existing PLEXAR-Custom Service for Comal County in New Braunfels, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 17961. The Application: Southwestern Bell Telephone Company is requesting approval for a 184-station addition to the existing PLEXAR-Custom service for Comal County in New Braunfels, Texas. The geographic service market for this specific service is the San Antonio local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 12, 1997. TRD-9712244 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 12, 1997 Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to P.U.C. SUBSTANTIVE RULE 23.27 for a 594 station addition to the existing PLEXAR-Custom service for Spring ISD in Houston, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 594-Station Addition to the Existing PLEXAR-Custom Service for Spring ISD in Houston, Texas, Pursuant to P.U.C. SUBSTANTIVE RULE 23.27. Tariff Control Number 17958. The Application: Southwestern Bell Telephone Company is requesting approval for a 594-station addition to the existing PLEXAR-Custom service for Spring ISD in Houston, Texas. The geographic service market for this specific service is the Houston local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 12, 1997. TRD-9712243 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 12, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a 16-station addition to the existing PLEXAR-Custom service for Bank One-Fort Worth in Fort Worth, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 16-Station Addition to the Existing PLEXAR-Custom Service for Bank One - Fort Worth in Fort Worth, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17952. The Application: Southwestern Bell Telephone Company is requesting approval for a 16-station addition to the existing PLEXAR-Custom service for Bank One - Fort Worth in Fort Worth, Texas. The geographic service market for this specific service is the Dallas local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 9, 1997. TRD-9711964 Rhonda G. Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 9, 1997 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a 16-station addition to the existing PLEXAR-Custom service for Bank One in Dallas, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 16-Station Addition to the Existing PLEXAR-Custom Service for Bank One in Dallas, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17951. The Application: Southwestern Bell Telephone Company is requesting approval for a 16-station addition to the existing PLEXAR-Custom service for Bank One in Dallas, Texas. The geographic service market for this specific service is the Dallas local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512)936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 9, 1997. TRD-9711965 Rhonda G. Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 9, 1997 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a new PLEXAR- Custom service for Waco Independent School District (ISD) in Waco, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a New PLEXAR-Custom Service for Waco Independent School District (ISD) in Waco, Texas, Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 17944. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-Custom service for Waco Independent School District (ISD) in Waco, Texas. The geographic service market for this specific service is the Waco local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on September 8, 1997. TRD-9711877 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 8, 1997 On September 4, 1997, Southwestern Bell Telephone Company (SWBT) and US Cellular Corporation (USCC) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated sec.sec.11.001- 63.063) (PURA). The joint application has been designated Docket Number 17931. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. 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 13 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 17931. 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 October 24, 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 Customer Protection 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 17931. Issued in Austin, Texas, on September 8, 1997. TRD-9711847 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 8, 1997 On September 3, 1997, GTE Mobilnet of Houston, Inc., GTE Mobilnet of the Southwest, Inc., GTE Mobilnet of Austin, Inc. (collectively GTE Mobilnet) and GTE Southwest, Inc. (GTE-SW) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated sec.sec.11.001-63.063) (PURA). The joint application has been designated Docket Number 17929. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. 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 13 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 17929. 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 October 24, 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 Customer Protection 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 17929. Issued in Austin, Texas, on September 8, 1997. TRD-9711848 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 8, 1997 On September 4, 1997, Southwestern Bell Telephone Company (SWBT) and IWL Communications, Inc. d/b/a IWL Connect (IWL), collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated sec.sec.11.001-63.063) (PURA). The joint application has been designated Docket Number 17932. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. 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 13 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 17932. 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 October 24, 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 Customer Protection 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 17932. Issued in Austin, Texas, on September 8, 1997. TRD-9711846 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 8, 1997 Public Notice of Interconnection Agreements On September 2, 1997, Southwestern Bell Telephone Company (SWBT) and Caprock Communications Corporation (Caprock) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, 75th Legislature, R.S. chapter 166, sec.1, 1997 Texas Session Law Service 713 (Vernon) (to be codified at Texas Utility Code Annotated sec.sec.11.001-63.063) (PURA). The joint application has been designated Docket Number 17920. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application. 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 13 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 17920. 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 October 24, 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 Customer Protection 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 17920. Issued in Austin, Texas, on September 8, 1997. TRD-9711849 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 8, 1997 Questions Regarding Rights of Telecommunications Utilities and Property Owners Under PURA Building Access Provisions The Public Utility Commission of Texas invites comment on the following questions regarding the application of sec.54.259 and sec.54.260 of the Public Utility Regulatory Act, 75th Legislature, Regular Session, Chapter 166, sec.1, 1997 Texas Session Law Service 831 (Vernon) (to be codified at TEX. UTIL. CODE ANN. sec.54.259, sec.54.260) ("PURA"). Comments should be filed by October 3, 1997, and may not exceed 25 pages. Reply comments may be filed by October 10, 1997, and may not exceed 10 pages. All comments should reference Project Number 18000, Informal Dispute Resolution. 1. When a telecommunications utility serves a tenant in an office building, it uses certain types of space in the building (e.g., equipment placed in the basement; cabling run up the building's riser system). Please identify: (i) the various types and quantities of space typically used by a telecommunications utility to serve a tenant; and (ii) the basis for determining "reasonable" compensation for each of these types of space for purposes of interpreting PURA sec.54.260. 2. Is a compensation mechanism reasonable if it increases the amount of payment due to a property owner based solely on the number of tenants served by the utility or the amount of revenues generated by the utility, rather than based on additional amounts or types of space used by the utility? Do such arrangements unreasonably inhibit market entry by new telecommunications competitors? In applying these arrangements to an incumbent telecommunications utility, which often serves 100% of the tenants prior to the arrival of a competing utility, is it appropriate to: (i) Tbase compensation on the current number of tenants served or revenues generated by the incumbent; or (ii) require compensation only as new tenants are served and new revenues generated by the incumbent. In instances in which new entrants are subject to arrangements based on tenants served or revenues generated, does a building owner's failure to impose such charges on the incumbent constitute "discrimination" for purposes of PURA sec.54.259? 3. PURA sec.54.259(a)(3) provides that a property owner may not discriminate among telecommunications providers "in relation to the installation, terms, conditions, and compensation of telecommunications services facilities to a tenant on the owner's property." Does compliance with this section require that new telecommunications utilities must be treated the same in all respects as incumbent utilities? Should the non-discrimination provisions be read in a manner that takes into account the lack of competitive choices available to property owners prior to the development of local telecommunications competition? Does it make a difference whether the pre-September 1, 1995 business arrangements between a property owner and telecommunications utility were memorialized in a contract? 4. Is it reasonable for a property owner to require that a telecommunications utility has a prospective tenant in a building before the property owner will enter into an agreement regarding access to the building? The commission will consider comments in the formulation of policies implementing PURA. The commission has reserved Project Number 18000 for issues and disputes that may be handled expeditiously and efficiently through the use of alternative dispute resolution. The policy statements and proposals for resolving disputes developed in Project Number 18000 do not constitute commission rules or orders, and do not deprive parties of rights under PURA or the Administrative Procedure Act. Project Number 18000 represents the commission's effort to expedite settlement of business disputes in the increasingly competitive markets for telecommunications and electric services. Issued in Austin, Texas, on September 12, 1997. TRD-9712242 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: September 12, 1997 San Antonio-Bexar County Metropolitan Planning Organization Requests for Proposals The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified firms to conduct a Transit Travel Time Enhancement Study. A copy of the Request for Proposals (RFP) may be requested by calling Betsy Boyd, Senior Transportation Planner, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 p.m. October 17, 1997, at the MPO office: South Texas Building; 603 Navarro, Suite 904; San Antonio, Texas 78205. The contract award will be made by the MPO's Transportation Steering Committee based on the recommendation of the Oversight Committee. The Oversight Committee will review the proposals based on the evaluation criteria listed in the RFP. Funding for this study, in the amount of $75,000 is contingent upon the availability of Federal transportation planning funds. Issued in Austin, Texas, on September 11, 1997. TRD-9712145 Janet A. Kennison Administrator San Antonio-Bexar County Metropolitan Planning Organization Filed: September 12, 1997 The San Antonio-Bexar County Metropolitan Planning Organization (MPO) is seeking proposals from qualified public relations firms to assist the MPO in conducting a public involvement campaign in support of updating the region's 20-year Metropolitan Transportation Plan. A copy of the Request for Proposal (RFP) may be requested by calling Scott Ericksen, the MPO Public Involvement Coordinator, at (210) 227-8651. Anyone wishing to submit a proposal must do so by 12:00 noon, October 17, 1997, to the MPO office at: South Texas Building; 603 Navarro, Suite 904; San Antonio, Texas 78205. The contract award will be made by the MPO's Transportation Steering Committee based on the recommendation of the Oversight Committee. The Oversight Committee will review the proposals based on the evaluation criteria listed in the RFP. Funding for this two-year study in the amount of $40,000 is contingent upon the availability of Federal transportation planning funds. Issued in Austin, Texas, on September 11, 1997. TRD-9712146 Janet A. Kennison Administrator San Antonio-Bexar County Metropolitan Planning Organization Filed: September 12, 1997 The University of Texas System Consultant Proposal Request This request is submitted in accordance with the provisions of the Government Code, Chapter 2254. The University of Texas Health Science Center at Houston (UTHSC-H) hereby provides a notice of invitation for offers of consulting services. Required services are in the area of analyzing the current employee groupings, base pay salary structures and market positions for UTHSC-H's classified and management administrative and professional positions; comparing UTHSC-H's internal pay practices to the external talent markets; and using the results of the internal pay practice analyses and external comparisons as a basis for discussing with us the actual versus desired level of base compensation for the respective employee groups. The end product will be salary structures which reflect the university's chosen competitive position for the respective employee groups. It is anticipated that the value of this required consulting service will exceed $10,000. For further information or to obtain a complete proposal package, contact Albin Womeldurf, UTHSC-H Purchasing, P.O. Box 20036, OCB 1.160, Houston, Texas 77225, (713) 500-4701. One original and four copies of the full proposal must be submitted to UTHSC-H prior to 3:00 p.m., October 17, 1997. Proposals received thereafter will not be considered and will be returned unopened. Proposals should be sent to the address indicated below. Mrs. Sandra Bibbs, Procurement Services, The University of Texas Health Science Center at Houston, P.O. Box 20036, Houston, Texas 77225. Selected Respondents may be requested to conduct an on-site presentation, at their expense, to clarify and expand upon items provided in their proposal. UTHSC-H will evaluate all offers of consulting services received following the closing date of October 17, 1997. Evaluation criteria includes demonstrated competence, qualifications, ability to complete the project within the time parameters provided, quality of market data provided, and reasonableness of cost. Issued in Austin, Texas, on September 8, 1997. TRD-9711907 Arthur H. Dilly Executive Secretary to the Board of Regents University of Texas System Filed: September 9, 1997 Request for Proposal - Extension of Submittal Deadline The University of Texas System advertised Request for Proposal RE-01 in the August 8, 1997, issue of the Texas Register (Volume 22, Number 59, Pages 7425- 7426). This announcement was noted as TRD-9709909. The University hereby announces that the deadline for submittal of proposals for RFP RE-01 has been extended to 4:00 p.m., Thursday, October 2, 1997. Questions concerning this change in the submittal deadline should be directed to James S. Wilson, Executive Director, Real Estate, The University of Texas System, 210 West 6th Street, Austin, Texas, 78701, (512) 499-4333. Proposals received late for any reason will be returned unopened. Issued in Austin, Texas, on September 15, 1997. TRD-9712280 Arthur H. Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: September 15, 1997 Texas Workers' Compensation Commission Invitation To Applicants 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 - Dentist 3. Primary member - Podiatrist 4. Primary member - Representative of Employees ALTERNATE 5. Alternate member - Public Health Care Facility 6. Alternate member - Dentist 7. Alternate member - Pharmacist 8. Alternate member - Podiatrist 9. Alternate member - Occupational Therapist 10. Alternate member - Medical Equipment Supplier 11. Alternate member - Representative of Employees 12. Alternate member - General Public 13. 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. Issued in Austin, Texas, on September 12, 1997. TRD-9712193 Elaine Crease Program Assistant, General Counsel's Office Texas Workers' Compensation Commission Filed: September 12, 1997 Texas Youth Commission Request for Proposal #98-25 To Provide Intensive Surveillance and Supervision to TYC youth in identified locations. The Texas Youth Commission (TYC) is issuing a request for written proposals for intensive surveillance and supervision to TYC youth ages 10-21 in identified locations in the state of Texas. Description: The focus of the TYC RFP #98-25 is to provide intensive surveillance and supervision to TYC youth. The program must serve males and females between the ages of 10 and 21 determined by TYC staff to be appropriate for intensive surveillance and supervision services. Youth will be assigned to the program by TYC and TYC will provide a complete Common Application with attachments. The following is a profile of the youth that may be served by this request for proposals: 94% males and 6% females, average age 16.8 (range 10-21), history of chronic or serious criminal offending and 81% ethnic minorities. Eligible applicants include corporations, private non-profit agencies, private for profit agencies and individuals. The Texas Youth Commission encourages historically underutilized businesses to respond to this request for proposal. Proposals must be received no later than 5:00 p.m. October 31, 1997. Evaluation and Selection. Proposals will be evaluated and selection based on the financial components, program implementation, applicant background, and program components and narrative. A point and ranking system will be used to evaluate proposals. Contracts may be awarded to more than one applicant. Contact Person: Request for Proposal packets and information may be obtained from Paula Morelock, Director of Contract and Support Programs, Texas Youth Commission, P. O. Box 4260, Austin, Texas 78765, Fax (512) 424-6300 Closing Date: The closing date for receipt of proposals is October 31, 1997, at 5:00 p.m. Issued in Austin, Texas, on September 12, 1997. TRD-9712147 Steve Robinson Executive Director Texas Youth Commission Filed: September 12, 1997